Talk Tinder To Me – Terms and Conditions

Talk Tinder To Me Terms & Conditions

Effective December 1, 2013

Talk Tinder Terms and Conditions

By using the talktindertome.com Website (the ‘Website’ or ‘Talk Tinder’ or ‘Site’ or ‘Company’), you are deemed to have agreed to these Terms and Conditions of use.  Talk Tinder may change the Terms and Conditions periodically and at any time, and without actual notice to you.  All such changes to these Terms and Conditions will appear on the Website.  By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them.  If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue the use of the talktindertome.com website.

ALL OF THE TEXT MESSAGES, POSTS AND ANY OTHER MEDIA/TEXT HEREIN, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED BY SCREEN SUGAR LLC, DBA TALKTINDERTOME.COM. NO PART OF THIS SITE, OR ANY OF THE CONTENT CONTAINED HEREIN, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.

User Submissions & Conduct

Talk Tinder and any communications service, including the capability to contribute material through the Submit Form (each  submission, a ‘Contribution’), message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the ‘Services’) are provided to you solely for entertainment purposes.  By using the Website and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Talk Tinder reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

  • The Website permits the submission of visual content (photos), comments or other materials (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions.  You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any such submissions.  You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website  or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  You agree that Company has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.   In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to Company’s full satisfaction upon its request that: (I) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use each and every image and text contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Website and this Agreement; (II) Specifically, you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement; and (III) Specifically, the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.  You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Website.
  • By submitting your User Submissions to talktindertome.com, you automatically give Company and its successors, assigns, and licensees and parent, subsidiary and other affiliated entities, a non-exclusive, fully-paid, worldwide, perpetual, royalty-free, irrevocable license to modify, translate, publicly display, publicly perform, distribute, and reproduce such User Submissions for any purpose, including, without limitation, for purposes of commerce, in any manner and in any medium, including, without limitation, in the form of commercial advertisements, through physical copies such as still photos, videos, and CDs, in merchandising, by television, or via the Internet or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery to hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast.  You obtain no rights in any products, media, or technology incorporating your User Submissions.
  • In connection with User Submissions, you further agree that you will not: (I) Publish falsehoods or misrepresentations that could damage Company or any third party; (II) Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (III) Post advertisements or solicitations of business; or (IV) impersonate another person.  Talk Tinder  does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all responsibility or liability in connection with User Submissions.  You understand that the technical processing and transmission of the Website, including your Content, may involve (A) Transmissions over various networks; and (B) Changes to conform and adapt to technical requirements of connecting networks or devices. Talk Tinder assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Website.
  • Talk Tinder reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length.  Talk Tinder also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice.  Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
  • In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the information in writing (see 17 U.S.C 512(c)(3) for further detail) via email at management@talktindertome.com.

Copyrights And Copyright Agent

Talk Tinder’s Terms and Conditions respects the intellectual property rights of others, and require that the individuals who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent below:

  • Individual Username, Home Address, Contact Number, and Email Address;
  • A brief description of the copyrighted work or works that you claim have been infringed upon;
  • A specific description with web link of where the alleged infringing material(s) is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Parental Permission

This Website is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children.  Talk Tinder may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Talk Tinder may limit access to certain content to users above a specified age.  You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Restrictions On Material Use

The content on this Website is intended for entertainment purposes only.  Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website.  Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to us at our address provided below.  If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Website.

Unsolicited Materials

In operating this site, Talk Tinder does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Talk Tinder mail and email addresses.  Any information or material submitted or sent to Talk Tinder, will be deemed not to be confidential or secret.  By submitting or sending information or other material to Talk Tinder you represent and warrant that the information is original to you and that no other party has any rights to the material.

By communicating with Talk Tinder, including submitting or sending Content, a Contribution or other information or material to the Website, you grant Talk Tinder the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Talk Tinder feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Talk Tinder.

You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ Websites (”Linked Sites”) from the Website or any other Talk Tinder website.  Linked Sites are not, however, reviewed, controlled, or examined by Talk Tinder in any way and Talk Tinder is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Talk Tinder’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon.  In no event shall Talk Tinder be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.  You should direct any concerns to that site’s administrator or webmaster.  Talk Tinder reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by us for any type of link to the Website.  To seek our permission, you may write to Talk Tinder.  We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.

Contests, Promotions, or Giveaways

From time to time, Talk Tinder may offer as part of the Services, either on or through the Website, contests, promotions, Giveaways (collectively, “Giveaways”).  To participate in Giveaways, individuals may be required to complete a registration form.  Upon submission, all registrations become the exclusive property of Talk Tinder. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Giveaway, unless the description of the Giveaways expressly invites a user to register multiple times.  Talk Tinder, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release Talk Tinder and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Giveaways located on, or accessed through, the Website.  Talk Tinder is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Giveaways.

Each Registered User agrees to be bound by the rules of any Giveaways and by the rules of fair play and consideration of fellow Registered User.  A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Giveaway is conducted, are subject to immediate disqualification and revocation of their registration.  Talk Tinder is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Giveaways may offer prizes to Registered Users.  All prizes are subject to the official game or contest rules published with that Giveaway.

Talk Tinder reserves the right to cancel, terminate or alter any Giveaways or the rules thereof at any time without prior notification.

Intellectual Property Rights

All materials contained in this Website are the copyrighted property of Talk Tinder and its affiliates or licensors.  As between Talk Tinder and you, Talk Tinder is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.  Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose.  You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.  All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so.  We urge you to read our privacy policy.

Disclaimer Of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, TALK TINDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. TALK TINDER DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

TALK TINDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE.  YOU (AND NOT TALK TINDER OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

IN NO EVENT WILL TALK TINDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (I) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF TALK TINDER OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (II) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TALK TINDER LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by Talk Tinder, you agree to defend, indemnify and hold Talk Tinder, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.  Talk Tinder reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Talk Tinder in asserting any available defense.

Applicable Laws / Jurisdiction

You agree that the laws of the State of South Dakota, excluding its conflicts-of-law rules, shall govern these Terms and Conditions.  Please note that your use of the Website may be subject to other local, state, national, and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with Talk Tinder or relating in any way to your use of the Website resides in the courts of the State of South Dakota, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of South Dakota, in connection with any such dispute and including any claim involving Talk Tinder or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate this site from our offices in Madison, South Dakota.  We do not represent that materials on the site are appropriate or available in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Persons who choose to access this site from other locations do so on their own initiative, and we are not responsible for compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

Any inquiries concerning these terms and conditions of use should be directed to our contact form.

Provisions Unenforceable and/or Invalid

If any part of this agreement is held as invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law(s) to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Talk Tinder’s prior written consent. Talk Tinder may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.

If you have any questions about these Terms or the site, please contact us at info@talktindertome.com.

For all advertising inquiries, please contact advertising@talktindertome.com.

Screen Sugar LLC

110 E. Center Street, Suite 2053

Madison, SD 57042