Terms of use - Talk121

Talk121^{^®}
Terms-of-Service Agreement

Last Updated: January 28, 2020

This terms-of-service agreement is entered into between you and TeleMainia, LLC dba Talk121^{^®}. The following agreement, together with any documents it expressly incorporates by reference (collectively, this “agreement”), governs your access to and use of the Talk121^{^®} phone chat line service (the “Service”). This agreement between you and us explains your legal rights and duties and governs your use of the Service. Please read this agreement carefully before using the Service because it creates a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) use of prerecorded messages (section 7.2); (2) disclaimer of warranties and limitation of liability (section 13); (3) exclusive forum for resolving disputes (section 17); (5) mandatory arbitration (section 18.2); and (6) waiver of class action rights (section 18.7). Using the Service or purchasing minutes forms your acceptance of this agreement even if you do not read it. If you do not agree to this agreement, you cannot use the Service.

Warning: The Service contains adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may use the Service. We prohibit all persons who do not meet these age requirements from using the Service.

We drafted this agreement in a relaxed question and answer format for the most part. We did this for your convenience, not ours. By drafting this agreement in question and answer format, we do not imply or suggest that it does not form a binding agreement between you and us. This agreement is just as binding as if we drafted it in a stuffy legal format.

Summary of Agreement. You should read this agreement in full because they apply every time you visit the Website or use the services. But just in case you ever need a reminder of the salient points, here’s a brief summary:
1. If you are under 18-years old or the age of majority where you live, then you can’t use the Service yet because it’s for adults only.
2. We’re not responsible for anything that you say while using the Service and we don’t monitor the content of the Service, but if we do hear or someone tells us that you have said something that we think is inappropriate then we may remove it.
3. We do not conduct criminal background screening of users of the Service (including paid actors).
4. Some of the users of the Service are paid actors.
5. We use prerecorded messages to stimulate interaction and conversations among users. So not all communications you receive are specifically directed to you.
6. All disputes are subject to mandatory online arbitration unless the dispute is to collect a debt you owe us or meets all of the requirements for the small claims court in your state. If your state does not have a small claims court, the dispute is subject to mandatory online arbitration.
7. If you are concerned about how Talk121^{^®} uses your data, please refer to our privacy policy. It will tell you all you need to know (and if it does not, we’re happy to answer your questions).
8. We may change this agreement from time to time, but changes will not apply retroactively.
Adult Entertainment
1. Talk121^{^®} offers adult-oriented phone chat services for entertainment purposes only. You may use the Service as a forum to meet new people or as a place to have discussions of a sexual nature. You understand you may encounter content during your use of the Service that you may find offensive, indecent, or objectionable, including explicit or suggestive language. If you are seeking obscenity or child pornography, you must not use the Service.
2. We do not intend anyone under 18-years old or the age of majority in their community to use the Service. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may use the Service. If you are not the age of majority in your jurisdiction, you must not use the Service.
3. By using the Service or purchasing minutes, you certify to us that:
