A : Terms of Service
1.Your association with WebTalkies
- “WebTalkies” means WebTalkies LLC, which is registered under laws and regulations of secretory of state North Carolina United States.
- Your use of the WebTalkies website (the “Website”) and any WebTalkies products, software, data feeds and services, including the WebTalkies video
player provided to you on or from or through the Website by WebTalkies (collectively the “Service”) is subject to the terms of a legal agreement
between you and WebTalkies.
1.2 Your legal agreement with WebTalkies is made up of
- (A) The terms and conditions set out in this document,
1.3 The Terms form a legally binding agreement between you and WebTalkies in relation to your use of the Service. It is important that you take the time to
read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also Content providers, on the Service. “Content” includes the text, software,
scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or
contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that WebTalkies will treat your use of the Service as acceptance of the
Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with WebTalkies, or (b) you are a
person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or
from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
WebTalkies reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to
functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the
“Modified Terms”) will be posted at http://www.webtalkies.com/terms or made available within the Service (for
any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date
the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. WebTalkies accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a WebTalkies account. When creating your
account, you must provide accurate and complete information. It is important that you must keep your WebTalkies account password secure and confidential.
4.2 You must notify WebTalkies immediately of any breach of security or unauthorised use of your WebTalkies account that you become aware of.
4.3 You agree that you will be solely responsible (to WebTalkies, and to others) for all activity that occurs under your WebTalkies account.
5. General restrictions on use
5.1 WebTalkies hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to
adhere to any of these conditions shall constitute a breach of these Terms on your part:
- you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without
WebTalkies’s prior written authorisation, unless WebTalkies makes available the means for such distribution through functionality offered by the
Service (such as the WebTalkies Player, Social Media Sharing);
- you agree not to alter,modify, delete, upload, download, distribute or re destribute any part of the Website or any of the Service (including but not
limited to the WebTalkies Player and its related technologies);
- you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the WebTalkies Player, or
such other means as WebTalkies may explicitly designate for this purpose;
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i)
prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
- you agree not to use the Service (including the WebTalkies Player) for any of the following commercial uses.
- the sale of access to the Service
- the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
- the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service.
- Commertial use of any content on webtalkies is strictly prohibited unless you have prior written concent from webtalkies.
- You are not allowed to use embade or hot link the WebTalkies contents including or not limited to web talkies player, trailors and any other
intellectual property of Web Talkies on any other website
- you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a
manner that sends more request messages to the WebTalkies servers in a given period of time than a human can reasonably produce in the same period by
using a publicly available, standard (i.e. not modified) web browser;
- you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include
WebTalkies account names);
- you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
- you agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal
functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by WebTalkies via the
Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded
(either permanently or temporarily), copied, stored, or redistributed by the user.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without
the prior written consent of WebTalkies or the respective licensors of the Content.
5.2 WebTalkies grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or archives of such materials. WebTalkies reserves the right to revoke these
exceptions either generally or in specific cases.
5.3 You acknowledge and agree that the form and nature of the Service which WebTalkies provides may change from time to time without prior notice to you.
5.4 You acknowledge and agree that WebTalkies may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to
users generally at WebTalkies’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically
inform WebTalkies when you stop using the Service.
5.6 You agree that you are solely responsible for (and that WebTalkies has no responsibility to you or to any third party for) any breach of your
obligations under the Terms and for the consequences (including any loss or damage which WebTalkies may suffer) of any such breach.
6. Copyright policy
6.1 WebTalkies operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. If you believe your
copyright protected work was posted on Web Talkies without authorization, you may Contact us to submit a copyright infringement notification. These
requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
6.2 As part of WebTalkies’s copyright policy, WebTalkies will terminate user access to the Service if a user has been determined to be a repeat infringer.
A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 As a WebTalkies account holder you can submit Content only after upgrading your account to a copyright holder account by contacting us and signing a
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to WebTalkies and other users of the
Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that Copy right holder or the content provider is solely responsible for his Content and the consequences of posting or
publishing it. WebTalkies does not endorse any Content or any opinion, recommendation, or advice expressed therein, and WebTalkies expressly disclaims any
and all liability in connection with Content.
