Create Your Own Chatroom Service Agreement

Step 2 : Read our service agreement

By using Globe Talkers software and FK chat service you agree to the following Terms of Service. Please read them carefully. If any of these terms of service are unacceptable to you, please do not use the service. If Globe Talkers finds at any time that any sections of the terms of service are violated, or may be violated, Globe Talkers reserves the right to immediately terminate your account and any or all communities created by you. PLEASE NOTE: THIS REQUIRES YOU TO ASSERT THAT YOU ARE OVER THE AGE OF 13, THAT YOU WILL NOT USE IT FOR ANY PURPOSE CONTARY TO THE TERMS OF SERVICE BELOW, THAT THE INFORMATION YOU GIVE US, OR THAT YOU POST TO THE SERVICE IS NOT COVERED BY ANY GUARANTEES OR WARANTEES OF PRIVACY AND BY USING THE SERVICE YOUR RIGHTS TO PRIVACY MAY BE COMPROMISED. YOU ALSO AGREE TO RECEIVE EMAIL OR OTHER COMMUNICATIONS FROM US OR OUR DESIGNEES AND ANY ATTEMPT TO BLOCK SUCH COMMUNICATION MAY BE VIEWED AS GROUNDS TO IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICE. I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE FK (the "Service") is provided to you ("User") under the terms and conditions of this FK Terms of Service and any amendments thereto and any operating rules or policies (the "FKTOS") that may be published from time to time by Globe Talkers. Globe Talkers may change the FKTOS from time to time with or without notice to you and such change shall be effective with or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the FKTOS as amended. The FKTOS comprises the entire agreement between User and Globe Talkers and supersedes any prior agreements pertaining to the subject matter contained herein. BY USING THE FK SERVICE OR CLICKING THE "I ACCEPT" BUTTON OR LINK, YOU ARE AGREEING TO BE BOUND BY THE FKTOS. II. DESCRIPTION OF SERVICE Globe Talkers is providing User with the capability to create online communities and to join communities that are interesting to the User. Globe Talkers is also providing the User with the tools for organizing and communicating with other users including other members of a community. Users that create communities are considered the Administrator ("Admin") of the Community. Admins are responsible for all activities of the community. They also have special administrative privileges (e.g., they can change community information, membership rules, remove obnoxious community members, etc.). Subject to all the terms of this FKTOS, Globe Talkers allows Admins to make their own decisions about the subject matter of the community and membership guidelines for communities; provided that Admins shall at all times ensure that the communities are not only a safe place for users to organize and communicate but also that all community members comply with these FKTOS. In addition, Admins will implement and enforce age requirements and not allow members under the age of 13 to join any community. Admins shall also implement and enforce scanning for content or matter that is inappropriate for minors or of an age sensitive subject matter, including, without limitation, any content that are about or include pornography or any sexually explicit language or content, and immediately remove any such content or matters from their communities. Admins of communities may have the discretion to remove users from communities from time to time and at any time. User agrees that Globe Talkers has no responsibility for the assessment, or for resolving any disputes arising from User's ability to join or to remain a member of any community or otherwise use the Service. Globe Talkers shall not charge User for use of the service. User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User understands that Globe Talkers provides no assistance, including any technical or customer support, to the User, and that your use of the Service is at your own risk. User also agrees that Globe Talkers shall charge a monthly amount to each Admin for use of the Service. User agrees to pay such amount regularly in advance for each month of service. Should payment not be received by Globe Talkers for any reason, User understands that Globe Talkers may terminate the service and Admin's Community immediately, and this may result in complete loss of all data related to Admin's Community. Globe Talkers may, at its option, chose to reinstate service, for which an additional fee shall apply. III. USER'S REGISTRATION OBLIGATIONS In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) consents to the use of such data in accordance with section IV of this agreement. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, or if User makes any attempt to limit the use of this data by Globe Talkers in accordance with this agreement, Globe Talkers has the right to terminate User's account and refuse any and all current or future use of the Service. User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security. IV. USE OF REGISTRATION DATA User acknowledges and agrees that Admin shall have access to all account information relating to User, and agrees to indemnify and hold harmless Globe Talkers against any and all claims arising out of use of such registration data by Admin. User acknowledges that Globe Talkers may or may not have the means to monitor use of registration data by Admin. User agrees Globe Talkers, Admin or their designees may disclose Registration Data to third parties about User and information about User's use of the Service provided that such disclosures do not wilfully include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or in the good faith belief that such action is reasonably necessary to comply with the law or legal process, or as set forth in Paragraph VI below. V. MODIFICATIONS TO SERVICE Globe Talkers reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that Globe Talkers shall not be liable to User or any third-party for any modification or discontinuance of the Service. VI. FK PRIVACY POLICY User acknowledges that by posting messages