Table of Contents
- Accepting The Terms
- Terms and Proper Usage
- Intellectual Property Rights
- Breach of Terms
- User Comments
- Warranties and Disclaimers
- Limitation of Liability
- Governing Law and Jurisdiction
- Accepting The Terms
We can change the Terms at any time without notice to you; provided, however, Company may post changes to the Terms on the Website and/or send electronic notice of upcoming you. Any revised or amended Terms will be effective immediately upon posting. We keep a historical record of all changes to our Terms. You agree to check the Terms periodically to be aware of any changes. By accessing and/or using The Conversationalist SM Products on or after that effective date of the Terms, you agree to the new Terms.
- Terms and Proper Usage
- Use of The Conversationalist SM Products
- Proper Usage
- Collect, harvest, mine, or engage in any activity to obtain e-mail addresses, phone numbers, personal identifiers, or any other information about others.
- Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any The Conversationalist SM server, whether through hacking, password mining, or any other means.
- Access or attempt to access any Material, or make available any files containing Materials that you are not authorized to access or make available.
- Make available any files containing materials where you do not own or control such materials or have not received the necessary licenses to share such materials.
- Use any Materials in any manner that infringes upon any intellectual property rights of Company.
- Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
- Create, facilitate, or participate in any games intended primarily to disseminate copyrighted material.
- Disrupt or interfere with the security of, or otherwise cause harm to The Conversationalist SM Products connected to or accessible through Website or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any The Conversationalist SM user.
- Post or otherwise submit any software, programs or files that are harmful or disruptive to another’s equipment, software or other property, including any corrupted files, ransomware, time bombs, Trojan horses, viruses, or worms.
- Create a false identity for the purpose of misleading others.
- Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed, or displayed in such manner.
- Disrupt, interfere or inhibit any The Conversationalist SM user from using and enjoying The Conversationalist SM Products or other affiliated or linked sites, materials, or services.
- Access or use The Conversationalist SM Products in any manner that could damage, disable, overburden or impair any The Conversationalist SM server or the network(s) connected to any The Conversationalist SM server.
- Violate any applicable laws or regulations related to the access to or use of The Conversationalist SM Products, or engage in any activity prohibited by the Terms.
- Post or otherwise submit any topic, name, video, image, material or information that is pornographic, child pornography, defamatory, hate speech, excessively violent or incites violence, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, promotes self-harm, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy The Conversationalist SM user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Company or any third party (including rights of privacy and publicity) or abuse, blackmail, target, shame, defame, harass, stalk, or threaten another.
- Post copies of private communications between private individuals without the explicit consent of all parties to the communication, including posting intimate or explicit images of another.
- Post content that violates another’s privacy, including sensitive or confidential information such as credit card numbers, social security numbers, nonpublic phone numbers, physical addresses, email addresses, or other non-public information.
- Post content that promote harmful conspiracies, facilitate gambling or betting, facilitate buying or selling social media interactions, facilitate illegal sexual services, or facilitate copyright violation.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed by Company.
- Use The Conversationalist SM Products to participate in third-party advertising and sponsorships, including images that indicate brand sponsorship in a post, letter, or as part of a publication, or images that function as third-party ads, unless specifically allowed by Company.
If you find an article, comment, image, link, post, video, or any other content on The Conversationalist SM Website that violates these Terms, please signal it and notify us at firstname.lastname@example.org to report such conduct.
In deciding whether someone has violated the Terms, we will take into account things like newsworthiness, the context and nature of the posted information (e.g. hate speech), the likelihood and severity of actual or potential harms, and applicable laws. Violations of the Terms may result in consequences such as access and/or use restrictions, limited distribution of your posts and content, and suspension or termination of your use. We may limit the distribution of controversial or extreme content.
We do not allow spam within The Conversationalist SM community. All spam is subject to immediate removal from any and all The Conversationalist SM Products, without notification. Spam includes the following activities: (i) posting comments primarily to drive traffic to, or increase the search rankings of, an external site, product, or service; (ii) scraping and reposting content from other sources for the primary purpose of generating revenue or other personal gains; (iii) posting duplicate content, whether from a single account or across multiple accounts; (iv) posting stories where the content is clipped with the sole purpose of linking to the rest of the article on a different website; (v) performing a disproportionately large number of interactions, particularly by automated means; (vi) repeatedly using responses or other interactions as a method of promotion; (vii) participating in bounty campaigns or brigades to artificially inflate rankings for posts, accounts, businesses, or products; and (viii) use or re-use of content templates with slight modifications across multiple posts and accounts.
- Intellectual Property Rights
- Who owns The Conversationalist SM Products?
Unless otherwise noted, The Conversationalist SM Products are owned by Company and Company’s licensors and contributors. The terms Materials and Services do not include user generated content unless otherwise provided for in a separate agreement between Company and the user.
