Terms of Service

IMPORTANT — IMPORTANT

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN AlloTalk AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF AlloTalk's SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION, BY USING THE SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.

You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying AlloTalk or which AlloTalk in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the AlloTalk services, AlloTalk reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the AlloTalk services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefore, AlloTalk reserves the right to restrict conduct and/or take measures against conduct, which AlloTalk deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the AlloTalk service or adversely affects AlloTalk, its business or software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a AlloTalk employee, administrator or representative; (d) disparaging the AlloTalk service, AlloTalk or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable conduct include, but not be limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancel bot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by AlloTalk to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by AlloTalk with respect to any similar behavior in the future. Without assuming the responsibility therefore, AlloTalk also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization.
Unless you subscribe to the AlloTalk Messenger service, use of the AlloTalk software may include advertisements of various forms, which are necessary for AlloTalk to provide the service. Furthermore, all users, including AlloTalk Messenger subscribers, may see advertisements of various forms on Partner websites and/or applications, such as Games. AlloTalk may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. AlloTalk does not collect personally identifiable information. For more information about how the information is collected and used, please see the appropriate privacy policy at http://www.lotame.com/privacy
You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that AlloTalk is not responsible for such Content. AlloTalk does not administer Commercial Rooms or other rooms and is not responsible for the content of Commercial or other rooms, unless specifically denoted. Inclusion of a chat room, User Submission (as defined below) or other Content on the AlloTalk home page, a landing page, or any other page does not constitute an endorsement by AlloTalk or indicate that the Content has been reviewed or approved by AlloTalk, and AlloTalk expressly disclaims responsibility for same. AlloTalk expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on AlloTalk, you do so at your own risk.
If another AlloTalk user attempts to send or sends you a video, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, the image sent by the user may be inappropriate for the rating of the AlloTalk web-room you are in. Accordingly, you should use your judgment before agreeing to accept an Image. You hereby agree that your acceptance of such Images is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against AlloTalk Parties (hereinafter defined) arising out of, or relating to your acceptance of Images.
In addition, you should be aware that if you elect to publish, distribute, disseminate, display, post or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. In addition, all Images, Chats, and other Content may be posted at various times on the AlloTalk homepage, landing pages and/or other pages and you consent to same.
You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against AlloTalk Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a AlloTalk user to capture any Image or Chat that is Published on AlloTalk without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service.

AlloTalk PICTURE REQUIREMENTS.

Please follow the following guidelines when submitting a picture. AlloTalk strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways. AlloTalk allows you to submit up to 10 pictures of yourself, including one primary picture and 9 secondary pictures. Non-paying members can only view primary pictures, and paying members can view all pictures. AlloTalk will screen all primary pictures within 48 hours after submission, and you will be notified when it is approved or rejected. Primary pictures will not be displayed until AlloTalk approves them.

All pictures must follow the below guidelines:


Can't be blank or of poor quality.
Can't be copyrighted by a third person who has not granted written authorization, can't contain the image of a celebrity or other person who has not granted written authorization.
Can't be construed as harassing.
Can't contain impersonations.
Can't contain excessive violence.
No nudity.
No profanity or offensive language.
Nothing pornographic.
Nothing obscene or indecent.
Can't be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).
Picture can be no greater than 100K in file size.

PRIMARY PICTURES.

Primary pictures must additionally following these guidelines:

Picture must be of the submitter, must only display the submitter, and must clearly display their face (if you wish to express yourself in a creative way, display your artwork, show you with your friends, etc., feel free to do so in all other pictures). Picture cannot contain text or contact information.
Occasionally, with your permission, AlloTalk will feature your pictures in various places throughout AlloTalk, such as AlloTalk Today, the AlloTalk homepage, or other locations. If you wish to have your primary picture considered for display in these areas or others, simply access the privacy section of your AlloTalk People profile and modify the appropriate setting.

NO SOLICITATION; NO DENIGRATION.

As a condition to your use of AlloTalk, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, palhelp, consultant or any other person that is employed by, consults for, volunteers for, represents or assists AlloTalk (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with AlloTalk, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about AlloTalk or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of AlloTalk or any Representative, or otherwise tarnish or dilute any of AlloTalk's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of AlloTalk to cease using, and/or any potential customer or client of AlloTalk not to use any AlloTalk products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with AlloTalk's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.


ROOM RATINGS.

Group Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "G-Rated Room," no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example). In an "R-Rated Room," some offensive language and content may occur; accordingly, you must be at least eighteen (18) years old to participate. In an "A-Rated Room," you should expect offensive language and content and you must be at least eighteen (18) years old to participate in such a room. AlloTalk is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room.


