Privacy is of great importance to us whether You are a “Visitor” (which means that you simply browse the Site (defined below)) or a “Member” of Talksspot (which means you have either registered with Talksspot or established an account). Visitors and Members are individually referred to as a “User,” and collectively, as “Users” Because we gather important information from our Users, we have established this Privacy Statement as a means to communicate our information collection, use and dissemination practices.
So we are clear on the terminology we use, “Personal Information” means contact information (e.g., your name, address, email address, and/or telephone number, etc.) and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information. “Anonymous Information” means information that is not used or intended to be used to personally identify an individual.
BY USING OUR SITE OR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY STATEMENT AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY STATEMENT. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.
The Site and Services are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. If we later learn that a user is under 13 years of age, we may take steps to prevent the User from utilizing the Site and the Services.
In general, the Personal Information we gather enables us to provide the Services to you and helps us learn more about the use of the Site and/or Services. We collect Personal Information that you submit to us voluntarily at registration and in the course of using the Site and/or Services, including the questions and opinions you post on the Site or through the Services. To use the Services you must create an “Account” by providing your name, email address, gender, age, location, additional preferences, a password, and potentially additional information. You may alternatively connect to the Site or Services through Facebook and Gmail, in which case we may collect that information (less the password but including a photograph), from Facebook for the purposes of creating your Account on the Site. When you communicate with us by sending us an email, we will collect and store any information that is contained in your communications with us.
When you register, we will create a profile for you that includes your first name and first letter of your last name and any other information you want to provide, including, but not limited to, your gender, location, relationship status, your bio and a profile picture. We may collect information about your location in a variety of ways, including through Facebook. If you registered through Facebook, we may use the information we collected about you from Facebook to pre-populate your Profile. You can choose not to provide us with certain information, but the Services have more relevancy when you provide this information, and you may be able to make more meaningful connections.
We will refer to all of the information contained in your Profile as your “Profile Information”. As your Profile Information is intended by you to be published on the Site, your Profile Information will not be considered Personal Information under this Agreement, even if it contains Personal Information and we may use and disclose the Profile Information on the Site without restriction.
We will refer to the questions asked through the Site and Services as "Questions" and responses to Questions as "Comments".
If you choose to use our “Invite Friend” feature, we will ask for your friends email address. We will send your friend a one-time email inviting them to visit the site. We do not store this information or use it for any other purpose other than to fulfill send the email at your request.
If compliance to law requires us to share some or all of your data at Talksspot with Government authorities, we may disclose your data.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Talksspot.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Talksspot.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Talksspot and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Talksspot, you own Your Content. We own the Talksspot Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review Score, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Talksspot Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Talksspot Content are retained by us.
Talksspot and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Talksspot's websites, and attributes Talksspot as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Talksspot promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Talksspot's systems. Talksspot reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content (including any that may have been created by users employed or contracted by Talksspot) does not necessarily reflect the opinion of Talksspot. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TALKSSPOT ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE TALKSSPOT ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE TALKSSPOT ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE TALKSSPOT ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, SCORE, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
2. THE TALKSSPOT ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE TALKSSPOT ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
3. THE TALKSSPOT ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE TALKSSPOT ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
We may send you communications via email about the Site and Services. Please note that even if you unsubscribe or opt-out, we may still send you Site and Service related communications (e.g., emails related to your Account).
To be clear, profile Information, Questions and Responses that are associated with your name, email or other identifying information is considered Personal Information and we use such Profile Information, Questions and Responses in all of the ways we use Personal Information.
We provide Members who seek opinions through the Services with the opportunity to communicate with responding Members. All such communication is directly through the Services, and we have access to this information as a result. Through this communication, another Member may request additional information from you. Such sharing of information is entirely your choice. Please be judicious about the information you share through the Site and Services.
We may share your Profile Information publicly on the Site and through our Services, including to Members whose questions you Talksspot on through the Service and to your friends on the Site. We will make your Profile Information available to that other users in Talksspot.
Each time you ask a Question, you have an opportunity to define the set of people to whom the Question is sent (e.g., Talksspot public, Talksspot friends). We disclose the Question you asked in association with your name as it appears in your Profile to the individuals you authorize.
Each time you provide a Response to a Question asked by another Member, we provide your Response to that Member along with your name as it appears in your Profile.
Please remember that this is a community-oriented Site. You are welcome to share as much Profile Information as you think is necessary and appropriate. But please be aware than any Profile Information will be made available on your Profile, which may be available to other Members and/or Visitors.
We may disclose Anonymous Information without restriction.
FEEDBACK If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with Your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Statement.
The Site or Services may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site or Services and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you.
This Policy was last revised: Jan 1, 2015.