Terms of Service
Purpose of Service
Talk Fusion provides users with Video Communication Services ("Software and Services") named "Talk Fusion". Unless explicitly stated otherwise, any new features that enhance the current version of Talk Fusion, including the release of new features, shall be subject to the Terms of Service. User understands and agrees that Talk Fusion is provided "as-is" and that Talk Fusion assumes no responsibility for the failure to store any user communications or personalization settings.
In consideration of use of Talk Fusion, user agrees to: (a) provide true, accurate, current and complete information as required on the Customer Application and (b) maintain and promptly update the customer 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 Talk Fusion product.
If your profile needs to be updated, you may do so by logging into your Talk Fusion Video Communication Center and electronically submitting the new data.
Any person who chose the Customer option in the initial Application process and wishes to become an Associate at a later time is required to pay the $30 USD non-refundable, one-time Independent Associate Cost in order to be granted all rights, titles and privileges given to Talk Fusion Associates.
User is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under its account. Talk Fusion cannot and will not be liable for any loss or damage arising from user's failure to comply. You may change your password by logging into your Talk Fusion Back Office at any time.
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, this service is not to be used for any form of abusive, obscene, vulgar, slanderous, hateful, threatening, or sexually-oriented content, 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 Talk Fusion. Talk Fusion does not control the content transmitted via Talk Fusion and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Talk Fusion be liable in any way for any content, including, but not limited to, for 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 Software and Service to: (I) email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (II) harm minors in any way; (III) Email, transmit or otherwise make available any unauthorized advertising, promotional materials, "junk mail," or "spam" (IV) 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; (V) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Talk Fusion; (VI) 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; (VII)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); (VIII) e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (IX) "stalk" or otherwise harass another or collect or store personal data about other users; (X) 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; (XI) 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.
Zero "SPAM" Tolerance
User may not utilize the service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). Failure to respond to a SPAM notice shall also constitute grounds for immediate termination of account.
User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which it resides and/or originates.
User agrees to defend, indemnify and hold harmless Talk Fusion, and its officers, subsidiaries, affiliates, or other partners, and employees, harmless from any loss, damage, cost (including attorney's fees) claim or demand, made by any third party resulting from content it emails, transmits or makes available through Talk Fusion or violation of the Terms of Service.
Ownership, Reservation of Rights
Nothing in this Agreement shall be construed to grant user any rights, by license, title or otherwise, to any aspect of Talk Fusion's intellectual property. User acknowledges and agrees that Talk Fusion contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Talk Fusion, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Talk Fusion, in whole or in part.
Talk Fusion grants user a business, non-transferable and non-exclusive right to use Talk Fusion on a single computer (unless multi-user license is purchased) and mobile device; provided that it does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Talk Fusion. User agrees not to modify Talk Fusion in any manner or form.
Disclaimer of Warranties
To the maximum extent of the law, Talk Fusion expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Talk Fusion makes no warranty that Talk Fusion will meet its user’s requirements, the service will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use Talk Fusion and its service will be accurate or reliable. Any material downloaded or otherwise obtained through the use of the software and service is done at user’s own discretion and risk and that user will be solely responsible for any damage to the user’s computer system or mobile device, or loss of data that results from the download of any such material. User understands and agrees that his or her use of Talk Fusion and its service is at his or her sole risk. No advice or information, whether oral or written, obtained by the user from Talk Fusion or through or from the software and service shall create any warranty not expressly stated in the Terms of Service.
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. User further acknowledges that Talk Fusion reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Software and Service
Talk Fusion reserves the right at any time to modify, temporarily or permanently, Talk Fusion with or without notice. User agrees that Talk Fusion shall not be liable to it or to any third party for any modification, suspension, conversions, upgrades or additions or discontinuance of Talk Fusion. Any such revisions, modifications, conversions, upgrades or additions shall be owned exclusively by Talk Fusion and user shall have no right therein.
Limitation of Liability
User understands and agrees that in no event shall Talk Fusion be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data, goodwill, or other intangible losses; even if Talk Fusion has been advised of the possibility of such damages, resulting from: the use or the inability to use Talk Fusion, the cost of procurement of substitute goods and services resulting from any goods, data, information or software and services purchased or obtained or messages received or transactions entered into through or from the software and service, unauthorized access to or alteration of its transmissions or data, statements or conduct of any third party on the software and service, or any other matter relating to the software and service.
Talk Fusion has been accredited by Return Path, the world’s largest and most respected Internet accreditation service. In order to qualify, Talk Fusion had to pass an extensive audit process in order to ensure that our Video Email sending practices and infrastructure adhere to industry best practices. As a result, Talk Fusion Customers receive significant delivery benefits to more than 5 million receiving email systems at partner ISPs, Fortune 1000 companies, educational institutions, government entities and small businesses worldwide. These benefits include more reliable inbox delivery and reduced likelihood that content will trigger a Spam filter. However, 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.
User also agrees that Talk Fusion, at its sole discretion, may remove and discard any content within Talk Fusion, 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 under any provision of this 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 Talk Fusion.
