Terms & Conditions
Please read our End User License Agreement/Warranty
1. Acceptance of Terms
BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Talkbo reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the “Terms” link located at the bottom of our Web pages.
2. Description of Services
Through the Site, Talkbo provides you with access to a variety of resources, including a customer portal, download areas, communication forums and product information (all, part of the Services). The Services also include the Talkbo “Skill Store,” and special terms apply to your use of the Skill Store, as set out below. If you are an “Owner” of any Talkbo-branded product (including, without limitation, a “Talkbo Robot”), you may designate a “Loop” of others who may be permitted to download software products and digital content (the “skills”) for use on the Talkbo Robot.
The Services, including any updates, enhancements, new features, or the addition of any new web properties, are subject to these Terms.
3. Personal and Non-Commercial Use Limitation
Unless otherwise specified in writing, the Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
4. Privacy and Protection of Personal Information
See Talkbo ’s Privacy Statement at www.Talkbo.com/legal/privacy for disclosures relating to the collection and use of your information. The Privacy Statement is incorporated in these Terms as though fully stated.
5. Owner and Loop Member Use
Each Talkbo Robot has one designated Owner. The Owner has administrative control over the robot, including access to skills that may run on the robot, but can share some of that control with designated Loop Members. Authorized Loop Members will be able to access the Skill Store for downloading and use of skills on Talkbo Robots. Every Loop Member must have a valid account with Talkbo (an “Account”) in order to transact on the Skill Store.
An Owner must be 18 years old or older and must have an eligible payment method registered with Talkbo. That payment method will be used for all Skill Store purchases for the Talkbo Robot, whether by the Owner or by an authorized Loop Member. If you are an Owner, you represent that you are the parent or legal guardian, or have obtained approval from the parent or legal guardian, of any Loop Member under age 13. Skills are associated with the account of the Owner and a particular Talkbo Robot.BY INVITING A PERSON TO JOIN A LOOP, THE OWNER AGREES THAT ALL LOOP MEMBER PURCHASES ARE AUTHORIZED BY AND ARE THE RESPONSIBILITY OF THE OWNER, EVEN IF THE OWNER WAS UNAWARE OF ANY PARTICULAR PURCHASE, OR IF A LOOP MEMBER EXCEEDED HIS OR HER AUTHORITY AS GRANTED BY THE OWNER. THE OWNER IS RESPONSIBLE FOR COMPLIANCE WITH ANY AGREEMENT WITH ITS PAYMENT METHOD PROVIDER, AND ASSUMES ALL RISK IN THE EVENT THAT SHARING ACCESS TO SUCH PAYMENT METHOD LIMITS ANY PROTECTION OFFERED BY THE PAYMENT METHOD PROVIDER.
The Owner can change the payment method on file at any time. A record of each purchase will be sent to the Owner; please report a problem to Talkbo if you or your Loop Members do not recognize charges originating with Talkbo or the Skill Store.
The Owner may remove any Loop Member from the Loop at any time. Upon removal, all of the Loop Member’s rights to control the applicable Talkbo Robot and skills will terminate. However, skill downloads and other transactions initiated by the Loop Member prior to termination will remain indefinitely with the applicable Owner and Talkbo Robot(s).
You may belong to any number of Loops at a time. All members of the same Loop must use the same Skill Store country or region. Eligible skills can be downloaded and used for no additional cost on no more than three Talkbo Robots with the same Owner. Talkbo reserves the right to disband a Loop in accordance with the “Termination” section of this Agreement.
6. Electronic Contracting
Your use of the Services includes the ability to enter into agreements and to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND SKILLS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
7. Skill Store Terms
Talkbo is the provider of the Skill Store, the service that permits you to license the skills for end user use only under these Terms. This Section 7 sets out additional terms that apply to your purchase and use of skills through the Skill Store that is part of the Site.
7.1 Requirements for Use of the Skill Store
You must have a unique Account, either as an Owner or Loop Member, to use the Skill Store. Only those age 13 years or older can create accounts on their own. Children under the age of majority should review these Terms with their parent or guardian to ensure that the child and the parent or legal guardian understand them.
