TalkTV Terms of Use

TalkTV provides a personalized subscription streaming service that allows our members to access entertainment content over the Internet on certain Internet-connected Smart TV's, android devices, certain computers, smartphones, and tablets.

The streaming service is provided to you by TalkIT, LLC. You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "TalkTV service", "our service" or "the service" means the personalized service provided by TalkTV for discovering and accessing content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the TalkTV account and whose payment method is charged.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH TALKIT, LLC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Membership

1.1. Your TalkTV membership will continue and automatically renew until terminated. To use the TalkTV streaming service, you must have Internet access and a ready device such as a “Google TV”, “Google Chromecast” or “Amazon FireTV or Firestick” and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).

Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by TalkIT, LLC at its sole discretion and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. Members of households with an existing or recent TalkTV membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent TalkTV membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Billing and Cancellation

3.1. Billing Cycle. The membership fee for the TalkTV service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date. The length of your billing cycle will depend on when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, if your paid membership began on a day not contained in each month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.

3.2. Payment Methods. To use the TalkTV streaming service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your TalkTV membership at any time, and you will continue to have access to the TalkTV service through the end of your billing period. To cancel, go to the support portal page located on the teamtalkit.com website, type in your reasons for canceling in the description field and submit, or call (940)-665-3529. If you cancel your membership, your account will automatically close at the end of your current billing period.

3.4. Changes to the Price. At any time, the price of our service may change; however, any price changes will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change, you can cancel your subscription before the change takes effect.

3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

TalkTV Service

4.1. You must be at least 18 years of age to become a member of the TalkTV service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

4.2. The TalkTV service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your TalkTV membership, we grant you a limited, non-exclusive, non-transferable right to access the TalkTV service and TalkTV content through the service. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.

4.3. You may access TalkTV content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. Not all TalkTV content may be available in the ad supported subscription plan. The number of devices on which you may simultaneously watch is five (5) per membership account.

4.4. The TalkTV service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces and promotional features.

4.5. You agree to use the TalkTV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:

(i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the TalkTV service;

(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the TalkTV service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

(iii) use any robot, spider, scraper or other automated means to access the TalkTV service;

(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the TalkTV service;

(v) insert any code or product or manipulate the content of the TalkTV service in any way;

(vi) use any data mining, data gathering or extraction method;

(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TalkTV service, including any software viruses or any other computer code, files or programs.

We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.6. The quality of the display of the TalkTV content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. TalkTV makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching TalkTV content will vary based on several factors, including your location, available bandwidth at the time, the TalkTV content you have selected and the configuration of your TalkTV ready device.

4.7. The TalkTV software is developed by, or for, TalkTV and may solely be used for authorized streaming and to access content from TalkTV through TalkTV ready devices. TalkTV software may vary by device and medium, and functionalities may also differ between devices. By using TalkTV service, you agree to receive, without further notice or prompting, updated versions of the TalkTV and related third-party software. If you do not accept the foregoing terms, do not use our service.

4.8. By using TalkTV service, you agree to look solely to the entity that manufactured and/or sold you the TalkTV ready device for any issues related to the device and its compatibility with the TalkTV service. We do not take responsibility or otherwise warrant the performance of TalkTV ready devices, including the continued compatibility with our service.

Passwords and Account Access. You are responsible for any activity that occurs through your TalkTV account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold to protect you, TalkTV or our partners from identity theft or other fraudulent activity. TalkTV is not obligated to credit or discount a membership for holds placed on the account by either a representative of TalkTV or by the automated processes of TalkTV. If your TalkTV ready device is sold, lost, or stolen, please deactivate the TalkTV ready device. If you fail to log out or deactivate your device, subsequent users may access the TalkTV service through your account and may be able to access certain of your account information.

Disclaimers of Warranties and Limitations on Liability

6.1. THE TALKTV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TALKTV SERVICE, ARE PROVIDED "AS IS'' AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TALKTV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TALKTV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TALKTV SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TALKTV READY DEVICES, AND TALKTV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TALKTV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. DEPENDING ON YOUR SUBSCRIPTION PLAN, YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS ON THE TALKTV SERVICE. TALKTV DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT TALKTV IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Arbitration Agreement

7.1. You and TalkTV agree that any dispute, claim, or controversy arising out of or relating in any way to the TalkTV service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TalkTV are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your TalkTV membership.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to TalkTV, by certified mail, a written Notice of your claim ("Notice"). The Notice to TalkTV must be addressed to: TalkIT, LLC, 6616 FM 902, Gainesville, TX 76240 ("Notice Address"). If TalkTV initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by TalkTV, must;

(a) describe the nature and basis of the claim or dispute; and

(b) set forth the specific relief sought ("Demand"). If TalkTV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TalkTV may commence an arbitration proceeding or file a claim in small claims court.

7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after TalkTV receives notice at the Notice Address that you have commenced arbitration, TalkTV will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

7.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TalkTV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of TalkTV 's last written settlement offer made before an arbitrator was selected (or if TalkTV did not make a settlement offer before an arbitrator was selected), then TalkTV will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND TALKTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TalkTV agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void

Miscellaneous

8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of law’s provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

8.2. Unsolicited Materials. TalkTV does not accept unsolicited materials or ideas for TalkTV content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TalkTV. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TalkTV and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

8.3. Feedback. TalkTV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the TalkTV service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TalkTV service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the TalkTV Support Portal, which is accessible through the teamtalkit.com website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your device. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will be controlled.

8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.6. Changes to Terms of Use and Assignment. TalkTV may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all our business or assets related to the applicable TalkTV service.

8.7. Communication Preferences. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.