Webtalk Terms of Use

Welcome to Webtalk.co, the Site of Webtalk. These Terms of Use apply to this Site located at www.webtalk.co, SocialCPX.com, EventWave.co and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively, the “Site”). 

You agree that by clicking “Join Now.” “Sign Up” or a similar designation, registering as a Member, accessing or using our services (described below), you agree to enter into a legally binding contract with Webtalk (even if you are using our Services on behalf of a company). If you do not agree to the contract in these Terms of Use, do not click “Join Now” (or similar designation) and do not access or otherwise use any of our Services. Your use of our Services also is subject to our Privacy Policy. 

 

  1. Content and Specifications: These Terms of Use apply to Webtalk.co, our branded apps, and other Webtalk-related sites, apps, communications and other services that state that they are offered under these Terms of Use (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both. All features, content, specifications, and Services described or depicted on the Site subject to change at any time without notice. We may modify these Terms of Use and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

  2. Service Eligibility: The Services are not for use by anyone under the age of 16. To use the Services, you agree that you must be aged 16 or over, and you will have only one Webtalk account which must be in your real name.

  3. Member Accounts: As a Member, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

  4. Payment. If you purchase our premium services, then you will provide Webtalk with your credit card information and will authorize us to charge your cards on a recurring monthly or annual basis based on the billing cycle you choose. If a charge is declined, you authorize Webtalk to continue to attempt to charge the card up to three times over three days prior to deactivating any premium services.

  5. Site Content, Trademarks, and Intellectual Property: As between you and Webtalk, you own the content and information that you submit or post to the Services and you are only granting Webtalk and our affiliates the following non-exclusive license: A worldwide, transferable, perpetual, and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others, through the Site and through all other media or platforms, now known or hereafter discovered. Without limiting the foregoing, you acknowledge that other Members and/or Visitors may access and share your content and information, and Webtalk may upload and share on Webtalk and permit the sharing by other Members or Visitors of you content and information, except to the extent you have marked a file as “private.” You agree to only provide content or information that does not violate the law nor anyone’s rights (including but not limited to intellectual property rights, privacy rights, and rights of publicity). You also agree that your profile information will be truthful. Webtalk also maintains intellectual property rights relating to the Site and the Services. The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms of Use, with prior written permission of the owner of such material, or pursuant to applicable law. The software and other technology components of the Site are copyright of Webtalk or its affiliates and suppliers. The contents of the Site (except for the user-provided content and information referenced above) are copyright of Webtalk or its respective affiliates, subsidiaries and suppliers. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners and affiliates. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Webtalk or such other owner. All rights are reserved. Using the Services does not give you any ownership in our Services or the content or information made available through our Services.

  6. Service Availability: Webtalk may change or discontinue any of our Services. Webtalk does not promise to store or keep showing any information and content that a Member has posted. Also, you agree that Webtalk has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. We also reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Webtalk reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms of Use or law or are misusing the Services.

  7. Other Content and Third Party Links: By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Webtalk generally does not review content provided by our Members or others. Also, the Site may contain links to Sites that are not owned, operated or controlled by Webtalk or its respective affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Webtalk neither regularly monitors nor assumes responsibility for the content of third parties’ statements or Sites. Neither we nor any of our respective affiliates or subsidiaries (i) are responsible for any content, materials or other information located on or accessible from any other Site; or (ii) endorse, guarantee, or make any representations or warranties regarding any other Site, or any content, materials or other information located or accessible from any other Site, or the results that you may obtain from using any other Site.

  8. Prohibited Uses: You are prohibited from posting to or transmitting through the Site any unlawful, threatening, defamatory, libelous, obscene, pornographic, vulgar, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition, you agree that you: (a) shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, malware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, (iv) constitute or contain false or misleading indications of origin, endorsement, or statements of fact; (b) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; (c) make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Site content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms; or (d) violate or attempt to violate the security of the Site . In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any lawful action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials or otherwise violating or attempting to violate this provision.

  9. No Warranty: TO THE EXTENT ALLOWED UNDER LAW, THE INFORMATION AND CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THES DISCLAIMERS MAY NOT APPLY TO YOU.

  10. Limitation of Liability: TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WEBTALK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WEBTALK AND ITS AFFILIATES (AND THOSE THAT WEBTALK WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, ARISING FROM OR RELATED TO THE SERVICES.

    EVENT SHALL THE LIABILITY OF WEBTALK AND ITS AFFILIATES (AND THOSE THAT WEBTALK WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID TO WEBTALK, IF ANY, OR (B) US $100.

    THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WEBTALK AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WEBTALK OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

    SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

  11. Revisions to these Terms of Use: These Terms of Use may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of the Site.

  12. Choice of Law; Jurisdiction: These Terms of Use supersede any other agreement between you and Webtalk to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site will be brought only in the courts of the State of Florida or the United States District Courts sitting in Pinellas County, Florida. By using the Site, you consent to the jurisdiction of such courts and that venue is proper in those courts. You hereby stipulate that a printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  13. Termination: You or we may suspend or terminate your account or your use of the Site or the Services at any time, for any reason or for no reason. On termination, you lose the right to access or to use the Services. We reserve the right to change, suspend, or discontinue all or any aspect of the Site or the Services at any time without notice.

  14. Contact Us: If you need to contact us, please contact us:

    By email at help@webtalk.co or use the contact information below:

    Webtalk, Inc.
    Attention: Support Team
    Address: PO Box 3176 St Petersburg, FL 33710