Terms & Conditions
read our End User License Agreement/Warranty
1. Acceptance of Terms
apply to the Talkbo website located at www.Talkbo.com, and all associated
sites linked to www.Talkbo.com by Talkbo, its subsidiaries and affiliates
(collectively, the “Site”). The Site is the property of Talkbo, Inc. (“Talkbo”)
and its licensors. These Terms also apply to various services (the “Services”)
made available through or in connection with the Site, including, without
limitation, the Skill Store.
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
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
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
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
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
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
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
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.
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
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.
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
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
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
7.13 WAIVER AND
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).
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
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
8.1 Important Safety
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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.