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Terms of service

Welcome to GoTalkMobile! Before you begin using GoTalkMobile, you must read and agree to these GoTalkMobile Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): GoTalkMobile Privacy Policy - How we maintain and protect your personal information in GoTalkMobile (http://www.gotalkmobile.com/gotalkmobile_privacypolicy.html)

Although we may attempt to notify you when major changes are made to these GoTalkMobile Terms of Service, you should periodically review the most up-to-date version (http://www.gotalkmobile.com/gotalkmobile_termsofservice.html). GoTalkMobile Co. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not download or use the GoTalkMobile client software (the "Software"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Description of Software. GoTalkMobile is an instant messaging client. You must have a Gmail account to use GoTalkMobile. If you choose to download the Software, you understand and agree that these terms and conditions govern your use of the the Software. You understand and agree that the Software are provided on an AS IS and AS AVAILABLE basis. GoTalkMobile Co. disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software. GoTalkMobile also reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to you.

Personal Use. The Software is made available to you for your personal use only. You must be at least thirteen (13) years of age to use the Software. GoTalkMobile Co. reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

  • use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by GoTalkMobile Co.;
  • upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
  • prevent others from using the Software;
  • use the Software for any fraudulent or inappropriate purpose, or
  • (v) remove any copyright, trademark or other proprietary rights notices contained in or on GoTalkMobile. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. GoTalkMobile reserves the right, but shall have no obligation, to investigate your use of the Software in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request.
  • Privacy. As a condition to using the Software, you agree to the terms of the GoTalkMobile Privacy Policy (http://www.gotalkmobile.com/privacy.html), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that GoTalkMobile may access or disclose your personal information, including the content of your communications, if GoTalkMobile is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the GoTalkMobile Privacy Policy. Personal information collected by GoTalkMobile may be stored and processed in the United States or any other country in which GoTalkMobile Co. or its agents maintain facilities. By using GoTalkMobile, you consent to any such transfer of information outside of your country.

    General Practices Regarding Use and Storage. You agree that GoTalkMobile Co. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained or transmitted by GoTalkMobile. You acknowledge that GoTalkMobile has set no fixed upper limit on the number of transmissions you may send or receive through Software or the amount of storage space used; GoTalkMobile Co. retains, however, the right to create limits on use and storage at our sole discretion at any time with or without notice.

    Content of the Software. GoTalkMobile takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does GoTalkMobile Co. have any obligation to monitor such third-party content. GoTalkMobile Co. reserves the right at all times to remove or refuse to distribute any content on the Software, such as content which violates the terms of this Agreement. GoTalkMobile also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of GoTalkMobile Co., its users and the public. GoTalkMobile Co. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

    Intellectual Property Rights. GoTalkMobile Co.'s Intellectual Property Rights. You acknowledge that GoTalkMobile Co. owns all right, title and interest in and to the Software, including all intellectual property rights (the "GoTalkMobile Co. Rights"). GoTalkMobile Co. Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the GoTalkMobile Co. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, GoTalkMobile Co. Rights do not include third-party content used as part of the Software, including the content of communications appearing on the Software.

    Your Intellectual Property Rights. GoTalkMobile Co. does not otherwise claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload or transmit from, or store using, the Software.

    No Resale of the Service or the Client. Unless expressly authorized in writing by GoTalkMobile Co., you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the GoTalkMobile Software, (b) use of the Software, or (c) access to the GoTalkMobile Software.
    GoTalkMobile Co. grants you a personal, non-transferable and non-exclusive right and license to use the Software on your computer or mobile device such as phone, PDA or any other applicable; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the Software.

    Publicity. Any use of GoTalkMobile Co. trade names, trademarks, service marks, logos, domain names can be used only with the written permission of GoTalkMobile Co.

    Automatic Updates. The GoTalkMobile Software may communicate with GoTalkMobile Co.'s servers to check for available updates to the software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Software sends GoTalkMobile Co. a request for the latest version information. By installing GoTalkMobile Software, you hereby agree to automatically request and receive Updates from GoTalkMobile Co.'s servers.

    Representations and Warranties. You represent and warrant that (a) all of the information provided by you to GoTalkMobile Co. to use the Software is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

    Termination; Uninstallation. You can uninstall the Software at any time. GoTalkMobile Co. may, in its sole discretion, at any time and for any reason, terminate the maintenance of the Software, terminate this Agreement. Sections 4, 5, 7, 8, 9, and 13 -18 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

    Indemnification. You agree to hold harmless and indemnify GoTalkMobile Co., and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GoTalkMobile Co. will provide you with written notice of such claim, suit or action.

    Entire Agreement. This Agreement constitutes the entire agreement between you and GoTalkMobile Co. and governs your use of the GoTalkMobile Software, superseding any prior agreements between you and GoTalkMobile Co. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GoTalkMobile Co. services, affiliate services, third-party content or third-party software.

    Waiver and Severability of Terms. The failure of GoTalkMobile Co. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of GoTalkMobile Co. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

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