The Skill Store is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Skill Store from outside these locations. Talkbo may use technologies to verify your compliance.
Use of the Skill Store requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates or on-demand download of content based on skill usage and resource constraints (which may use cellular data); and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Skill Store and may be required for certain transactions or features and to download skills previously purchased or acquired from the Skill Store. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Skill Store is not part of any other product or offering, and no purchase or obtaining of any other product will be construed to represent or guarantee you access to the Skill Store.
7.2 Your Account
As a registered user of the Skill Store, you must establish an Account with Talkbo. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Talkbo of any security breach of your Account. Talkbo will not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download skills from the Skill Store, you must enter your Talkbo username and password to authenticate your Account for transactions. Once you have authenticated your Account using your Talkbo username and password (together, “Credentials”), you may not need to authenticate again for some period of time; during this time, you will be able to purchase and download skills without re-entering your Credentials.
You agree to provide accurate and complete information when you register with, and as you use, the Skill Store ("Skill Store Registration Data"), and you agree to update your Skill Store Registration Data to keep it accurate and complete. You agree that Talkbo may store and use the Skill Store Registration Data you provide for use in maintaining and billing fees to your Account.
7.3 Gift Certificates, Codes, Allowances, and Content Codes
Gift Certificates, Codes, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or Codes; used to provide Allowances; used for purchases on the Skill Store. Unused balances are not transferable.
Gift Certificates, Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.
The Gift Certificate Code cash value is 1/10 of one cent.
Talkbo is not responsible for lost or stolen Gift Certificates, Codes, or Allowances. Risk of loss and title for Gift Certificates, Codes, and Allowances transmitted electronically pass to the purchaser in Massachusetts upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass in Massachusetts upon electronic transmission from Talkbo; for avoidance of doubt, such recipient may not always be you.
Talkbo reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Code, or Allowance is fraudulently obtained or used on the Service.
TALKBO AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, CODES, CONTENT CODES, ALLOWANCES, OR THE SKILL STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, CARD OR CODE, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Gifts purchased from the Services may be purchased only for, and redeemed only by, authorized Owners or Loop Members. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.
7.5 Automatic Delivery and Downloading Previous Purchases
When you first acquire skills through the Skill Store (collectively, “Eligible Content”), you must select a specific Talkbo Robot to which the skill will be downloaded. If you are the Owner of multiple Talkbo Robots, you may be able to download the skills on up to three of those robots so long as all of the robots are under the same Account (each, an “Associated Robot”). Skills will be downloaded automatically to the selected Talkbo Robots.
After you get Eligible Content, you may download certain of such previously-acquired Eligible Content onto any Associated Robot, so long as the total downloads per skill and per Account do not exceed applicable download limits. Some Eligible Content that you previously acquired may not be available for subsequent download at any given time, and Talkbo will have no liability to you in such event.
A Talkbo Robot can be associated with only one Owner at any given time. You may switch a Talkbo Robot to a different Owner only once every 90 days.
7.6 Automatic Delivery of Updates
Your Talkbo Robot will periodically check with the Skill Store for updates to the skills on your robot and, if available, the update may automatically download and install. Certain skills may also download additional content, such as game levels or chapters, on an on-going basis based on usage and resource constraints. You agree that Talkbo, through the Skill Store, may automatically download and install updates and content onto your Talkbo Robot(s). To prevent the download of on-demand content within a skill, delete the skill from your Talkbo Robot.
7.7 Use of Skills and the Skill Store
The Skill Store and certain skills may include security technology that limits your use of skills. Whether or not skills are limited by security technology, you must use skills in compliance with the applicable usage rules established by Talkbo (“Usage Rules”), and that any other use of the skills may constitute a copyright infringement. Any security technology is an inseparable part of the skills. Talkbo reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Talkbo for compliance purposes, and Talkbo reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Skill Store by any means other than through software that is provided by Talkbo for accessing the Skill Store. You may not access or attempt to access an Account that you are not authorized to access. You may not modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Skill Store. Violations of system or network security may result in civil or criminal liability.
If Talkbo changes any part of or discontinues the Skill Store, which Talkbo may do at its election, you may not be able to use skills to the same extent as prior to such change or discontinuation, and Talkbo shall have no liability to you in such case.
