Terms of Use

Welcome to Talksub!

By using this website (the “site”) and services (together with the site, the “services”) offered by Sponsub Inc. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors, “Talksub,” “we,” or “us”), you are agreeing to these legally binding rules (the “terms” or “terms of use”). You are also agreeing to our Privacy Policy, Copyright Policy, and all other rules on the site.

We may change these terms from time to time. If we make changes, we may, at our sole discretion, let you know by notifying you on the site or by sending you an email. New versions of the terms will never apply retroactively and we will tell you the exact date they go into effect. If you keep using the services after a change, that means you accept the new terms. If you do not agree to the revised terms, you must stop accessing and using our services before the changes become effective.

Your Account and Account Security

To use many of the services, you will need to register and create an account. You must provide us with accurate and complete information and update your account information as needed to keep the information accurate and complete. You may not impersonate anyone, choose a username that may offend someone, or violate anyone’s rights. If you do so, we may cancel your account.

To sign up for an account and use our services, you must be at least 13 years old or over the age required by the laws of your country to form a binding contract. You are responsible for any and all account activity conducted by a minor on your account.

If you are accepting these terms and using the services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these terms, in which case the words “you” and “your” as used in these terms shall refer to such entity.

You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you must notify us immediately by contacting us at [email protected]. To the extent permissible under applicable law, we are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.

You can delete your account at any time, but this will not automatically delete your content. You may submit a request to delete your account by contacting us at [email protected]. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these terms survive termination of an account, including our rights regarding any content you have already submitted to the site.

Your Use of the services

We grant you a personal, limited, non-exclusive, non-transferable, and revocable license to use and access our services solely as permitted by these terms. We reserve all rights not expressly granted to you by these terms.

Except as permitted through the services or as otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the services or content;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the services or content; or
  • access the services or content in order to build a similar or competitive website, product, or service.

We reserve the right to modify, suspend, or discontinue the services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the services will be subject to these terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services or any part thereof.

User Conduct

When accessing or using our services, you may not:

  • create or submit any content that violates our Community Rules or attempt to circumvent any content-filtering techniques we use;
  • take any action that violates the law, infringes or violates anyone’s rights, or breaches any agreements or legal obligations that you have towards anyone;
  • offer any content that are illegal, violate any of our policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation;
  • post any false, misleading, or inaccurate information or engage in any deceptive or fraudulent activities;
  • victimize, threaten, abuse, harass, or defame anyone or engage in a behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy;
  • attempt to gain unauthorized access to another user’s account or to the services (or to other computer systems or networks connected to or used together with the services);
  • take actions to damage or gain unauthorized access to any system, data, passwords, or other information whether it belongs to Talksub or another party;
  • distribute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • run mail lists, listservs, any kind of auto-responder, or spam on or through the site;
  • use the services to harvest, collect, gather, assemble information or data regarding the services or users of the services except as permitted in these terms or in a separate agreement with Talksub;
  • bypass any measures that we have put in place to secure the services;
  • reverse engineer or take apart any aspect of the services to access any underlying information or use any kind of software or device to “crawl” or “spider” any part of the site;
  • upload, transmit, or distribute to or through the services any software viruses, worms, or other software intended to interfere with the proper functioning of any software, hardware, or equipment on the site or the use of the site by any other user;
  • use the services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the services or that could damage, disable, overburden, or impair the functioning of the services in any manner;
  • intentionally negate any user’s actions to delete or edit their content on the services;
  • access, query, or search the services with any automated system, other than through our published interfaces and pursuant to their applicable terms; and
  • access our site or services if we have prohibited you from doing so.

We reserve the right to determine what is considered reasonable.

Our Role and Rights

We have the right to remove any content at any time and for any reason or no reason, at our discretion. If you see any content that violates any of the terms on this page, then please let us know by contacting us at [email protected]. It may take a while for us to investigate and determine if the content should be removed. We do not communicate our reasons for removing or keeping the content on the site.

We have the right to decide who is eligible to use our services. We have the right to monitor, suspend, terminate, or delete any user account at any time for any reason or no reason. We may cancel accounts or decline to offer our services, especially if you abuse them. Upon termination, you must cease all use of the services and content. All representations and warranties shall survive termination.

We have the right to modify or discontinue the site and services at our sole discretion without notice or liability. We can change our eligibility criteria at any time. If this is prohibited by law where you live, then we may revoke your right to use the services in that jurisdiction.

The services may be unavailable for scheduled maintenance and other purposes or due to unplanned outages or other malfunctions. We are not responsible if the services are unavailable or if you lose any data, information, or content for any reason or no reason.

Talksub is not liable for any damages or losses related to your use of the services. When you use the services, you release Talksub from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the services. All content you access or use through the services are entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.

Talksub is not liable for any damages as a result of any of the actions taken and we have no obligation to provide you with reasons for the actions taken. We do not have any liability to you or third parties for any use of the services associated with your account or project.

You agree to defend, indemnify, and hold harmless Talksub, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, licensors, and third party providers from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, expenses (including reasonable legal fees and costs), and all amounts paid in settlement arising from or relating to, breach of these terms including, but not limited to, violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

Our services are legally protected by copyright, trademark, service mark, patent, trade secret, and other laws and rights. You agree to respect all copyright and legal notices, information, and restrictions contained in any content accessed through the site or the services. You agree not to change, translate, or otherwise create derivative works of the services.

Content and Intellectual Property

The services may contain information, test, links, graphics, photos, videos, or other materials, including content created with or submitted to the services by you or through your account. We take no responsibility for and we do not expressly or implicitly endorse any of your content.

