Your Information and Responsibilities
By using TALKAO, S.L, you provide us with text, graphics, images and other information (“your content”). You retain full ownership to your content. TALKAO APPS does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
TALKAO, S.L Intellectual Property Rights
TALKAO APPS and its licensors exclusively own TALKAO, S.L, including all associated intellectual property rights. You acknowledge that TALKAO, S.L is protected by copyright, trademark, and other laws of Spain, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying TALKAO, S.L. TALKAO APPS grants you a limited, non-exclusive, non-transferable license to view, copy, and display TALKAO APPS solely in connection with your permitted use of TALKAO, S.L.
You agree not to do—or attempt to do—any of the following:
- Probe, scan, or test the vulnerability of any TALKAO, S.L system or network or breach any security or authentication measures;
- Access, tamper with, or use non-public areas of TALKAO, S.L, TALKAO, S.L’s computer systems, or the technical delivery systems of TALKAO, S.L’s providers;
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide TALKAO, S.L;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing TALKAO, S.L;
- Access or search TALKAO, S.L or download any intellectual property from TALKAO, S.L through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
- Plant malware or use TALKAO, S.L to distribute malware;
- Send any unsolicited communications, promotions, advertisements or spam;
- Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the privacy of others;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the above.
Although we’re not obligated to monitor access to or use of TALKAO, S.L or your content or to review or edit any of your content or the intellectual property of other TALKAO, S.L users, we have the right to do so for the purpose of operating TALKAO, S.L, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects TALKAO, S.L. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may suspend TALKAO, S.L or terminate your access to and use of TALKAO, S.L, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use TALKAO, S.L in any way that would cause us legal liability or disrupt others’ use of TALKAO, S.L. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
TALKAO, S.L OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT TALKAO, S.L WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
You will indemnify and hold harmless TALKAO, S.L and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of TALKAO, S.L or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER TALKAO, S.L NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING TALKAO, S.L, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE TALKAO, S.L OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALKAO, S.L HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms and any action related thereto will be governed by the laws of the Spain without regard to its conflict of law’s provisions.
These Terms constitute the entire and exclusive understanding and agreement between TALKAO, S.L and you regarding TALKAO, S.L, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TALKAO, S.L and you regarding TALKAO, S.L, except that if you become a party to TALKAO, S.L's Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without TALKAO, S.L’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TALKAO, S.L may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by TALKAO, S.L under these Terms, including those regarding modifications to these Terms, will be given: (i) by TALKAO, S.L via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
TALKAO, S.L’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TALKAO, S.L. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at:
AV,Canovas del Castillo 6 Floor 1st, Of. 3, 29016 MALAGA