7.8 Third-Party Materials
Certain content, skills, and services available via the Skill Store may include materials from third parties. Talkbo may provide links to third-party websites as a convenience to you. You agree that Talkbo is not responsible for examining or evaluating the content or accuracy and Talkbo does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Talkbo is not in any way responsible for any such use by you.
7.9 Skill Store Ratings
All skills will be rated. The ratings are:
Skills in this category are family friendly and are suitable for people of all ages.
Skills in this category may not be suitable for young children, and may occasionally have some mild violence, mature or suggestive material, and may require use of an account on a non-Talkbo product.
Skills in this category are suitable for adults only, and include offensive language, and may include explicit or reference to violence, suggestive material, alcohol, and dugs at minimum. These skills may also require use of a valid account or credit card on a non-Talkbo product.
By default, you will be required to enter a Restricted Access PIN to use any skill rated 13+ or higher (for older audiences). The Owner sets the Restricted Access PIN for the owner’s robot(s). It is your responsibility to safeguard your Restricted Access PIN so minors cannot access 13+ rated material without your explicit permission. Notwithstanding the ratings, you understand that by using the Skill Store, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. In any case, you agree to use the Skill Store at your sole risk and Talkbo shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. skill ratings, types and descriptions are provided for convenience, and you agree that Talkbo does not guarantee their accuracy.
7.10 Intellectual Property
The Skill Store, including but not limited to skills, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Skill Store, contain proprietary information and material that is owned by Talkbo and its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Skill Store in compliance with these Terms. No portion of the Skill Store may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Skill Store in any manner, and you shall not exploit the Skill Store in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of these Terms, Talkbo and its licensors reserve the right to change, suspend, remove, or disable access to any skills, content, or other materials comprising a part of the Skill Store at any time without notice. In no event will Talkbo be liable for making these changes. Talkbo may also impose limits on the use of or access to certain features or portions of the Skill Store, in any case and without notice or liability.
All copyrights in and to the Skill Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Talkbo and its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SKILL STORE, EXCEPT FOR USE OF THE SKILL STORE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Talkbo, the Talkbo logo, and other Talkbo trademarks, service marks, graphics, and logos used in connection with the Skill Store is trademarks or registered trademarks of Talkbo Inc. in Hong Kong and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Skill Store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or Talkbo suspects that you have failed, to comply with any of the provisions of these Terms, Talkbo, at its sole discretion, without notice to you may: (i) terminate these Terms or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; or (ii) terminate the license to the software; or (iii) preclude access to the Skill Store (or any part thereof).
Talkbo reserves the right to modify, suspend, or discontinue the Skill Store (or any part or content thereof) at any time with or without notice to you, and Talkbo will not be liable to you or to any third party should it exercise such rights.
7.12 DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
TALKBO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SKILL STORE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TALKBO MAY REMOVE THE SKILL STORE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SKILL STORE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SKILL STORE IS AT YOUR SOLE RISK. THE SKILL STORE AND ALL PRODUCTS AND SKILL STORE DELIVERED TO YOU THROUGH THE SKILL STORE IS (EXCEPT AS EXPRESSLY STATED BY TALKBO) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL TALKBO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SKILL STORE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SKILL STORE, 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 (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKILL STORE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TALKBO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TALKBO SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SKILL STORE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TALKBO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TALKBO DOES NOT REPRESENT OR GUARANTEE THAT THE SKILL STORE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TALKBO DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SKILLS PURCHASED OR ACQUIRED FROM THE SKILL STORE.
7.13 WAIVER AND INDEMNITY
BY USING THE SKILL STORE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TALKBO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SKILL STORE, OR ANY ACTION TAKEN BY TALKBO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TALKBO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SKILL STORE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TALKBO'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
These Terms constitute the entire agreement between you and Talkbo and governs your use of the Skill Store, superseding any prior agreements between you and Talkbo. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain skills, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Talkbo's failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. Talkbo will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Skill Store is operated by Talkbo from its offices in Hong Kong. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Skill Store. All transactions on the Skill Store is governed by Massachusetts law, without giving effect to its conflict of law provisions. Your use of the Skill Store may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Talkbo or relating in any way to your use of the Skill Store resides in the courts in the Commonwealth of Massachusetts. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Massachusetts upon electronic transmission to the recipient. No Talkbo employee or agent has the authority to vary these Terms.
