Otalky Terms And Conditions
These terms are the Terms & Conditions that apply to all of Otalky's live chat services. By using Otalky, its IVR phone system, app, website ("Otalky"), or app, you, the user, accept the Terms & Conditions including all amendments made from time to time , as well as any other written agreement between us including any posted rules or guidelines (collectively "the Agreement"). If you do not wish to be bound by this Agreement, please do not use Otalky.
It is your responsibility to review this site and these Terms & Conditions from time to time and to familiarize yourself with any modifications to the Terms & Conditions. Your continued use of Otalky after such modifications will constitute your agreement to be bound by the modified Agreement.
The following terminology applies to these Terms and Conditions and any or all Agreements: "Member", "Client", "You", and "Your" refers to you, the person accessing this website and/or IVR phone system. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Otalky. Our website, the chatline and any mobile services are collectively referred to in this Agreement as the "Services". Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OTALKY. By using Otalky you expressly represent and warrant that you are at least 18 years or older and that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement. You further represent and warrant that you are not a convicted sex offender and you represent and warrant that you are not required to register as a sex offender with any government entity.
We grant to you a limited, non-exclusive license to access and use Otalky for your own personal, non-commercial purpose. You may not reproduce, redistribute, sell, create, reverse engineer, or disassemble any of the Otalky products or services. You may not assign or sublicense this Agreement to any individual or company.
Your right to use the services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.
The Privacy Policy governs your privacy rights. To use Otalky you will be required to provide certain information and data ("Personal Information", "Customer Data"), as well as maintain and update your Personal Information as required. By using Otalky, you agree that all information you provide is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. The information we obtain through your use of this site, including your Personal Information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms & Conditions. As such, please review the Privacy Policy as it details what information is collected, how the information is used, with whom we share that information, if any and what information, if any, you agree to share with third parties by using Otalky.
By using the Services you have agreed to our Privacy Policy. While we make every effort to protect your information and privacy, you acknowledge that Otalky cannot ensure the security or privacy of information you provide through the Internet and email, or while using the Services, and you release us from any and all liability in connection with the use by other parties of the information you provide. Otalky is not responsible for and cannot control the use by others of any information which you provide while using the Services, and you should use caution in selecting the personal information you provide to others through the Services. Otalky cannot assume any responsibility for the content of messages left by other Members, and you release the Company from any and all liability in connection with the content of any communications you may receive from other Members. Although audio and video recordings of other Members is prohibited under this Agreement, some Members may violate these restrictions and make recordings of you and/or any information that you may provide. You release Otalky from any and all liability in connection with the use of any such recordings by other parties.
A link from Otalky is not an endorsement or warranty of content found on third-party sites. You agree that Otalky is not responsible for content, information, or material found on third-party sites that you may be linked to through Otalky. You agree we are not responsible for content, accuracy, legality, decency, or intellectual property compliance, nor are these sites under Otalky's control. We encourage you to familiarize yourself with the Terms & Conditions and Privacy Policies of all third-party sites.
You agree to keep your password and membership information confidential and agree to keep your account private. You are responsible for all content posted and all usage of your membership account by third parties. You may not use your account to obtain unauthorized access to another member's account or to access another network or server. You shall not interfere with anyone else's use and enjoyment of Otalky or other similar services.
You agree to use Otalky in accordance with the following conduct guidelines:
We will investigate and take appropriate legal action at our sole discretion against anyone who violates any of the above conduct guidelines, including without limitation, removing the offending communication from Otalky and terminating the membership of such violators. You agree that Members who violate systems or network security may incur criminal or civil liability and be reported to relevant authorities.
Every Member Is solely responsible for his content when using Otalky. By using Otalky, you may encounter content that may be found offensive, indecent, or objectionable by some people, which may include explicit or suggestive language. You agree that Otalky has the right, but not the obligation, to monitor all customer information, messages, chat, and public postings. Where, in our sole discretion, customer data, messages, and public postings violate these Terms & Conditions, or any applicable law, or may negatively affect the goodwill of Otalky, this content may be deleted and/or reported to the relevant authorities.
You agree that Otalky has the right to cooperate with relevant law enforcement authorities for any systems or network security at other sites, for any violations of the law including of abusive conduct, fraudulent conduct or otherwise illegal activity or in the investigation of suspected criminal violations. You agree that Otalky may disclose any customer's personal information in order to cooperate with relevant law enforcement authorities without further consent or notification to you, upon a lawful request from a law Enforcement Agency.
In order to use the Otalky services, Members may purchase pre-paid monthly Membership packages. Memberships will be deactivated after thirty (30) days of non-usage. If your usage of the Services is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Membership packages cannot be transferred from one Member to another Member. All trial memberships may be deactivated or terminated by us at any time.
