1. Acceptance of Terms
By accessing and using TalkoGames, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using TalkoGames owned or operated services, you and TalkoGames shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. Description of Service
TalkoGames provides users with access to a rich collection of resources, including various communications tools, forums, and personalized content through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TalkoGames to provide the Service. You also understand and agree that the Service may include certain communications from TalkoGames, such as service announcements, administrative messages, and updates. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that TalkoGames assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
3. Privacy Policy
Registration data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the Service, you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by TalkoGames and its affiliates.
4. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TalkoGames, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. TalkoGames does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will TalkoGames be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
5. Indemnity
You agree to indemnify and hold TalkoGames and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
6. Modifications to Service
TalkoGames reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TalkoGames shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
7. Termination
You agree that TalkoGames may, under certain circumstances and without prior notice, immediately terminate your TalkoGames account and access to the Service. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms of Service or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, and extended periods of inactivity. Termination of your TalkoGames account includes the removal of access to all offerings within the Service and may also bar you from further use of the Service. Further, you agree that all terminations for cause shall be made in TalkoGames' sole discretion and that TalkoGames shall not be liable to you or any third party for any termination of your account or access to the Service.
8. Limitation of Liability
You expressly understand and agree that TalkoGames shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if TalkoGames has been advised of the possibility of such damages), resulting from the use or the inability to use the Service; the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service.
9. Governing Law
The Terms of Service and the relationship between you and TalkoGames shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TalkoGames agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
10. Entire Agreement
The Terms of Service constitute the entire agreement between you and TalkoGames and govern your use of the Service, superseding any prior agreements between you and TalkoGames with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TalkoGames services, affiliate services, third-party content, or third-party software.
11. Contact Information
If you have any questions about these Terms, please contact us at support@talkogames.com.