GoodOldTalk Terms of Service

Bloxham Global Enterprises Pty Ltd (“Bloxham Global Enterprises” or “we”) operates GoodOldTalk.com. GoodOldTalk can be contacted at 559 Bells Creek Road, Bells Creek 4519 Australia. The services offered by GoodOldTalk include any GoodOldTalk branded URL (the "GoodOldTalk Website"), the GoodOldTalk instant messaging service, the GoodOldTalk application developer service and other features (for example, music and video embedded players), GoodOldTalk mobile services, and any other features, content, or applications offered from time to time by GoodOldTalk in connection with GoodOldTalk’s business (collectively, the "GoodOldTalk Services"). The GoodOldTalk Services are hosted in Australia.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the GoodOldTalk Services. By using the GoodOldTalk Services, you agree to be bound by this Agreement, whether you are a "Guest" (which means that you simply browse the GoodOldTalk Website, including through a mobile device or otherwise use the GoodOldTalk Services without being registered) or you are a "Member" (which means that you have registered with GoodOldTalk). The term "User" refers to a Guest or a Member. You are only authorized to use the GoodOldTalk Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the GoodOldTalk Website and discontinue use of the GoodOldTalk Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the GoodOldTalk Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes GoodOldTalk's policy for acceptable use of the GoodOldTalk Services and Content (as defined in Section 6.1 below) posted on or through the GoodOldTalk Services and your rights, obligations and restrictions regarding your use of the GoodOldTalk Services and Content posted on or through the GoodOldTalk Services. In order to participate in certain GoodOldTalk Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from GoodOldTalk. Unless otherwise provided by the additional terms and conditions applicable to the GoodOldTalk Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

GoodOldTalk may modify this Agreement from time to time and such modification shall be effective upon posting by GoodOldTalk on the GoodOldTalk Website. Your continued use of the GoodOldTalk Services after GoodOldTalk posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the GoodOldTalk Services and that you provide to other Users. Your GoodOldTalk profile may not include any form of Prohibited Content, as outlined in Section 6 below. Despite this prohibition, information, materials, products or services provided by other GoodOldTalk Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and GoodOldTalk assumes no responsibility or liability for this material. If you become aware of misuse of the GoodOldTalk Services by any person, please click on the "Talk To… Us” page, and report the abuse.

GoodOldTalk reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GoodOldTalk Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. GoodOldTalk expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the GoodOldTalk Services if GoodOldTalk determines, in its sole discretion, that you have violated this Agreement or pose a threat to GoodOldTalk and/or its Users and/or violating any applicable law.

1. Eligibility. Use of the GoodOldTalk Services and registration to be a Member for the GoodOldTalk Services (“Membership”) is void where prohibited. By using the GoodOldTalk Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you will not create a profile for anyone other than yourself without permissions; (d) you are 13 years of age or older; and (e) your use of the GoodOldTalk Services does not violate any applicable law or regulation. We reserve the right to reclaim usernames on behalf of individuals or businesses that hold legal claim or trademark on those usernames.

2. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify GoodOldTalk immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

3. Use by Members. GoodOldTalk reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the GoodOldTalk Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GoodOldTalk Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. GoodOldTalk reserves the right to take appropriate legal action for any illegal or unauthorized use of the GoodOldTalk Services.

4. Proprietary Rights in Content on GoodOldTalk.
4.1 GoodOldTalk does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the GoodOldTalk Services. After posting your Content to the GoodOldTalk Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the GoodOldTalk Services, you hereby grant to GoodOldTalk a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the GoodOldTalk Services, including without limitation distributing part or all of the GoodOldTalk Website in any media formats and through any media channels.

4.2 The license you grant to GoodOldTalk is non-exclusive (meaning you are free to license your Content to anyone else in addition to GoodOldTalk), fully-paid and royalty-free (meaning that GoodOldTalk is not required to pay you for the use on the GoodOldTalk Services of the Content that you post), sublicensable (so that GoodOldTalk is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the GoodOldTalk Services), and worldwide (because the Internet and the GoodOldTalk Services are global in reach).

