By accessing or using any Talkback Product, the User confirms that he/she has read and agreed to be legally bound by the Terms, which may be amended from time to time. User’s continued use of any Talkback Product will be deemed to constitute User’s acceptance of such amended Terms or of any change in the Terms by Talkback, in any form, whether it is following a notification by Talkback or not. Please read the Terms carefully and review them from time to time to remain up to date. You can contact us if you have any questions at firstname.lastname@example.org
Access and use of Talkback Products is permitted in compliance with the following Terms and all applicable laws. In order to register and use Talkback Products, User confirms that he/she has read the Terms below and agree to abide by them. User hereby affirms to use Talkback in an ethical, responsible and secure manner and agree to:
Talkback allows User to post “content” which includes but is not limited to photos, videos, comments, links, and other information, subject to its Terms. Content User posts or makes available through Talkback Products is referred to as "User Content." User retain all rights & liabilities in, and is solely responsible for the User Content that he/she posts or uploads in any manner or form using Talkback Products.
User grants Talkback and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute content that he/she makes available through any means on Talkback. Nothing in these Terms shall restrict other legal rights Talkback may have with regard to User Content or any other content, for example under other licenses. Talkback reserves the right to remove, move or modify any content including User Content for any reason. Such reason may include Talkback’s belief that the content in question violates applicable laws, these Terms or any other policy. User further agrees that Talkback and its third-party providers and partners may place advertisement(s) on the Talkback Products or in connection with the display of content or information from the Talkback Products whether submitted by User or others. Furthermore, Talkback grants the operators of public search engines permission to use spiders to copy materials from the Talkback products for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Talkback reserves the right to revoke these exceptions either generally or in specific cases.
Talkback may retain User Content for a commercially reasonable period of time for backup, archival, or audit and legal purposes even after an account has been deactivated or terminated. Talkback and its users may also retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of User Content that other users have stored or shared through Talkback, subject to its Terms.
Talkback values its Users. To make User’s Talkback experience even better, Talkback invites User feedback and suggestions, which may be submitted to Talkback through email@example.com. User agrees to submit feedback and suggestions with the understanding that Talkback is free to use them without any compulsion, restriction or compensation to User. In accepting User’s feedback, no rights are waived by Talkback to use feedback that may be similar, obtained from or submitted by other sources, previously submitted to Talkback or developed by its employees or affiliates.
Subject to these Terms, Talkback grants User a limited, non-exclusive, non-transferable, and revocable license (Talkback License) to use Talkback Products. Talkback reserves the right to revoke access to or prevent the use of (temporarily or permanently) Talkback Products or any features within the Talkback Products to User. Talkback may also remove or refuse to distribute any content on the Talkback Products without liability to User. Talkback also retains the right to determine and limit the use and storage of Talkback Products at its sole discretion.
To use Talkback for commercial purposes, User must create a business account and agree to our Business Terms of Service. In case of business accounts, in addition to the Terms as stated in Clause I. 1 above, the terms as stated in the Business Terms of Service shall also constitute part of the legally binding agreement between Talkback and User and all references to the word Terms in this agreement shall also be deemed to include reference to the Business Terms of Service. By accessing or using any Talkback Product through a business account, User confirms that he/she has read and agreed to be legally bound by the Terms, which may be amended from time to time. User’s continued use of any Talkback Product will be deemed to constitute his/her acceptance of such amended Terms or of any change in the Terms by Talkback, in any form, whether it is following a notification by Talkback or not. Please read the Terms carefully and review them from time to time to remain up to date. User can contact us if you have any questions at firstname.lastname@example.org.
Talkback has adopted and implemented the Talkback Copyright Policy. For more information, please read our Copyright Policy. Talkback provides User with reporting tools (flag post) to help protect his/her intellectual property rights.
Talkback Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Talkback. Talkback does not endorse or assume any responsibility for any such third-party sites, information, materials, products, services or other such content. If User accesses any third party website, service, or content from Talkback, he/she does so at his/her own risk and agrees that Talkback will have no liability arising from his/her use of or access to any third-party website, service, or content
If User accesses and uses Talkback through a mobile phone or any other device, please be aware that his/her carrier's data rates and fees will still apply. In the event that User changes or deactivate his/her mobile phone number linked to his/her Talkback account, he/she will update his/her account information on Talkback within 48 hours to ensure that information associated with User account is his/hers and does not belong to any person other than User.
Talkback does not endorse any User or User Content. Further, Users may not explicitly or implicitly state that Talkback, in any way and through any means, endorses them or User Content.
If User violates the letter or spirit of these Terms, or in case of business accounts violate the Business Terms of Service, or any applicable law, or infringe any rights from which legal liability arises, Talkback may stop providing all or part of Talkback Products to User. Talkback may terminate or suspend the Talkback License at any time, with or without cause or notice to User. User may be notified by Talkback of such termination or suspension by email or when User attempts to access his account next. User may also delete or disable his account at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: III 2 & 3, XIII, XIV, XV, XVI, XVII, XVIII & II.
User access and use of Talkback Products will expose him/her to content from variety of sources. User acknowledges and agrees that User, and not Talkback, bears sole responsibility for content they share and they are under obligation to ensure it does not infringe on rights, violate Talkback’s Terms or any applicable laws and regulations. While accessing and using Talkback Products, should User be exposed to content that is inaccurate, offensive, violates our Terms or applicable laws and regulations, User agrees to waive any legal or equitable rights he/she may have with respect to Talkback, to the maximum extent permitted by applicable law, and User agrees to indemnify and hold harmless Talkback, its owners, shareholders, employees, operators, officers, affiliates, subsidiaries, licensors and licensees to the fullest extent allowed by law regarding all matters related to User’s access and use of Talkback.
To the maximum extent permitted by applicable law User agrees to indemnify and hold harmless Talkback and its owners, shareholders, employees, operators, officers, affiliates, subsidiaries, licensors and licensees from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) User’s access to or use of Talkback Products, (b) User Content, or (c) breach of any of these Terms by User (d) violation of any third party right by User.
To the maximum extent permitted by law, Talkback shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or any intangible losses, resulting from (a) User’s access to or use of or inability to access or use the talkback products; (b) any conduct or content of any third party on the Talkback products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of User’s transmissions or content.
Except as expressly provided herein, if Talkback has not been able to resolve the dispute with User informally, User and Talkback agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief including but not limited to those for prevention of the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights), arising out of or in connection with or relating to these Terms or the Business Terms of Service, through binding arbitration in accordance with the provisions of the Arbitration Act, 1940 and rules made thereunder and any statutory modifications thereto. The arbitration proceedings shall be conducted in Islamabad and any award issued by the arbitrator shall be filed before the court of competent jurisdiction in Islamabad to be made rule of court.
These Terms and Business Terms of Service shall be governed by the laws of the Pakistan, without respect to its conflict of laws principles. With regard to any claim or action that is not arbitrable as stated in Clause XVI above, User and Talkback agree to submit to the jurisdiction of the courts of Islamabad. User agree that any claim arising out of or related to User’s relationship with Talkback must be filed within one year after such claim arose; otherwise, such claim will stand permanently barred and such bar will be valid notwithstanding anything to the contrary in the governing law.