or communicating in the community, User has waived all intellectual property rights including (without limitation) copyright, moral rights, trademarks, service marks, patents, or other proprietary rights and laws, and any other rights, to the communications or postings made available by user in the communities. User also acknowledges and agrees that Globe Talkers may access communities, messages and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints, or for any other reason that Globe Talkers deems appropriate. User acknowledges and agrees that Globe Talkers does not endorse any communities created by the Service or the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. VII.PLACEMENT OF ADVERTISING CONTENT In consideration of use of the Service, Globe Talkers will not place certain advertising messages, banners, images, text or other communications ("advertising") on the service. VIII. MEMBER CONDUCT User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a Globe Talkers official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity. User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (d) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; (e) not to use the Service in any way that is or could be in any way harmful to minors; and (f) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service. User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind. User agrees not to transmit or post any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit, promote or disseminate any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. User agrees not to use the service in any way that involves content or matter that is inappropriate for minors, or of an age sensitive subject matter, including, without limitation, any content that are about or include pornography or any sexually explicit language or content. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. User asserts and claims that User is above the age of 13. Globe Talkers may, but is not in any way obligated to, enforce these FKTOS against any user. IX. INDEMNITY User agrees to indemnify and hold Globe Talkers, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the FKTOS, or User's violation of any rights of another. X. NO RESALE OF SERVICE User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service. XI. STORAGE AND RESOURCES Globe Talkers assumes no responsibility for the deletion or failure to store any community messages and other community communications. Globe Talkers may establish an upper limit on the amount of memory, disk space, bandwidth or any other resource available for each community in the Service. XII. TERMINATION User agrees that Globe Talkers may terminate User's password, account or use of the Service and, in Globe Talkers's discretion, terminate User's use of Globe Talkers's other services, for any reason, or for no reason, including, without limitation, if Globe Talkers believes (a) that User has violated or acted inconsistently with the letter or spirit of the FKTOS, or (b) that User has violated the rights of Globe Talkers or other Users or parties. User further agrees that Globe Talkers may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Globe Talkers from time to time which period shall not be less than three months. User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Globe Talkers may immediately delete User's communities, all related information and email files in User's account and bar any further access to such files or the Service. XIII. DEALINGS WITH ADVERTISERS User's correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold Globe Talkers liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. XV. Globe Talkers'S PROPRIETARY RIGHTS User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Globe Talkers or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. XVI. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Globe Talkers EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Globe Talkers MAKE NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Globe Talkers MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Globe Talkers OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. XVII. LIMITATION OF LIABILITY USER AGREES THAT Globe Talkers SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Globe Talkers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Globe Talkers SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY AMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. XVIII SPECIAL ADMONITION FOR COMMUNITIES RELATING TO FINANCIAL MATTERS If you intend to create or join any community, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, read the above Sections XVI and XVII again. They go doubly for you. In addition, for this type of information particularly, the watchword should be "Let the investor beware." The Service is provided for informational purposes only, and no content or material included in the Service is intended for trading purposes. Globe Talkers cannot be responsible for the content or accuracy of any information transmitted via the Service, and shall not be responsible for any trading or investment decisions made based on such information. IXX. NOTICE Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the FKTOS or other matters by displaying notices or links to notices to Users generally on the Service. XXI. GENERAL The FKTOS and the relationship between User and Globe Talkers shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Globe Talkers agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California. The failure of Globe Talkers to exercise or enforce any right or provision of the FKTOS shall not constitute a waiver of such right or provision. If any provision of the FKTOS 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 FKTOS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the FKTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the FKTOS are for convenience only and have no legal or contractual effect.

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