TALKDUST User Agreement

Statement of Rights and Responsibilites

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") constitute the terms of service that govern the relationship with Users and others who interact with TALKDUST, it’s brands, products and services. Registration to TALKDUST constitutes your understanding and agreement with the Statement, as amended.

1. Privacy

   Privacy is paramount. TALKDUST has designed its Data Policy to provide full disclosure about how to use TALKDUST to share with others and the limited way we collect and may use your content and information. The TALKDUST concept allows User comments to exist online for only a relatively brief period of time before disappearing for good, and to only store comprehensive data to determine trends for analytic purposes. Users are encouraged to read the Data Policy to make informed decisions.

2. Illegal Acts

   In order to provide a safe environment and to prevent Talkdust.com from being used to facilitate child pornography, human trafficking or other illegal acts, Talkdust.com will cooperate with law enforcement without deference to the users in the event a user attempts to employ Talkdust.com for any of the aforementioned illicit pursuits. Talkdust.com will cooperate and respond to subpoenas, warrants, and any other legal law enforcement investigations. Cooperation will include notifying law enforcement of activities involving child pornography, human trafficking, or other illegal acts. However, under no circumstances will comments, debate or discussion regarding constitutional issues, including but not limited to the exercise of any right set forth in the Bill of Rights, be interpreted in a manner to deem it to be criminal. Talkdust.com narrowly defines “criminal acts” consistent with the Laws of the United States and will not subjectively expand the definition or scope of “criminal acts” in order to thwart or limit any right guaranteed under the United States Constitution.

3. User Sharing Content and Information

   Users own all of the content and information posted on TALKDUST. In addition TALKDUST policy includes:

   1. User agreement to permit use by TALKDUST of intellectual property placed online in order to facilitate the function of TALKDUST.

   2. User comments and statements, including photographs and videos will be permanently deleted from the site when considered “stale” by TALKDUST and in no event later than 72 hours after being posted.

   3. User understanding that by participating any other person may have access to their posts.

4. Safety

   TALKDUST agrees: To take every reasonable step to keep the site safe for all Users but offers no guarantee.

   USERS agree:

   1. Not to post unauthorized commercial communications, viruses or other malicious code or spam or engage in unlawful multi-level marketing.

   2. Not to collect other Users' content or information, or otherwise access TALKDUST by automation such as harvesting bots, robots, spiders, or scrapers without our prior written permission.

   3. Not to solicit login information or to access an account belonging to another User.

   4. Not to bully, intimidate, or harass any User.

   5. Not to post content that constitutes hate speech, is threatening, or pornographic, incites violence or contains nudity or graphic or gratuitous violence.

   6. Not to post or assist any illegal activity or use TALKDUST to undertake any unlawful, misleading, malicious, or discriminatory act.

   7. Not do take any action that could disable, overburden, or impair the proper working or appearance of TALKDUST.

   8. Not to undertake, facilitate or encourage any violations of this Statement or TALKDUST policies.

5. Registration and Account Security

   Registration to TALKDUST requires only a User name and email address Nothing more. TALKDUST values the privacy and anonymity our service offers. To insure these values Users are asked to follow these guidelines:

   1. Do not provide false personal information or create an account for anyone other than yourself without TALKDUST written permission.

   2. Do not use TALKDUST if you are under 13.

   3. Do not share your password (or in the case of developers, your secret key), let anyone else access your account, or take any other action that might jeopardize the security of your account.

   4. Do not transfer your account (including any page or application you administer) to anyone without prior written permission.

   5. TALKDUST reserves the right to remove any inappropriate Username or similar identifier.

6. Proctecting Other People's Rights

   TALKDUST respects all User’s rights, and expects you to do the same.

   1. Users may not post content on TALKDUST that infringes, threatens or violates any other User’s identification or personal or property rights, or the law.

   2. TALKDUST will remove any content or information posted on TALKDUST in violation of this this Statement and policies and law.

   3. Copyrighted material or Trademarks, or any confusingly similar marks may be used only as expressly permitted by our Brand Usage Guidelines or with prior written permission.

7. Mobile and Other Devices

   1. TALKDUST provides our mobile services free of charge, but your carrier's normal rates and fees, such as text messaging and data charges may apply.

   2. Use of TALKDUST on a mobile device includes consent and all rights necessary to enable Users to sync (including through an application) their devices with any information that is visible to them on TALKDUST.

8. Advertisements and Other Commercial Content Served or Enhanced by TALKDUST

   TALKDUST includes appropriate advertising and other commercial or sponsored content that is of value to our Users and other advertisers. Such usage includes:

   1. Permission to use your comments, profile picture, content, and information to target appropriate advertising, however TALKDUST will not provide User identification or information to advertisers without consent.

   2. Paid services and communications may not be explicitly identified as such.

9. Special Provisions Applicable to Advertisers

   Use of TALKDUST’s self-service advertising interfaces for the creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the "Self-Serve Ad Interfaces"), includes your acceptance of the Self-Serve Ad Terms. Advertising or other commercial or sponsored activity or content placed on TALKDUST or our publisher network must be in compliance with our Advertising Policies. Failure to meet our standards and policies will result in removal of the activity.

10. Special Provisions Applicable to Software

    1. The download or use of TALKDUST, either as a stand-alone software product, app, or a browser plugin, includes agreement with the reserved right to periodically download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

    2. Users may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, except under an open source license, or express written permission.

