RealTalk Terms of Service
Table of Contents
By creating a RealTalk account through a website or mobile application (the "Service") you agree to be bound by
(i) these Terms of Service,
(ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and
(iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices.
You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with RealTalk, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction - meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition, you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
By using our Service you create an account with RealTalk. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. You are solely responsible for all activities that occur under your account. If you think someone has gained access to your account, please immediately contact us at RealTalk@ghwbj.com.
RealTalk is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in the Privacy-Policy, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). RealTalk may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
Though RealTalk strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.
You are solely responsible for your interactions with other users.you understand that realtalk does not conduct criminal background checks on its users or otherwise inquire into the background of its users. realtalk makes no representations or warranties as to the conduct of users.
RealTalk grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by RealTalk and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without RealTalk's prior written consent.
express or imply that any statements you make are endorsed by RealTalk.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
"frame" or "mirror" any part of the Service without RealTalk's prior written authorization.
use meta tags or code or other devices containing any reference to RealTalk or the Service (or any trademark, trade name, service mark, logo or slogan of RealTalk) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other users' Content or information without our written consent.
use, access, or publish the RealTalk application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized use of the Service, including termination of your account.
By creating an account, you grant to RealTalk a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other users (collectively, "Content"). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other RealTalk users).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to RealTalk above.
You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You agree that RealTalk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates therights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of the Company or any other person.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, "stalk," intimidate, harass or defame any person.
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
use another user's account.
create another account if we have already terminated your account, unless you have our permission.
RealTalk reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that RealTalk regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
Although RealTalk reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and RealTalk cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via RealTalk@ghwbj.com.
In App Purchases. From time to time, RealTalk may offer products and services for purchase ("in app purchases") through iTunes, Google Play or other application platforms authorized by RealTalk (each, a "Software Store"). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow the instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the RealTalk application from your device. Deleting your account with RealTalk or deleting the RealTalk application from your device does not cancel your subscription; RealTalk will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
RealTalk Purchases. If you choose to make a purchase through RealTalk, you agree to pay RealTalk all charges at the prices displayed to you for the service you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize RealTalk to charge your chosen payment provider (your "Payment Method"). RealTalk may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, RealTalk may terminate your account immediately in its sole discretion.
If you purchase a subscription through RealTalk, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please go to the settings of the Service and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information in the settings of the Service. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide refunds.
Other Virtual Items. You may be able to purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use "Virtual Items". You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when RealTalk ceases providing the Service or your account is otherwise closed or terminated. RealTalk, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. RealTalk may manage, regulate, control, modify or eliminate Virtual Items at any time. RealTalk shall have no liability to you or any third party in the event that RealTalk exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by RealTalk that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT RealTalk IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not RealTalk. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through RealTalk: please contact us at RealTalk@ghwbj.com with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or RealTalk (you can find this on your confirmation email).
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent via email to RealTalk@ghwbj.com.
RealTalk will terminate the accounts of repeat infringers.
RealTalk provides the Service on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by applicable law, RealTalk makes no warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Service (including all content therein). This includes, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. RealTalk does not represent or warrant that: (a) the Service will be uninterrupted, secure, or error-free; (b) any defects or errors in the Service will be corrected; or (c) any content or information you obtain on or through the Service will be accurate.
RealTalk assumes no responsibility for any content that you, another user, or a third party posts, sends, or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
To the fullest extent permitted by applicable law, in no event shall RealTalk, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits (whether incurred directly or indirectly), or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to, use of, or inability to access or use the Service; (ii) the conduct or content of other users or third parties on, through, or following use of the Service; or (iii) unauthorized access, use, or alteration of your content, even if RealTalk has been advised of the possibility of such damages.
Notwithstanding the foregoing, in no event shall RealTalk's aggregate liability to you for any and all claims arising out of or relating to the Service or this Agreement exceed the amount paid, if any, by you to RealTalk during the twenty-four (24) month period immediately preceding the date you first file a lawsuit, arbitration, or other legal proceeding against RealTalk, whether in law or equity, in any tribunal. This limitation applies: (i) regardless of the basis of liability (e.g., default, contract, tort, statute); (ii) irrespective of the type of breach of obligations; and (iii) with respect to all events, the Service, and this Agreement.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless RealTalk, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
This Agreement, with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and RealTalk regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your RealTalk account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind RealTalk in any manner.
