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Terms of Service

Purpose of Service

Talk Fusion®, Inc. provides Users with Video Email Services (the “Products and Services”). Unless explicitly stated otherwise, any new features that enhance the current version of the Products and Services, including the release of new features, shall be subject to the Terms of Service. User understands and agrees that the Products and Services are provided “as is” and that Talk Fusion assumes no responsibility for: the failure to store any User communications or personalization settings, for loss or damage to User’s data, messages, or property of any nature.

User Obligations

In consideration of use of Talk Fusion Products and Services, User agrees to: (a) provide true, accurate, current and complete information as required on the User Application and (b) maintain and promptly update the User profile to keep it accurate, updated and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, Talk Fusion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Talk Fusion has the right to suspend or terminate User’s account and refuse any and all current or future use of the Products and Services.

Account Modifications

If your profile needs to be updated, you may do so by logging into your Talk Fusion Account and electronically submitting the new data or by emailing your updated information to Support@talkfusion.com.

Passwords

User is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under User’s account. Talk Fusion is not responsible for any misappropriation, loss or damage of any other nature caused in whole or in part from User’s failure to maintain the confidentiality of User’s password. Users waive, release and remise any and all claims, defenses, objections, demands, complaints, damages and causes of action against Talk Fusion, whether arising in tort, contract, equity or some other basis, arising from or relating in any way to such failure by a User. You may change your password by logging into your Talk Fusion Account at any time.

Inactive Accounts

If a Talk Fusion Video Email Account is inactive for a period of 60 days or greater, Talk Fusion reserves the right to delete all account records which include any video content.

Conduct

User acknowledges that Talk Fusion cannot possibly review all content before it is sent, but that Talk Fusion and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via Talk Fusion. Specifically, User agrees not to use the Products and Services to transmit or communicate any form of abusive, obscene, vulgar, defamatory, libelous, slanderous, hateful, threatening, harassing, or sexually oriented content, or involving racial, sexual, or religious discrimination, including any other material that may violate any applicable laws or be determined to be generally offensive by reasonable moral standards. User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User and not Talk Fusion, is entirely responsible for all content that the User emails, transmits or otherwise makes available via the Products and Services. Talk Fusion does not control the content transmitted via the Products and Services and, as such, does not guarantee the accuracy, integrity or quality of such content, nor does it endorse the content in any fashion. Under no circumstances will Talk Fusion be liable in any way for any content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content, emailed, transmitted or otherwise made available via Talk Fusion.

User agrees to not use the Products and Services to:

  1. Email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way;
  3. Email, transmit or otherwise make available any unauthorized advertising, promotional materials, “junk mail,” or “spam”;
  4. Impersonate any person or entity, including, but not limited to, a Talk Fusion employee, official, or falsely state or otherwise misrepresent its affiliation with a person or entity;
  5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Talk Fusion;
  6. Email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Email, transmit or otherwise make available any content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. Email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or third party;
  9. “Stalk” or otherwise harass another or collect or store personal data about other Users; interfere with or disrupt the Talk Fusion product or servers or networks connected to Talk Fusion, or disobey any requirements, procedures, policies or regulations of networks connected to Talk Fusion;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations set forth by the U.S. Securities and Exchange Commission, The Federal Communications Commission and any rules of any national or other securities exchange.

Spamming Prohibited

Users may not distribute content by use of the distribution lists or to any person or entity who has not given specific permission to be included in such process. Spamming or distribution of chain letters or junk mail is prohibited. Users may not distribute content that is unlawful, harassing, libelous, slanderous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or which could give rise to civil liability or otherwise violate any applicable federal, state, local, national, or international law or regulation. Users may not, directly or indirectly, send emails or other forms of commercial electronic messages to any person or entity in violation of any federal or state law. Failure to respond to a SPAM notice shall also constitute grounds for immediate suspension or termination of User’s account.

General Practices

User agrees that Talk Fusion or third-party consultants have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Talk Fusion or via use of the Products and Services.

Delivery

Talk Fusion has passed an extensive audit process to ensure that our Video Email sending practices and infrastructure adhere to industry best practices. When it comes to email sending, reputation is a measure of confidence that an IP Address, email address, or sending domain is not a source of SPAM. Similarly, you can build your reputation with Talk Fusion by sending high quality Video Emails. Excessive SPAM complaints and bounces will negatively impact your reputation and cause Talk Fusion, if deemed necessary, to temporarily pause or terminate your Talk Fusion Account. A high-quality email is an email that recipients find valuable and want to receive. Ultimately, your deliverability rests on the quality of the emails that you send, because email providers can defer or block emails they consider to be SPAM or low quality. Please note that Talk Fusion does not control the deliverability policies of every ISP and therefore does not guarantee that every Video Email you send will be delivered to the inbox of your intended recipient.

Cancellation

User agrees that Talk Fusion, at its sole discretion, may remove and discard any content within the Products and Services, for any reason or if Talk Fusion believes that User has violated or acted inconsistently with the letter or spirit of the Terms of Service. User agrees that any termination of his or her access to Talk Fusion for violation of these Terms of Service may be effected without prior notice, and acknowledge and agree that Talk Fusion may immediately deactivate or delete his or her account and all related information and files in his or her account and/or bar any further access to such files. Further, User agrees that Talk Fusion shall not be liable to User or any third-party for any termination of its access to the Products and Services.

Contact Us

If you have questions regarding this Privacy Policy, please contact us at
support@talkfusion.com or by mail at:
Talk Fusion
1321 Kingsway Road
Brandon, FL 33510 USA