These terms of use ("Site Terms") carefully as they apply to your access to, and use of, this web site located at www.italkies.com (the "Site") operated by iTalkies.com LLC ("iTalkies").  These terms are in addition to any other terms governing your use of the iTalkies rental service, including the Service Agreement.  By accessing, browsing, and using this Site, you agree to be bound by these Site Terms as well as any policy therein and subsequent changes.  If you do not agree to these Site Terms or any modification, do not access, browse or otherwise use the Site.  We reserve the right to change these Site Terms or any policy of the Site, at any time and in our sole discretion. If we decide to change our Site Terms or a policy, we will post a new version on the Site and update the date.  Any changes or modification will be effective upon posting of the revisions.  Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications.  You should frequently review these Site Terms (including its date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

Copyright and License

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2004-05 iTalkies.com LLC. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only.  The foregoing license grant does NOT include the right for you to:

·         publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;

·         market, sell or make commercial use of the Site or any Materials;

·         systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;

·         make derivative uses of the Site or the Materials; or

·         use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of iTalkies or any third party.  Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Community Areas and Acceptable Use.

Prohibited Conduct and Content.  This Site includes community areas such as discussion forums and interactive areas that permit users of the Site to post content and exchange information.  These community areas are reserved for non-commercial purposes.  By using the forums or interactive areas, you agree not to do any of the following:

·         Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, misleading, false or deceptive, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

·         Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

·         Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

·         Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

·         Without our written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site.  You agree to indemnify and hold harmless iTalkies from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.  iTalkies takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  iTalkies only provides a forum and is not liable for any statements, representations, or Content provided by users of the Site.  YOU SHOULD USE YOUR OWN DISCRETION AND INDEPENDENT JUDGMENT REGARDING THE ACCURACY AND RELIABILITY OF ANY CONTENT POSTED ON THE SITE.

We reserve the right to monitor the Site and inspect any Content accessible through the Site (including any Content you post) in order to investigate any alleged violation of these Site Terms, our policies, in response to any third-party complaints, or for other reasonable cause.  iTalkies may access and disclose any information or Content it considers necessary or appropriate (including, without limitation, registration information, IP addressing and traffic information, and usage history) to: (a) comply with applicable law (e.g., a lawful subpoena, warrant or court order); (b) enforce or apply these Site Terms or the iTalkies Service Agreement; (c) initiate, render, bill, and collect for services; (d) protect its rights or property (including the integrity and operation of its computer systems); (e) protect other users of the Site and our service from fraudulent, abusive, or unlawful use of, or subscription to, our service; or (f) if iTalkies reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.  Our right to disclose any such information shall govern over any terms of the iTalkies Privacy Policy.

In the event that iTalkies determines that any Content or conduct or actions of any user are objectionable, unlawful, potentially infringing or otherwise violate these Site Terms, our Service Agreement, or other applicable policy, iTalkies may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, users, subscribers and/or third parties.  Such corrective action includes, but is not limited to:  (a) issuing a warning; (b) immediately suspending or terminating access to the Site or services; (c) restricting or prohibiting access to any Content that is objectionable or otherwise violates these Site Terms, our Service Agreement, or applicable policy; and/or (d) disabling or removing hypertext links, Content or the content of any third party from the Site.

Copyright Policy

Users of this and certain content providers may be permitted to host and make available content to you.  Although iTalkies does not affirmatively screen user content or other content of third parties, iTalkies does not tolerate infringing material on the Site or its rental services, and may remove content that appears to infringe any copyright or other intellectual property rights.

If you believe that your copyright has been infringed by material hosted on the Site, please send a "DMCA Notice" described below to the iTalkies Copyright Agent for Notice of Claims of Copyright Infringement.  Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq.  Federal law requires your DMCA Notice include the following information:

·         Identification of the copyrighted work that you claim has been infringed;

·         Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;

·         Your address, telephone number, and e-mail address;

·         A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and

·         Your physical or electronic signature.

iTalkies Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:

Attn:  Shaiwal Singh
DMCA Copyright Agent
iTalkies.com, LLC
P.O. Box 657
Kirkland, WA 98083

Please note that iTalkies, in its sole discretion, may terminate the account of any user or remove all content of a third party about whom we receive more than one complaint of copyright infringement.

Trademarks and Service Marks

ITALKIES, DELIVERING BOLLYWOOD and our logos are trademarks, service marks or registered trademarks of iTalkies.com LLC or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors.  You may not use any meta tags or any other "hidden text" utilizing "iTalkies" or any other name, trademark, or product name of iTalkies without our permission.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of iTalkies, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and iTalkies' names or logos mentioned herein are the property of their respective owners.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Submissions

Areas of the Site may permit you to provide feedback or send materials to us, including for use on the Site.  You agree that any such materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site (“Your Materials”), are non-confidential and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Materials throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you.  You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Materials and that the submission of any such materials to us, including postings to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in Your Materials, including the rights of paternity and integrity.  You represent and warrant that have the legal right to submit or post Your Materials on the Site, that Your Materials are accurate, that use of Your Materials does not violate these Site Terms and will not cause injury to any person or entity, and that you will indemnify us against any liability or losses arising out of our use of Your Materials in accordance with these Site Terms.

Links.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site.  The linked sites are not under our control and we are not responsible for their content.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein.  When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

No Warranties.

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN, INCLUDING DVD RENTAL SERVICE, ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. ITALKIES.COM LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.  ITALKIES FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR RENTAL SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.  ITALKIES IS not responsible for typographical errors or omissions relating to PRICING, TEXT OR photography.

Limited Liability.

IN NO EVENT SHALL ITALKIES.COM LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, WHETHER OR NOT ITALKIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law and Venue

These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms.

We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.  If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.