  1. You have reached the age of majority where you live and that you have the legal capacity to agree to this agreement;
  2. You own (or have permission to use) any credit card you use to buy minutes with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the package you chose;
  3. You understand that some or all of the materials on the Service may be erotic in nature, and that they may contain graphic audio descriptions of sexual activity;
  4. You are aware of the pornographic nature of the content available through the Service and that you are not offended by content of this nature;
  5. You are familiar with your jurisdiction’s laws affecting your right to access pornographic materials;
  6. Your use of the Service is not prohibited or restricted by your jurisdiction;
  7. You have followed and will continue to follow the laws and regulations of the jurisdiction from which you access the Service;
  8. You access the Service voluntarily and for your own personal enjoyment;
  9. You have never been convicted of a felony and that you are not required to register as a sex offender with any jurisdiction;
  10. All information that you give when you register is accurate and truthful and that you will promptly update any information that you give that later becomes inaccurate, misleading, or false; and
  11. You will not share the Service with a minor or otherwise make it available to a minor.
Use of the Service and Rules relating to Conduct
1. Who can use the Service? You may only use Talk121^{^®} if you are 18-years old or older and the age of majority where you live and have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.
2. What kind of things can (or can’t) I do on Talk121^{^®}? You can use the Service to make new friends and explore your sexual fantasies with other likeminded persons. There are some rules about what is acceptable though, so when you are using the Service you will not do or say anything that:
  1. Is considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
  2. Is obscene or otherwise may offend human dignity (for example, child pornography or discussions of pedophilia (including age play);
  3. Is abusive, insulting, threatening, or promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or person;
  4. Requests money from, or is intended to otherwise defraud, other users of the service;
  5. Encourages any illegal activity including terrorism, inciting racial hatred, soliciting prostitution, or which in itself amounts to committing a criminal offense;
  6. Is defamatory, libelous, or otherwise promotes information that is false or misleading, or otherwise objectionable;
  7. Relates to commercial activities (including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers);
  8. Involves the transmission of “junk mail,” “chain letters,” or “spam” (or “spimming,” “phishing,” “trolling,” or similar activities);
  9. Exploits people in a sexual, violent, or other illegal way, or solicits personal information from anyone under 18-years old;
  10. Provides instructional information about illegal activities like making or buying illegal weapons or drugs; violating someone’s privacy; or providing, distributing, or creating computer viruses;
  11. Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person (including an entity);
  12. Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (like inside, proprietary, or confidential information);
  13. Disrupts the normal flow of dialogue or otherwise negatively affects other users’ ability to engage in real time exchanges;
  14. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or distributes another person’s personal information without his or her permission;
  15. Solicits users for third-party services, including soliciting memberships for other or similar services;
  16. Offers money or other consideration in exchange for sex; or
  17. Itself infringes another person’s rights (including intellectual property rights and rights of privacy and publicity).

