ActiiTalk Terms and Conditions
Date of Last Update: December 15, 2021.
These Terms and Conditions(the “Terms”) constitute a legally binding agreement made between you (“you”) and ActiiTalk Limited having its principal office located at M314, The Admiral Building, 4 Maple Leaf Industrial Estate, Bloxwich Lane, Walsall, WS2 8TF, the UK with company registration number: 13344627(“we,” “us” or “our”) concerning your downloading, installing, accessing and using of the ActiiTalk Mobile Application(the “App”). You agree that by downloading, installing, accessing and using the App, you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the App and you must discontinue your use immediately.
Supplemental terms and conditions that may be added on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so at their discretion and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ActiiTalk App is an instant messaging social media app aiming at connecting people with similar interests. In the App, people may find other people involved in the same activity or thinking about the same thing as they are at the same time and want to talk about it.
The App may be used for the following purposes:
Through the App, people may:
From having conversations about your favourite TV shows and movies to books and sports, from learning something new (languages, skills etc.) to sharing recipes about food, from buying and selling your stuff to finding someone to date or new friends, the possibilities are endless and it all happens in one place at one time on the App.
The App offers an upgraded membership for its users with which the users may enjoy the advertisement-free version of the App with some extra features.
Definition of Your Content. The App enables you to post interests, activities and add posts, texts, photos, videos, links and files to share with others. All material that you upload, publish or display to others via the App will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the App, Your Content may be viewed by the general public.
Ownership. You or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content subject to the non-exclusive rights granted to us below.
License and Permission to Use Your Content. By submitting, posting or displaying Your Content on the App, you grant us and our affiliated companies a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the App or the promotion, advertising or marketing of the App or our business partners, in any media or distribution methods (now known or later developed). You agree that this license includes the right for App to make Your Content available to other companies, organizations, business partners or individuals who collaborate with us for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the App or through other media or distribution methods. This license also includes the right for other users of the App to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms.
The App may remove your posts or activities. Once you post an activity, it may be edited or deleted by App at any time. Any edits and changes made by you may be visible to other users. The right for App to copy, display, transmit, publish, perform, distribute, store, modify and otherwise use any activity you post and sub-license those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in these Terms.
You acknowledge and agree that the App may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of App, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content to transmit, display or distribute it over computer networks, devices, service providers and in various media. We may also remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the App or in violation of our Terms.
Your Responsibilities for Your Content. By posting Your Content on the App, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any relevant parties, to use Your Content and grant us the rights to use Your Content as provided for under these Terms, and ii) posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate App’s policies or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person because of Your Content.
The App may include advertisements, which may be targeted to people, content or information on the App, queries made through the App, or other information, to make them relevant to you. The types and extent of advertising by App are subject to change. In consideration for App granting you access to and use of the App; you agree that App and its third-party providers and partners may place such advertising on the App. If you wish to become an advertiser, you will be required to enter into separate agreements with us about providing advertising services on the App.
The App may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such links, websites or resources.
Certain features or services may require that you enter into a separate and supplemental written agreement before use.
Unless otherwise indicated, the App is our proprietary property and except the intellectual property rights (including articles, logos, trademarks and content) of the third party news websites, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by applicable copyright and trademark laws and various other intellectual property rights and unfair competition laws and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only.
Subject to these Terms, you are granted a limited license to access and use the App. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
By using the App, you represent and warrant that: (1) all user information you will submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration user as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the App for any illegal or unauthorized purpose; and (6) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the App (or any portion thereof).
To use some or all of the functionalities and services provided through the App, you may be required to register an account. At the time of registration of an account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information. Upon verification of details, App may accept account registration applications.
You represent, warrant and covenant that:
You must not allow any other person to use your account to access the App. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You must not use any other person's account to access the App unless you have that person's express permission to do so.
If you register for an account with the App, you will be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password.
You must notify us by emailing us if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
We hereby grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly following these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.
These Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
These Terms and your use of the App are governed by and construed following the laws of the United Kingdom applicable to agreements, without regard to its conflict of law principles.
There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the App; (3) breach of these Terms; (4) any breach of your representations and warranties outlined in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the App to manage the App, as well as data relating to your use of the App. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the App, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you have a complaint regarding the App or would like to receive further information regarding the use of the App, please contact us:
ActiiTalk Limited M314, The Admiral Building, 4 Maple Leaf Industrial Estate, Bloxwich Lane, Walsall, WS2 8TF, UK email@example.com
You agree the following User Code of Conduct applies to you as a User of the ActiiTalk mobile Application (the “App”).
You may not access or use the App (as defined in the Terms) for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
Following terms govern Refund and Cancellation policy of ActiiTalk mobile application (the “App”):
If you have any queries regarding Refund/Cancellation, please contact us at firstname.lastname@example.org