Thank you for using iTalkBB Elite™, a service provided by iTalk Global Communications, Inc. (“iTalkBB®”). Your use of iTalkBB Elite services, including that provided through the iTalkBB Elite website, mobile applications and communications (such as emails, phone calls and text messaging) (collectively referred to as the “iTalkBB Elite Services”) is subject to these Terms of Use. Please review these Terms carefully before using the iTalkBB Elite Services, as they hold implications for your rights. By using any of the iTalkBB Elite Services, you acknowledge and agree to these Terms of Use and our Privacy Policy, thereby legally binding yourself to their provisions.
All mentions of “us, we, our” refer to iTalkBB. All mentions of “you and your” refer to the user who accesses or in any way uses the iTalkBB Elite Services, including both general users and service providers (collectively referred to as the “User”).
You are authorized to use the iTalkBB Elite Services in accordance with these Terms. By using the iTalkBB Elite Services, you accept inherent risks, which may include encountering offensive, inappropriate, deceptive, objectionable, or incomplete content, or content that neglects to sufficiently caution against potential risks or dangers. Your ability to access the iTalkBB Elite Services and view its content is subject to your strict adherence with these Terms of Use, as amended from time to time. These rights are non-exclusive, limited, and can be revoked by us at any time, solely at our discretion, without prior notice or liability.
When utilizing the iTalkBB Elite Services, you are provided with the option to create an account (“User Account/用戶账号”) to access specific features within. For individuals or companies operating as service providers (the “Service Provider”), registration offers the chance to convert your account into a free service provider account ("Service Provider Account/服务商账号"), which facilitates the management of your information and service provider page ("Service Provider Page"). Additionally, Service Providers have the option to become an iTalkBB Elite Member (the “Member”) by subscribing to the iTalkBB Elite Membership. As a Member, you gain access to exclusive features and can manage the iTalkBB Elite member account (“iTalkBB Elite Member Account/iTalkBB精英会员账号”). Both Service Providers and Members are subject to PART II. Additional Terms for Service Providers.
By creating an account for the iTalkBB Elite Services, you confirm that any information you submit to iTalkBB is true, accurate and complete. Additionally, you confirm your agreement to these Terms of Use and our Privacy Policy. When you create an account with iTalkBB, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account and password. Additionally, you agree to provide your own email and personal information and pledge to ensure the accuracy and currency of your account details. We reserve the right to terminate your Account at any time, without prior notice, for any reason.
All content created by iTalkBB related to iTalkBB Elite Services, including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights therein are owned and controlled by iTalkBB (“iTalkBB Content”). However, the "Work Product," as defined in "PART II. Additional Terms for Service Providers, Section 8. Content Production Service and Copyrights Ownership", is excluded from the iTalkBB Content. All right, title, and interest in and to the iTalkBB Content available with the iTalkBB Elite Services is the property of iTalkBB. Users must obtain prior authorization from iTalkBB before utilizing the iTalkBB Content.
User-generated content ("User Content") may be submitted, created, or transmitted based on different account features within the iTalkBB Elite Services. As the creator and publisher of User Content, you bear full responsibility, including the risks associated with personal information disclosure and others' reliance on its quality and accuracy. By publishing User Content, you affirm ownership or necessary permissions for its use. Liability may arise if your User Content is false, misleading, defamatory, or infringes on third-party rights, including copyrights or trademarks, violates laws or regulations, or breaches these Terms of Use. You must not imply sponsorship or endorsement by iTalkBB in your User Content, unless expressly permitted by iTalkBB. By submitting or publishing the User Content, you grant to iTalkBB a royalty-free, non-exclusive, and non-transferable license your Intellectual Property to use, modify, publish and distribute it. iTalkBB may sublicense this User Content to its affiliates for advertising purposes in commercially reasonable manners. You are responsible for managing and storing your User Content. We are not obligated to keep or furnish copies of User Content and do not ensure confidentiality regarding User Content. We reserve the right to screen, monitor, modify, remove, or restore User Content at our discretion, for various reasons. These reasons may include, but are not limited to: (i) perceiving the content as offensive, inappropriate, deceptive, objectionable, inaccurate, or incomplete; (ii) content infringing on third-party rights; or (iii) content violating laws or regulations. We reserve the right to take action without providing prior notice to you.
iTalkBB provides creative and production services for content exclusively for iTalkBB Elite Members. For further details, please refer to PART II. Additional Terms for Service Providers.
