Last updated: 23rd July 2017
Welcome to SmallTalk
These SmallTalk Service Terms (these “Terms”) explain the relationship between Trysmalltalk (“SmallTalk”, “TrySmallTalk”, “we” or “us”) and you when you (i) access and use trysmalltalk.com and its related domains and Chrome extensions (together, the “Site”) and/or (ii) download, install, use and in some cases purchase SmallTalk’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site or Google Chrome extension (the “SmallTalk Services”).
These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the SmallTalk Services. Unless otherwise indicated, “SmallTalk Services” as used throughout these Terms includes the public areas and the SmallTalk Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the SmallTalk Services.
Description of Service
SmallTalk is an email recording service. You understand and agree that the SmallTalk Service is provided on an AS IS and AS AVAILABLE basis. SmallTalk disclaims all responsibility and liability for the availability, timeliness, security or reliability of the SmallTalk Service. SmallTalk also reserves the right to modify, suspend or discontinue the SmallTalk Service with or without notice at any time and without any liability to you.
Use of SmallTak Service
You are responsible for providing the equipment and services that you need to access, download, install and use the SmallTalk Services. SmallTalk does not guarantee that the SmallTalk Services are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SmallTalk; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SmallTalk reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Content of the Service
The SmallTalk Services allow you to upload, transmit and use information and other content to and through the SmallTalk Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that SmallTalk will use Your Content to provide the SmallTalk Services to you. You have or will obtain all rights necessary to provide Your Content to SmallTalk and you hereby grant SmallTalk a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for SmallTalk to provide the SmallTalk Services to you in accordance with these Terms.
Intellectual Property Rights
SmallTalk’s Intellectual Property Rights. You acknowledge that SmallTalk owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the “SmallTalk Rights”), and such SmallTalk Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The SmallTalk Rights include rights to (i) the Service developed and provided by SmallTalk; and (ii) all software associated with the Service.
Your Intellectual Property Rights. SmallTalk does not claim any ownership in any of the content that you upload, transmit or store in your SmallTalk account. We will not use any of your content for any purpose except to provide you with the Service.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to SmallTalk to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
After a period of inactivity, whereby a user fails to login to an account for a period of nine months, SmallTalk reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
You agree to indemnify and defend SmallTalk and its affiliates, directors, officers, employees and agents from and against all Claims brought against SmallTalk by any third party arising from your use of the SmallTalk Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section apply to any applicable actions taken under your Account. SmallTalk reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of SmallTalk may be made without SmallTalk’s prior written approval.
Modifications to Terms
We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the SmallTalk Services after the “Last Revised” date at the top of this page. Your continued access or use of the SmallTalk Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the SmallTalk Services and will destroy any copy (full or partial) of any and all parts of the SmallTalk Services in your possession or control. Termination will not limit any of SmallTalk’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7, 8 and 15 will survive any termination or expiration of these Terms.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the SmallTalk Services by any authority.
You agree that a breach or a threatened breach of these Terms will cause injury to SmallTalk for which money damages will not provide an adequate remedy and SmallTalk will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Choice of Law
If you have any questions about these Terms, please contact us at firstname.lastname@example.org