TERMS OF SERVICE

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“ABC, Talk with me!”® Terms of Service


ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY “ABC, Talk with me!” THROUGH THIS WEBSITE AND THE “ABC, Talk with me!” APP. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH “ABC, Talk with me!” AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE “ABC, Talk with me!” APP. “ABC, Talk with me!” HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE “ABC, Talk with me!” APP ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE “ABC, Talk with me!” APP INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.

THESE TERMS OF SERVICE INCLUDES “ABC, Talk with me!”’S PRIVACY POLICY LOCATED AT http://www.abctalkwithme.com/privacy-policy/ WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.

Acceptance of Terms of Service

These Terms of Service (the “Agreement” or “Terms of Service“) is a legally-binding agreement between you, either an individual or an entity (“you” or “user“), and “ABC, Talk with me!” Inc and its affiliates (““ABC, Talk with me!”“) regarding use of www.“ABC, Talk with me!”.com (the “Website“), “ABC, Talk with me!” mobile application (““ABC, Talk with me!” App“), and the Services, as defined below. “ABC, Talk with me!” makes the Website, “ABC, Talk with me!” App, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, “ABC, Talk with me!” App, and Services (collectively, the “Content“) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website, “ABC, Talk with me!” App, and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.

If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, “ABC, Talk with me!” App, or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website, “ABC, Talk with me!” App, or Services, then you should NOT use the part of the Website, “ABC, Talk with me!” App, or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future “ABC, Talk with me!” service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by “ABC, Talk with me!”, you will be subject to the guidelines and conditions applicable to such products or services.

These Terms of Service may be amended by “ABC, Talk with me!” at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.

Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.

“ABC, Talk with me!” reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. “ABC, Talk with me!” also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services

With “ABC, Talk with me!” App and Services you can place notes, voice comments or pictures to locations on the map. Placed marks can be seen by any or only chosen people, as you wish. People can interact with marks and mark authors by reading, viewing, listening to them, commenting the marks, voting for or against marks and comments and by sharing marks.

Users’ Obligations

You agree to use the Website, “ABC, Talk with me!” App, and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. “ABC, Talk with me!” IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, “ABC, Talk with me!” APP, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where “ABC, Talk with me!” is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.

Use of the Website, “ABC, Talk with me!” App, and Services

You agree not to access (or attempt to access) the “ABC, Talk with me!” App or Services by any means other than those provided by “ABC, Talk with me!” or its authorized partners. You agree not to access (or attempt to access) the “ABC, Talk with me!” App or Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, “ABC, Talk with me!” App, or Services (or the servers and networks which are connected to the Website, “ABC, Talk with me!” App, or Services).

Further, you agree:

  • not to disrupt or interfere with any other user’s enjoyment of the Website, “ABC, Talk with me!” App, or Services or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Website, “ABC, Talk with me!” App, or Services any viruses or other harmful, disruptive, or destructive files;
  • not to use or attempt to use another user’s User Account, password, or system;
  • not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
  • not to disrupt or interfere with the security of, or otherwise cause harm to the Website, “ABC, Talk with me!” App, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, “ABC, Talk with me!” App, or Services or any affiliated or linked sites.
  • not to post or transmit, intentionally or unintentionally, via the Website, “ABC, Talk with me!” App, or Services any information that violates any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • not to post or transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including, without limitation, symbols of Communism or Nazism such as a pentagram (“star”), swastika or any other insignia associated with Communist or Nazi party or any other promotion of Communist or Nazi ideology.

Interaction with Other Users

Users may have the ability to communicate with each other through the Website, “ABC, Talk with me!” App, and Services. You are solely responsible for your interactions with other users. You understand that “ABC, Talk with me!” does not inquire into the backgrounds of its users or attempt to verify its users’ statements. “ABC, Talk with me!” makes no representations or warranties as to the conduct of its users. However, users must act in accordance with the guidelines set forth in these Terms of Service.

User Account

You may sign up for a personalized account (“User Account“) with “ABC, Talk with me!” in order to access the full range of features offered by the Website, “ABC, Talk with me!” App, and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. “ABC, Talk with me!” reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.

When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by “ABC, Talk with me!”, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.

