Legal Notices
General Terms of Service
By subscribing to TalkStream (hereinafter referred to as "the Service"), the Customer accepts to use it in compliance with the Terms of Service stated below.
Whenever used in these General Terms of Service, the following terms shall have the meaning defined hereinafter. The "Implix" shall denote the Service Provider; "the Customer" shall refer to any natural person or entity that uses the Service available on the website TalkStream.com A 'media file' shall be construed and interpreted as an audio or an audio and video file. You, our valuable Customer, shall be provided with a tool for creating, developing, uploading, recording and publishing audio and video files on the Internet via your account, using the technology provided by Implix. The Customer shall receive an HTML code or URL address to be used for publishing media files.
Implix declares and the Customer expressly agrees that due to the data transfer requirements, the quality of a streamed media file might differ from the original file. The Customer realizes that the Service is provided on an "as is" basis.
1. Registration
1. The Service is provided to the registered users, hereinafter referred to as "the Customers". The Customer chooses their user name and receives the password, hereinafter referred to as the "login details". The Customer is responsible for keeping the secrecy of the login details.
2. On registration to the Service, the Customer agrees to:
a) fill out the registration form with current, complete, and accurate data;
b) choose an account type and a subscription plan;
c) pay in due time, all the fees accrued to the use of the Service;
d) maintain and promptly update their data as current, complete and accurate as possible;
e) comply with the following General Terms of Service as well as Implix's Anti-Spam Policy, or their amended versions, and any other policy developed, published and formulated by Implix;
f) transmit through the Service only such materials that they have full rights to use and publish on the Internet;
g) conform to the rules relating to the use of electronic means of communication in force in the country of the Customer's residence as well as the US laws and the rules of the European Union;
3. The Customer should represent that they either acts as a consumer or conducts a business activity and uses the Service for the purposes of such a business. The Customer is solely responsible for the content of their representation and all results of any misrepresentation in that matter.
4. The Customer gives their expressed consent that, within the Service, Implix will enable the Customer to transfer data up to a limit of 20GB a month.
5. The Customer gives their expressed consent that in any case the size of the single stream uploaded into the Customer account is up to a limit of 50MB.
6. The Customer gives their express consent to receive commercial information about products and services of Implix.
7. Upon subscription to the Service, the Customer expressly agrees to receive invoices issued by Implix by the electronic means of communication.
8. The Customer realizes that they are solely responsible for the content of materials, which are streamed by the means of the Service, and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind.
9. The Customer realizes that they are solely responsible for any actions or omissions related to the personal data processing or sending out electronic messages using the Service through their account.
10. The Customer expressly agrees that the use of the Service is at their sole risk.
2. Prohibited Practices
1. The Customer is not allowed to use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not engage and/or offer to sell any goods or services that:
a) are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another persons' privacy, tortuous, or otherwise violate Implix's rules or policies;
b) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) associate any content streamed through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
d) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;
e) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
f) impersonate any person or entity, including any of our employees or representatives;
g) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
h) offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
i) are associated with any form of gambling or lottery type services;
j) are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
k) are associated with the sale of:
(i) any controlled drug that requires a prescription from a licensed practitioner; or
(ii) any over-the-counter drug, or
(iii) nonprescription drugs;
l) are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
m) are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
n) market for:
(i) nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
(ii) alcohol of any kind;
(iii) drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
(iv) medical services, medical aid, medical assistance, medicines;
(v) video lotteries, cylindrical games, card games, dicing, and automated games;
o) use the Service to call on minors directly to purchase products or services;
p) encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;
q) take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
r) unreasonably show minors in dangerous situations, or
s) use the Service to affect the subconscious of a recipient.
3. The foregoing list is non-exhaustive of prohibited goods and services.
3. Payments
1. The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme and the General Terms of Service.
2. The subscription payment includes the down payment fee for (i) the subscription to the Service account of a chosen type, (ii) access to the media upload tools, (iii) access to the phone call-collect tool for the voice recording, (iv) access to the phone call-collect tool for the upload of testimonial recordings, (v) hosting the media files in the account, and (vi) data transfer limited to bandwidth of up to 20GB a month, (vii) monthly 100 toll-free minutes of connection with all Customer’s numbers inclusive for the voice recording and for the upload of testimonial recordings .
3. The data transfer shall be understood as the transfer of content from the Customer’s account to a recipient.
4. The Customer is obliged to pay bandwidth fee after exceeding the monthly limit of data transfer described in the subject 2 VI above. The fee is calculated for each additional commenced 1GB of data transfer monthly.
5. The Customer agrees to pay the bandwidth fee on a monthly basis in arrears, the bandwidth fee shall be calculated within the subscription payment.
