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Acceptance of Terms

TalkBox Limited ("TalkBox") provides the TalkBox Services including, but not limited to the TalkBox Voice Messenger application ("TalkBox") and other software applications (collectively, "TalkBox Applications") and the TalkBox Web site ("the Web Site") to you subject to the following Terms of Services ("Agreement"), which may be updated by us from time to time on the Web Site or included in TalkBox Applications.

TalkBox reserves all rights not expressly granted to you and may refuse your access to TalkBox Services for noncompliance with any part of this Agreement.

Please read this document and the accompanying Privacy Policy carefully before accessing or using TalkBox Services. By accessing or allowing a third party to access or use TalkBox Services, you agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, do not use TalkBox Services.

Scope of License

Subject to the terms of this Agreement, when you download TalkBox Applications from the Apple App Store ("App Store"), Android Market, BlackBerry App World, Nokia Ovi Store, the Web Site or from TalkBox directly as part of beta or other pre-release program, TalkBox grants you a limited, non-transferable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license to download and install the TalkBox on any iPhone, iPod touch, iPad, or other device as authorized by Apple, Inc. ("Apple") or Android device or BlackBerry device or Nokia device that you own or control and as permitted in the usage Rules set forth in the App Store Terms of Service and/or Android Market Terms of Service and/or BlackBerry App World Terms of Service and/or Nokia Ovi Store Terms of Service and/or carrier terms of service and/or other applicable terms of service. This license does not allow you to use the TalkBox on any device authorized for use by Apple, Google, Rim, Nokia or by your carrier or device manufacturer, that you do not own or control. You may not rent, lease, lend, sell, redistribute or sublicense the TalkBox. You may not modify, decompile, reverse engineer, disassemble, create of derivative works of, attempt to derive the source code of the TalkBox, any updates, or any part thereof except to the extent permitted by law. Any attempt to do any of the aforementioned is a violation of the rights of TalkBox and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by TalkBox that replace and/or supplement the original TalkBox Applications.

Use of TalkBox User Accounts

Use of TalkBox Services requires a user account which is implicitly created upon installation and first use of TalkBox Applications. TalkBox retains the right to remove the account or data stored within the account at any time and for any reason. TalkBox retains the right to access your account for support and maintenance purposes, and as instructed by you for account service inquiries. TalkBox Applications may store account data on the device upon which they are installed -- you are responsible for backing up and securing data on your device; TalkBox is not responsible for loss of account information due to device loss, data loss, system malfunction, and/or application malfunction.

TalkBox Services Privacy Policy

Your privacy is very important to us at TalkBox Service. To better protect your rights, TalkBox has provided the Privacy Policy to explain our privacy practices in detail.

TalkBox will not provide data that personally identifies you (excluding data required to operate the service) to any third parties unless you expressly approve such or as required by law. By using the TalkBox Services, you consent to the sharing of data required to operate the services, including but not limited to data required to facilitate voluntary communication with other users of TalkBox Services, and data required to provide third party services provided by Google, Inc. (used for geolocational services within the application and the Android platform), Apple, Inc. (device manufacturer), Research In Motion Limited, Nokia Corporation, Facebook (for Facebook account integration), Twitter (for Twitter account integration), advertising services (where embedded in the application). YOU UNDERSTAND THAT ALTHOUGH TALKBOX MAY BE FREE, YOU MAY BE CHARGED FOR BANDWIDTH USAGE IF YOU DO NOT HAVE AN UNLIMITED DATA PLAN OR ROAMING DATA PLAN.

Your Conduct:

You understand that all information, data, music, sound, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TalkBox, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the TalkBox Services. TalkBox does not control the Content posted via the TalkBox Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the TalkBox Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TalkBox 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 TalkBox Application.

You agree to not use the TalkBox Application to:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
e. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
f. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. use TalkBox Services if you are under age 13 without the express consent of a parent or guardian;
h. use TalkBox Services to facilitate or engage in criminal activities;
i. use TalkBox Services for emergency services or other critical operations where injury, death, or economic damage could result;
j. use TalkBox Services to upload viruses or malicious code;
k. interfere with or disrupt the Talk Services or servers or networks connected to the TalkBox Services, or disobey any requirements, procedures, policies or regulations of networks connected to the TalkBox Services, including using any device, software or routine to bypass our robot exclusion headers;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge that TalkBox may or may not pre-screen Content, but that TalkBox and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the TalkBox Services. Without limiting the foregoing, TalkBox and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Participating, facilitating and/or encouraging any of the aforementioned actions may result in termination of your account. TalkBox reserves the right to remove any account for any reason at any time, with or without notification.