You may also access the Website, “ABC, Talk with me!” App, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize “ABC, Talk with me!” to collect your personal profile and activity information from that third party social network.
Please note that if you opt to use your social network account to login to our Website and/or “ABC, Talk with me!” App and use our Services or interact with other user of the Website, “ABC, Talk with me!” is able to access all of your data in connection with your social network account, including, without limitation your friends list, pictures you posted or those posted of you, businesses and stories you up-voted, places you visited, etc.

This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from “ABC, Talk with me!”.

Please read our Privacy Policy located at http://www.abctalkwithme.com/privacy-policy/ which describes how “ABC, Talk with me!” collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information“). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Website, “ABC, Talk with me!” App, and Services. Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder. “ABC, Talk with me!” is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by “ABC, Talk with me!”, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify “ABC, Talk with me!” immediately at support@“ABC, Talk with me!”.com .

User Content

User Account holders may upload pictures, data, information, and other material to be posted on and accessed through the Website, “ABC, Talk with me!” App, and Services (“User Content“). Certain information may be available to all users including users without User Accounts, such as information in your publicly-accessible account profile or publicly-viewable photographs you post (“Public Information“). Other information is only intended for particular users, such as personal communications between users (“Private Information“). You may also be given the option to share certain User Content to authorized third party social networks, such as a Facebook or Twitter, through your personal account in that third party social network. If you choose to share User Content through your third party social network account, you authorize “ABC, Talk with me!” to collect your personal profile and activity information from that third party social network as we set out above.

Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. You acknowledge and agree that “ABC, Talk with me!” has no liability of any kind should users or third parties access your User Content, regardless of whether such User Content includes Private Information or Public Information. Furthermore, you acknowledge and agree that User Content you submit, post, or display will viewable by other users of the Website, “ABC, Talk with me!” App, and Services and, potentially, through third party services and websites.

“ABC, Talk with me!” does not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy (http://www.abctalkwithme.com/privacy-policy/ ). “ABC, Talk with me!” also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website, “ABC, Talk with me!” App, or Services. However, “ABC, Talk with me!” reserves the right, solely upon its own discretion, to refuse, remove, or disable access to any User Content that “ABC, Talk with me!” learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. “ABC, Talk with me!”’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive “ABC, Talk with me!”’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.

“ABC, Talk with me!” does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.

Although you retain your rights to User Content you submit, post or display on or through the Website and Services, by submitting, posting or displaying User Content on or through the Website or Services you grant “ABC, Talk with me!” a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the User Content in any and all media or distribution methods. This license allows “ABC, Talk with me!” to make User Content available to third parties for publication, broadcast, or distribution, at no compensation to you. Furthermore, “ABC, Talk with me!” may modify or adapt your content as are necessary at “ABC, Talk with me!”’s sole discretion.
Content prohibited from the Website, “ABC, Talk with me!” App, and Services include, but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.

“ABC, Talk with me!” Sponsored Content

From time to time “ABC, Talk with me!” may enter into partnerships with third party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website, “ABC, Talk with me!” App, or Services (such use referred to as “Sponsored Content“). If your User Content (including your name, username, profile picture, content, photograph, or other likeness) is used on the Website or the “ABC, Talk with me!” App for purposes of Sponsored Content, “ABC, Talk with me!” will notify you of this use and provide you the option to “opt-out” of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website or “ABC, Talk with me!” App. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or other likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in “ABC, Talk with me!”’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Content in this way. If you are unsure whether your User Content has been used as part of “ABC, Talk with me!”’s Sponsored Content and would like to find out, please contact us . “ABC, Talk with me!” will need to verify your identify before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by “ABC, Talk with me!”.

Guidelines for Communicating with Users

The Website, “ABC, Talk with me!” App, and Services may allow you to communicate with other users. Discretion should be used when disclosing any information through these means, as it may be accessed by third parties. Use of any personally identifiable information, and your options regarding our use of this information, are subject to “ABC, Talk with me!”’s Privacy Policy.

“ABC, Talk with me!” reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in “ABC, Talk with me!”’s opinion:

  • may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
  • may infringe any intellectual property or other right of any entity or person;
  • may violate any applicable law or advocates illegal activity;
  • advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
  • disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Website, “ABC, Talk with me!” App, and Services;
  • includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
  • violates any policy or regulation established from time to time regarding use of this Website, “ABC, Talk with me!” App, and Services or any networks connected to this Website, “ABC, Talk with me!” App, and Services; or
  • contains links to other sites that contain the kind of content which falls within the descriptions set out above.

