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Terms and Conditions of Use
Terms & Conditions
Terms of Service Last Modified: 2017-02-19
In General
gotoTalks (“www.gotoTalks.com”) owns and operate this Website.  This document governs your relationship with gotoTalk] (“www.gotoTalks.com”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by gotoTalks. gotoTalks has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
1. Accepting the Terms of Service
Please read these Terms of Service carefully before using gotoTalks.com (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by GotoTalks (all of those collectively with the Site, the "Services"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. 
2. Modifications to this Agreement
GotoTalks reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your GotoTalks Dashboard or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. 
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services. 
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services. 
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time GotoTalks received your prepayment. 
As GotoTalks grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know.
3. Use of the Services
Eligibility:
No individual under the age of thirteen (13) may use the Services, provide any personal information to GotoTalks, or otherwise submit personal information through the Services (including, for example, a name, location or email address). You may only use the Services if you can form a binding contract with GotoTalks and are not legally prohibited from using the Services. You have to be at least 13 years old to use GotoTalks.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. GotoTalks retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. GotoTalks may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. GotoTalks may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). GotoTalks may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion. 
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of GotoTalks and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GotoTalks (and only pursuant to those terms and conditions) or unless permitted by GotoTalks's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services. 
4. Registration, GotoTalks URLs, and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and GotoTalks username, which will serve as a default link to your default GotoTalks account.
You agree to provide GotoTalks with accurate, complete, and updated registration information, particularly your email address. 
It's really important that the email address associated with your GotoTalks account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify GotoTalks immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password. 
5. Privacy
For information about how GotoTalks collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by GotoTalks. 
6. Content and Subscriber Content
Definitions:
For purposes of this Agreement: (1) the term "Content" means a gotoTalks event (Standard Event or Gold Event); (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content. 
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and GotoTalks and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content. 
You retain ownership you have of any intellectual property you post to GotoTalks.
Subscriber Content License to GotoTalks:
When you provide Subscriber Content to GotoTalks through the Services, you grant GotoTalks a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing GotoTalks to operate the Services in accordance with their functionality, improve the Services, and develop new Services. 
When you upload your contents to GotoTalks, you’re giving us permission to make them available in all the ways you would expect us to (for example, through the GotoTalks Front Page). We never want to do anything with your work that surprises you. 
You also agree that this license includes the right for GotoTalks to make all publicly-posted Content available to third parties selected by GotoTalks, so that those third parties can syndicate and/or analyze such Content on other media and services. 
An example of what it means to "make all publicly-posted Content available" to a GotoTalks partner for distribution or analysis would be licensing the GotoTalks "firehose," a live feed of all public activity on GotoTalks, to partners like search engines.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us. 
Content License to You:
As a Subscriber of the Services, GotoTalks grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). 

7. Meetings at Venues
Through our Platform we provide tools that enable our users to arrange physical meetings (a gotoTalks Standard Event or Gold Event) at venues that include, but are not limited to, public libraries, hotels, schools, companies, and private homes (in limited cases). We do not supervise these meetings and are not involved in any way with the actions of any individuals at these meetings. As a result, we have no control over the identity or actions of the individuals who are present at these meetings, and we request that our users exercise caution and good judgment when attending these meetings.
Because we do not supervise or control the gotoTalks events or interactions among or between participants to these meetings, and because we are not involved in any way with physical transportation to or from these meetings, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of these meetings, you agree that you bear all risk and you agree to release us (gotoTalks) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with the organization of these events through our website
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, GotoTalks shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of reblogging, for example). 
8. Use of Trademarks
Any use of GotoTalks's trademarks, branding, logos, and other such assets in connection with the Services shall be in accordance with our policy. So please contact us for that purpose.
9. Paid Services
Some of the Services require payment of fees (the "Paid Services," including without limitation the Gold Events). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges. 
GotoTalks may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. 
Purchases of Paid Services are final and could be partially refundable at GotoTalks's sole discretion and in accordance with the rules governing each Paid Service. Event fees are not refundable. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
GotoTalks may change its prices for Paid Services at any time. To the extent applicable, GotoTalks will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect. 
10. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, GOTOTALKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GotoTalks makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. GotoTalks also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from GotoTalks or through the Services, will create any warranty not expressly made herein. 
11. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with GotoTalks must be filed within one year after such claim arose; otherwise, your claim is permanently barred. 
You further release, to the fullest extent permitted by law, GotoTalks and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, GotoTalks (the “GotoTalks Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following: 
•	Disputes between Subscribers, including those between you and other Subscribers.
•	The acts of third parties generally (i.e., individuals or entities who are not GotoTalks or a GotoTalks Affiliate), including third party sites and services.
•	Disputes concerning any use of or action taken using your Account by you or a third party.
•	Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOTOTALKS AND THE GOTOTALKS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GOTOTALKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GOTOTALKS AND THE GOTOTALKS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S). 
13. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you. 
14. Termination
Either party may terminate this Agreement at any time by notifying the other party. GotoTalks may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, GotoTalks may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. 
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to GotoTalks or any third party. 
15. Choice of Law and Venue
You and GotoTalks agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and GotoTalks otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution. 
16. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and GotoTalks with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with GotoTalks's prior written consent. GotoTalks may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind GotoTalks in any respect whatsoever.
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