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Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor uses the Service:
(1) IP address,
(2) Domain servers,
(3) Type of computer used to access the Service,
(4) Types of web browsers
(collectively, "Anonymous Data").
Such data does not collect information that identifies you as an individual. NowTalk.com uses Anonymous Data to help enhance your experience of our services and to provide you with innovative services and features.
We may use third-parties to advertise on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Some of our services require Users to provide information capable of identifying you as an individual ("Personally Identifiable Information"), this information may either be collected by us directly via our sign-up forms, or it may be collected by us indirectly by sourcing such data from any social networking website accounts (e.g., Facebook, Twitter, etc...) that the Users might use in order to sign-up for and login to the Services. Personally Identifiable Information includes:
"Contact Data" (such as your first and last name, physical street address, city, state, zip code, phone number and email address), and
"Questionnaire Data" (such as information about your personal life, habits, demographic information, public nickname to be used on the Service, etc...).
Please note that Contact Data and Anonymous Data are used to gather general statistics regarding our customers and visitors, in order to enhance your experience of our services. Questionnaire data is not used to identify you specifically or allow you to be contacted but to identify the general characteristics of our users. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
Contact Data is used only to provide you with special information and promotions regarding our products, in connection with an order or to respond to a question or request.
We use Questionnaire Data to improve our Services and to generate your public user profile if you choose to have one.
NowTalk.com is an Inter-User Messaging Service
As part of the Service, you agree to allow other NowTalk.com users to contact you via the internal Service messaging service.
Further, you understand and agree that if you post information on any of our chat groups available via the Service, such information may be available to members of the Service and Service visitors. This includes any Questionnaire Data incorporated into your public user profile. Please use caution when deciding to disclose your personal information as we do not control who may participate in these interactive forums.
The Service currently allows Users to post messages in private chat groups and in public chat groups. Any information posted by Users in public chat groups will be available to all members of the Service, Service visitors and to the general public. Any information posted by Users in private chat groups shall only be available to Users who were invited to that private chat group. We cannot, however, control whether users who are present in private chat groups choose to copy/paste, take screenshots, or otherwise save the information posted in the private chat groups and then disseminate such information to the general public; as such, we are not responsible if this happens. It is the Users' responsibility to understand that any information and/or statements and/or content that they post to the internet can and probably will become available to the general public. Please use caution and common sense in deciding to disclose your personal information.
The Service also currently allows Users to post messages as "anonymous" users or to post messages in connection with the posting User's Contact Data. Certain chat groups may require all posts to be made in connection with a User's Contact Data, it is the User's responsibility to confirm whether the rules of any given chat group allow anonymous posting versus requiring Contact Data because any postings made by a User in connection with his or her Contact Data will become available to the general public (including that User's Contact Data) and cannot be removed.
Choice Regarding Disclosure of Contact Data
You may choose to provide no Contact Data. In such an event, you can still access and use some portions of the Service. Of course, the portions of the Service requiring your Contact Data would then be inaccessible to you.
Confidentiality and Security of Contact Data
(a) Comply with a court order or other legal process;
(b) Protect the rights, property, and/or safety of NowTalk.com, Now Talk Inc., or any third party; or
We use reasonable measures to keep your information safe and secure. However, no company, organization, or online community, including NowTalk.com and Now Talk Inc., can fully eliminate security risks associated with personal information.
To provide some of our services and features and to help us communicate with the Service members, we may need to provide your personal information to third party service providers who work on behalf of or with NowTalk.com. Such service providers do not possess any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), in which case our Affiliates would agree to the terms of this Policy and protect your personal information with the same care as we do.
Security measures are in place to minimize the loss, misuse, destruction and alteration of the information that we receive from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Service contains links to or may otherwise be employed by other third-party web Services ("Linked Web Services"). The privacy practices and content of such Linked Web Services are outside the scope of our responsibility and control. If you choose to visit other web Services, we are not responsible for the Privacy Practices or content of those other web Services. It is your responsibility to review those web Services' Privacy Policies.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
NowTalk.com acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users.
Who We Are.
See the "Contact Information" below if you have any questions about obtaining such licenses. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by NowTalk.com. Any rights not expressly granted herein are reserved by Now Talk Inc.
(i) Supply the information requested in the registration process,
(ii) Ensure that all the information you supply is accurate, and
(iii) Update your personal information.
You are entirely responsible for keeping your password confidential. You may not use a third party’s account, user name or password at any time. You agree to immediately contact NowTalk.com in writing regarding any unauthorized use of your account, user name or password. NowTalk.com shall not be liable for any losses you may suffer as a result of someone else’s use of your account or password, either with or without your knowledge.
Additionally, you grant NowTalk.com a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. You may cancel this license and terminate NowTalk.com’s rights at any time by removing your personal information.
3. Limited Permission to Download.
Now Talk Inc. hereby authorizes you to download, view, copy and print the Materials found on NowTalk.com on any single, stand-alone computer solely for your personal, informational, and internal business use under the following conditions:
The copyright and trademark notice appearing below must appear in such Materials,
The Materials are not used on any other Web site nor in a networked computer environment and
The Materials are not modified in any way.
4. Links to Third Party Sites.
This Site and/or the NowTalk service may contain links to Web sites or otherwise may be featured on Web sites controlled by parties not owned or operated by us (each a "Third Party Site"). We may work with a number of partners and affiliates whose sites are linked with ours. Both NowTalk.com and Now Talk Inc. are not responsible or liable, directly or indirectly, for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. NowTalk.com makes no guarantee regarding the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site.