Talkbo may notify you with respect to the Skill Store by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Skill Store. Notices shall become effective immediately.
Talkbo reserves the right to take steps Talkbo believes are reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms. You agree that Talkbo has the right, without liability to you, to disclose any Registration Data or Account information to law enforcement authorities, government officials, or a third party, as Talkbo believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms (including but not limited to Talkbo's right to cooperate with any legal process relating to your use of the Skill Store and skills, or a third-party claim that your use of the Skill Store or skills is unlawful or infringes such third party's rights).
7.15 Statutory Exceptions for Public Institutions
If you are a qualified public educational or government institution and any part of these Terms, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If Massachusetts law is precluded, these Terms shall be construed under the laws of the state in which your public educational or government institution is located.
8. License of Skills
The software products made available through the Skill Store (the skills) are licensed, not sold, to you. There are two categories of skills, as follows: (i) those skills that have been developed, and are licensed to you, by Talkbo (“Talkbo Products”), and (ii) those skills that have been developed, and are licensed to you, by a third-party developer (“Third-Party Products”). The category of a particular skill (Talkbo Product or Third-Party Product) is identified on the Skill Store.
Your license to each skill is subject to the Licensed skill End User License Agreement set forth below, and you agree that such terms will apply unless the skill is covered by a valid end user license agreement entered into between you and the licensor of that skill (the “Skill Provider”), in which case the Skill Provider’s end user license agreement will apply to that skill. The Skill Provider reserves all rights in and to the skill not expressly granted to you.
You acknowledge that the license to each Talkbo Product that you obtain through the Skill Store, as defined below, or you associate with your Account, is a binding agreement between you and Talkbo. You acknowledge that: you are acquiring the license to each Third-Party Product from the Skill Provider; Talkbo is acting as agent for the Skill Provider in providing each such Third-Party Product to you; and Talkbo is not a party to the license between you and the Skill Provider with respect to that Third-Party Product. The Skill Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
You acknowledge and agree that Talkbo and its subsidiaries are third-party beneficiaries of the Licensed Skill End User License Agreement or the Skill Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, Talkbo will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
8.1 Important Safety Information
To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms.
Skill Maintenance and Support
Talkbo will be responsible for providing any maintenance and support services with respect to the Talkbo Products only, as specified in the Licensed Skill End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. The Skill Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed Skill End User License Agreement or the Skill Provider end user license agreement, as the case may be, or as required under applicable law.
8.3 Licensed Skill End User License Agreement
The skills made available through the Skill Store (collectively, “Skill Store Service(s)”) are licensed, not sold, to you. Your license to each skill that you obtain through the Skill Store or associate with your Account is subject to your prior acceptance of this Licensed Skill End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each skill that you license through the Skill Store Service, unless that skill is covered by a valid end user license agreement between you and the Skill Provider of that skill, in which case the terms of that separate end user license agreement will govern. Your license to any Talkbo Product under this Standard EULA or separate end user license agreement is granted by Talkbo, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Skill Provider of that Third-Party Product. Any skill that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Skill.” The Skill Provider or Talkbo as applicable (“Licensor”) reserves all rights in and to the Licensed Skill not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed Skill by Licensor is limited to a nontransferable license to use the Licensed Skill on any Talkbo-branded products (collectively, “Talkbo Robot(s)”) that you own or control and as permitted by the usage rules set forth in the Skill Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Skill on any Talkbo Robot that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Skill available over a network where it could be used by multiple robots at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Skill and, if you sell your Talkbo Robot to a third party, you must remove the Licensed Skill from the Talkbo Robot before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Skill, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Skill). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace or supplement the original Licensed Skill, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your robot, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Skill. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Skill and destroy all copies, full or partial, of the Licensed Skill.
d. External Services; Third-Party Materials. The Licensed Skill may enable access to Licensor’s or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with a Talkbo Robot, you agree to the latest Talkbo End User License Agreement, which you may access and review at Talkbo.com/legal/eula.