4.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the GoodOldTalk Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the GoodOldTalk Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the GoodOldTalk Services.

4.4 The GoodOldTalk Services contain Content of GoodOldTalk ("GoodOldTalk Content"). GoodOldTalk Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and GoodOldTalk owns and retains all rights in the GoodOldTalk Content and the GoodOldTalk Services. GoodOldTalk hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GoodOldTalk Content (excluding any software code) solely for your personal use in connection with viewing the GoodOldTalk Website and using the GoodOldTalk Services.

4.5 The GoodOldTalk Services contain Content of Users and other GoodOldTalk licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the GoodOldTalk Services.

4.6 GoodOldTalk performs technical functions necessary to offer the GoodOldTalk Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the GoodOldTalk Services.

5. Content Posted.

5.1 GoodOldTalk may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of GoodOldTalk violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. GoodOldTalk assumes no responsibility for monitoring the GoodOldTalk Services for inappropriate Content or conduct. If at any time GoodOldTalk chooses, in its sole discretion, to monitor the GoodOldTalk Services, GoodOldTalk nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

5.2 You are solely responsible for the Content that you post on or through any of the GoodOldTalk Services, and any material or information that you transmit to other Members and for your interactions with other Users either on or through the GoodOldTalk services. 

5.3 You are solely responsible for ensuring that all Content that you post on or through any of the GoodOldTalk Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through GoodOldTalk.

5.4 If you collect information from users, you will: obtain their consent, make it clear you (and not GoodOldTalk) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

6. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the GoodOldTalk Services. GoodOldTalk reserves the right to investigate and take appropriate legal action against anyone who, in GoodOldTalk's sole discretion, violates this provision, including without limitation, removing the offending Content from the GoodOldTalk Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GoodOldTalk:

6.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

6.2 harasses or advocates harassment of another person;

6.3 exploits people in a sexual or violent manner;

6.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

6.5 solicits personal information from anyone under 18;

6.6 publicly posts information that poses or creates a privacy or security risk to any person;

6.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

6.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

6.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

6.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

6.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

6.13 involves commercial activities and/or sales without prior written consent from GoodOldTalk such as contests, sweepstakes, barter, advertising, or pyramid schemes;

6.14 includes a photograph or video of another person that you have posted without that person's consent;

6.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or

6.16 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on the GoodOldTalk Website and through your use of the GoodOldTalk Services. GoodOldTalk reserves the right to investigate and take appropriate legal action against anyone who, in GoodOldTalk's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

6.17 criminal or tortuous activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;

6.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the GoodOldTalk Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, GoodOldTalk reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which GoodOldTalk deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the GoodOldTalk Services, you acknowledge that you will have caused substantial harm to GoodOldTalk, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GoodOldTalk A$50 for each such unsolicited email or other unauthorized commercial communication you send through the GoodOldTalk Services;

6.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the GoodOldTalk Services;

6.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

6.21 covering or obscuring the banner advertisements on your personal profile page, or any GoodOldTalk page via HTML/CSS or any other means;

6.22 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;

6.23 interfering with, disrupting, or creating an undue burden on the GoodOldTalk Services or the networks or services connected to the GoodOldTalk Services;

6.24 impersonating or attempting to impersonate another member, person or entity;

6.25 using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;

6.26 selling or otherwise transferring your profile;

6.27 using any information obtained from the GoodOldTalk Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

6.28 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the GoodOldTalk Services on behalf of that person.

6.29 using the GoodOldTalk Services in a manner inconsistent with any and all applicable laws and regulations.

7. Protecting Copyrights and Other Intellectual Property. GoodOldTalk respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. GoodOldTalk has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the GoodOldTalk Services in a way that constitutes copyright infringement, please send GoodOldTalk's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the GoodOldTalk Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. GoodOldTalk's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Bloxham Global Enterprises Pty Ltd, 559 Bells Creek Road, Bells Creek Queensland AUSTRALIA 4519. GoodOldTalk's Copyright Agent for notification of claimed infringement can also be reached electronically through the ‘Talk to… Us” page on the GoodOldTalk website.

