TERMS & CONDITIONS
LINKS TO OTHER WEBSITE
COPYRIGHT AND TRADEMARKS
DISCLAIMER OF WARRANTY
GOVERNING LAW; ARBITRATION
TEENS TALK TERMS AND CONDITIONS
1. Modification to the Website
TT has the right to modify, suspend, or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. TT may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
2. Your Account
You may be required to create an account to use some features of the Website, including by setting a password. You are solely responsible for the confidentiality of such password (and account generally). We reserve the right to delete or change your username or password at any time and for any reason. We are under no obligation to accept any account registration, and may accept or reject any registration in or sole and complete discretion.
3. Discussion/Commenting Guidelines
TT allows users to submit materials for viewing by other visitors to the Website (including comments). TT may also make available message boards (the “Forums”). TT reserves the right, but has no obligation, to monitor submitted materials and Forums and edit, modify, or delete any materials which TT in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to TT.
You are solely responsible for the content of any transmissions you make to the Website or any materials you submit to the Website, including to any Forum or otherwise (the “Communications”). In all cases, you shall not upload to, or distribute to, or otherwise publish any Communication which:
constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
is obscene, indecent, pornographic, profane, sexually explicit, or abusive; constitutes or contains false or misleading indications of origin or statements of fact;
slanders, libels or defames any person or entity;
causes injury of any kind to any person or entity;
infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
violates any applicable laws, rules, or regulations; or
contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
TT does not endorse or accept any Communications as its own or representative of its views.
4. Public Communications
You acknowledge and agree that any Communications made to, or by means of, any portion of the Website are public. You acknowledge that:
you have no expectation of privacy in any Communication and
no confidential, fiduciary, contractually implied, or other relationship is created between you and TT by reason of your transmitting a communication to any area of the Website.
By transmitting any Communication to the Website, you grant to TT a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such communication in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, 'moral rights,' or any similar rights under any jurisdiction.
5. Information Provided on the Website
You acknowledge that any reliance upon any opinion, statement, or other information displayed or distributed through the Website is at your sole risk. TT reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that TT is not responsible for any materials posted by users of the Website or any other Communications. Prior to making any decisions based on information posted on the Website, you are advised to verify the information. TT accepts no liability arising from your acts or decisions based upon the information provided on the Website.
6. Links to other Websites
The Website may contain links and references to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by TT of any third-party site or any materials contained therein. TT does not control, and is not responsible for the availability or accuracy of such third-party sites or any information, content, products, or services accessible from such third-party sites.
7. Copyright and Trademarks
TT reserves all rights to its trademarks. You may not use any trademarked material of TT without the prior written consent of TT. All other trademarks and works that appear on the Website are the property of others and must not be used without prior written consent from the owner.
All materials on the Website, including, without limitation, text, images, software, audio and video clips, databases, e-mails, and posted comments (collectively, the “Content”) are owned or controlled by TT or its licensors, which retain all right, title, and interest in and to the Content. Your posting of material on the Website or providing material to TT (other than as subject to a 'Distribution Agreement' with us) to use on the Website will be deemed a non-exclusive perpetual, unrestricted license by you to TT of the material, including the right to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works, and you waive all rights of attribution and integrity with respect to the material. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
Post only material that is yours; that is, post only material to which you own the copyright or have the express written consent of the copyright holder. Direct quotes from published materials must be clearly cited if the poster does not have the written permission of the copyright holder. Any material, or subset of material, posted without permission of the copyright holder will be removed if we learn of such posting without permission. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of TT.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of TT or its employees, licensors, independent contractors, providers, and affiliates (collectively, “Affiliates”) without the prior written permission of TT or the relevant Affiliate. In addition, you may not use our trademarks: in, as, or as part of, your own trademarks or those of any third parties;
to identify products or services that are not those of TT;
in a manner likely to cause confusion; or
in a manner that implies inaccurately that TT sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
8. Digital Millennium Copyright Act (DMCA)
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), we reserve the right to remove any Contributions or other material on the Website which allegedly infringes another person’s copyright. We are under no obligation to scan such Contributions or other material posted for any violations of third party rights.
If you believe that any material available on or through the Website infringes upon a copyright you own or control, please immediately notify our designated agent here using the contact details set forth herein (each, a “Notification”).
Notification Contents. Such Notification shall include:
Identification of the URL of the Website and the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient for us to contact you, such as your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the owner (or are the copyright owner itself) of an exclusive right that is allegedly infringed; and
Your signature (as the copyright owner or the person authorized to act on behalf of such owner).
Notwithstanding the foregoing, we reserve the right to not take action on a Notification that is not in compliance with the DMCA.
Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a Notification, you may send us a request asking for the allegedly infringing material to be restored by contacting our designated agent using the contact details set forth herein (a “Counter-Notice”). Such Counter-Notice, at a minimum, includes:
Identification of the copyrighted work (or works) that was removed by us and the URL of the Website and location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
Your name, address, telephone number and, if available, email address;
A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or the State of Massachusetts if your address is outside of the United States;
A statement that you will accept service of process from the person (or an agent of such person) who provided the Notification to us;
A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your signature (as the copyright owner or the person authorized to act on behalf of such owner).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally sent us the Notification requesting the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to not take action on a Counter-Notice that is not in compliance with the DMCA.
Designated Agent Contact Details:
You acknowledge and agree to indemnify and hold TT, their affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Website (including related services), your violation of these Terms, or the infringement by you or made under your account(s) of any intellectual property or other right of any person or entity.
10. Limitation of Liability
YOU UNDERSTAND THAT MATERIAL MADE AVAILABLE BY TT IS A PRODUCT OF A COMMUNITY OF AUTHORS AND ARTISTS AND DOES NOT NECESSARILY REPRESENT THE VIEWS OF TT. TT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED. TT ALSO DOES NOT ACCEPT LIABILITY FOR, OR ENDORSE ANY VIEWS OF, THIRD PARTIES INCLUDING BUT NOT LIMITED TO OTHER WEBSITES LINKED ON TT PLATFORMS.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL TT, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR TT, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE WITHIN THE TWELVE (12) MONTHS PRIOR TO SUCH LIABILITY ARISING. YOU HEREBY RELEASE TT AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
11. Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TT MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY TT. TT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Governing Law; Arbitration
This Agreement shall be governed by the laws of the State of Massachusetts, without regard to conflicts of law principals thereof. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Massachusetts. The arbitration shall be conducted on a confidential basis by, and pursuant to, the rules of JAMS. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a neutral arbitrator and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed by a court of competent jurisdiction in the State of Massachusetts.
You may end your legal agreement with TT by deactivating your account and ceasing to use the Website. TT also reserves the right to restrict, suspend, or terminate your access to the Website in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms. If TT terminates these Terms based on a breach of any portion of these Terms, TT reserves the right to refuse to provide use or access to any Services to you in the future. You acknowledge that TT shall not be liable to you, or any third party, for any termination of your access to this Website.