HOSTING A CHAT ROOM.

In accordance with the Terms of Service, you have the ability to create your own room on AlloTalk. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior. By "RIGHT CLICKING" on the name of the person that is not behaving appropriately, you will see a menu of choices, including: (a) removing that person's ability to speak ("Remove Mic"), (b) removing that person from your room ("Bounce"), and (c) alerting AlloTalk personnel ("Alert Admin of Misconduct"). In addition, you can add the user to your PalList, RIGHT CLICK on the user's name and click on "Block User," which will prevent the user from contacting you (except if you are in a group with that User). When creating your own room, more information will be available to you. You understand and agree that any room you host and Content thereon may be displayed in whole or in part on any page of the AlloTalk site including, at AlloTalk's sole discretion, the homepage.

YOUR USER SUBMISSIONS.

As a AlloTalk account holder you may submit video content ("User Submissions"). You understand that whether or not such User Submissions are published, AlloTalk does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AlloTalk to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to AlloTalk, you hereby grant AlloTalk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the AlloTalk Website and AlloTalk's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the AlloTalk Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AlloTalk Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that AlloTalk may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AlloTalk all of the license rights granted herein.
AlloTalk does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AlloTalk expressly disclaims any and all liability in connection with User Submissions. AlloTalk does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AlloTalk will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AlloTalk reserves the right to remove Content and User Submissions without prior notice.

ACCOUNT TERMINATION POLICY


AlloTalk will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
AlloTalk reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AlloTalk may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

DIGITAL MILLENIUM COPYRIGHT ACT


If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to: [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
2.Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, AlloTalk may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AlloTalk's sole discretion.


AlloTalk PORTAL PAGE.

If AlloTalk offers you the ability to opt-in to a AlloTalk branded home page powered by My Way and you change your browsers home page to the AlloTalk portal page powered by My Way, AlloTalk and My Way make no guarantees as to the sites and information located worldwide throughout the Internet which you may access as a result of the use of the My Way Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the My Way Service may locate unintended and objectionable content. The My Way Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The My Way Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by AlloTalk or My Way to be used for trading or investing purposes. Neither AlloTalk nor My Way shall be responsible for the accuracy, usefulness or availability of any information transmitted via the My Way Service, and neither shall not be liable for any trading or investment decisions made based on such information.


LAW ENFORCEMENT.

AlloTalk will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, AlloTalk has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by AlloTalk would include all steps that AlloTalk deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.

TERMINATION OF ACCOUNT.

In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur: you may be issued a warning; your access to online chat groups may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you. Please be advised that if you have paid to subscribe to any of the AlloTalk services, your subscription fee will not be refunded (either in whole or in part) if your account is terminated or suspended.

LIMITATION OF LIABILITY AND INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AlloTalk OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "AlloTalk PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF AlloTalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD AlloTalk PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE AlloTalk SOFTWARE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.


GOVERNING LAW; AMENDMENTS.

In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of AlloTalk. AlloTalk reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the AlloTalk software.

CONSOLIDATION; CREDITORS RIGHTS.

In the event of a merger, sale of assets or other corporate transaction involving AlloTalk or in the event of a bankruptcy, insolvency or other action involving creditors of AlloTalk or under other similar or related circumstances, AlloTalk reserves the right to disclose and/or sell information about you and your Account. In the event AlloTalk ceases its operations for a period of thirty (30) or more continuous days, you may file a claim for a refund of a prorated portion of your subscription premium, provided however, that you must file any claim within sixty (60) days of the first day on which AlloTalk's service was first terminated (the "Claim Period"). In the event you fail to submit a claim with the Claim Period, you will not be entitled to a refund.

PRIVACY POLICY.

AlloTalk's Privacy Policy can be found on the website www.AlloTalk.com

OTHER REFERENCE SITES:


General Information:
Get net wise! Common sense guidelines:
http://www.getnetwise.org/
Learn about parenting and keep your kids safe on the net:
http://www.safekids.com/
Anti-Child porn information:
http://www.antichildporn.org/
Legal issues
Child Online Privacy Protection Act. (coppa):
http://www.ftc.gov/ogc/coppa1.htm
Child Online Privacy Protection Rule:
http://www.ftc.gov/os/1999/10/64fr59888.htm
Child internet protection act:
http://www.fcc.gov/cgb/consumerfacts/cipa.html
Child safety information sites:

FBI child safety information:
http://www.fbi.gov/stats-services/publications/parent-guide
National Center for Missing and Exploited Children:
http://www.missingkids.com/
(telephone 1-800-843-5678)
Child Online Privacy Protection Rule: http://www.ftc.gov/os/1999/10/64fr59888.htm