Through the iTalkBB Elite Services, you may interact with third parties, which including Service Providers and Members (collectively refer to as “Third Parties”), or be directed to external websites or application provided by Third Parties ("Third-Party Services"). Additionally, Third Parties may publish third-party content ("Third-Party Content") or promotional information, such as coupons and discounts ("Third-Party Promotions"), via the iTalkBB Elite Services. iTalkBB Elite solely serves as a platform for providing this Third-Party Content, Third-Party Promotions, and information or advertisements for Third-Party Services. We do not endorse, control or guarantee any Third-Party Content, Third-Party Promotions or Third-Party Service. By using the iTalkBB Elite Services, you acknowledge that we are not liable for the accuracy, availability, or reliability of any Third-Party Content, Third-Party Promotions or Third-Party Service. Your reliance on Third-Party Content, Third-Party Promotions or Third-Party Service is at your own risk and may be subject to additional terms such as third-party terms of use, privacy policies, licensing terms, and disclosures. It is your responsibility to review and understand any relevant third-party terms.
iTalkBB Elite offers the License Verification feature ("License Verification") exclusively for Members within specific industry categories. This feature allows Members to have their business or industry licenses ("Licenses") verified by iTalkBB. Members whose Licenses have been verified by iTalkBB will be distinguished with a "License Verified", which will be displayed below their name in various locations, including but not limited to the iTalkBB Elite homepage, search results, and Service Provider Page. The License Verification process is conducted by iTalkBB during the Member's registration and may not be re-verified thereafter. It is important to note that Licenses may expire or be revoked, and Users are advised to independently confirm such details with the Service Providers. iTalkBB provides the License Verification feature solely for the convenience of Users to identify licensed Service Providers and does not guarantee the accuracy or currency of License information. iTalkBB bears no responsibility for expired, false, inactive, or revoked Licenses. Except for Members with the License Verification feature, iTalkBB does not verify any licenses held by Service Providers or their representatives. Users are encouraged to directly communicate with Service Providers to inquire about their licenses.
By accessing or using the iTalkBB Elite Services, you consent to receive communications from iTalkBB or its affiliates through the iTalkBB Elite Services, or through any other method such as emails, notifications, system messages, text messages (refer to iTalkBB Text Messaging Terms and Conditions), and phone calls. These communications may promote iTalk Elite Service, other iTalkBB products and services, or Service Providers listed on iTalkBB Elite Services. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as text messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with iTalkBB or made through the iTalkBB Elite Services may be recorded for quality or investigating purposes.
iTalkBB Elite Services provides an online instant messaging function ("Chat Feature") accessible on both the iTalkBB Elite website and the App. The Chat Feature enables communication between registered Users and Members. The chat history is stored in both the User Account and the iTalkBB Elite Member Account, allowing registered Users and Members to review previous conversations. Should any User use the Chat Feature for sending abusive or objectionable content, they will be removed from the iTalkBB Elite Service. Similarly, if any Members misuse the Chat Feature by sending inappropriate content via iTalkBB Elite Service, please promptly report such incidents to Customer Service (refer to Part I, Section 11). Please note that iTalkBB does not actively monitor or assume responsibility for the content exchanged through the Chat Feature between registered Users and Members.
We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a service provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the iTalkBB Elite Services infringe your copyright, you may request removal of those materials (or access to them) from the iTalkBB Elite Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
DMCA Agent
iTalk Global Communications, Inc.
Attn: Legal Department
1120 South Capital of Texas Highway, Bldg. 3, Suite 110
Austin, Texas, 78746
E-mail: iTalklegal@iTalkglobal.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the iTalkBB Elite Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You agree that iTalkBB, in its sole discretion, for any or no reason, and without penalty, may terminate any account you may have with iTalkBB Elite Services and remove and discard all or any part of your account at any time. If your account is terminated for any reason, or no reason, you agree that iTalkBB will not be liable to you or any third-party for any such termination. Your only recourse with respect to any dissatisfaction with the iTalkBB Elite Services, any term of these Terms of Use, any policy or practice of iTalkBB in operating the iTalkBB Elite Services, or any Content is to delete your account with iTalkBB Elite Services and discontinue use of any and all parts of the iTalkBB Elite Services.
Users of the iTalkBB Elite mobile applications (“App”) have ability to delete their accounts in the App at any time. Users may continue to use the App after deleting their account, but will lose the following features and functionalities after deletion:
For iTalkBB Elite Member, DELETING YOUR ACCOUNT IN THE APP DOES NOT AUTOMATICALLY CANCEL YOUR ITALKBB ELITE MEMBERSHIP. Subscription payments for iTalkBB Elite Membership will not be refunded if you delete your account, and your membership will continue and be automatically renewed until you follow the cancellation instructions to terminate your membership. Members must cancel their iTalkBB Elite Membership before deleting their account in the App.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
You acknowledge that we reserve the right to provide notices to you via mail, email, or any other reasonable method chosen by us. All legal notices directed to us should be sent to: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com. If you have question regarding the iTalkBB Elite Services, please contact iTalkBB Customer Service at EliteSupport@italkbb.com.