8. Member Disputes. You are solely responsible for your interactions with other GoodOldTalk Members. GoodOldTalk reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. If anyone brings a claim against us related to your actions or your content on GoodOldTalk, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

9. Privacy. Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on GoodOldTalk. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions. The Privacy Policy is incorporated into this Agreement by this reference.

10. Disclaimers. GoodOldTalk is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the GoodOldTalk Services, whether caused by Users of the GoodOldTalk Services or by any of the equipment or programming associated with or utilized in the GoodOldTalk Services and such User Content does not necessarily reflect the opinions or policies of GoodOldTalk. Profiles and third party applications created and posted by Members on the GoodOldTalk Website may contain links to other websites. GoodOldTalk is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by GoodOldTalk. Inclusion of any linked website on the GoodOldTalk Services does not imply approval or endorsement of the linked website by GoodOldTalk. When you access these third-party sites, you do so at your own risk. GoodOldTalk takes no responsibility for third party advertisements or third party applications that are posted on or through the GoodOldTalk Services, nor does it take any responsibility for the goods or services provided by its advertisers. GoodOldTalk is not responsible for the conduct, whether online or offline, of any User of the GoodOldTalk Services. GoodOldTalk 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. GoodOldTalk 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 or players due to technical problems or traffic congestion on the Internet or on any of the GoodOldTalk Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GoodOldTalk Services. Under no circumstances shall GoodOldTalk be responsible for any loss or damage, including personal injury or death, resulting from use of the GoodOldTalk Services, attendance at a GoodOldTalk event, from any User Content posted on or through the GoodOldTalk Services, or from the conduct of any Users of the GoodOldTalk Services, whether online or offline. The GoodOldTalk Services are provided "AS-IS" and “AS-AVAILABLE” and GoodOldTalk expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GoodOldTalk cannot guarantee and does not promise any specific results from use of the GoodOldTalk Services.

11. Limitation on Liability. IN NO EVENT SHALL GOODOLDTALK 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 GOODOLDTALK SERVICES, EVEN IF GOODOLDTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOODOLDTALK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOODOLDTALK FOR THE GOODOLDTALK SERVICES DURING THE TERM OF MEMBERSHIP.

12. Australian Export Controls. Software available in connection with the GoodOldTalk Services (the "Software") is further subject to Australian export controls. No Software may be downloaded from the GoodOldTalk Services or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the Software is at your sole risk.

13. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Queensland, without regard to its conflict of law provisions. You and GoodOldTalk agree to submit to the exclusive jurisdiction of the courts located within the State of Queensland to resolve any dispute arising out of the Agreement or the GoodOldTalk Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

14. Indemnity. You agree to indemnify and hold GoodOldTalk, its subsidiaries, and affiliates, and their respective officers, agents, 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 GoodOldTalk Services 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 in this Agreement and/or if any Content that you post on or through the GoodOldTalk Services causes GoodOldTalk to be liable to another.

15. Other. GoodOldTalk may make changes to this Terms of Use Agreement from time to time. When these changes are made, GoodOldTalk will post a new copy of the Agreement from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the Agreement was changed, GoodOldTalk will treat your use as acceptance of the updated Agreement. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

This Agreement is accepted upon your use of the GoodOldTalk Website or any of the GoodOldTalk Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and GoodOldTalk regarding the use of the GoodOldTalk Services. The failure of GoodOldTalk to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

You agree that your GoodOldTalk profile is non-transferable and any rights to your GoodOldTalk profile or contents within, terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Termination of your account may also if requested by the member, however the username will not be deleted until GoodOldTalk deems that the username deletion will not have any future impact on the website content.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GoodOldTalk Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this Agreement are for convenience only and have no legal or contractual effect. You will not display or use in any manner our copyrights without our written permission. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at the “Talk to…Us” page on GoodOldTalk.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.