Please use your common sense when using the Service because you are solely responsible for, and bear all liability for, your conduct. We may investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending any violators.

1. Are there any rules for personal information like my email address? You may not disclose any personal contact or banking information in your greeting whether about you or any other person (for example, names, home addresses, zip codes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. You understand that any person using the Service may have access to what you record. You understand that we are not responsible for, and cannot control, the use by others of any information you provide to others through the Service. We encourage you to use the same caution in disclosing details about yourself on the phone as you would under any other circumstances.
2. What about other people’s personal information, can I use it? No. The Service is for personal use only. You may only use other users’ personal information to the extent that your use of it matches Talk121^{^®}’s purpose of allowing people to talk to one another. You will not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We may terminate your access if you misuse other users’ information.
3. Some of my friends want to see all the people I’m chatting with. Can I tell them my username and password and let them log in as me? The short answer is no. Only you may access your account with Talk121^{^®}. You must not share your username and password with anyone or let anyone else access your account because this jeopardizes the security of all the content and personal information that you have put on the Service. You are responsible for keeping your username and password secret and secure. If you don’t, Talk121^{^®} is not liable for any unauthorized access to your account, and you are solely responsible for all activities that happen under your username and password. If you suspect that someone has gained access to your account, you must let us know immediately by contacting us at service@talk121.com and telling us of your suspicions or concerns. You must also immediately change your password. We may terminate your account if you violate our rules on keeping your password secure.
4. Who can see the content that I put on the Service? When you put content on the Service, the public can access and view that content. If you do not want others to view your content, then you should not put it on the Service. We may remove, edit, limit, or block access to any content that you put on the Service without liability to you. We have no duty to display any content that you send to the Service, to check the accuracy or truthfulness of any content sent to the Service, or to monitor your use or the use of other users of the Service. You understand that while we prohibit audio recordings of other users under this agreement, some users may violate these restrictions and make recordings of you or any information that you may provide, and you release Talk121^{^®} from all liability for the use of any recordings by other persons.
Interaction with other users and the Service
1. Do you restrict the number of messages I can send in a 24-hour period? No, we do not impose any restrictions on the number of messages you can send in a 24-hour period. But we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
2. Do you conduct criminal background checks on users? No, we do not conduct criminal background checks on users (including paid actors). You are solely responsible for your interactions with other users of the Service. You understand that we do not in any way: (1) screen or interview our users (including paid actors); (2) investigate the background of our users (including conducting criminal background checks); or (3) try to verify the accuracy or statements made by users. We make no statements about the conduct of users or those acting on their behalf. You will take reasonable precautions in all communications or interactions with other users of the Service. You should not divulge personal or financial information to strangers. Remember, because of the anonymous nature of telephone communications, users may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated.
3. Does Talk121^{^®} monitor the Service? We do not prescreen or preemptively monitor the content on the Service. We do not and cannot monitor everything that takes place on the Service, and we rely on you to bring any transgressions to our attention. We assume no responsibility for monitoring the Service for inappropriate content or conduct. But we may monitor phone chat communications, greetings, and messages on one or more occasions to make sure that they comply with this agreement. In addition, you understand that we may record any content in a user’s greeting or message associated with a user’s use of the Service. If we choose to monitor the Service, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the users submitting that content. We may delete any content that we believe violates this agreement or may be otherwise offensive or illegal. We may also delete any content that harms or threatens the safety of any person or that otherwise violates another person’s rights. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in violation of this agreement.
4. Can I hold you responsible for the conduct of another user? We are not responsible for the conduct of any user. We have no liability, directly or indirectly, to you for any losses or damages arising out of the conduct of you or anyone else in using the Service. We also have no liability to you for any losses or damages resulting from communications with other users or persons you meet through the Service.
5. What if I have a dispute with another user? Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). If you have a dispute with one or more users, you hereby release Talk121^{^®} from all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of disputes of this nature.
6. What type of activities does Talk121^{^®} prohibit so I do not accidentally cross the line? We may investigate or terminate your access if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that happen outside of the Service but involve users you meet through the Service. Section 3.4 contains a partial list of the type of actions that you must not engage in when using the Service.
Ownership of content
1. Once I have put content on the Service, do I still own it? Yes, if you are the rightful owner in the first place. By posting content on the Service, you certify to us that you have the right to do so and that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any other person). Further, you hereby grant Talk121^{^®} a worldwide, nonexclusive, royalty-free, sublicensable, transferable, and perpetual license to use, copy, reproduce, distribute, adapt, translate, change, prepare derivative works of, display, and perform your content (including your name, voice, and likeness, and persona) in any way we see fit, including for promoting and redistributing any part of the Service—and derivative works of it—in any media formats and through any media channels. You further waive all moral rights in your content that may be available to you in your jurisdiction (including the right to be identified as the author) and you state that no moral rights have been asserted. We may assign or sublicense this license to our affiliates and successors without approval by you. We may disclose your identity to any person claiming that any content posted or uploaded by you to the service violates their intellectual property rights, their right to privacy, or any other law.
