Terms and Conditions

Last Updated: 10/30/2015

Welcome to talq! The Terms of Service (the 'Terms') provided by talq Inc. shall govern your access to and use of talq, accessible via our website located at https://www.talqapp.com (collectively, the 'Site') and our mobile device applications ('App'). To simpler manifestation of the Terms, the Site, our services and the App are collectively called the 'Services.'

APPROVAL OF TERMS

Please carefully read the following Terms of Service before registering for and using the Service.

By accessing or using the talq app you or the entity you represent ("you" and "your") agree to be bound by these Terms of Service (the “Terms”), which govern your access to and use of the “Services” offered by talq Inc. (“we”, “us” or “our”).

If you are registering for the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

talq Services

These 'Terms of Services' apply to all users of the talq Service. Information provided by our users through the talq Services may contain content or links to third party websites that are not owned or controlled by talq. talq has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, talq will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that talq shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Your Account

You agree to provide us with accurate and complete information when you create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the applicable jurisdiction. When creating an Account, you may also be required to provide certain personal information about yourself.

It’s important that the information you provide us for your Account is accurate, complete and up-to-date and you agree to update such information, as needed. If you fail to do so, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and if you observe any unauthorized use of your Account, you’ll notify us immediately. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Your Content

Responsibility for Your Content – For Business Accounts
Only ‘You’ shall be responsible for the Content You provide via talq App. Once published, You assume all risks associated with the Content, including its permissions of use, quality, accuracy, or reliability, or any disclosure by you that makes you personally identifiable. You recognize that Your Content is in NOT SPONSORED or ENDORSED by talq.

Our Right to Use Your Content – For Business Accounts
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 talq users and others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irreversibly grant us perpetual, non-exclusive, royalty-free, assignable, transferable rights to use Your Content for any purpose. Please note that you also irreversibly 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 irreversibly waive, and cause to be waived, against 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.

User Access and Consent to Use of Data – For Consumer Accounts
By using talq Services, you agree to the following disclaimer: Permission to access your personally identifiable information (PII), which you voluntarily provide via forms within the app and may include name, location, transactions, device, IP address, and grant permission to transmit it over the network.

We don’t have an obligation to monitor, review or edit any messages that you may send to businesses or responses that you may receive, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or not transmit any messages or responses that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.

Conditions of Use

By using the Services, you agree that you (i) will comply with all regulations, policies and procedures of networks through which You access and use the Service, (ii) will not access or attempt to access the Services by any means other than those provided on the website, and (iii) will not access or attempt to access any account for which You have no access authorization.

If you download the App through or from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:

These Terms are concluded between you and talq, and not with the App Provider, and that talq (not the App Provider), is solely responsible for the App.

The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.

The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

You must also comply with all applicable third-party terms of service when using the App.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations.

Restrictions on Use

talq grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a mobile device you own or control. You may use the Application for your own personal and commercial use, and you are not permitted to resell or charge others for use of or access to the application. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without talq’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.

Notifications

Any consumer who messages a business will be considered as a ‘follower’ of the business and the businesses may push notifications to the users. You also have an option to disable notifications.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Disclaimer of Warranties

The transmission, storage, viewing, and retrieval of data and files through the World Wide Web are subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. YOU UNDERSTAND AND AGREE THAT SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) WILL MEET YOUR REQUIREMENTS, OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) AND YOUR DEALINGS WITH OTHER SERVICE USERS.

Limitations of Liabilities

IN NO EVENT SHALL TALQ INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TALQ INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You will defend, indemnify, and hold talq Inc., our subsidiaries, affiliates, agents, officers, licensor, directors, and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Service or (ii) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.

Confidentiality

All intellectual property rights in the Software and User Documentation are owned by talq Inc. or its affiliates and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.

Modification of This Agreement

We may change these Terms from time to time and the most current version will always be posted on our website located at https://www.talqapp.com. As our Services are evolving we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our website or terms page, so please check the pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the talq Services.

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