The Conversationalist SM Products are protected by Company’s and Company’s licensors’ and contributors’ copyrights, trademarks, service marks, patents, trade secrets, and all other intellectual property and proprietary rights. Any unauthorized use of The Conversationalist SM Products may violate intellectual property laws and these Terms.
You are not permitted to use the Materials without the prior written consent of Company. Additionally,
- The Materials may not be modified or altered in any way.
- The Materials may not be distributed or sold, rented, leased, licensed, or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Materials.
- You may not copy or distribute any graphics in the Materials apart from their accompanying text.
- You will not quote or display the Materials, or any portions thereof, out of context.
- Company reserves the right to revoke the authorization to view, download, and/or print the Materials, and any such use shall be discontinued immediately without notice from Company.
- Any rights granted to you by Company constitute a license and not a transfer of title.
- Use of The Conversationalist SM Software
You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of The Conversationalist SM software. Any copying or redistribution of The Conversationalist SM software is prohibited, including any copying or reproduction of The Conversationalist SM software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of The Conversationalist SM software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Who Owns the Intellectual Property of My Texts and Other Content?
Unless otherwise agreed to, by submitting Shared Content to Company for publication or transmission, you give us a nonexclusive, royalty free, perpetual license to publish it on and/or transmit it through The Conversationalist SM Products, including anything reasonably related to publishing or transmitting it (like storing, displaying, reformatting, and distributing it). We may also use your Shared Content to promote The Conversationalist SM Products. We will never sell your Shared Content to third parties without your explicit permission.
Company may pre-screen Shared Content prior to publishing or transmitting. Moreover, Company may remove any posted or transmitted Shared Content from The Conversationalist SM Products for any reason without notice and in Company’s sole discretion. Company does not guarantee the accuracy, integrity, safety, or quality of your Shared Content. Any reliance you place on such information is strictly at your own risk.
By submitting your Shared Content to Company, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your Shared Content as described in these Terms, including all the rights necessary for you to submit your Shared Content.
You are solely and entirely responsible for all of your Shared Content uploaded, posted, transmitted, and/or stored in connection with your use of The Conversationalist SM Products. You shall assume all risks associated with the use of your Shared Content, including any reliance on the accuracy, completeness, or usefulness of your Shared Content, or claims related to intellectual property or other legal rights. You are responsible for any content that may be lost or unrecoverable through your use of The Conversationalist SM Products.
- The Conversationalist’s License to User
- Breach of Terms
If you believe your access to and/or use of The Conversationalist SM Products has been suspended and/or terminated in error, you can email us at email@example.com. We will consider all good faith efforts to appeal submitted within sixty (60) days from the date of suspension or termination of your access and/or use.
- User Comments
Some The Conversationalist SM Products and The Conversationalist SM social media channels may offer public comment functionality. If you intend to use the public comment function, you must abide by the following rules and requirements:
- Users must either register an account with Company or use a social media integrated login in order to comment publicly;
- By posting comments to The Conversationalist SM Products and The Conversationalist SM social media channels, you hereby grant Company a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, and otherwise disclose or incorporate into other works, the comments for any purpose to the extent permissible by applicable law; and
Despite the provisions in these Terms, comments submitted by you are deemed non-confidential and Company is under no obligation to treat such comments as proprietary information. Without limiting the foregoing, Company reserves the right to display the comments as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post them.
- Image and Video
Company may send or display images, audio, and video (“Communications”) from time-to-time. The types of Communications users are authorized to access include Communications commissioned by Company, embedded material, material we believe to be covered by the Fair Use Doctrine, and material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
- Email Correspondence
Emails sent to any The Conversationalist SM email address are considered Company’s property. If you wish to remain anonymous, please specify this in the body of the email itself and Company will do its best to respect your wishes.
- Warranties and Disclaimers
We do not guarantee that The Conversationalist SM Websites or Services will always be reliable. We are vulnerable to the inherent unreliability of the Internet. Company will not be liable if, for any reason or no reason at all, all or a portion of The Conversationalist SM Website or any Service is unavailable at any time or for any period.
- As Is Where Is For All Users
To the extent permitted by applicable law, The Conversationalist SM Products are provided by Company under the Terms “as is where is” and without warranty of any kind, either express, implied, statutory or otherwise, including, without limitation, the implied warranties of title, non-infringement, merchantability, availability, security, availability, or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that
- The Conversationalist SM Products will meet your requirements;
- The Conversationalist SM Products will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of The Conversationalist SM Products will be effective, accurate, or reliable;
- The quality of The Conversationalist SM Products purchased or accessible by you will meet your expectations; and/or
- Any errors or defects in The Conversationalist SM Products will be corrected.
While Company strives for accuracy, The Conversationalist SM Products may include technical or other mistakes, inaccuracies, or typographical errors. To the extent permitted by applicable law, Company does not make any warranty as to the correctness or reliability of any The Conversationalist SM content or any text messages we send out to users.