2. Whom does the rest of the content on the Service belong to then? We own or have the license to use all audio, user interfaces, trademarks, logos, sounds, music, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on the Service. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Service and its content. We hereby grant you a limited, nonexclusive, nontransferable license to access the Service according to this agreement. By “access,” we use the Service and listen to its content. By “content,” we mean any materials, including audio, communications, sounds, streams, greetings, software, data, or other information. You must comply with all applicable laws when accessing the Service. You may only access the Service for your personal, noncommercial use. You must not use any content that you access on the Service for further distribution, performance, display, sale, or rental. We may change, limit, or cancel your access if you fail to comply with this agreement.
3. May I use any of the content that doesn’t belong to me? No. Other than content you put on the Service, you do not have any rights in the content on the Service and you must not use any content in any way that may infringe any person’s rights. This means that you must not copy, change, adapt, distribute, publish, or sell any part of the Service to anyone else. In addition, you will not remove, obscure, or otherwise change any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
Paid Services
1. Do I have to pay to use the Service? Our phone chat service is always free for females, but males must pay for the phone chat service. We offer packages of minutes that you must buy to use live phone chat. Phone-chat service pricing is determined by the package of minutes you select. You can hear our current phone chat packages when you call the phone chat line. Our customer service representatives can also give more information about the fees and charges. We may change the fees and charges in effect for using the Service, or add new fees or charges at any time. If you want access to the “SMS chat” feature (if available), you must buy one of our various SMS packages, which is not included in the phone chat package. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. You are also responsible for any fees or charges you incur to access the Service, including telephone charges, long distance charges, and mobile phone charges (including messaging and data charges). We may offer free minutes or access to any person. We may cancel the free trial period at any time.
2. Do you offer a free trial? Yes, we offer a free trial to all first-time callers. All first-time calls receive a block of minutes (e.g., ten minutes) that allows them to send messages to women and to respond to messages from women. Free trial users do not have access to live one-on-one chat and must not use the local chat line numbers. If you want to use the live chat feature, you must buy minutes.
3. Do my minutes run as soon as I call into a chat line? Your minutes start to run once you perform any action that is a paid service (i.e., live chat, sending messages, replying to messages). For example, if you buy 30 minutes, you could theoretically stay on the chat line for hours or days listening to greetings and messages and not lose any of your minutes. But the second you try to reply to a message, begin a message, or send a live chat connection request or respond to one, your minutes begin to run for the remainder of the call, no matter what you are doing. When you call in again, the same scenario starts all over again, where your minutes only begin to run once you take any “paid action.”
4. How do I renew my minute package? All purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges or use other deceptive billing practices. If you run out of minutes, you are given the option to go to the order area where you can reorder the same package as before or can listen to other packages and choose a different one. Again, you are never auto billed, and you must manually press a key on your phone while placing your order. Once you make your order selection, your order information is played back to you and you must again press a key to confirm your order. We will bill you using the billing method you selected when you made your original purchase. You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must make sure that all your credit or debit card information is current and accurate.
5. What happens if I am talking with someone and my minute package runs out? Once your minute package runs out, you hear a prompt telling you “you are out of minutes.” The prompt will go on to tell you that you can press “one” to order more time or you can press “two” to continue on in the system. If you press “two,” then you’ll return to the main menu area (greetings area) where you’ll hear greetings of women who are on the line (some of these may be greetings from women who were on the line at another time) and you’ll hear messages sent to you as well. But without minutes in your account, you won’t be able to send messages, respond to messages, or connect in live chat.
6. How do I change or update my payment method? You can change or update your payment method by calling the customer service department and asking a customer service representative to change or update your payment method. You must give accurate information for your billing account. If we allow you to store your billing information with us, you will promptly update all information to keep your billing account accurate (like a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (like an unauthorized disclosure or use of your name or password). If you fail to give us any of this information, we will hold you responsible for the fees accrued under your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as given by your credit or debit card issuer.
7. What do I do if I disagree with charges made to my account? If you disagree with any charges made to your account, please contact us to resolve the dispute before contacting your credit card company. You may contact us by either email or telephone. If you contact us by email, please state your reasons for your dispute and identify the disputed charge. This will allow us to accurately and promptly assess your complaint and, where justified, credit your credit card with the disputed amount in a timely manner to avoid any further inconvenience to you.