You agree to indemnify, save and hold harmless iTalkBB, its affiliated companies, contractors, employees, officers, board members, agents, and its third-party suppliers, licensors, and partners from and against any claims, losses, damages, liabilities, including without limitation, legal fees and expenses, arising out of your use or misuse of the iTalkBB Elite Services or any violation of these Terms of Use. iTalkBB will use reasonable efforts to notify you any such claim, action or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITALKBB, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, INCLUDING THE PROVIDERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITALKBB OR THROUGH THE ITALKBB VIP PLAN WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM ITALKBB INCLUDES ITALKBB'S OFFICERS, AFFILAITES, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT USE OF THE ITALKBB ELITE SERVICES IS AT YOUR SOLE RISK. THE ITALKBB ELITE SERVICES AND ANY MATERIALS, CONTENT, DATA, INFORMATION, REFERENCE SITES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ITALKBB ELITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
ITALKBB, ITS LICENSORS, AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE MATERIALS, CONTENT, DATA, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ITALKBB ELITE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ITALKBB, ITS LICENSORS, AFFILIATES, AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ITALKBB ELITE SERVICES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, CONTENT, MATERIALS, OR DATA THROUGH THE ITALKBB ELITE SERVICES SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ITALKBB ELITE SERVICES, OR ANY OTHER INTERACTIONS WITH ITALKBB, EVEN IF ITALKBB OR A ITALKBB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, ITALKBB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL ITALKBB, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ITALKBB ELITE SERVICES OR YOUR INTERACTION WITH OTHER ITALKBB ELITE SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ITALKBB ELITE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON THE THIRD-PARTY SERVICE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN ITALKBB AND RECEIVED THROUGH OR ADVERTISED ON THE THIRD-PARTY SERVICE SITE OR RECEIVED THROUGH THE ITALKBB VIP PLAN.
YOU ACKNOWLEDGE AND AGREE THAT ITALKBB HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ITALKBB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ITALKBB. ITALKBB WOULD NOT BE ABLE TO PROVIDE THE ITALKBB ELITE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
All disputes shall be governed by the laws of State of Texas, without regards to its conflict of law’s provisions. Jurisdiction and venue for any controversy, allegation, or claim arising or relating to the iTalkBB Elite Services, Content, these Terms of Use or any modification thereof (collectively, “Dispute”) shall be in Travis County, Texas. You hereby submit to personal jurisdiction and venue in Travis County, Texas.
Both you and iTalkBB waive the right to dispute as a class, consolidated, representative, or private attorney, and general action, or to participate in any such action regarding any Dispute brought by anyone else.
iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
iTalkBB reserves the right to change the Terms of Use for iTalkBB Elite Services at any time ("Changes"). Changes will be posted on iTalkBB Elite website thirty days prior to the effective date of the Change. User acknowledges receipt of the notice, and the Changes will be enforceable on User as of the effective date. By continuing to use the iTalkBB Elite Services, User is considered to have accepted the Changes.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iTalkBB without restriction.
These Terms of Use, as amended or modified from time to time, reflect our complete agreement (“Agreement”) regarding the iTalkBB Elite Services and supersede any prior agreement, representation, warranties, assurances or discussions related to the iTalkBB Elite Services.
Thank you for choosing to creating a Service Provider Account or iTalkBB Elite Member Account with iTalkBB Elite Services. Your use of iTalkBB Elite Services as either a Service Provider or Member is subject to the following additional terms (“Service Provider Terms”), which complement and supplement the Part I of Terms of Use provided above. These Service Provider Terms govern your access to and utilization of your Service Provider Account or iTalkBB Elite Member Account. In the event of any conflicts arise between these Service Provider Terms and the Part I of Terms of Use, the Service Provider Terms shall take precedence. Please thoroughly review these Service Provider Terms before using the iTalkBB Elite Service. By creating, accessing, or using your Service Provider Account or iTalkBB Elite Member Account, you acknowledge and agree to these Service Provider Terms, thereby legally binding yourself to their provisions. Accessing or using a Service Provider or iTalkBB Elite Account without agreeing to these Service Provider Terms is not allowed. In the event of any termination of these Service Provider Terms, whether by you or us, these Service Provider Terms shall remain fully effective.