Cancellation of Annual Renewal
After May 15, 2013, in countries where Credit Cards or Talk Fusion Inbound Payment System eWallet Account were used to set an Annual Renewal Account, User’s account will be enrolled in an automatic Monthly Subscription on their Annual Renewal Date. Starter Accounts will be charged $20 USD per month, and Executive and Elite Accounts will be charged $35 per month.
User is required to give Talk Fusion a written notice 5 days prior to anniversary date to cancel account and avoid automated billing. All cancellation notices must be emailed to Support@TalkFusion.com or by submitting written notice by facsimile or certified mail to Talk Fusion. The Cancellation request must include the Talk Fusion 7 digit ID number of the account that is being canceled. If you are paying for more than one account on your credit card, you must list every individual account that you want canceled. Customer agrees that submitting a notice of cancellation by telephone is an unacceptable form of submitting notice of cancellation to Talk Fusion and that product charges may continue to apply until Talk Fusion has received the proper notice of cancellation.
When your service is canceled, access to your Video Communication Center will immediately be restricted. Please note that all of your stored videos and email addresses will be deleted from the Talk Fusion system. Any Video Emails that had been sent out before cancellation will be inactivated and will not be able to be viewed by their intended recipients.
Recurring Billing/Pre-Paid/Paid-in-Full Option
Talk Fusion Products have a Monthly Recurring charge, in all countries, as specified on the Talk Fusion Agreement. Please note that Talk Fusion will automatically charge the User the monthly fee to the credit card or Talk Fusion Inbound Payment System eWallet Account used at the time of the original purchase. Associates and Customers may change their method of monthly payment to an alternate credit card, a PAYLUTION® E-Wallet Account (Associates only) or Talk Fusion Inbound Payment System eWallet Account, via the Billing Center in their Video Communication Center.
User is required to give Talk Fusion a written notice 5 days prior to their anniversary date to cancel automatic monthly billing. All cancellation notices must be emailed to Support@TalkFusion.com or by submitting written notice by facsimile or certified mail to Talk Fusion. The Cancellation request must include the Talk Fusion 7-digit ID number of the account that is being canceled. If you are paying for more than one account on your credit card, you must list every individual account that you want canceled. Customer agrees that submitting a notice of cancellation by telephone is an unacceptable form of submitting notice of cancellation to Talk Fusion and that Product charges may continue to apply until Talk Fusion has received the proper notice of cancellation.
When your service is cancelled, access to your Video Communication Center will immediately be restricted. Please note that all of your stored videos and email addresses will be deleted from the Talk Fusion system. Any Video Emails that had been sent out before cancellation will be inactivated and will not be able to be viewed by their intended recipients.
PLEASE NOTE: Effective June 12, 2013, Associates and Customers may choose a Pre-Paid/Paid-in-Full annual payment option and save 10% on the monthly subscription cost. The Pre-Paid/Paid-in-Full annual payment may not be canceled or the annual amount refunded, unless purchased along with a Product Package and canceled within the first 3 days.
If any Customer or Associate is unsatisfied with any Video Communication Product Package purchased, Talk Fusion offers a 100% three (3) day money-back guarantee (unless otherwise required by law) from the date the service is activated. Please note that $30 one-time Independent Associate Cost, wire transfer fees and sales and service taxes are not refundable. Returns of the purchase price constitute an Associate's voluntary request to cancel. All refunds will be processed within 7 business days. In the Russian Federation, there are no refunds after product purchase.
User acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and further agrees that it is the exclusive and complete statement of the Agreement between the parties hereto and supersedes and merges all prior proposals, understandings and agreements, whether oral or written, relating to the subject matter hereof. This Agreement may not be modified except by written instrument duly executed by both parties.
a) Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall be in no way affected or impaired thereby and shall remain in full force and effect.
b) No Waiver. Failure of either party to exercise in any respect any of the rights provided for herein shall not be deemed a waiver of any right hereunder.
c) Violations. Please report any violations of the Terms of Service to us by email: Support@TalkFusion.com
Information Collection and Use
I understand that Talk Fusion is the sole owner of the information collected on this site and that they will not sell, share, or rent this information to others. By purchasing or using any Talk Fusion Product or Service, I authorize Talk Fusion to use my brand, name, video, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
In order to use Talk Fusion services, a user must first complete the registration process. During registration a user is required to give their contact information. This information is used to contact the user about the services on our site for which they have purchased. New customers who sign up for our service will receive a welcome e-mail from us. Customers will occasionally receive information on products, services, promotions, and newsletters. Customers may choose not to receive communications from Talk Fusion. Please see our Opt-Out policies below.
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, such as a credit card number, your information is protected both online and off-line.
When our registration order form asks users to enter sensitive information, that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator, Google Chrome, Safari, Firefox, and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.
Site and Service Updates
We also send the user site and service announcement updates. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes, it may be updated in the customers' log-in area. Or, this can be done by emailing Support@TalkFusion.com.
Users who no longer wish to receive our newsletters, service announcements and account-related emails may opt-out of receiving these communications by emailing us at Support@TalkFusion.com.