PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE TALKBOX PUSH-TO-TALK SERVICE. THE USE OF THESE SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.Purpose of Agreement
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TALKBOX LIMITED (hereinafter “TalkBox”) GOVERNING YOUR USE OF TALKBOX PUSH-TO-TALK AVAILABLE AT TALKBOXAPP.COM (hereinafter “Service(s)”).Description of Service
TalkBox PUSH-TO-TALK is effective walkie-takie like communication tool for a corporation or a working group with highly secured messenger system. Users in the team are managed by the central administration centre to form a network that allows users to exchange, shares, group announcement and job dispatching via mobile devices in form of voice and images. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.Modification of Terms of Service
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). Any unused prepaid fee will be returned to you if TalkBox Service us suspensed or terminated.Privacy
- You are eighteen (18) years of age or older and have full power and authority to enter into this Terms of Service.
- You have a valid email address.
- You will not provide any false personal information on or through the Service, or create an account for anyone other than yourself without permission.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You are responsible for all software, data, text, images, voice, and other content (“Content”) posted and activity that occurs under your account (even if Content is posted by someone else using your account), and you have all rights necessary to upload all Content uploaded to the Service through your account (“Your Content”) to the Service and to grant TalkBox Push-To-Talk the right to provide the Service in connection with Your Content.
- Your Content and your other activities in connection with the Service do not and will not violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
- You will not use the Service for any illegal purposes, and you will not violate any applicable laws (including without limitation any data, privacy or export control laws).
- You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit the Service or make the Service available to any third party; (b) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with TalkBox or any of its affiliates, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- You will comply with any codes of conduct, policies or other notices TalkBox provides you or publishes on the Service, and you shall promptly notify TalkBox if you learn of a security breach related to the Service.
- You will not transmit any viruses or any code of a destructive nature.
If you violate the letter or spirit of this Terms of Service, or otherwise create possible legal exposure for TalkBox or any of its affiliates, we can stop providing all or part of the Service to you. We will generally try to notify you, but have no obligation to do so. You may delete your account or uninstall the application for the Service at any time.Fees and Payments
TalkBox reserves the right at any time to modify fees for access to portions or whole of any or all of the Services. However, such modified fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time TalkBox requires a fee modification for any of the Services, you will be given reasonable advance notice and the opportunity to cancel your subscription before such charges are imposed. If you elect not to pay such fees, TalkBox shall have the right to cease providing such Service to you.Copyright and Content Ownership
We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant TalkBox the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for TalkBox’s commercial, marketing or any similar purpose.Intellectual Property Rights
The release of the TalkBox Services to you will not act as an assignment of any Intellectual Property Rights that TalkBox possesses in the same.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 AGREE THAT TALKBOX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TALKBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TALKBOX RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL TALKBOX’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless TalkBox, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.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
END OF TERMS OF SERVICELast updated: 14 June 2013.