In addition, you agree that you will use TalkBox Services in strict accordance with the TalkBox Privacy Policy, this Agreement, and all applicable laws and regulations (including but not limited to, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

Disclaimer of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE TALKBOX SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TALKBOX SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TalkBox AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TalkBox AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TALKBOX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TALKBOX SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TALKBOX SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TALKBOX SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TALKBOX SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TalkBox OR THROUGH OR FROM THE TALKBOX SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER AND /OR PORTABLE DEVICE SCREEN OR WHILE USING THE TALKBOX SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TALKBOX SERVICES. IMMEDIATELY DISCONTINUE USE OF THE TALKBOX SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TALKBOX SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TalkBox AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 TalkBox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TALKBOX SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TALKBOX SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE TALKBOX SERVICES.

Modification to TalkBox Services

TalkBox reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TalkBox Services (or any part thereof) with or without notice. It is your responsibility to check this Agreement periodically for changes. Your continue use of or access to TalkBox Services following the posting of any changes to this Agreement constitutes acceptance of those changes. TalkBox may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement. You agree that TalkBox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TalkBox Services (or any part thereof).

Exporting the Application

You may not use or otherwise export or re-export the TalkBox Applications except as authorized by the law of Hong Kong Special Administrative Region of the People's Republic of China. By using TalkBox Applications, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by the law of Hong Kong Special Administrative Region of the People's Republic of China. You assert that YOU are solely responsible for being aware of and abiding by the laws of your jurisdiction and following them accordingly. You also agree that you will not use these TalkBox Applications for any purposes prohibited by the law of Hong Kong Special Administrative Region of the People's Republic of China, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. If you are a resident of a country other than the Hong Kong Special Administrative Region of the People's Republic of China, you agree with the abovementioned and also agree that you will not use TalkBox Applications for any purposes prohibited by the law of Hong Kong Special Administrative Region of the People's Republic of China law AND the country in which you are a resident AND the country in which you are domiciled in addition to any local jurisdictional laws.

Intellectual Property Rights

The release of the TalkBox Applications to you will not act as an assignment of any Intellectual Property Rights that TalkBox possesses in the same.

Indemnity

You agree to indemnify and hold TalkBox liability free from TalkBox and its subsidiaries, affiliates, officers, directors, agents, employees, partners, contractors and licensors harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of contents you submit, post, transmit, modify or otherwise make available through the TalkBox Services, your use of TalkBox Services, your connection to the TalkBox Services, your violation of this Agreement, or your violation of any rights of another.

Applicable Governing Law / Jurisdiction

This Agreement constitutes the entire agreement between TalkBox and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TalkBox, or by TalkBox posting a revised version of this document. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of TalkBox Services will be governed by the laws of Hong Kong Special Administrative Region of the People's Republic of China, and the proper venue for any disputes arising out of or relating to any of the same will be the Courts of Hong Kong Special Administrative Region of the People's Republic of China. You and TalkBox agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any ancillary document executed pursuant to it. Further, you and TalkBox agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. Any and all disputes, claims and causes of action arising out of or relating to TalkBox Services or these Terms shall be resolved individually, without resort to any form of class action.

Termination

TalkBox may terminate this Agreement and stop providing TalkBox Services to you at any time with reasonable notice.

Trademark Information

You agree that all of TalkBox's trademarks, trade names, service marks and other TalkBox logos and brand features, and product and service names are trademarks and the property of TalkBox (the "TalkBox Marks"). Without TalkBox's prior permission, you agree not to display or use in any manner the TalkBox Marks.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

TalkBox respects the intellectual property of others, and we ask our users to do the same. TalkBox may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TalkBox's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TalkBox's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail:
Copyright Agent c/o TalkBox Limited
Unit 805 - 806, 8/F., Tower A,
Manulife Financial Centre,
223 Wai Yip Street, Kwun Tong, Kowloon
HONG KONG
By email: [email protected]

SMS Terms & Conditions (US):

Enter you phone number into the TalkBox application to receive a standard rate alert for verifying your cell phone.
Receive 1 message from TalkBox for verification.
Text STOP to 23063 to opt out.
Text HELP to 23063 for support.
Msg&Data Rates May Apply.
Participating Carriers include:
AT&T, MetroPCS, Cricket, T-Mobile, U.S. Cellular, Sprint, Nextel, Boost, Virgin Mobile and Verizon Wireless.
For customer support please call 1-877-772-3381, email [email protected] or visit http://talkboxapp.com/auto/contact.

General Information

Entire Agreement. This Agreement constitutes the entire agreement between you and TalkBox and governs your use of the TalkBox Services, superseding any prior version of this Agreement between you and TalkBox with respect to the TalkBox Services.

Waiver and Severability of Terms. The failure of TalkBox to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your TalkBox account is non-transferable and any rights to your TalkBox account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TalkBox Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Last Updated on 27th July 2011