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Terms of Service

Scope and Definitions

These terms of service ("Terms") are between TalkSpar ("TalkSpar") and You, regarding Your use of the social platform talkspar.com, its associated image host sppeech, and any other talkspar.com services or test servers which may exist now or in the future (collectively "talkspar.com").

Content on this page displayed in blockquotes is provided for convenience and readability only. Blockquote text is not part of the terms of service.

Conduct and content

You agree to follow the Content Policy here. The Content Policy is incorporated into these Terms by this reference.

Age

You warrant that You are at least 13 years old. You warrant that You are at least 18 years old, if You indicate as such in Your user settings.

Account Access

Your talkspar.com account is nontransferable. You will not buy, sell, gift, loan, or otherwise grant a third party access to Your talkspar.com account. You will not provide a third party with Your talkspar.com password or two-factor authentication codes.

In the event that Your talkspar.com account is accessed by a third party anyways, You remain accountable for all actions taken by Your account.

Liability

TalkSpar shall not be liable for Your damages arising from any of the following:

  • Use of the talkspar.com platform
  • Technical failure of talkspar.com
  • Administrative actions performed by TalkSpar, including both automatic and manual actions
  • Unauthorized access of a third party to Your talkspar.com account
  • Loss or breach of talkspar.com data
  • Force majeur

You accept full liability for all content You upload to, or embed within, talkspar.com, and indemnify TalkSpar from all such liability.

You are responsible for everything You do, and everything that happens with, with Your talkspar.com account. Don't use talkspar.com to store important data or sensitive data.

Intellectual Property

You grant TalkSpar a permanent, worldwide, and irrevocable license to store, modify, copy, and distribute all content that You submit to or upload to TalkSpar, including any creative works. Additionally, You grant TalkSpar a permanent, worldwide, and irrevocable license to sublicense these same rights to TalkSpar's service providers. Additionally, You warrant that You are authorized to grant TalkSpar these rights.

You retain all other intellectual property rights, including ownership.

We need to be able to store, copy, and distribute Your content, because that's just how websites like talkspar.com work. We also need to be able to modify it for security and formatting purposes.

Acceptable Use

You will not use talkspar.com as a means to support any other website or service without written permission by TalkSpar.

You will not attempt to gain access to a TalkSpar account that does not belong to You.

You will not use talkspar.com to engage in child sexual abuse activities, as defined in the CSAM Policy. The CSAM Policy is incorporated into these terms by this reference.

API Terms

You will not use "/api/v2/" endpoints ("TalkSpar API") without valid API keys and authorization tokens.

You will use a unique, descriptive User Agent string when accessing the TalkSpar API.

You will honor TalkSpar API rate limits.

Guildmaster Terms

TalkSpar provides You with the ability to create, manage, and moderate communities ("Guilds") that are hosted as part of the larger talkspar.com platform. As a moderator ("Guildmaster") of a Guild, You will not:

  • Accept payment, gifts, or other compensation in exchange for performing Guildmaster actions. You may execute Guildmaster actions as part of employment duties, (for example, as a social media representative for Your employer), but that fact must be plainly disclosed in the description of Your Guild.
  • Penalize users for content or conduct outside of Your Guild
  • Require integration with any third-party platform or service as a prerequisite for user participation in the Guild.
  • Deliberately miscategorize Your Guild.

Multiple Accounts

You are permitted to create and use multiple talkspar.com accounts.

You will not use multiple accounts to circumvent per-user limits. Examples of such limits include, but are not limited to:

  • Maximum one upvote or downvote per post or comment
  • Maximum 10 Guilds moderated at one time
  • Maximum 2 Guilds created per rolling day
  • Maximum 1 Guild siege attempt per rolling week
  • Interaction restrictions due to Guild exiles or user blocks

Additionally, these terms apply to all of Your accounts, which may exist now or in the future. TalkSpar reserves the right to take administrative action against all of Your accounts in the event of a terms of service violation on any of Your accounts.

Your Privacy

TalkSpar will never intentionally share Your personal information with third parties, except:

  • As required by United States law.
  • We will share Your data with our own service providers that are necessary for talkspar.com operations.
  • At our discretion, TalkSpar may share Your information with United States law enforcement in the event of an emergency, if we have good cause to believe that doing so would avert or mitigate the emergency.

TalkSpar will make all reasonable efforts to ensure that user information is kept confidential.

Legal Forms

TalkSpar grants You the ability to use Your talkspar.com account to send us certain types of legal forms through our help portal. These include, but are not limited to:

  • DMCA takedown request
  • DMCA takedown counter-request
  • Subpoenas and court orders

You acknowledge that these forms are provided for the sake of convenience and speed, and that TalkSpar does not waive any of its rights regarding legal process, including the right to object for lack of proper service.

You agree to refrain from making abusive, frivolous, or otherwise improper submissions to these forms. This includes, but is not limited to:

  • Nonsensical or incomplete requests
  • Duplicate submissions
  • DMCA takedown requests not made in good faith
  • DMCA takedown requests for content protected by Fair Use
  • DMCA takedown requests for content that you are not authorized to claim.
  • Legal demands not based in fact and/or not backed by appropriate law.
  • Legal documents from courts or law enforcement that lack jurisdiction inside the United States
  • Legal documents that are not in English and are not accompanied by an official English translation.

Payments

TalkSpar offers users the ability to purchase Premium Coins ("Coins"), a token currency that may be consumed for premium membership status, spent for other on-site benefits, or gifted to other users. Coins have no cash value and are non-refundable.

If Your account balance becomes negative, TalkSpar reserves the right to place administrative restrictions upon Your account and other accounts You own, until the negative balance is cleared.

You are responsible for all fees, penalties, or other expenses that TalkSpar may incur due to chargebacks, reversed transactions, or refunds associated with Your account.

Enforcement

TalkSpar retains sole discretion in all determinations regarding content policy and terms of service violations.

TalkSpar reserves the rights to:

  • Remove content that we deem to violate content policy or the terms of service, in our sole discretion, and
  • Temporarily or permanently suspend accounts responsible for such violations, with or without warning.

Severability

If one clause of these Terms or the Content Policy is determined by a court to be unenforceable, the remainder of the Terms and Content Policy shall remain in force.

No Implied Waiver

A failure by TalkSpar in one or more instances to insist upon Your strict adherence to these terms or the Content Policy, shall not be construed as a waiver of any continuing or subsequent violations of these terms or the Content Policy.

Completeness

These Terms, together with the other policies incorporated into them by reference, contain all the terms and conditions agreed upon by You and TalkSpar regarding Your use of the talkspar.com service. No other agreement, oral or otherwise, will be deemed to exist or to bind either of the parties to this Agreement.

Governing Law

These terms of service are governed by, and shall be interpreted in accordance with, the laws of the state of New Hampshire. You consent to the sole jurisdiction of Hillsborough County, New Hampshire for all disputes between You and TalkSpar, and You consent to the sole application of New Hampshire state law and United States federal law for all such disputes.

Updates

TalkSpar may periodically update these terms of service and/or the Content Policy. When this happens, TalkSpar will make reasonable efforts to notify You of such changes.

Whenever TalkSpar updates these terms of service or the Content Policy, Your continued use of the talkspar.com platform constitutes Your agreement to the updated terms of service.