We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We waive any error in your favor that we do not correct within three months of the bill where the error first appeared. You waive any error in our favor unless you give us notice of the error within three months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within three months after you receive the bill in which the error first appeared.

1. What is your refund policy? All sales and transactions are final, and we do not guarantee the availability of a refund, whether in minutes or money, for any reason. We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the service not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things like other complaints received or other customer comments. We do not guarantee satisfaction and we will not consider dissatisfaction with the service or simply buyer’s remorse as grounds for a refund. We do not give cash refunds; we refund the requested transaction back to you in the form of a credit to the credit card that you used for your purchase unless we give you a credit in the form of minutes. To ask for a refund, you must contact our customer service department through our “Contact Us” page. If you start a chargeback or otherwise reverse a payment made by you using your chosen payment method, we may terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you do not have a right to a refund or to have your account reinstated. If your financial institution returns or denies your payment transaction, you will pay us a service charge of $40 USD or the maximum allowed by law. If we do not receive payment, we may refer your payment transaction to an outside collection agency or an attorney and you will repay us for all costs, damages, and fees that we incur in resolving any debt created by this transaction.
2. May I transfer any of my minutes to another user? Minutes have no cash value and are for entertainment purposes only. If you buy a minute package from us, you may only use these minutes for yourself and you cannot transfer (free or as a sale) to or buy from other users or other persons. Talk121^{^®} may refuse to honor any minutes where you have tried to transfer those minutes to another user or other person or have tried to buy those minutes from another user or other person. Talk121^{^®} will only provide services to you if you bought minutes directly from an affiliate or us. Unused minutes are forfeited if you or we terminate or suspend your account for any reason.
Entertainment & Fantasy Service
1. Will I really meet people using the Service? Talk121^{^®} is an entertainment and fantasy phone chat line and not a dating service. We provide the Service for the entertainment and fantasy of our users. We do not guarantee that any given person is available or interested in communicating with you or anyone else. Nor do we guarantee that the people that you talk to on a local chat line number will necessarily live near you (we do not restrict local chat line use to users in the local chat number area code) or that you will find local callers when you call the chat line. You understand that the information, text, and pictures contained on the Service or any website do not pertain to any actual person, but are included for entertainment and fantasy purposes only.

We do not recommend or condone any form of user interaction outside of the Service. We prohibit use of the Service to arrange face-to-face meetings to engage in illegal activity and may subject your account to termination. If you choose to interact with any user outside of the Service, you do this at your own risk, and we have no liability to you for any consequences of any choice to interact outside of the Service.

1. Does Talk121^{^®} send prerecorded messages? Yes, we do. We send prerecorded messages to stimulate conversation with users and to encourage further and broader participation in all of our services. A certain percentage of greetings and messages you receive will be from women who are not on the chat line at the time or who directed the communication to another user. Again, we do this because this is a fantasy and entertainment service, and we want you to enjoy your time on the Service and not feel left out.
2. Does Talk121^{^®} use paid actors? Yes, we do. While we would love not to have to use paid actors, the reality is that some people need an incentive to participate on Talk121^{^®}. Thus, some of the people that you interact with will be paid actors.
Access to the Service
1. Do you guarantee that the Service will be up and running at all times? Unfortunately, we can’t guarantee that because sometimes we have to carry out maintenance to the Service or it may be affected by a fault or circumstances that are outside our control. We may suspend, withdraw, amend, change, or vary the Service. In addition, to protect the integrity of the Service, we may block users from certain IP addresses and telephone numbers from accessing the Service.
2. What about mobile access? At this time, we do not offer mobile access. We may add mobile access, features, or services in the future. If we do, we will update this section. By accessing the Service or agreeing to receive messages or notices from the Service through your mobile phone or any other connected media device (including a tablet), you accept that you may incur charges from your Internet or mobile service provider. We will not be liable for those charges. If you do not want to receive text messages from us, you may press “five” to decline to receive text messages when prompted by the system when you call in or reply with “Stop” after receiving any text message from us.
3. I’m not registered, and I can’t seem to access some content on the Service. Why is that? If you have not bought a minute package from us and you have used up your free trial, then you can only call the chat line and listen to female greetings and messages sent to you by females. You cannot send a message, reply to a message, or chat live with a female. If you want to do this, you must by a minute package.
Communications and Test Greetings. When you become a user, you consent to receiving email messages from us. These email messages may be transactional or relationship communications relating to the services, like administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us. Please see our privacy policy for more information about these communications and how you can limit them. On one or more occasions, our employees (or employees of our parent or affiliated companies) may create test-greetings to test the functionality of our services and processes to improve service quality for our users. We may record telephone calls between you and our customer care representatives for quality assurance purposes.
Termination
1. Termination of use by us: I cannot access the service, what’s going on? Sometimes people forget about this agreement and record content or act in a way while on Talk121^{^®} that is not consistent with the purpose of the Service. If we think that you may be one of those people, then we may:
  1. Suspend or terminate your account and your right to access or use the Service; and
  2. Make use of any operational, technological, legal, or other means available to enforce this agreement (including blocking specific IP addresses and telephone numbers).

