Welcome to the Talk City Community

All use of Talk City, its web site and any free or subscription services offered by Talk City, including but not limited to: use and/or ownership of any chat rooms on Talk City , use of Talk City discussion boards, or any game, or other product or service (Collectively the "service") are subject to the terms of this agreement and the policies, agreements and instructions for the use of this agreement and the policies herein and/or on the web site and posted by Talk City, are hereby incorporated herein. The term "user" includes any person or entity ordering and/or using the service, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the service. Talk City means Talk City, a service of Mzinga.

Any user, by ordering and/or using the Talk City services agrees to be bound by the terms and conditions of this agreement. If the person or entity ordering or using this service is acting on behalf of another person or entity, he/she represents and warrants that he/she has the power and authority to use the service and to enter into this agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.

All Users agree to be bound by the terms and conditions of this Agreement and acknowledge and accept that:

Talk City acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. Users must use their own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to Talk City. Talk City cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, Talk City cannot always confirm that each User is whom they claim to be or that they can deliver services or make payments. Talk City cannot control the information provided by Users. Users' information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the Service.

Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. You should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If you have a medical or psychiatric emergency, call your physician or 911 immediately. Talk City is not a referral service and Talk City does not endorse or recommend the use of any professional services. You must use your judgment to determine when it is necessary to consult with a provider who is local, licensed in your state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise you, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or for high risk activities.

Modification and Termination

Talk City reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users' access to the Service, without notice to Users.

Without limiting other remedies, Talk City may immediately issue a warning, temporarily suspend, indefinitely suspend your use of the Service and refuse to provide our services to you for any reason, including without limitation, violation of any one or more of Talk City's City Standards or the terms described in paragraph c. below or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if Talk City is unable to verify or authenticate any information you provide to Talk City; or (3) if Talk City believes that your actions may cause legal liability for you, our users, or to Talk City. Such termination or suspension of services may be without refund, at Talk City's sole discretion.

IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING TALK CITY'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.

Eligibility and Security

Authorized use of the Service is available only to persons who are at least 13 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, Talk City does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. 

Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User's password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User's account, password or any personally identifiable information.

Information

User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, billing and credit card information and all other personally identifiable information provided by the User. Users agree that Talk City may use this information as described in Talk City's Privacy Policy. Users may not share, or transfer paid membership accounts.

User Conduct

USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If Talk City has notice that a User has violated this term of user, Talk City may, in its sole discretion, either (1) warn the user that the User is in violation of this term of the Agreement, (2) remove the material from our site or (3) terminate the User's access to the Service without warning.

User shall not (i) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code or (ii) modify or attempt to modify the Service in any manner or form.

User will not take any actions, which may undermine the integrity of the user referral system, or the User feedback system used to solicit feedback from Users.

User will not create obscene, profane, threatening, defamatory, or hateful user screen names, room names, topic names, welcome messages, or comments in any area of the Service.

User will not solicit Credit Card numbers for goods or services, nor engage in any commercial activity on the Service which Talk City has not expressly, and previously authorized.

User will not solicit for advertisers or sponsors.

User will not display advertising or sponsorships of any kind on Talk City message boards or in other service areas, including banners that are generated by banner or link exchange services, with the sole exception of those placed there by Talk City or its affiliates;

User will not interfere with the operation of any official help boards, chats, or other services, or impede the ability of Talk City employees to perform their duties.

User shall (i) use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations; (ii) not interfere with the use and enjoyment of the Service by other Users; (iii) not interfere with or disrupt the Service or sources or networks connected to the Service; (iv) shall comply with all requirements, procedures, policies and regulations posted on the Service by Talk City from time to time and/or any networks connected to the Service; (v) not use the Service in a manner which may result in the breach of any Agreement by User with any third party; (vi) will not transmit through the Service any unlawful, harassing, defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening, harmful, misleading, obscene or otherwise objectionable material of any kind; (vii) not use the Service for the placing of wagers or bets or other gambling activity; (viii) not use the Service in a manner that promotes or contributes to the delinquency of a minor or solicit a minor in any way through the Service; (ix) not attempt to gain unauthorized access to other computer systems or networks connected to the Site; x) not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings; (xi) not use any information or material on this site for marketing or solicitation; (xii) not transmit broad solicitation for employees, consultants, contractors or for participation on their Web sites; (xiii) not use Service for purposes of multi-level marketing proposals, for example, offering to help participants "get rich quickly" , "lose weight now" or "make money surfing the Web," and (xiv) not transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from our Users, our Employees, or the system itself.

User Billing and Payment

Any user who subscribes to or uses any paid Talk City service is responsible for payment of fees at the rate listed by Talk City. The user authorizes Talk City to collect such fees immediately by debiting the user's credit card or through the immediate collection of other forms of payment, electronic or otherwise. The user further gives Talk City permission to automatically renew premium subscription services and collect associated fees unless the user opts out of automatic renewal. (Subscribers may log in to their Account Status page to turn off automatic renewal.)

Subscription Refunds

Users who subscribe to a Talk City premium subscription service are entitled to a refund within seven days of purchase. No refunds shall be issued after seven days have elapsed. Users whose memberships are terminated or revoked by Talk City for Terms of Service or City Standards violations forfeit any right to a refund for subscriptions paid to Talk City for membership and/or the use of premium services.

Representations, Warranties and Acknowledgments

Warranty Disclaimer

THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. Talk City EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL Talk City BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE.

USER AGREES TO HOLD HARMLESS AND INDEMNIFY Talk City, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER'S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.

Release and Waiver

USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Talk City and its employees and agents from any and all liability for claims, damages (actual and consequential). Costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

Services

Talk City reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. Talk City will announce any change in the price of the program on its website prior to any such change taking effect.

By posting on message boards, participating in chat rooms, or creating any other content (excluding private email communication), you will be deemed to have granted Talk City perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.

If ordering merchandise and/or services from anyone other than Talk City, through any commercial service offered via an official Talk City partnership or affiliate, via Talk City, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Talk City makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.

If you operate a chat room, message board, member profile, blog, photo gallery, or other service of Talk City that generates more than two (2) gigabytes of bandwidth per month, Talk City reserves the right to discontinue that service.

Copyrights and Copyright Agent

Talk City has adopted and implemented a policy that provides for the termination of services in appropriate circumstances of Users who infringe on copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Talk City with the following information required under 17 U.S.C. s. 512;

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and;

Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Talk City to locate the material;

Information reasonably sufficient to permit Talk City to contact the complaining party, such as an electronic email address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Please submit this information to:

Email: tos@talkcity.com

You maintain a copyright on any copyrighted original material you post, to the extent allowed by law.

Links to Other Web Sites

The Service may provide links to Web sites other than Talk City.com. Talk City neither controls such Sites or Services nor endorses any of the materials or policies on such sites or Services, including but not limited to Privacy Policies, or any association with their operators.

No Assignment

User shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Talk City. Any such proposed assignment or delegation by User without the appropriate prior written consent of Talk City will be null and void and of no force or effect, unless otherwise expressly consented to by Talk City at its sole and absolute discretion.

Relationship of the Parties

Not withstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Talk City's failure to act with respect to a breach by User or others does not waive Talk City's right to act with respect to subsequent or similar breaches. The failure of Talk City to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are for convenience only and shall not limit or otherwise affect the terms of this Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AS IF MADE IN MASSACHUSETTS BY TWO RESIDENTS OF THAT STATE. This Agreement constitutes the entire agreement between Talk City and User with respect to the subject matter hereof.

Talk City may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the Talk City web site. If you do not agree to the changes, your only remedy is to cancel your Talk City membership.