You agree to pay or cause to be paid all fees and charges incurred in connection with your use of the Services or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We reserve the right to correct any errors or mistakes made even if we have already requested or received payment. We may change our pricing and payment policies at any time, including our fees and charges in effect for using the Services, or add new fees or charges, by posting our new pricing on the website from time to time.
Members may use various payment methods which are posted on the website to purchase membership packages. We reserve the right to change the manner or method in which we charge Members for membership packages, and the method of payment which is acceptable to us, at our sole discretion. The terms of your payment will be based on your payment method and may be further determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method ("Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to pay immediately to us all amounts due from your use of the Services. Should your financial institution return or deny your payment transaction, you agree that we may collect a service charge of $40 USD or the maximum allowed by law. If we do not receive payment we reserve the right to refer your payment transaction to an outside collection agency and/or an attorney in which case you will be responsible for all costs, damages and fees that are incurred in the process of resolving any debt created by this transaction. You understand and acknowledge that your personal account information may be submitted to various credit bureaus and/or national verification systems. This may affect your personal credit rating and may block you from processing further transactions.
You are solely responsible for, and we will not accept any liability to you for any access or usage charges charged by a Carrier related to any device that you use to access the Services, including, without limitation, usage charges for mobile telephones including SMS messaging and/or data charges, Windows devices, car navigation systems, pagers, "smart phones" and other devices, whether wireless or wireline. Fees and payments are between you and your wire or wireless phone service provider and are subject to the terms and conditions you agreed to with your wire or wireless phone service provider. You also are responsible for any fees or charges incurred to access the Services, including but not limited to telephone charges, long distance charges or mobile phone charges including Messaging and/or Data charges.
You agree that we may at any time, and at our sole discretion, without prior notice to you, terminate suspend, disable, or delete your account including any part thereof, where it is determined that you have violated any provision of these Terms & Conditions, where your conduct violates the code of conduct, is abusive, fraudulent or illegal, or where your content may violate the Otalky's reputation or goodwill. In the event that your account is terminated, any license to use Otalky will likewise terminate. Otalky reserves the right to keep or delete the content of your account and shall not be responsible for the loss of the content. Otalky also reserves the right to delete any accounts which have been wholly inactive for more than thirty (30) days.
Otalky contains information and content proprietary to us, and/or our partners, or affiliates and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. To the extent possible, we assert full copyright protection over our Services. Unless otherwise stated, Otalky and/or it's licensors own the intellectual property rights for all material on Otalky. All intellectual property rights are reserved. Information posted by us, our partners, or our Users and Members may be protected whether or not it is identified as proprietary to us or to them.
You may view and/or print pages from Otalky.com for your own personal use subject to restrictions set in these Terms & Conditions.
You may not republish material from Otalky.com, sell, rent or sub-license material from Otalky.com, reproduce, duplicate or copy material from Otalky.com, or redistribute content from Otalky (unless the content is specifically made for redistribution). You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. Nothing in these Terms & Conditions grants you any right to use any trademark, service mark, logo, and/or the name of Otalky or its Affiliates. You agree to notify Otalky of any copyright, trademark or proprietary right infringement by a Member, posting, or message on this site by contacting CustomerSupport@Otalky.com.
Upon receipt of a notice of a claim of copyright infringement, Otalky may investigate, and/or immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and that Otalky may refer the complaint to the relevant Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
The following organizations may link to our website without prior written approval: government agencies; search engines; news organizations; online directory distributors (when they list us in the directory in the same manner as other listed businesses); and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve at our sole discretion other link requests. We will approve link requests from organizations if we determine that the link would not reflect unfavorably on us or our accredited businesses and the organization does not have an unsatisfactory record with us. If you interested in linking to our website, you must notify us in writing by an e-mail to CustomerSupport@Otalky.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Please allow 2-3 weeks for a response.
We reserve the right at any time and at our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these Terms & Conditions and linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these Terms & Conditions.
You acknowledge that Otalky and its related services, content, and material are provided on an "AS IS" basis and that use of Otalky's services is at your own risk. Otalky does not provide any warranty of any kind, express or implied, including, but not limited to warranties of quality, merchantability, or fitness for a particular purpose, or for the warranty of non-infringement. Otalky does not warrant that the service or material will be accurate, delay free, or reliable. There may be service interruption. Otalky is not responsible for damage or injury to you or your computer system or phone system as a result of use of its services. Otalky does not warrant that products, services, content, or information purchased or obtained from Otalky or its affiliates or partners will be free of errors, defects or mistakes or meet your expectations. We cannot guarantee and do not promise any specific results from use of our services.
You agree that Otalky may change services, content, including prices without any notice to you. Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
Exclusion of warranties may not apply in jurisdictions which do not allow exclusion of certain warranties.