7.4 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or
otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WebTalkies
with respect to any such Content.
8. WebTalkies content on the Website
8.1 Content on the Service is either owned by or licensed to WebTalkies, and is subject to copyright, trade mark rights, and other intellectual property
rights of WebTalkies or WebTalkies’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or
service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of WebTalkies or, where applicable, WebTalkies’s
licensors. WebTalkies and its licensors reserve all rights not expressly granted in and to their Content.
9. Links from WebTalkies
9.1 The Service may include hyperlinks to other web sites that are not owned or controlled by WebTalkies. WebTalkies has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party websites.
9.2 You acknowledge and agree that WebTalkies is not responsible for the availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that WebTalkies is not liable for any loss or damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
10. Ending your relationship with WebTalkies
10.1 The Terms will continue to apply until terminated by either you or WebTalkies as set out below.
10.2 If you want to terminate your legal agreement with WebTalkies, you may do so by (a) notifying WebTalkies at any time and (b) closing your WebTalkies
account. Your notice should be sent, in writing, to WebTalkies’s address which is set out at the beginning of these Terms.
10.3 WebTalkies may at any time terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the
provisions of the Terms); or
- WebTalkies is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
10.4 WebTalkies may terminate its legal agreement with you if:
- WebTalkies is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- the provision of the Service to you by WebTalkies is, in WebTalkies’s opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and WebTalkies have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation,
and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Exclusion of Warranties
11.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter
11.2 The Service is provided “as is” and WebTalkies makes no warranty or representation to you with respect to them.
11.3 In particular WebTalkies does not represent or warrant to you that:
- your use of the Service will meet your requirements,
- your use of the Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description)
apply to the Service except to the extent that they are expressly set out in the Terms.
12. Limitation of Liability
12.1 Nothing in these Terms shall exclude or limit WebTalkies’s liability for losses which may not be lawfully excluded or limited by applicable law.
12.2 Subject to the overall provision in paragraph 13.1 above WebTalkies shall not be liable to you for:
- any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or
indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between
you and any advertiser or sponsor whose advertising appears on the Service;
- any changes which WebTalkies may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features
within the Service);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of
- your failure to provide WebTalkies with accurate account information;
- your failure to keep your password or WebTalkies account details secure and confidential.
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between
12.3 The limitations on WebTalkies’s liability to you in paragraph 13.2 above shall apply whether or not WebTalkies has been advised of or should have been
aware of the possibility of any such losses arising.
13. General legal terms
13.1 The Terms constitute the whole legal agreement between you and WebTalkies and govern your use of the Service and completely replace any prior
agreements between you and WebTalkies in relation to the Service. All other terms of service that Web Talkies LLC. and any of its subsidiaries may have in
place from time to time are expressly excluded from the Terms.
13.2 You agree that WebTalkies may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the
13.3 You agree that if WebTalkies does not exercise or enforce any legal right or remedy which is contained in the Terms (or which WebTalkies has the
benefit of under any applicable law), this will not be taken to be a formal waiver of WebTalkies’s rights and that those rights or remedies will still be
available to WebTalkies.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.5 You acknowledge and agree that each member of the group of companies of which WebTalkies is a part shall be third party beneficiaries to the Terms and
that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour
of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
13.6 The Terms, and your relationship with WebTalkies under the Terms, shall be governed by United States of America law. You and WebTalkies agree to
submit to the exclusive jurisdiction of the courts of United States of America to resolve any legal matter arising from the Terms. Notwithstanding this,
you agree that WebTalkies shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
C: Web Talkies Paid Service Terms of Service
Web Talkies allows you to access certain premium features or content in exchange for a one-time, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the “Paid Services”). The Paid Services include Web Talkies rentals, and other Web Talkies services which may be offered by Web Talkies in the future. Your transactions and any other use of the Paid Services are subject to these Web Talkies Paid Service Terms of Service (“Paid Service Terms”) and / or terms of service of third party payment gateways provided by Web Talkies to collect payment such as PayPal
1. Your Acceptance
Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services for stated duration of time.