From time-to-time, Company may restrict access to some parts of the Website or Services, to users, including registered users. Company may make changes to any The Conversationalist SM Product, including the prices and descriptions of any subscriptions, services, or products listed, at any time in its sole discretion and without notice. The Conversationalist SM Products may be out of date, and Company makes no commitment to update The Conversationalist SM Products.
No advice or information, whether oral or written, obtained by you from Company or via The Conversationalist SM Products shall create any warranty not expressly stated in the Terms.
Some states or jurisdictions may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
- Third-Party Conduct
Company specifically disclaims any liability with regard to any third-party’s site, services, materials, and/or any actions resulting from your use of The Conversationalist SM Products. You acknowledge and agree that:
- Company does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
- Company makes no representations or warranties whatsoever about any third parties, or their materials or services;
- Any dealings you may have with third parties are at your own risk; and/or
- Company shall not be liable or responsible for any materials or services offered by third parties.
Managers, hosts, and other third parties are not authorized spokespersons for Company, and their views do not necessarily reflect Company’s views. To the maximum extent permitted by law, Company will have no liability related to Shared Content and/or other user materials under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Shared Content and/or other user materials.
- International Users
The export and re-export of The Conversationalist SM software are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported in violation of these regulations. In addition, the software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
- Government Takedown Requests
If Company receives a request from a government actor to restrict your access to The Conversationalist SM Products, we will notify you, to the extent your contact information is available to Company, unless we are prohibited by law or believe doing so may endanger others. Where applicable, Company will work to limit legally-ordered content restrictions to jurisdictions where Company has a good faith belief that Company is legally required to restrict your access.
You agree to indemnify and hold harmless Company and/or its members, managers, officers, co-branders, employees, contractors, agents, and other affiliated entities and/or individuals from any claim, demand, lawsuit, or proceeding, including reasonable attorneys’ fees and expert fees, made by any third party due to or arising out of:
- Your Shared Content and any other content (e.g. computer viruses) that you may submit, post to, or transmit through any The Conversationalist SM Product, including a third party’s use of such Shared Content or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
- Your access to or use of The Conversationalist SM Products and/or any linked sites (including any access or use by your employees or agents);
- Your connection to Company;
- Your violation of the Terms;
- Your infringement of any third party’s intellectual property rights when using any of the software made available on any The Conversationalist SM Product;
- Your violation of any rights of any third party;
- Your misrepresentations or intentional omissions to any third party; and/or
- Any dealings between you and any third parties advertising or promoting via The Conversationalist SM Website or Services.
- Limitation of Liability
The use of The Conversationalist SM Products, or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from and/or in connection with any The Conversationalist SM Product. You assume complete responsibility for your use of any and all The Conversationalist SM Products.
In no event shall Company, its members, managers, officers, co-branders, employees, contractors, agents, and other affiliated entities and/or individuals be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Company has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
- The access or use of or the inability to access or use any The Conversationalist SM Product;
- The statements or actions of any third party on or via The Conversationalist SM Products;
- Any dealings with vendors or other third parties;
- Any unauthorized access to or alteration of your transmissions, materials, or other data;
- Any information that is sent or received or not sent or received;
- Any failure to store or loss of data, files, materials, and/or other content;
- Any The Conversationalist SM Product that is delayed or interrupted;
- Any website referenced or linked to from The Conversationalist SM Website or App; and/or
- Your access to or use of or inability to access or use any linked site.
Your sole remedy against Company for dissatisfaction with any The Conversationalist SM Product, or any content connected to any The Conversationalist SM Product, is to stop using The Conversationalist SM Products.
You acknowledge and agree that by accessing or using The Conversationalist SM Products, you may be exposed to user materials and content from others that are offensive, indecent, or otherwise objectionable. Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the site, or by anyone who may be informed of any of its contents or the contents of the Service.
Some jurisdictions may prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
- Governing Law and Jurisdiction
The Conversationalist SM Website, Materials, and/or Services (excluding linked sites) are controlled by Company, with its principal place of business within the state of Kansas, United States of America. By accessing any The Conversationalist SM Product, you agree that all matters relating to your access to, or use of, The Conversationalist SM Products shall be governed by the statutes and laws of the State of Kansas, without regard to the conflict of law principles. You also agree and submit to the exclusive personal jurisdiction and venue of the District Court of Sedgwick County, Kansas or the United States District Court for the District of Kansas with respect to such matters.
- No Young Children
The Conversationalist SM Products are designed for people between the ages 16 to 26 years old. By using any The Conversationalist SM Product without adult supervision, you affirm that you are at least 16 years old. If we learn someone under the age of 16 years old is using The Conversationalist SM Products, we may terminate his or her access and/or use.
- This Constitutes the Entire Agreement
- Unenforceable Provisions
If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- No Waiver
- Notice of Changes and Claims