By using Talkuccino.com (the “Website”) or Talkuccino mobile application (the “Service” or “APP”), you will be initiating anonymous inbound phone calls to you and to other individuals. Minutes, Message and data rates may apply based on your phone plan.
Opt-in: As you register for the service you will specify your phone number and e-mail address, and you will agree to these Terms of Service.
Opt-out: To cancel your account and no longer receive messages or calls. You will have to contact us at support@Talkuccino.com and wait for a formal cancellation notification.
By using the Service of the Company, you are agreeing to be bound by the following terms:
We claim no intellectual property rights over the material you provide to the Service or Site. Your profile and the materials you upload remain yours. You can remove your content at any time by contacting the company and ask to delete your account.
The Company undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.
THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY THAT THE SITE OR THE SERVICES PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE SITE OR OUR SERVER, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING ANY SERVICES PROVIDED ON THE SITE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.
Limitation of Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE, EVEN IF THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SITE AND (2) THE COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE THE SERVICES PROVIDED ON THE SITE, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.
We will NEVER provide any of your personal contact information or exact location to anyone.
It is your choice to post your personal data and your location. You are solely responsible for the content and information you post.
We may log your activity on our site, but will NEVER share this with anyone.
When you text somebody or make a phone call, your personally identifiable information e.g. email, phone number, and exact location are kept completely private.
Persons under 18 years of age are not eligible to use our services.
We will not send unwanted or unnecessary messages.
We don’t share your personal information with third parties for marketing purposes.
We don’t engage in cross-marketing or link-referral programs with other websites.
We use inbound calls from a central location to both call legs, to keep your phone number private and to reduce 3rd party harvesting of phone numbers and spam.
Account information is password-protected. Always keep your password private.
We, or people who may call you or message you, may provide links to third-party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
Children’s Privacy Commitment
We do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Service from persons under 18 years of age. No part of the Service is intended to be used by persons under 18 years of age. If you are under 18 years of age, you are not eligible to use our services and please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information of persons under 18 years of age has been collected on the Service, then we will take the appropriate steps to delete such information.
When you register to use the Service you will be asked for some general identifying information that will enable us to provide you with individualized service. Once you have registered, you will be given the option of creating a pseudo name in your profile (screen name and personal description) within our community where your gender and preferences are applicable. We collect demographic information (e.g. age, gender, etc.). You will be asked for some personal but non-identifying information to complete your profile. This information is not linked in any way to your personally identifiable information, for other members to see. Obviously, if you provide us with a photograph (that you may choose to share with other users) your information may become personally identifiable information. For premium accounts, we may need to collect payment information. This information is not stored at the Service. Payment will be made through Apple Pay. We do not keep your financial information in way shape or form.
We may use your information to send you service updates, timely notices of promotions and/or other status updates to your mobile phone and/or email. We reserve the right to use your contact information at any time to advise you of any updates that may materially affect your rights or status on our services.
Your non-personally identifying information uploaded by you to complete your profile and your photo allow other members to find you through a search, allow other users to communicate with you, allow us to forward you further search results. The Service will send your non-personally identifiable information only to other users who may want to communicate with you.
Other users can view your photo (if you choose to post one). Your information and communication with other users of the services will be saved and stored in the interest of safety and security of all users of the services.
We may disclose information about users if required to do so by law or in the good-faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes.
Although the Service makes use of up-to-date technology in order to protect your photo from being copied or captured by unauthorized third parties, please keep in mind that we cannot ensure complete protection. By use of the Service, you are responsible for acquiring and owning all rights and licenses to any photos uploaded by you and agree the Service has full rights to publish and/or distribute such photos.
The Service keeps the information you have given us for as long as you are a user of the service or for as long as we are required to do so by law, whichever is longer.
By visiting the Service web site and providing us with data, you acknowledge and agree that due to the international dimension of the Service we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in or outside the United States. By providing us with your data, you consent to the transfer of such data.
This document, constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site and/or the APP. The failure of the Company to exercise or enforce any right or provision of the terms listed herein (the “Terms”) shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the APP under these Terms must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. These Terms and any claims hereunder shall be governed by and subject to the laws of the state of New York, without giving effect to any principles of conflicts of law.
Please contact us with any questions or feedback at Support@Talkuccino.com