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Medical information displayed by any skill or External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice except as directed by a doctor. You should consult with a medical professional before relying on medical information available in a skill. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content, information and material that is owned by Licensor or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or Talkbo. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Talkbo Robots are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SKILL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SKILL AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SKILL ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SKILL AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SKILL, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED SKILL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SKILL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SKILL OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED SKILL OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SKILL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Skill except as authorized by United States law and the laws of the jurisdiction in which the Licensed Skill was obtained. In particular, but without limitation, the Licensed Skill may not be exported or re-exported (a) into any countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Skill, 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 United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Skill and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern this license and your use of the Licensed Skill. Your use of the Licensed Skill may also be subject to other local, state, national, or international laws.
9. Notice Specific to Software Available On the Site
Any software that is made available to download from the Site ("Software") is the copyrighted work of Talkbo or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from the Site, are licensed to you by the third parties that own such code, not by Talkbo.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TALKBO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, TALKBO MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE OR DOWNLOAD. TALKBO DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN TALKBO SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Site for or on behalf of Hong Kong, its agencies or instrumentalities, is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Talkbo, Inc. - See Contact information in Section 19 below.
10. Notice Specific to Documents Available on the Site
Permission to use documents (“Documents,” such as white papers, press releases, datasheets and FAQs) from the Site is granted, provided that (1) included copyright notices appear in all copies of such Documents, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited.
Documents specified above do not include the design or layout of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Talkbo website may be copied or retransmitted unless expressly permitted by Talkbo.
TALKBO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TALKBO AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TALKBO AND ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TALKBO AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
11. Notices Regarding Hardware, Software, Documents, and Services Available on or in Connection with the Site
IN NO EVENT SHALL TALKBO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF HARDWARE, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR THROUGH OR IN CONNECTION WITH THE SITE.
12. Talkbo Account, Password, and Security
Certain portions of the Services will require you to have an Account. In such case, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose Credentials. You are entirely responsible for maintaining the confidentiality of your Credentials. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Talkbo immediately of any unauthorized use of your Account or any other breach of security. Talkbo will not be liable for any loss that you may incur as a result of someone else using your Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by Talkbo or another party due to someone else using your Credentials or Account. You may not use anyone else's Account at any time without the permission of the account-holder.
13. Payment Processing
Talkbo uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing services. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement, and the applicable bank agreement. If you have questions regarding the Braintree Payment Services Agreement or the applicable bank agreement, please contact Braintree by telephone at 877.434.2894.
14. No Unlawful or Prohibited Use
You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any Talkbo server, or the network(s) connected to any Talkbo server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Talkbo server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
15. Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper, lawful, and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Promulgate or participate in surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Talkbo has no obligation to monitor the Communication Services. However, Talkbo reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Talkbo reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Talkbo reserves the right at all times to disclose any information as Talkbo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Talkbo's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Talkbo does not control or endorse the content, messages or information found in any Communication Services and, therefore, Talkbo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Talkbo spokespersons, and their views do not necessarily reflect those of Talkbo.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
16. Materials Provided to Talkbo or Posted at The Site
Talkbo does not claim ownership of the materials you provide to Talkbo (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Talkbo, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Talkbo Services and Talkbo-branded hardware), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Talkbo is under no obligation to post or use any Submission you may provide and Talkbo may remove any Submission at any time in its sole discretion. Talkbo will only use your Submissions publicly to the extent that your original Submissions were intended not to be private.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or files that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Site, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Any dispute or claim relating in any way to your use of the Site, Services, or Skill Store will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent,
Talkbo will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines that your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. Notices and Procedure for Making Claims of Copyright Infringment
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing, providing this information:
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site or in the Products;
Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner's behalf; and
A physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Talkbo's Copyright Agent for notice of claims of copyright infringement on its site can be reached as indicated below (see Contact – Section 19, below).
19. Links to Third Party Sites
LINKS IN VARIOUS LOCATIONS MAY LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TALKBO AND TALKBO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TALKBO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TALKBO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TALKBO OF SUCH SITE.