Technical Support

“ABC, Talk with me!” provides technical support for users. In order to receive technical support from “ABC, Talk with me!”, the user seeking such support must request such support by contacting “ABC, Talk with me!” at email . The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). “ABC, Talk with me!” will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with “ABC, Talk with me!” when seeking technical support services by providing information necessary to assist “ABC, Talk with me!” or requested by “ABC, Talk with me!” while diagnosing or resolving the issue. Although “ABC, Talk with me!” cannot guarantee that a technical support issue will be resolved, “ABC, Talk with me!” will make reasonable efforts to perform technical support services in a professional manner.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website, “ABC, Talk with me!” App, and Services by you will be subject to these Terms of Service and Privacy Policy. The security of such information is very important to “ABC, Talk with me!”.

Term and Termination

The term of these Terms of Service (“Term“) shall begin when you start using the Website, “ABC, Talk with me!” App, or Services and shall continue in perpetuity unless otherwise terminated by “ABC, Talk with me!” or you by written notice. “ABC, Talk with me!” reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of “ABC, Talk with me!”’s trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE “ABC, Talk with me!” APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.

Links to Other Sites and Third Party Materials

The Website, “ABC, Talk with me!” App, and Services may include links to other websites and/or third party products and that are not under “ABC, Talk with me!”’s control (collectively, “Third Party Materials“). “ABC, Talk with me!” shall not be responsible in any way for such Third Party Materials. “ABC, Talk with me!” provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by “ABC, Talk with me!” of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, “ABC, Talk with me!” App, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with “ABC, Talk with me!” and/or its licensors. Unless otherwise specifically provided herein or authorized by “ABC, Talk with me!” in writing, all rights in the Website, “ABC, Talk with me!” App, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, “ABC, Talk with me!” App, or Services, other than in conjunction with the Services offered by “ABC, Talk with me!” through the Websites and “ABC, Talk with me!” App.

“ABC, Talk with me!” hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website, “ABC, Talk with me!” App and Services are the properties of their respective owners. “ABC, Talk with me!” disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” “ABC, Talk with me!” HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, “ABC, Talk with me!” APP, SERVICES OR THE CONTENT. “ABC, Talk with me!” DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE “ABC, Talk with me!” APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. “ABC, Talk with me!” DOES NOT WARRANT THAT THE “ABC, Talk with me!” APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY “ABC, Talk with me!” ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by “ABC, Talk with me!” in writing, contractors, agents, dealers or distributors of “ABC, Talk with me!” or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITE, “ABC, Talk with me!” APP, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR “ABC, Talk with me!” APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. “ABC, Talk with me!” ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR “ABC, Talk with me!” APP OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE OR “ABC, Talk with me!” APP. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “ABC, Talk with me!” OR FROM THE WEBSITE OR “ABC, Talk with me!” APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

The Website, “ABC, Talk with me!” App, and Services may contain references to specific “ABC, Talk with me!” products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website, “ABC, Talk with me!” App, and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, “ABC, Talk with me!” App, and Services at your own risk.

IN NO EVENT SHALL “ABC, Talk with me!” OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, “ABC, Talk with me!” APP, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, “ABC, Talk with me!” APP, OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR “ABC, Talk with me!” APP THAT ARE DELAYED OR INTERRUPTED, EVEN IF “ABC, Talk with me!” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST “ABC, Talk with me!” PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO “ABC, Talk with me!” IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO “ABC, Talk with me!” IN CONNECTION WITH THE WEBSITE, “ABC, Talk with me!” APP, AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH “ABC, Talk with me!”; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND “ABC, Talk with me!” APP AND THAT IS NOT PROVIDED BY “ABC, Talk with me!” DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all items sent, received, downloaded, or purchased from the Website, “ABC, Talk with me!” App and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods, and also to Russian Federation; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Website, “ABC, Talk with me!” App and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Notice and Procedure for Making Claims of Copyright Infringement

It is “ABC, Talk with me!” policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide “ABC, Talk with me!” Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying “ABC, Talk with me!” and its affiliates that your copyrighted material has been infringed.)