We will try to notify you if we have or will suspend or terminate your access to the Service.

1. Termination of use by you: They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Talk121^{^®}? Since all purchases are one-time purchases, there is never a need to cancel your account; we will not charge you again unless you make another one-time purchase. Because you record a new greeting every time you use the Service and that greeting is removed automatically when you hang up, there is nothing to remove. Of course, the possibility exists that our system may have recorded your greeting, and if you want to make sure that we do not use your greeting in the future, you can call us at (877) 771-4255 or email us at service@talk121.com, and we will try to delete it for you. Please understand that if you choose to stop using the Service before your package expires, we cannot refund you for your unused minutes.
Someone is not obeying this agreement, whom do I tell? Please report any abuse or complaint about content on Talk121^{^®} to us by calling us at (877) 771-4255 or by sending us an email outlining the abuse or complaint at service@talk121.com. On the phone chat line, you can block a caller from contacting you again by pressing “six” after receiving a message or listening to a greeting.
Do you have guidelines in place about what you can do with my personal data? We process information according to our privacy policy, which we incorporate into this agreement. Please read our privacy policy before using the Service. By using the Service, you acknowledge that phone and Internet transmissions are never completely private or secure. You understand that others may intercept or record any message or information you send over the Service. We may use software that automatically tracks performance and usage information to evaluate the Service. This software will not personally identify you.
Disclaimer of warranties and limitation of liability
1. I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out? No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any responsibility for your conduct or the conduct of any other user of the Service (including any interactions between users), whether online or offline, and expressly disclaim any liability for content uploaded by you or by any other user.
2. My friend is a lawyer and says that you can’t eliminate liability for everything… Nothing in this agreement limits or eliminates our liability for (a) death or personal injury caused by our proven gross negligence or willful and wanton misconduct or (b) any liability that cannot be limited or excluded by law.
3. Okay, so what liability do you eliminate (or what can’t I sue you for)?
  1. You acknowledge that the Service includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in those materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing those materials. Those materials do not reflect our opinion. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you or any third party for the content or accuracy of any materials provided by any third parties.
  2. Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. We provide the Service, its content, and any services or items obtained through the Service “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. We are not making any warranty (1) that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Service or the system that makes it available are free of viruses or other harmful components; or (4) that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations. Nor do we make any warranty about any content submitted by any user, any third party’s use of the content that you submit, or that we will make available or store on the Service any content you submit.
  3. We are not making any warranty—whether express, implied, statutory, or otherwise—including any warranty of merchantability, title, noninfringement, privacy, security, or fitness for a particular purpose.
  4. We will not be liable to you for any of the following:
    1. Errors, mistakes, or inaccuracies of content;
    2. Personal injury or property damage of any nature resulting from your access to or use of the Service;
    3. Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
    4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
    5. Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Service by any person or that may infect your computer or affect your access to or use of the Service, your other services, hardware, or software;
    6. Interruption or cessation of transmission to or from the Service;
    7. Delays or failures you may experience in beginning, conducting, or completing any transmissions to or transactions with the Service;
    8. Incompatibility between the Service and your other services, hardware, or software; or
    9. Loss or damage of any kind incurred because of the use of any content made available through the Service.
  5. Unless caused by our gross negligence or our intentional misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of your access or your inability to access the Service or the content.
  6. We also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Service or the content.
  7. The limitations and exclusions in sections 13.3(E) and 13.3(F) apply regardless of theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
  8. If you are dissatisfied with the Service or have any other complaint, your exclusive remedy is to stop using the Service. Our maximum liability to you for any claim will not exceed $250.
  9. Waiver of Section 1542. If you reside in California, with respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. You hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar effect.
  10. The above disclaimers, exclusions, and limits apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
I forgot the rules about conduct on here and now someone is threatening to sue you. What now?
1. In General. You must pay us for any loss of ours that is caused by your (a) access of or conduct on the Service; (b) conduct off the Service; (c) breach of this agreement; (d) infringement or violation of rights of another person, including intellectual property, publicity, and privacy rights; (e) violation of applicable law; or (f) tortious or criminal acts or omissions, including negligent, intentional, and fraudulent or deceptive conduct. But you are not required to pay if the loss was caused by our intentional misconduct.
