Effective Date: 08/01/2011
Please carefully read the following Terms before using the Web site. By accessing and using the Web site or Services, or the content displayed on, posted to, transmitted, streamed, or distributed or otherwise made available on or through the Web site, including without limitation, User Materials and Submissions (collectively, “Content”), you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Web site or any of its Content or Services.
YOU MUST BE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) TO VIEW, ACCESS, OR USE THIS WEB SITE, CONTENT OR SERVICES. IF YOU ARE UNDER 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION), YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE, CONTENT OR SERVICES FOR ANY REASON. YOUR ACCESS TO, USE OF, AND BROWSING OF THE WEB SITE AND ITS CONTENTS AND SERVICES ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. BY VIEWING, USING, OR ACCESSING THIS WEB SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE UNDER THE AGE OF 18 (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION) YOU MAY NOT USE, VIEW, OR ACCESS THIS WEBSITE, YOUR PERMISSION TO USE, VIEW, OR ACCESS THE WEB SITE, CONTENT OR SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND CLICK HERE TO DISCONTINUE USE OF THIS WEB SITE IMMEDIATELY AND LEAVE THIS WEB SITE. PLEASE CLICK HERE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend that will be located at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Web site, Content, or Services after that date. Each time you access, use or browse the Web site, Content, or Services you signify your acceptance of the then-current Terms.
2. Permitted Users of Web site
The Web site, Content, or Services are solely directed to persons at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction). This site may expose you to material and content inappropriate for minors. If you are under the age of 18 (or for jurisdictions in which 18 years old is not the age of majority, under the age of majority for your jurisdiction) you may not use, view, or access this Website and you must leave this Web site immediately by clicking here. If you are at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) and agree to these Terms, you are permitted to use, view, and access this Website, Content, or Services. If you do not agree to be bound by these Terms or do not wish to view or be exposed to graphic content or are offended by graphic content, you should not and are not permitted to use, view, and access this Website, Content, or Services and you must immediately discontinue your use of the Website by clicking here. By viewing this site and accessing the Services, you agree that such viewing and access does not violate the laws or standards imposed by your town, city, state or country.
We are not responsible or liable for any content, communication, or other use or access of the Web site, Content, or Services by users of this Web site in violation of these Terms.
TalkOClock and the Web site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Web site and must exit immediately. If you are under age 13, you are not permitted to submit any personally identifiable information to the Web site. If you provide information to TalkOClock through the Web site or any other part of the Web site, Content, or Services you represent to TalkOClock that you are 13 years of age or older. This does not change the foregoing obligation to be at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) to use this Web site.
3. Permitted Use of Web site
The Content, Web site, and Services are the sole and exclusive property of TalkOClock and/or its licensors. You agree not to reproduce, republish, upload, post, duplicate, modify, copy, alter, distribute, create derivative works from, sell, resell, transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Web site, Content or Services other than as expressly authorized by TalkOClock in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Service, Website, or Content. Use of the Web site or the Content or Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website, Content, or Service. TalkOClock reserves the right to remove or suspend access to the Website, Content, or Services without prior notice.
You may not duplicate, publish, display, modify, alter, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Web site or the Content or Services unless expressly authorized by TalkOClock in writing or as expressly set forth herein. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Web site or in the Content or Services. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service (e.g., phone, comments, messaging) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Web site. In your use of the Web site, Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TalkOClock is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content from sources other than TalkOClock. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or sexually explicit, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TalkOClock with respect thereto.
5. Account Password and Security
The Web site may contain features that require registration (e.g., when you register for an account or a contest). You agree to provide accurate, current and complete information about yourself as prompted. If you provide any information that is inaccurate, not current or incomplete, or TalkOClock has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, TalkOClock may remove or de-register you from this Web site or contest, at its sole discretion. TalkOClock reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Web site that would otherwise be denied.
At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, if any, and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify TalkOClock of any unauthorized use of your password or account or any other breach of security. TalkOClock is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
6. Proprietary Rights
You acknowledge and agree that, as between TalkOClock and you, all right, title, and interest in and to the Web site, Content, and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by TalkOClock or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Web site for any other purpose is prohibited. TalkOClock and its licensors reserve all rights not expressly granted in and to the Website, Service and the Content.