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • 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 in the Website, “ABC, Talk with me!” App or Services;
  • 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.

“ABC, Talk with me!”’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Name: “ABC, Talk with me!” Inc. (attn. Eugene Mayevski)

Address: 901 N. Pitt St Suite 320, Alexandria, VA 22314, USA

E-mail: management@“ABC, Talk with me!”.com

Unlawful or Prohibited Use

You may not use the Website, “ABC, Talk with me!” App, or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, “ABC, Talk with me!” App, or Services. You may not use the Website, “ABC, Talk with me!” App, or Services in any manner that could damage, disable, overburden, or impair the Website, “ABC, Talk with me!” App, or Services, or that interferes with any third party’s use and enjoyment of the Website, “ABC, Talk with me!” App, or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, “ABC, Talk with me!” App, or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by “ABC, Talk with me!” to all users of the Website, “ABC, Talk with me!” App, or Services. You shall not institute, assist, or become involved in an attack upon any “ABC, Talk with me!” server or otherwise attempt to disrupt the “ABC, Talk with me!” servers. ANY ATTEMPT BY YOU TO DAMAGE “ABC, Talk with me!”’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF “ABC, Talk with me!” IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, “ABC, Talk with me!” RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless “ABC, Talk with me!”, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy

“ABC, Talk with me!” respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.

Linking to this Website

Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that “ABC, Talk with me!” endorses or sponsors the linker or its website, products or services. You must not use “ABC, Talk with me!”’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from “ABC, Talk with me!”. Furthermore, you agree to remove the link at any time upon “ABC, Talk with me!”’s request.

Ending Your Relationship with “ABC, Talk with me!”

These Terms of Service will continue to apply until terminated by either you or “ABC, Talk with me!” as set out above. If you want to terminate this legal agreement with “ABC, Talk with me!” (i.e. these Terms of Service), you may do so by notifying “ABC, Talk with me!” at any time in writing at http://www.abctalkwithme.com/privacy-policy/ . “ABC, Talk with me!” reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to “ABC, Talk with me!” whatsoever.

You are solely responsible for cancelling your User Account, which you may do by contacting “ABC, Talk with me!” at http://www.abctalkwithme.com/privacy-policy/ .

Assignment

“ABC, Talk with me!” may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without “ABC, Talk with me!”’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website, “ABC, Talk with me!” App, and Services are not available for any period or any time, “ABC, Talk with me!” shall not be liable. “ABC, Talk with me!” gives no warranties as to the accessibility, performance, or availability of the Website, “ABC, Talk with me!” App, or Services. Temporary suspension of access to the Website, “ABC, Talk with me!” App, and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. “ABC, Talk with me!” reserves the right to suspend the operation of the Website, “ABC, Talk with me!” App, or Services. You agree that neither “ABC, Talk with me!” nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products of this Website, “ABC, Talk with me!” App, or Services.

Force Majeure

“ABC, Talk with me!” will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of “ABC, Talk with me!”.

Agreement to Deal Electronically

All transactions with or through the Website, “ABC, Talk with me!” App, or Services may, at “ABC, Talk with me!”’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, “ABC, Talk with me!” App, or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Service may cause “ABC, Talk with me!” immediate and irreparable harm and damages. As a result, “ABC, Talk with me!” has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to “ABC, Talk with me!” in law or in equity, “ABC, Talk with me!” may seek specific performance of any term in these Terms of Service.

Severability

These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

“ABC, Talk with me!” does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website, “ABC, Talk with me!” App or Services breaches national law of any country. Those who access the Website, “ABC, Talk with me!” App, or Services do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at email . Please also read our Privacy Policy at http://www.abctalkwithme.com/privacy-policy/ .

Copyright ©2015 Learnpeaks Inc. All rights reserved. The Website, “ABC, Talk with me!” App, and Services and accompanying products and documentation are the copyrighted property of “ABC, Talk with me!” and/or its licensors and protected by copyright laws and international intellectual property treaties. “ABC, Talk with me!”™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of “ABC, Talk with me!”. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the “ABC, Talk with me!” or third party trademarks or logos without the prior written consent of “ABC, Talk with me!” or the applicable trademark owner is strictly prohibited.

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