2. Definitions
  1. “Loss” means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
  2. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
3. Our Duty to Notify You. We will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. But our failure to timely notify you does not terminate your obligation, except if that failure prejudices your ability to mitigate losses.
4. Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. If we direct you to control the defense, you will not settle any litigation without our written consent if the settlement (1) imposes a penalty or limitation on us, (2) admits our fault, or (3) does not fully release us from liability. You and we will cooperate with each other in good faith on a claim.
5. No Exclusivity. Our rights under this section do not affect other rights we might have.
Compliance with Laws. We provide the Service for use only be persons located in the United States of America or Canada. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law. Washington law governs this agreement without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.”
Place for Resolving Disputes. Except for disputes subject to arbitration or the small claims exception, all disputes arising under these terms or your access to the Website or use of the services will be subject to the exclusive jurisdiction and venue of the courts in the State of Washington. You hereby submit to the personal jurisdiction of the courts in the State of Washington to resolve all disputes not subject to arbitration or the small claims exception. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.
Dispute Resolution; Exception for Small Claims
1. Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. Talk121^{^®} may elect to litigate billing or payment disputes or collection matters. You may elect to litigate any claim that meets the jurisdictional requirements for small claims court subject to section 18.3.
2. Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Service or this agreement, a party may demand that any such dispute be resolved by binding arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 18.5, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
3. Exception for Small Claims. As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court subject to Talk121’s right to remove any claims where the amount in controversy exceeds $5,000. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration unless you remove the matter from the jurisdiction of the small claims court or Talk121^{^®} elects to remove the matter because the amount in controversy exceeds $5,000.
4. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
5. Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 18.5, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
6. Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Service. Either party may enforce this waiver up to and including the first day of trial.
7. Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless Talk121^{^®} agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
8. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Service more than one year after the cause of action arose. Any claim brought after one year is barred.
General
1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your access to and use of the Service and supersedes all earlier or contemporaneous agreements between you and us about access to and use of the Service.
2. Changes. We may change this agreement on one or more occasions. We will try to post changes here at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this agreement. Changes will not apply to continuing disputes or to disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we make changes to this agreement, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current agreement. By continuing to use the Service after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop using the Service. If you need more information about the changes or have any other questions or comments about the changes, please contact us at service@talk121.com.
3. Assignment and Delegation. We may assign any rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our advanced written consent. Any attempted assignment or delegation in violation of this provision is void.
4. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
6. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
7. Feedback. We encourage you to provide feedback about the Service. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
8. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
9. Notices
  1. Sending Notice to Us. You may send notice to us by email at service@talk121.com, by calling our customer service department at (877) 771-4255, or by using the online form. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the “Contact Us” webpage.
  2. Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Talk121.com website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
10. Authorization and Permission to Send Emails to You. If you have given us your email address, you authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult-oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you ask us to remove you from our email list. For more information, please see our privacy policy.
11. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Talk121.com website or the Service to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Talk121.com website or the Service may read all messages you send to Talk121^{^®} regardless if they are intended recipients.
12. Electronic Signatures. Any affirmation, assent, or agreement you transmit through the Service will bind you. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
13. Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

TeleMainia, LLC
3540 West Sahara Avenue #638
Las Vegas, Nevada 89102
(877) 771-4255

You may contact us at service@talk121.com to resolve any disputes or to receive further information about the Service.

1. Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
2. Your Comments and Concerns. If you have any questions or comments about this agreement or the Service, you may contact us at service@talk121.com or by phone at (877) 771-4255.