2. Payment, Refund and Cancellation Policy
- Web Talkies accepts payment via the current payment method indicated prior to purchase, which may include PayPal Payments and any other form of payment that we make available to you from time to time. You must Complete payment using third party payment gateways such as PayPal..You must have a valid accepted form of payment on file in order to purchase Paid Services or participate in free trial offers or other free offers related to the Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement (including without limitation the Web Talkies Payments Terms of Service), whether with Web Talkies or a third party, that governs your use of a given payment processing method.
- Prices for any Paid Service may change at any time, and Web Talkies does not provide price protection or refunds in the event of a price reduction or promotional offering.
- You agree to pay for any Paid Service that you order. Web Talkies will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.
- If you purchase any automatically renewing subscriptions, you agree that Web Talkies will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Web Talkies reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Web Talkies may cancel your subscription.
If Web Talkies is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Paid Service. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Paid Service ordered and you make your request no later than 2 calander days after your order is completed. Please note that if your order includes a free trial (as described below), the 2 calander days period for requesting a refund begins at the time when you are billed for the Paid Service.
Requests for refunds must be directed to our customer support team by filiing contact us form .We reserve the right to approve or deny refund requests at our sole discretion, except where the Paid Service is defective.
In the event a refund is issued after 7 days for any subscription Paid Service. Web Talkies reserves the right to terminate your access to the relevant Paid Service purchased.
If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
3. Accessing Paid Services.
Device and Usage Requirements.
Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time. For further information on supported devices and technical requirements, please read our FAQ section.
The Paid Services, and certain content available within the Paid Services, are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.
Your use of the Paid Services must be only for personal, non-commercial use. You agree not to use any Paid Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Paid Service and all rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by Web Talkies and its licensors. If Web Talkies reasonably determines that you violated any of the terms and conditions of the Paid Service Terms, your rights under this Section 4 will immediately terminate and Web Talkies may terminate your access to the Paid Service and/or your Web Talkies account without notice and without refund to you.
When you use the Paid Service, you may not (or attempt to):
- use the Paid Service in an illegal manner or for an illegal purpose;
- share your Web Talkies account password with someone else to allow them to access any Paid Service that such person did not order;
- copy, sell, rent, or sublicense the Paid Services Content to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Web Talkies uses to protect the Paid Service or encourage or help anyone else to do so;
- access the Paid Service other than by means authorized by Web Talkies
- remove any proprietary notices or labels on Paid Services.
Changes or Discontinuation of Paid Services.
Web Talkies reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund as described above.
Removal or Unavailability of Content.
In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. Web Talkies will have no liability to you for any such unavailability. In the case of video rentals and purchases, if this happens during your rental period, you may request either a refund of the price paid or a reasonable replacement for such otherwise unavailable rental or purchased content
Changes to the Paid Service Terms.
We may also change these Paid Service Terms from time to time so we encourage you to periodically review the most up-to-date version at webtalkies.com. If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.
7. Other Terms
- You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, Web Talkies will have no liability to you for any content that you find offensive.
- The Paid Services are being provided by Web Talkies LLC., reachable via mail at firstname.lastname@example.org via email.You may also contact our customer support team by clicking “Contact Us”
You agree that you are solely responsible for (and that Web Talkies has no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which Web Talkies may suffer) of any such breach.
- YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WEB TALKIES AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.
- SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL WEB TALKIES OR ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY WEB TALKIES FROM YOU FOR THE PAID SERVICES.
- you acknowledge and agree that that these Paid Service Terms, your transaction for the Paid Service, and your relationship with Web Talkies under these Paid Service Terms shall be governed by the laws of the State of North Carolina, U.S.A., without respect to its conflict of laws principles and any claim or dispute that arises in whole or in part from your use of the Web Talkies Website and the Paid Services will be decided exclusively by a court of competent jurisdiction located in cabbarrus county North Carolina, U.S.A.