Otalky is not responsible for screening its members, or ensuring you do not incur damages as a result of other members content, conduct, or actions and disclaims all liability that may be associated with your use of Otalky, its products, services or that of our partners or affiliates.
In no event shall we, our partner, or our affiliates be liable to you or any third party for any special, punitive, aggravated, incidental, indirect, direct or consequential damages of any kind or any damages whatsoever, including but not limited from the use of Otalky, its services, content, or as a result of content or information, or as a result of contact with a member of Otalky or as a result of agreeing to meet any member through Otalky. In no event shall we, our partners, or our affiliates be liable to you or any third party for any violations of the Terms & Conditions, including misrepresentation of your age. We shall not be liable in any way for contents, material uploaded, submitted by third parties, or for any good or services or third-party goods or services offered through Otalky.
You agree to defend, indemnify, and hold Otalky, its officers, directors, employees, agents, and our Partners and Affiliates harmless from all liabilities, claims, and expenses, including attorney fees, that arise from your use or misuse of Otalky and/or aby breach of these Terms & Conditions, including any misrepresentation of your ability to use the service or your age, and as a result of any complaints made by other parties against you. You agree to cooperate fully as reasonably required in the defense of any claim and in asserting any defenses available. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
We reserve the right to contact Members for the purpose of informing them of changes or additions to our services or of any of our related products and services, subject to our compliance with any relevant laws and regulations. We reserve the right to disclose information about your usage of Otalky and demographics in forms that do not reveal your personal identity. Your use of Otalky constitutes your consent to such disclosures and communications subject to the terms of our Privacy Policy.
Otalky may employ automated monitoring devices or techniques to protect our Members from mass unsolicited communications (also known as "SPAM") and/or other types of electronic communications that we deem inconsistent with our business purposes. Otalky shall not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Otalky accounts may have a limited storage capacity and as such may delete or block communications or content that exceed the limit. We will not be responsible for such deleted or blocked account content.
This Agreement will remain in full force and effect while you are a Member of Otalky. As a Member, you may terminate your membership at any time by ceasing to use or access Otalky, or by contacting our Customer Support at 470-243-3670; however, you will not be refunded any monies paid for your membership upon such termination.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms & Conditions. If we terminate your Membership because you have breached this Agreement, you will not be refunded any monies paid for Otalky services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This Agreement, along with your Membership and your use of the Otalky services shall all be governed by the laws of the State of Georgia in the United States of America, excluding its conflicts of law rules. You agree to submit to the personal jurisdiction of courts located in the State of Georgia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the following provision regarding arbitration.
You agree that by entering into these Terms & Conditions, you are waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind. All claims against Otalky, its Owners, Partners, and/or Affiliates, must be brought in the Party's individual capacity. This Waiver applies to class arbitration, and, unless otherwise agreed to by Otalky, the arbitrator may not consolidate more than one person's claim.
Otalky may be accessible worldwide, but there are NO REPRESENTATIONS OR WARRANTIES that materials on this site are appropriate or available for use in jurisdictions outside of North America. Furthermore accessing Otalky from jurisdictions where the content is illegal is absolutely prohibited. Where you choose to access or use Otalky from other jurisdictions, you agree that you do so on your own initiative and are responsible for compliance with local laws. Any product, service, and/or content made in connection with Otalky or offer for product, service or content is void where prohibited.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of support@otalky.com or to the address provided at the end of these Terms & Conditions. Notices to you may be sent to the address supplied by you as part of your membership account. Otalky may broadcast notices or messages through the service to inform you of changes to Otalky, its services, content, terms, and such broadcasts shall constitute notice to you at the time of sending. Otalky may update these Terms & Conditions at any time and that further shall constitute notice at the time of the update.
You may not assign this Agreement or any of your rights to use Otalky to anyone. Otalky may assign any or all of its rights and duties under this Agreement or related to Otalky to any third party, and where assumed by a third party, Otalky shall be relived of any and all liability under this Agreement.
These Terms & Conditions constitute the entire agreement between you and Otalky regarding the use of its services. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, the term shall be severed from the agreement with the remaining portion of the Agreement remaining in full force and effect. Any failure by us to enforce or exercise any provision of these Terms & Conditions or related rights shall not constitute a waiver of that right or provision.
These Terms & Conditions may be modified by us from time to time, such modifications to be effective upon posting on the website. If you do not agree to any modifications, you should terminate your use of Otalky's services. Your continued use of the Services now or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Except as explicitly noted on this site, the services available through this site are offered by Otalky. If you notice that any user is violating these Terms & Conditions, please contact us at support@otalky.com.
Mailing Address:
Otalky
P.O. Box 392
Dallas, GA 30132