By using the Talkinator website ("Site")or embedded Talkinator widgets ("Chatrooms" or "Widgets), a service of ManyBrain, Inc. ("ManyBrain" or "us") you agree to the following terms of service:

DEFINITIONS

Terms of Service: This terms of service.

Talkinator: Talkinator(tm) is the collection of the talkinator.com website and its associated widgets providing the talkinator "internet chat" service.

"The Service": Internet chat provided by Talkinator

Chatrooms or Widgets: Specifically, the talkinator widget providing "internet chat".

Referers: Third-party sites that include talkinator Widgets into their websites.

ACCEPTANCE

By using and/or visiting this website or associated widgets, you signify your agreement to these terms and conditions and ManyBrain's proper-use guidelines. If you do not agree with these Terms of Service, do not use the Website or associated widgets.

Although we may attempt to notify you of major changes to these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy, you are responsible for periodically reviewing the most up-to-date versions. BricaBox may, in its sole discretion, modify or revise these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy at any time, and you agree to be bound by such modifications or revisions.

PRIVACY

Use of the Site or associated Widgets does not require or encourage the entry of any personal information or other private information. All widgets and Chatrooms are, by nature, in complete public view. ManyBrain, Inc. is thus unable to and does not warrant or guarantee the privacy of any information (personally identifying or otherwise) voluntarily entered into the Site, Widgets, or Chatrooms.

No attempt is made to encrypt any information nor guarantee any Chatroom as "private". You agree to not enter any personally identifying or private information into the Site, Chatroom, or Widget.

Talkinator uses cookie, IP address, and referer information to provide a consistent experience across sessions. Usernames are by default randomly generated and provide no actual identifying information (including across sessions as many users may use the same username). IP addresses may be used in conjunction with blocking abusive users or disclosure to proper authorities if required by subpoena or other judicial or administrative order, where required by law, or at our sole discretion, where we deem necessary to protect the safety of any individual or the general public or to prevent violation of our Terms of Service or the rights of any user or third-party. Referer information is used for statistical purposes and to track usage patterns.

SUBMISSION AND INTELLECTUAL PROPERTY

You acknowledge that you are responsible for the text, information, graphics, urls and other material that you submit, post or otherwise make available on the Site or associated Widgets. You retain ownership of any copyrights and intellectual property applicable to any information you create and submit. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or Widgets, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

SERVICE

ManyBrain, Inc. reserves the right at its sole discretion to discontinue and/or remove the Talkinator site, service, Widgets or Chatrooms at any time. In addition, ManyBrain, Inc. reserves the right to, without notice, terminate the inclusion of its Widgets into any third-party site for any reason. Including, but not limited to, violation of this Terms of Service, unlawful activities, purposes involving hate or persecution, copyright violations of ManyBrain, Inc. properties or other third-parties.

In addition, Talkinator is provided as a free service up to a degree of use determined on a case-by-case basis. Referers exceeding some threshold may have their Widgets deactivated without notice.

ACCEPTABLE USE AND CONDUCT GUIDELINES

All use of Talkinator is "at your risk" and you are solely responsible for your conduct, entered information, and site-inclusion:

You also agree not to enter, into any Talkinator site or widget, regardless of the site it resides within, any text, code, or other information that:

Information, truthful or not, that reveals your personal information including but not limited to name, age, address, phone numbers, credit card numbers

Information, truthful or not, that reveals the personal information of another person

Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships

Impersonates employees of ManyBrain, Inc. or Talkinator administrators

Creates, sends, or enables anything that constitutes anything that you are prohibited by law from sending

Constitutes or contains any form of advertising or solicitation for websites or products or commercial interests

Is unlawful, threatening, harmful, libelous, abusive, harassing, defamatory, invasive of another's privacy, or harms minors in any way

Harasses, degrades, intimidates or is hateful toward an individual or group of individuals

Is false, deceptive, misleading, deceitful, or constitutes "bait and switch"

Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law

Disrupts the normal flow of dialogue with an excessive messages entry (i.e, flooding attack) or otherwise negatively affects other Users' ability to use Talkinator.

Represents information depicting cruelty to animals

Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of information

Represents attempts to harass anyone

Collect Personal Data about other Users for any purpose

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to operate within and/or collect or insert information

Inclusion of Talkinator Widgets into third-party sites may not:

Violate, by theme, any of the prior conduct guidelines including harassment or degradation of any person or group, unlawful activities, hate speech, etc.

May not violate the copyright of any existing entity

May not attempt to impersonate the Talkinator site itself, nor may use the Talkinator logo or any other trademarks except as provided within the Widget by Talkinator itself.

DISCLAIMER

ManyBrain is not responsible for any incorrect or inaccurate Content posted on the Software or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. ManyBrain is not responsible for the conduct, whether online or offline, of any user of the Software or Member of the Service. ManyBrain assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. ManyBrain is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or at any Software or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Software and/or in connection with the Service. Under no circumstances shall ManyBrain be responsible for any loss or damage, including personal injury or death, resulting from use of the Software or the Service or from any Content posted on the Software or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Software and the Service are provided "AS-IS" and ManyBrain expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ManyBrain cannot guarantee and does not promise any specific results from use of the Software and/or the Service.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MANYBRAIN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF MANYBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MANYBRAIN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO MANYBRAIN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

DISPUTES

If there is any dispute about or involving the Software and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

US EXPORT CONTROLS

Software from this Software (the "Software") is further subject to United States export controls. No Software may be downloaded from the Software or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

INDEMNITY

You agree to indemnify and hold ManyBrain, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

OTHER

This Agreement is accepted upon your use of the Software and is further affirmed by your inclusion of Widgets into sites you control. This Agreement constitutes the entire agreement between you and ManyBrain regarding the use of the Software and/or the Service. If you violate these Terms, ManyBrain may terminate and/or suspend your access to this Site or you or your sites ability to include Widgets without notice. The failure of ManyBrain to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. ManyBrain is a trademark of ManyBrain, Inc.