You retain any ownership rights you have in your content, but when you submit your content to the site or through the services, you agree to the following terms in addition to all other terms on this page:

You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. You grant us the right to copy, change, edit, modify, translate, format, or delete any content. You also agree that we may remove metadata associated with your content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your content.

By submitting your content to the services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to your content contained within these terms. You may not submit content you do not hold the copyright for, unless you have permission to do so. Your content may not contain any material that infringes on anyone’s intellectual property or proprietary rights unless you have permission from the rightful creator of the material or you are otherwise legally entitled to post the material and to grant Talksub all the license rights outlined here. Any royalties or licensing on your content are your responsibility.

You guarantee that our use of your content does not violate anyone’s rights or copyrights. If Talksub or its users exploit or make use of your content in the ways contemplated in this agreement, you guarantee that this will not infringe or violate the rights of any third party including, but not limited, to any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

All information submitted to the site, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom that content originated. We are not responsible for any errors or omissions in your content.

We grant you a limited, worldwide, non-exclusive, non-sublicensable, and non-transferable license to access and use any content, solely for use of the services, in accordance with these terms. If you want to use, reproduce, modify, distribute, or store any content for a commercial purpose, you need prior written permission from Talksub or the relevant copyright holder.

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any content unless we give you explicit permission to do so. We reserve the right to revoke this license to access and use any content granted to you at any time.

Third Party Content, Advertisements, and Promotions

The services may contain links to third party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users. Third party content is not under our control and we are not responsible for any of their websites, products, or services. Your use of third party content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such third party content.

The services may also contain sponsored third party content or advertisements. The type, degree, and targeting of advertisements are subject to change and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the services, including your content.

If you choose to use the services to conduct a promotion, including a content or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Talksub and the rules for your promotion must require each entrant or participant to release Talksub from any liability related to the promotion.

Suggestions and Feedback

We are always pleased to hear from our users and welcome your comments or suggestions.

Any ideas, suggestions, and feedback about us or our services that you provide to us are entirely voluntary and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

All ideas, suggestions, and feedback submitted to us are and will be considered as non-confidential and non-proprietary.

While we appreciate your ideas, we are under no obligation to evaluate, review, or use them.

Disclaimer of Warranty

Talksub has no fiduciary duty to any user. The services, content, and any other materials are provided “as is” and “as available” and without warranties of any kind, express or implied.

Talksub does not control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user.

To the fullest extent permitted by law, Talksub and its affiliates, licensors, suppliers, advertisers, sponsors, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade.

Talksub and its affiliates, licensors, suppliers, advertisers, sponsors, agents, and other third party service providers do not warrant that your use of the services will be uninterrupted, error-free, or secure; that defects will be corrected; or that the services or the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components. No opinion, advice, or statement of Talksub or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made through the use of the services or on third party platforms or otherwise shall create any warranty. Your use of the services, including, but not limited to, any services provided on any third party platform, are entirely at your own risk.

Disclaimer of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and content, and any contact you have with other users or third parties, whether in person or online, remains with you. Neither Talksub nor any other party involved in creating, producing, or delivering the services will be liable (whether based on warranty, contract, tort including negligence, product liability, or any other legal theory, and whether or not Talksub has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill; (b) service interruption, computer damage, or system failure; (c) cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) use of or inability to use the services; or (f) any communications or other interactions with other users or other persons with whom you communicate or interact as a result of your use of the services.

To the fullest extent permitted by law, in no event will Talksub and its affiliates and subsidiaries, and their respective officers, directors, employees, partners, suppliers, agents, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind including, but not limited to, damages (i) resulting from your access to, use of, or inability to access or use the services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the site.

In no event shall the total, aggregate liability of Talksub and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, arising from or relating to the terms, services, or content, or from the use or inability to use the services exceed one hundred US dollars ($100.00).

Waiver and Release

For users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You waive this section of the California Civil Code and any similar provision in law, regulation, or code that has the same effect or intent as the foregoing release. If you are a resident of another jurisdiction, in or outside of the United States, you waive any comparable statute or doctrine.

Dispute Resolution

We encourage you to contact us if you have any issue by emailing us at [email protected]. as most issues can be resolved without the involvement of a court or arbitrator. In the unlikely event that a dispute relating to your use of Talksub or these terms arises that cannot be resolved by negotiation, you and Talksub agree to submit the dispute to arbitration.

The arbitration must be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.

We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. The arbitration will be held in San Francisco, California unless mutually agreed to another location. Any contrary terms will supersede the JAMS standard to the extent that they differ.

You agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

This section shall survive any termination of your account, these terms, or the services.

Governing Law

Talksub is based in San Mateo, California so any actions not subject to arbitration shall be heard before a court of competent jurisdiction located in or most proximal to San Mateo, California.

The terms and the relationship between you and us shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions.

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to these terms or the services, whether brought in arbitration or before a court of law, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The Rest

These terms and policies constitute the entire agreement between you and us regarding your access to and use of our services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and us with respect to the services and govern our relationship. You agree that, except as otherwise expressly provided in these terms, there shall be no third party beneficiaries to these terms.

If any of these terms is deemed illegal, invalid, or unenforceable under the law, the rest of these terms will remain in full force and effect. No waiver of any provision of these terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or term under this Agreement shall not constitute a waiver of such right or term.

You may not assign or transfer any of your rights or obligations under these terms without our consent. We may freely assign these terms.

Updated: 30 January 2020