6. If the Customer wishes to have a dedicated toll-free number, they are obliged to pay the additional monthly fee for providing this number to the phone call-collect tool for the upload of testimonial recording.
7. The Customer is obliged to pay the connection fee for every single minute of connection with their own toll-free numbers after exceeding the amount of free minutes described in the subject 2 VI above.
8. The Customer agrees to pay the connection fee on a monthly basis in arrears; the connection fee shall be calculated within the subscription payment.
9. The Customer agrees that Implix shall calculate all the additional fees under this Agreement including but not limited to the bandwidth fee and the connection fee based on the real amount of bandwidth and connections time and collect them with the subscription payment.
10. The Customer agrees to pay the subscription payment as a recurring payment, per the agreed payment plan. The amount of the recurring payment is based on the current price list, which is presented on the Service website, at the time of registration to the Service.
11. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan. Implix may change the fees for the following months at any time. Implix reserves, at its sole discretion, the right to change the fees for the Service subscription. The actual fees and prices are available at http://talkstream.com/default_offer.html. Upon a change, the new payment plan becomes valid starting from the following payment due date, unless you terminate the Service before that date. A termination notice should be received by Implix within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.
12. The bonus amount, which is the difference between the amount of the down payment and the recalculated payment, shall be kept by Implix on account of the following fees due to Implix.
13. Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt for each payment Implix will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by Implix by the electronic means of communication.
14. Upon the payment, Implix sends an email to the Customer, containing the payment confirmation receipt and an invoice.
4. Technical Requirements
1. Upon uploading a video file to the Service account, its format may be adjusted to the requirements of the Service. Such an adjustment might influence the video's quality or other file features.
2. Implix assures that the Service will work properly on Internet Explorer 6.0, or higher, or Mozilla Firefox web browsers with plugins that allow Flash technology. We assure and guarantee that media streamed of a previously uploaded media file will work properly if only you successfully uploaded a file in a recognizable format. You will find a list of recognizable formats on the Service's website.
3. You expressly consent that the quality of motion pictures or streamed media file might differ from the quality of the original file.
4. We guarantee, and you recognize, that the Service will work properly if you have a camera and/or a microphone and/or telephone that are recognized by your computer and your browser Flash plug-in.
5. Customer Support Service
1. Implix provides the Customers with Email and Live Chat Customer Support.
2. You may address all questions, doubts, and report any issues to the Customer Support Department via our web form and live chat. You should provide us with at least the account name and/or your name, so we can investigate the matter and provide you with our feedback. Implix does not investigate or take any actions based on "anonymous" support requests.
3. We ensure you that the Customer Support Department responds as soon as practicable. Normally the response shall be performed within two business days after receiving a request.
6. Complaint Procedure
1. You unconditionally accept that the Service is distributed on an "as is" basis without warranties of any kind, either expressed or implied.
2. In the event of the Service failure, you are requested to submit your complaint via the web form that can be found on the website or contact the Customer Support via Live Chat advised on the Service website.
3. On complaint, you should provide at least the account name and/or your name. We do not investigate or take any actions based on "anonymous" complaints. The Customer Support Department will investigate the problem as soon as possible and inform you how the issue will be or has been processed. You have the right to be informed about the progress of the matter. If a problem with the Service occurs, Implix assures to undertake all measures to solve it as soon as possible.
4. Implix stipulates and you acknowledge that we will not take any action once your complaint refers to the fact that the Service does not recognize your camera and/or microphone and/or a telephone.
7. Customer Obligations
1. The Customer ensures with no limits the due application of the General Terms of Service and appropriate law provisions regarding the publishing of the content on the Internet. Without any limitations, you are particularly obliged not to undertake any unlawful practices.
2. You should provide accurate and true registrant contact details and keep such contact details up to date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Implix has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
3. You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from our website, servers and/or the Service. You may not take any action which imposes an unreasonable or disproportionately large load on the website network or other Implix service infrastructure.
4. In the event of not receiving a payment or any other situation which causes failure to receive payment, or any charge back imposed on Implix that relates to your payment, Implix reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the Customer.
5. Implix reserves, at its sole discretion, the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders in the event the Customer was notified to be spamming or using the Service or any other Implix Services for illegal or expressly prohibited practices, or if the Customer was found infringing the Service or any other Implix websites or services.
6. Implix reserves the right to refuse any and all, current or future, use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these General Terms of Service, or arising from custom and other good commercial practices in the Internet.
7. Implix reserves the right to issue a warning should the Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer's account, terminating the Service, and/or reporting the Customer and the incident to proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.
8. Copyright
1. The Service software and all content included on our website, such as text, graphics, logos, button icons, images, audio clips and video tutorials, are the property of Implix or its content suppliers and protected by Polish, U.S. and international copyright laws.
2. No part of the Service website may be reproduced or transmitted in any form or by any means without written permission from Implix.