11. Amendments

    1. Users and others will be informed of changes or amendments to these terms and be given an opportunity to review and furnish comment

    2. Continued use of TALKDUST following notice of the changes to these terms, policies or guidelines, constitutes acceptance of the amended terms, policies or guidelines.

12. Termination

    Violation by any User of the terms and conditions set forth in this Statement, or who otherwise creates risk or poses legal exposure to TALKDUST and/or any of its officers or employees, may be cause for immediate termination of the User account(s). TALKDUST reserves the right to recourse to any additional legal action needed to protect its rights and the rights of other Users.

13. Disputes

    1. Any claim, dispute or cause of action against TALKDUST arising out of or relating to this Statement must be filed exclusively in the U.S. District Court for the Easter District of Wisconsin or a state court located in Door County, Wisconsin. User registration constitutes agreement to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Wisconsin will govern this Statement, as well as any claim that might arise without regard to conflict of law provisions, except as otherwise provided.

    2. Any User alleging a claim based on content or information posted on TALKDUST, hereby agrees to indemnify and hold TALKDUST and its officers and employees harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although TALKDUST may provide rules for User conduct, there is no attempt made to control or direct Users' actions and TALKDUST is not responsible for the content or information Users post on TALKDUST. TALKDUST will undertake reasonable effort to deny posting of offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information but cannot held be responsible for the content Users may encounter. Because of the nature of the program TALKDUST cannot be responsible for the conduct, whether online or offline, of any User of TALKDUST.

14. General Disclaimers

    TALKDUST MAKES EVERY EFFORT TO KEEP TALKDUST ALWAYS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TALKDUST AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TALKDUST WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TALKDUST WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TALKDUST IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TALKDUST, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TALKDUST WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TALKDUST’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Special Provisions Applicable to Users Outside the United States

    TALKDUST strives to create a global community with consistent standards for all Users but to also respect local laws. The following provisions apply to Users and non-users who interact with TALKDUST outside the United States:

    1. Consent to having your personal data (comments, User name, email address) transferred to and processed in the United States.

    2. Users located in a country embargoed by the United States, or on the U.S. Treasury Department's list of Specially Designated Nationals will not engage in commercial activities on TALKDUST (such as advertising or payments) or operate a Platform application or website. You will not use TALKDUST if you are prohibited from receiving products, services, or software originating from the United States.

16. Definitions

    1. "TALKDUST" includes "TALKDUST Enterprises" and all the features and services made available, including through (a) the website at www.talkdust.com and any other TALKDUST branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. TALKDUST reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

    2. "Platform" includes a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from TALKDUST or provide data to us.

    3. "Information" includes facts and other information about you, including actions taken by Users and non-Users who interact with TALKDUST.

    4. "Content" includes everything Users post or otherwise share using TALKDUST.

    5. "Data" or "User data" or "User's data" includes any content or information that Users or third parties can retrieve from TALKDUST or provide to TALKDUST.

    6. "Post" means information in any format placed on TALKDUST or otherwise make available by using TALKDUST.

    7. "Use" means to use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

    8. "Application" includes any computer or mobile application or website that uses or accesses Platform, or receives data from TALKDUST. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

    9. "Trademarks" includes all trademarks owned by TALKDUST and hereafter obtained.

    10. “Users” includes registered participants and advertisers who are entitled to post data on TALKDUST .

17. Other

    1. Users resident, or having a principal place of business in the US or Canada, are bound by this Statement and it constitutes an agreement between you and TALKDUST, Otherwise, this Statement is an agreement between you and TALKDUST Ireland Limited. References to "us," "we," and "our" mean either TALKDUST, Inc. or TALKDUST Ireland Limited, as appropriate.

    2. This Statement is the entire agreement between the parties regarding TALKDUST, and supersedes any prior agreements.

    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    4. failure to enforce any of provision of this Statement, it will not be considered a waiver.

    5. Any amendment to or waiver of this Statement must be made in writing.

    6. Users may not transfer any rights or obligations under this Statement to any other person without consent.

    7. All of TALKDUST’s rights and obligations under this Statement are freely assignable in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    8. Nothing in this Statement shall prevent TALKDUST from complying with the law.

    9. This Statement does not confer any third party beneficiary rights.

    10. TALKDUST reserve all rights not expressly granted to Users.

    11. Users must comply with all applicable laws when using or accessing TALKDUST.

    12. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

    By using or accessing TALKDUST, Users agree to the collection and use of all content and information in accordance with the Data Policy as amended from time to time. Users may also want to review the following documents, which provide additional information about use of TALKDUST:

    • Advertising Policies: These guidelines outline the policies that apply to advertisements placed on TALKDUST.

    • Self-Serve Ad Terms: These terms apply when you use the Self-Serve Ad Interfaces to create, submit, or deliver any advertising or other commercial or sponsored activity or content.

    • Promotions Guidelines: These guidelines outline the policies that apply if you offer contests, sweepstakes, and other types of promotions on TALKDUST.

    • TALKDUST Enterprises: These guidelines outline the policies that apply to use of TALKDUST trademarks, logos and screenshots.

    • How to Report Claims of Intellectual Property Infringement

    • Pages Terms: These guidelines apply to your use of TALKDUST.

    • Community Standards: These guidelines outline our expectations regarding the content you post to TALKDUST and your activity on TALKDUST.

Date of Original Statement: May 3, 2017.