Copyright: As between you and TalkOClock, you acknowledge and agree that all Content and Services included in the Web site, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, software and other information and materials, is the copyright and property of TalkOClock or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Web site or Content for the sole purpose of using the Web site as a personal internal resource or otherwise for its intended purposes, provided that all hard copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary marks and notices. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website, Content, or Services are strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Web site are proprietary to TalkOClock or its licensors. Without limiting the foregoing, “TalkOClock” is the trademark of TalkOClock. Unauthorized use of any trademark of TalkOClock may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Web site do not constitute or imply affiliation, endorsement or recommendation by TalkOClock, or of TalkOClock by the third parties.
7. Your Indemnity of TalkOClock
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TALKOCLOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, OBLIGATIONS, DEMANDS, COSTS OR DEBTS, AND EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION, POSTING, OR SUBMISSION TO OR USE OF THE WEB SITE OR THE CONTENT OR SERVICES OR SUBMISSION; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF TALKOCLOCK OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOUR SUBMISSION CAUSED DAMAGE TO A THIRD PARTY.
8. User Generated Content
a) Communications Services: The Web site may contain areas for you to leave comments or feedback, voice mail, chat areas, blogs, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with TalkOClock and other users of the Web site (collectively, “Communication Services”). The opinions expressed in the Communication Services reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of TalkOClock. You acknowledge that your submissions to the Web site may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.
b) Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and TalkOClock reserves the right to determine what types of conduct it considers to be inappropriate use of the Web site. In the case of inappropriate use, TalkOClock or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Web site, Content, Services or a Communication Service, you will not:
Use the Web site, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Take any action that imposes an unreasonable or disproportionately large load on the Web site’s infrastructure or otherwise in a manner that may adversely affect performance of the Web site or restrict or inhibit any other user from using and enjoying the Communication Services or the Web site.
Use the Web site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or Services.
Aggregate, copy, duplicate, publish, or make available any of the Content or Services or any other materials or information available from the Web site to third parties outside the Web site in any manner or any other materials or information available from the Web site.
Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise violate the rights (such as rights of privacy and publicity) of others or reveal another users’ personal information e.g. hate speech.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, sexually explicit, pornographic, nude, or unlawful topic, name, material, content, video, image, audio, caption, or information e.g. animal abuse, drug or substance abuse, accidents, dead bodies and similar items. Our Services and Website are not provided for pornography or sexually explicit content. Be advised that we work closely with law enforcement and we report child exploitation. You are not permitted to provide a Submission that contains graphic or gratuitous violence (on yourself or others) or shows yourself or someone else getting hurt, attacked, or humiliated.
Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
Upload or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Use the Web site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Download any file or material posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Engage in any other action that, in the judgment of TalkOClock, exposes it or any third party to potential liability or detriment of any type.
If you use, view, or access this Web site in contravention of these Terms, or if you have repeatedly violated these Terms or a third party’s copyright, we reserve the right to terminate the permissions or rights granted to you by TalkOClock and we reserve all of our rights under this Agreement, at law and in equity.
c) User Materials: Any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Web site, Services or the Communication Services by users or other third parties (“User Materials”) are strictly those of the person from which such User Materials originated, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk and TalkOClock expressly disclaims any and all liability in connection with User Materials. TalkOClock does not validate, monitor, or endorse any User Materials of any user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their reliability. Under no circumstances will TalkOClock or its suppliers or agents be liable in any way for any User Materials.
You acknowledge and agree that TalkOClock may or may not pre-screen or monitor User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, move, remove, suspend, block, and/or restrict access to the Website and any Content or User Materials that are available via the Web site. You understand that by using the Web site, you may be exposed to User Materials that you may consider offensive or objectionable. Some of the Content on this Web site may offend you. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others.
Without limiting the foregoing, TalkOClock and its designees have the right to temporarily or permanently remove, delete, block, suspend or restrict your account or access to the Website or any Content or User Materials on the Website that violate these Terms or are otherwise objectionable, obscene, pornographic, or offensive in TalkOClock’s sole discretion, including without limitation removing or substituting other words for foul or inappropriate language. You agree TalkOClock shall have no liability for such removal, deletion, blocking, suspension, or restriction or any of the actions taken pursuant to this Section.