9. Trademarks
1. Implix, talkstream.com, TalkStream.com, TalkStream are trademarks of Szymon Grabowski and Implix in the Republic of Poland, the United States and other countries.
2. Trademarks of Simon Grabowski and Implix may not be used in conjunction with other companies' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.
10. Disclaimer of Warranties - Limitation of Liabilities
1. Implix does not guarantee any minimum response times nor deliverability times in connection with performance of the Service.
2. All relevant files on the Implix Server, including those containing personal Customer data and information stored and processed on Implix Servers through the Service, are backed up and stored in a fire and theft protected location which is separate from the location of the Implix servers.
3. IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
4. For breach or default by Implix of any of the provisions of these General Terms of Service, Implix's entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by Customer for the Service that is the subject of the claim in one month's immediately preceding the date the Customer notifies Implix of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Implix to the Customer.
5. IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF IMPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
6. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
7. Implix shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of Customer to comply with its obligations under this General Terms of Service.
8. Implix is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Implix's reasonable control. Implix is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which Implix could not foresee or suspect.
9. The Customer recognizes that Implix does not own or control other networks, information and systems outside of its own network, nor is Implix responsible for performance or non-performance within such networks. Implix exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the service provided.
10. Implix may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided Equipment, or Software used to deliver the Service provided that this does not have a material adverse effect on the Service.
11. Implix may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. Implix will give the Customer such notice of the maintenance as it is reasonably practicable in the circumstances, provided that, in the event of a scheduled maintenance that would last for more than one day, Implix will use reasonable efforts to give the Customer at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
12. The Customer acknowledges that the use of the Service is at Customer's sole risk and Implix is in no way responsible for the conduct of the Customer and/or the content of messages sent through using the Service. The Customer hereby indemnifies, and holds harmless, Implix and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgments and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the willful misconduct or negligent acts or omissions of the Customer or the Customer's officers, agents, employees or subcontractors. Implix shall notify Customer as soon as reasonably practical of any such claim, demand or cause of action for which Implix will require such indemnification from Customer. Implix will provide Customer with reasonable information and assistance for Customer to defend such claim, demand, or cause of action.
13. Implix shall not be responsible for the quality of media received by the final recipient.
11. Termination of the Service Agreement
1. The Customer may terminate the Service at anytime with an effect on the day in which the paid subscription to the Service has expired.
2. Unless expressly or explicitly mentioned in these General Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Section 4 of these General Terms of Service.
3. If the Customer wants to terminate the Service, they are required to send a cancellation request to the Billing Department through the web form., and provide at least the account name and their email address, no later than two business days prior to the recurring date.
4. Implix reserves, at sole discretion, the right to terminate the Service in the event of not receiving a due payment or a recurring payment.
5. Implix reserves, at sole discretion, the right to instantly terminate the Service in the event (i) the Customer is found to be using Implix services for spam activities or (ii) other abusive or illegal practices as mentioned in the Section 3 above, or (iii) does not conform to any of the Customer obligations as they are referred to in the Section 2 above. Implix reserves at sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
6. In aforementioned situations, the Service will be terminated with an immediate effect.
7. Any down payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. Implix will not perform any recalculation of the down payment amounts.
12. Final Provisions
1. The illegality, invalidity or unenforceability of any provision of these General Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
2. It is also understood and agreed by the parties that if any provision of these General Terms of Service is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, this General Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in this General Terms of Service.
3. Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the talkstream.com website, including these General Terms of Service, at any time without prior notice. The Customer agrees that their continued use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated General Terms of Service. The most current version of the General Terms of Service is available at any time at talkstream.com
4. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.
5. The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.
Terms of the TalkStream FREE TRIAL Account Service
By agreeing to these Terms of Service you shall become a Customer of TalkStream Free Account.
TalkStream Free Trial Account Service is available only for those Customers who have never used or tried a service, based on uploading, modifying and publishing a media file on the Internet in the past, under any Terms and Conditions provided by Implix.
The Customer expressly accepts that all the provisions of the TalkStream General Terms of Service ] shall be binding, except from the Terms as amended in these Terms of the TalkStream FREE TRIAL Account Service
Registration to the Trial Account, as well as data transfer limited to 20GB bandwidth and 100 phone minutes shall be free of charge for Free Trial users. However, it the limit is xceeded, an additional fee shall be calculated.
After a 30-day free trial time period you become a paid TalkStream user unless you notify us to withdraw from the Service. As a paid Customer you expressly agree to comply with the General Terms of Service.
However, if the Customer withdraws from the Service within the first 30 days from the initial registration to the FREE Trial Account, no payment shall be calculated.
The Customer of Free account acknowledges that the functionality of the Service may be limited during the initial subscription period.
This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.
The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.