TERMS OF USE iTalkBB TV

1. Introduction

Thank you for using iTalkBB TV, a service provided by iTalk Global Communications, Inc.(“iTalkBB”). Your use of iTalkBB TV including apps and all digital content (“Service”) is subject to these Terms of Use.

To use the Service you must download the iTalkBB TV App at any of the following sites:

Apple Store:
https://apps.apple.com/us/app/id1463739440

Google Play:
https://play.google.com/store/apps/details?id=com.italkbbtv.phone

iTalkbbtv.com:
Please scan the QR Code at https://italkbbtv.com

All references to “us, we, our” are reference to iTalkBB. All references to “you and your” are references to the customers excepting these Terms of Use.

2. Binding Contract

By registering for and using iTalkBB TV you confirm that you are 12 years age or more, that any information you submit to iTalkBB is true, accurate and complete, and that you agree the Terms of Use and our Privacy Policy. If you register an account with iTalkBB you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account and password. You agree that you will ensure that your account information is kept accurate and up-to-date at all times.

We reserve the right to modify these Terms of Use and our sole discretion without advance notice.

3. Your Use of iTalkBB TV

Access to and Use of Content. The Service and all content (“Content”), including all copy rights, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”) are owned and controlled by iTalkBB, its licensors, and certain other parties. All right, title, and interest in and to the Content and Intellectual Property available with the Service is the property of iTalkBB.

Your right to use the service and view Content is subject to your strict compliance with these Terms of Use, as amended from time to time. These rights are non-exclusive, limited, and revocable by us at any time of sole discretion without advance notice or liability.

4. Subscription and Fees

No subscription or subscription fees are required for your use of Service or access to Content. In the event that iTalkBB offers a Premium paid service at any time in the future, such Premium paid service would be subject to a separate contract. In the event, that iTalkBB offers a Premium paid service all applicable taxes, fees, surcharges or other government imposed charges shall be added in addition to the cost of Premium paid service

5. Third-Party Fees

You are responsible for any access and data fees from any third-party (for example, Internet provider or mobile carrier) in connection with your use of Service and viewing of Content.

6. The iTalkBB Services

The quality of streaming Contents may vary from device to device and maybe affected by variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. ITalkBB makes no representations and warranties about your watching experience on your display you must connect to the internet throughout your streaming experience. ITalkBB TV Service or specific Contents may only be available in certain geographic locations.

You are expressly prohibited from copying, reproducing, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the Content or any portion thereof.

Upon identification of any unauthorized use of Service by you, we reserve the rights to discontinue the Service at any time, without prior notice or liability

7. Rights and Restrictions

License to use Content.
After completing a transaction or paying applicable fee for Content, you will have non-exclusive right, solely and expressly permitted in these Terms of Use to store, access, view, use and display of the applicable Content on your devices for your personal, non commercial use only. All rights not expressly granted to you in these Terms of Use are reserved to iTalkBB. Your use of certain apps and other software may be governed by additional terms and conditions of the end user licenses between you and your provider.

Restrictions.
You may not:

display any content as part of any public performance or display even if no fee is charged.
sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, or assign any Content to any third-party.
use Content as part of any sharing, lending, or multi-person use.
remove any watermarks, labels, logos, trademarks, or any other legal or proprietary notices included on any Content, including any modification for the purpose of disguising or changing any indication of the ownership or source of Content.

8. Digital Millennium Copyright Act

iTalkBB is committed to respecting the legal rights of copyrights owners. ITalkBB complies with Section 512(c) (3) of the DMCA (17 U.S.C. Section 512 et seq.). If you believe any of Content and infringe upon your intellectual property rights, please submit a notification alleging such infringement to: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com.

9. Termination; Terms of Use Violation

You agree that iTalkBB, in its sole discretion, for any or no reason, and without penalty, may terminate any account you may have with iTalkBB or your use of the Service Content and remove discard all or any part of your account at any time. If your account is terminated for any reason, or no reason, you agree that iTalkBB will not be liable to you or any third-party for any such termination. Your only remit with respect to any dissatisfaction with Service, any term of these Terms of Use, any policy or practice of iTalkBB in operating Service, or any Content is to delete your account with iTalkBB and discontinue use of any and all parts of the Service.

10. Indemnification

You agree to indemnify, save and hold harmless iTalkBB, its affiliated companies, contractors, employees, officers, board members, agents, and its third-party suppliers, licensors, and partners from and against any claims, losses, damages, liabilities, including without limitation, legal fees and expenses, arising out of your use or misuse of the service or any violation of these Terms of Use. ITalkBB will use reasonable efforts to notify you any such claim, action or proceeding upon becoming aware of it.

11. Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITALKBB, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, INCLUDING THE PROVIDERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITALKBB OR THROUGH THE ITALKBB SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM ITALKBB INCLUDES ITALKBB'S OFFICERS, AFFILAITES, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

YOU EXPRESSLY AGREE THAT USE OF THE ITALKBB SERVICES IS AT YOUR SOLE RISK. THE ITALKBB SERVICES AND ANY MATERIALS, CONTENT, DATA, INFORMATION, THIRD-PARTY SOFTWARE, SUBTITLE SUBMISSIONS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ITALKBB SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

ITALKBB, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PROVIDERS DO NOT WARRANT THAT THE MATERIALS, CONTENT, DATA, SUBTITLE SUBMISSIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ITALKBB SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

ITALKBB, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITALKBB SERVICES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, CONTENT, MATERIALS, OR DATA THROUGH THE ITALKBB SERVICES SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

12. Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ITALKBB SERVICES, OR ANY OTHER INTERACTIONS WITH ITALKBB, EVEN IF ITALKBB OR A ITALKBB AUTHORIZED APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ITALKBB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ITALKBB SERVICES OR YOUR INTERACTION WITH OTHER ITALKBB SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ITALKBB SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON THE THIRD-PARTY SERVICE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN ITALKBB AND RECEIVED THROUGH OR ADVERTISED ON THE THIRD PARTY SERVICE SITE OR RECEIVED THROUGH THE ITALKBB SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ITALKBB HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ITALKBB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ITALKBB. ITALKBB WOULD NOT BE ABLE TO PROVIDE THE ITALKBB SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13. Ability to Accept Terms of Use

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iTalkBB without restriction.

15. Notices, Questions and Customer Service

You agree we may give you notices by mail or email or in any other reasonable manner elected by us. All legal notices to us must be sent to: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com. If you have question regarding Service, you may contact iTalkBB service at 1-877-482-5522.

16. Governing Law; Disputes and Dispute Resolution

All disputes shall be governed by the laws of State of Texas, without regards to its conflict of laws provisions. Jurisdiction and venue for any controversy, allegation, or claim arising or relating to Service, Content, these Terms of Use or any modification thereof (collectively, “Dispute”) shall be in Travis County, Texas. You hereby submit to personal jurisdiction and venue in Travis County,Texas.

17. Class Action Waiver

Both you and iTalkBB waive the right to dispute as a class, consolidated, representative, or private attorney, and general action, or to participate in any such action regarding any Dispute brought by anyone else.

18. Complete Agreement; No Waiver

These Terms of Use, as amended or modified from time to time, reflect our complete agreement regarding Services and Content and supersede any prior agreement, representation, warranties, assurances or discussions related to Service or Content.

19. Contact Us

If you have any questions concerning these Terms of Use, please contact: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com. If you have any questions regarding the Service, you may contact iTalkBB Customer Service at 1-877-482-5503.

Copyright iTalk Global Communications, Inc. - 2019