You further acknowledge and agree that you will not rely on this Web site or any Content or Services available on or through the Web site. We are not responsible for any errors or omissions in the User Materials or hyperlinks embedded therein or for any results obtained from the use of such information. Under no circumstances will TalkOClock or its suppliers or agents be liable for any loss or damage caused by your reliance on such User Materials.
Except as otherwise expressly permitted under copyright law or as otherwise expressly set forth herein, you will not copy, redistribute, retransmit, publish or commercially exploit the downloaded Content without the express permission of TalkOClock and the copyright owner. You may not sell, lease or rent access to or use of the Web site or its Services. You shall not use this Web site or any Content or Services at any time for any purpose that is unlawful or prohibited by these Terms and other conditions and notices on the Web site and shall comply with all applicable local, state, federal, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, or treaties of any government or regulatory body of any jurisdiction. You shall not use the Web site in any manner that could damage, disable, impair or interfere with any other user’s use of the Web site or Services or Content. You may not attempt to gain unauthorized access to the Web site through hacking or any other unauthorized means. You may not attempt to obtain or obtain any Content or Services through any means not intentionally made available to you through the Web site.
9. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
TalkOClock may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Website, Content, or Services by users who infringe the intellectual property of others. 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 TalkOClock’s Copyright Agent a Notice containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Web site (providing URL(s) in the body of an email is the best way to help TalkOClock locate content quickly);
your name, address, telephone number, and email address;
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;
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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by TalkOClock against you, the DMCA permits you to send TalkOClock a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to TalkOClock’s Copyright Agent who can be reached in the following ways:
Mailing Address: 1175 Saratoga Avenue, Ste. 4, San Jose, CA 95129.
Make sure you know whether the Content that you have seen on TalkOClock infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
Links to Other Websites and Search Results: The Web site may contain links to websites operated by other parties. The Web site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of TalkOClock which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and TalkOClock disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that TalkOClock shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on the Website or any Content or Services available on or through any other site or resource.
Links to the Web site: You may link another website to the Web site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of TalkOClock or the Web site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with TalkOClock or the Web site; (iii) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking website; and (iv) TalkOClock reserves the right to revoke its consent to the link at any time and in its sole discretion.
11. Modifications to Web site
TalkOClock reserves the right at any time and from time to time to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Web site, Content, or Services, or any portion thereof, with or without notice. You agree that TalkOClock will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Web site, Content, or Services.
12. Suspension and Termination Rights
TalkOClock reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Web site, Content, or Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that TalkOClock shall not be liable to you or any third party for any such suspension or termination.
THE WEB SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEB SITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, AUDIO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKOCLOCK AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEB SITE OR ANY CONTENT OR SERVICES ARE ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TALKOCLOCK EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITE. TALKOCLOCK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TALKOCLOCK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Web site is free of viruses or other harmful code.
14. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKOCLOCK AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEB SITE. IN NO EVENT SHALL TALKOCLOCK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF TALKOCLOCK ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEB SITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIVE HUNDRED DOLLARS (U.S.)
YOU SPECIFICALLY ACKNOWLEDGE THAT TALKOCLOCK SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this Web site is TalkOClock, Inc., 1175 Saratoga Avenue, Ste. 4, San Jose, CA 95129, Ph: (3822) _ (789-900). Complaints regarding this Web site, or the Content or Services or requests to receive further information regarding use of this Web site or the Content or Services may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16. Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Santa Clara County, California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE WEB SITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Web site is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Web site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. TalkOClock does not represent that the Web site, Content, or Services are appropriate outside the United States of America. TalkOClock reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
17. Force Majeure
TalkOClock shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
18. Ability To Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
Please direct any questions you may have about these Terms, technical questions or problems with the Web site, or report a violation of these Terms, or comments or suggestions to TalkOClock at email@example.com.
Â© 2011 TalkOClock, Inc. All Rights Reserved.