Agreement Between User and gotalk
The CardCall website is comprised of various web pages operated by gotalk Limited
The CardCall website is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the CardCall
website constitutes your agreement to all such terms, conditions, and notices.
gotalk reserves the right to change the terms, conditions, and notices under which
the CardCall Web Site is offered, including but not limited to the changes associated
with the use of the gotalk web sites and CardCall Web Site.
Links to Third Party Sites
The CardCall Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of gotalk and gotalk is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. gotalk is not responsible
for webcasting or any other form of transmission received from any Linked Site.
gotalk is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by gotalk of the site or any association
with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the CardCall Web Site, you warrant to gotalk that
you will not use the CardCall Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the CardCall Web Site in
any manner which could damage, disable, overburden, or impair the CardCall Web Site
or interfere with any other party's use and enjoyment of the CardCall Web Site.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the CardCall Web
Use of Communication Services
The CardCall Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations. gotalk has no obligation to monitor
the Communication Services. However, gotalk reserves the right to review materials
posted to a Communication Service and to remove any materials in its sole discretion.
gotalk reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
gotalk reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in gotalk's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. gotalk does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, gotalk specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized gotalk spokespersons, and their views
do not necessarily reflect those of gotalk.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
Materials Provided to gotalk or Posted at Any gotalk Website
gotalk does not claim ownership of the materials you provide to gotalk (including
feedback and suggestions) or post, upload, input or submit to any CardCall Web Site
or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting gotalk, its
affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. gotalk is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in gotalk's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE CardCall Web Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. gotalk AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE CardCall Web Site AT ANY TIME. ADVICE RECEIVED
VIA THE CardCall Web Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
gotalk AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE CardCall Web Site FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"WITHOUT WARRANTY OR CONDITION
OF ANY KIND. gotalk AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL gotalk AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE CardCall Web Site, WITH THE DELAY OR INABILITY TO USE
THE CardCall Web Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE CardCall Web Site, OR OTHERWISE ARISING OUT OF THE USE OF THE
CardCall Web Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN
IF gotalk OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CardCall Web Site, OR WITH ANY OF
Termination / Access Restriction
gotalk reserves the right, in its sole discretion, to terminate your access to the
CardCall Web Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of the State of New South Wales and you hereby consent to the exclusive
jurisdiction and venue of courts in that State in all disputes arising out of or
relating to the use of the CardCall Web Site. Use of the CardCall Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
gotalk as a result of this agreement or use of the CardCall Web Site. gotalk's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of gotalk's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the CardCall
Web Site or information provided to or gathered by gotalk with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and gotalk with respect to the CardCall Web Site and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and gotalk with respect to the CardCall
Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
Copyright and Trademark Notices
All contents of the CardCall Web Site are: Copyright 2011 gotalk and/or its suppliers.
All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure For Making Claims of Copyright Infringement
Notifications of claimed copyright infringement under copyright law should be sent
to gotalk General Counsel.