These links are provided only as a convenience. The inclusion of any link does not imply that we necessarily support or agree with the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither NowTalk.com nor Now Talk Inc. are responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the relevant Third Party Site Administrator if you have any concerns regarding such links or their respective content.
5. How We Treat User Content
5.1. Rights and Responsibilities of NowTalk.com.
NowTalk.com respects the intellectual property of others, and we ask our users to do the same. The accounts of those suspected to be repeat infringers may be disabled and/or terminated in appropriate circumstances. Such decision is within our sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and email address;
(v) 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;
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
68 Jay St Suite 201
Brooklyn, NY 11201
By email: info@Nowtalk.com
NowTalk.com is not the publisher or author of the User Content. It is a passive service for storage and dissemination of our members’ ideas and opinions as User Content. We do not pre-screen works or require prior approval before they are posted.
We disclaim all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, NowTalk.com takes reasonable steps to keep our services safe and secure. If you have reason to believe system security has been violated, contact us by E-MAIL at info@Nowtalk.com for help. If our technical staff finds that a member’s files or processes pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If our technical staff suspects that a user name is used by an improper user, that user’s access may be disabled in order to preserve system security. In all such cases, NowTalk.com will contact the member as soon as feasible. We have the right, in our sole and absolute discretion, to
Edit, redact or otherwise change any User Content,
Re-categorize any User Content to place it in a more appropriate location or
5.2. Rights and Responsibilities of NowTalk.com Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any of our services. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose to renounce such rights expressly.
Because the jurisdiction law as to online systems is unsettled, we urge you to consider the possible effect of laws outside NowTalk.com’s locality or your own residence. NowTalk.com is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet). We cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.
You agree not to use the Site in any way that could damage, disable, or impair any Services provided by NowTalk.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
5.3. Your Rights and Responsibilities as a NowTalk.com User and Reader of User Content.
Generally, our staff will not mediate conflicts between users. Should you have a complaint about another user,. it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. NowTalk.com is not legally responsible for your behavior or that of other users.
Your access to other users’s postings, as User Content, is for your personal use only. If you want to redistribute postings found as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
5.4. Your Agreement to Release and Hold Harmless NowTalk.com For Any Harm Resulting From Your Communication or Contact with Other NowTalk.com Users.
THE SITE FUNCTIONS AS A PASSIVE COMMUNICATION SERVICE, WHICH ALLOWS USERS TO CONTACT AND COMMUNICATE WITH ONE ANOTHER. NOWTALK.COM IS NOT LEGALLY RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY NOWTALK.COM USERS. NOWTALK.COM DOES NOT ENDORSE ANY USERS OR THEIR COMMUNICATIONS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY NOWTALK.COM USER IS MADE AT YOUR OWN RISK.YOU AGREE TO RELEASE AND HOLD NOWTALK.COM HARMLESS, IRREVOCABLY RELEASE NOWTALK.COM AND FOREVER DISCHARGE NOWTALK.COM, ITS AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER NOWTALK.COM USERS. ADDITIONALLY, YOU AGREE TO INDEMNIFY NOWTALK.COM FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER NOWTALK.COM USERS.
5.5. Responsibility of Third-Party Websites With Regard to User Content.
6. No Warranty.
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NOWTALK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOWTALK.COM MAKES NO WARRANTY THAT:
(A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. NOWTALK.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. Limitation of Liability.
IN NO EVENT SHALL NOWTALK.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF NOWTALK.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF NOWTALK.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
You agree to defend, indemnify and hold harmless NowTalk.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions.
Except as may be required in connection with your use of our Services, NowTalk.com does not want you to submit confidential or proprietary information to us through this Site. You agree that all comments, feedback, information or material submitted to NowTalk.com through or in association with this Site shall be considered non-confidential. By providing such submissions to NowTalk.com you grant NowTalk.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by NowTalk.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws.
When accessing the Site or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your NowTalk.com user account.
If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by telling us about it as provided in the Notice and Take Down provisions of the Digital Millennium Copyright Act at info@Nowtalk.com as described above in Section 5.1.
11. Inappropriate Content.
When accessing the Site or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(i) Is libelous, defamatory, obscene, pornographic, abusive or threatening;
(ii) Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
(iii) Advertises or otherwise solicits funds or is a solicitation for goods or services.
12. Ineligibility of Minors.
This Site is ineligible to Minors. If you are a Minor, please do not submit any personal information.
13. ARBITRATION AGREEMENT
NowTalk.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after the termination of this agreement.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.
Notwithstanding any provision in this Agreement to the contrary, we agree that if NowTalk.com makes any future change to this arbitration provision (other than a change to the Notice Address)while you are a registered user of our Site, you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
YOU AND NOWTALK.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NowTalk.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
For any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding nonappearance-based arbitration. In such an event, the arbitration shall be conducted at the option of the party seeking relief, by telephone, online or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14. Governing Law; Venue.
If for any reason, the Arbitration Agreement shall not apply, by using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with New York State Law, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. You and NowTalk.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013, Now Talk Inc., ALL RIGHTS RESERVED.
NOWTALK, NowTalk.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Now Talk Inc. All other trademarks, product names and company names or logos mentioned in the preceding sentence are the property of their respective owners.
BY USING OUR SERVICES OR ACCESSING THE NOWTALK.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.