By using the iTalkBB Elite Services as a Service Provider or Member, you confirm your authority to represent and bind associated businesses to the Service Provider Terms. Your access to and usage of the Service Provider Account or iTalkBB Elite Member Account are strictly as an authorized representative of your business. Furthermore, you agree that your business complies with relevant laws and refrains from engaging in illegal activities. Additionally, you grant iTalkBB a royalty-free, non-exclusive, and non-transferable license to display your public website on the iTalkBB Elite Services. You also consent to iTalkBB contacting you via phone call, text messages, or email using the contact information provided, publicly available, or on record for your business. Such communications may be recorded for quality or investigative purposes. You warrant not to use any iTalkBB or iTalkBB Elite trademark in any manner without iTalkBB’s prior written consent; nor misrepresent your identity or affiliation in connection with iTalkBB.
iTalkBB may collect basic publicly available information, such as business name, location, and contact details, for Service Providers sourced from third parties that retrieve information from public records and other channels. If you find inaccuracies in your Service Provider information on iTalkBB Elite website and App or wish to have your information removed from the iTalkBB Elite website and App, please contact our customer service (refer to Part II, Section 11) for assistance.
If you are a Service Provider or Member using iTalkBB Elite Services, we may collect and store certain information that you disclose to us, such as your business license, areas of expertise, and demographic details. By providing this information to us, you grant iTalkBB to utilize or disclose it in the course of operating the iTalkBB Elite Services. Further details on how we handle this information can be found in our Privacy Policy.
In the event that any User suffers damages due to false, misleading, or inaccurate information provided by either the Service Providers or Members, it is agreed that the Service Provider or Members shall bear sole accountability. By utilizing the iTalkBB Elite Services, Service Providers and Members agree to indemnify iTalkBB from any liabilities arising from such instances. This includes, but is not limited to, financial losses, reputational damage, or other adverse effects resulting from reliance on inaccurate information provided by the Service Provider or Members. It is essential for all parties involved to exercise due diligence and caution when providing or relying on information within the scope of the iTalkBB Elite Services. Service Providers or Members also reserve the right to request removal of the information they provided to iTalkBB from iTalkBB Elite Services by submitting written notice, with iTalkBB obliged to remove such information from the iTalkBB Elite website and App within 30 days.
iTalkBB offers annual subscriptions to its iTalkBB Elite Membership. The annual subscription fees can be obtained by contacting our sales representatives through the website or App. You have the option to choose between paying the annual subscription fees annually or monthly (“Annual Pay One-Year Subscription” or “Monthly Pay One-Year Subscription”). At the time of your subscription, you are required to provide a valid credit card for payment, authorizing automatic charges for the subscription fees, applicable surcharges or other add-on charges. The subscription billing period for the Annual Pay One-Year Subscription is twelve (12) calendar months from the date your credit card is charged at the time of subscription. For Monthly Pay One-Year Subscription, the subscription billing period is one (1) calendar month from the date your credit card is charged at the time of subscription.
We reserve the right to offer special one-time promotions for the Annual Pay One-Year Subscription, which may include extending the subscription to 15 months for its initial year. Following the promotional 15-month period, automatic renewal will be applied. Renewal will revert to a standard 12-month Annual Pay One-Year Subscription thereafter.
Your subscription to the annual iTalkBB Elite Membership automatically renews on the final day at 24:00 PT/PST of your annual term unless cancelled unless cancelled. The initial term of your subscription is for one year. At the end of the initial term, the subscription will automatically renew for an additional one-year term. If you do not wish to renew your subscription, US residents or entities must cancel the subscription 30 days before it is renewed, while Canadian residents or entities must cancel before the final day of their annual term. You will receive an email notifying you before your subscription renews. If you would like to cancel the iTalkBB Elite Membership, please contact iTalkBB Customer Service at 1-888-637-9666 or elite.sales@italkglobal.com for cancellation instructions. However, any subscription to Add-On features will automatically be terminated at the end of your annual subscription term. If you wish to continue subscribing to the Add-On features, please contact our customer service.
If your annual plan is renewed, your credit card will be charged on the same date and month as the original subscription. The charged amounts are subject to change based on plan adjustments, applicable surcharges, or transaction fees. Additionally, any discounts associated with annual subscription fees may be subject to change, with prior notice provided. We reserve the right to change the annual subscription fee for the iTalkBB Elite Membership for any subsequent billing period at any time, with notice provided to you via email to the address registered for your account. If such a change to the annual subscription fee occurs, the automatic renewal of your subscription will be cancelled. You should contact our customer service to resubscribe to the iTalkBB Elite Membership if you wish to subscribe for another annual term under the new subscription fees. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify iTalkBB within sixty (60) days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
If you desire to cancel the iTalkBB Elite Membership, please contact our customer service at elite.sales@italkglobal.com and include your registered email, phone number, name, and account ID in the email.
If you cancel your subscription to the Annual Pay One-Year Plan, THERE WILL BE NO REFUND OF ANY FEES PAID. If you cancel your subscription to the Monthly Pay One-Year Plan, NO MONTHLY FEES PAID WILL BE REFUNDED, AND YOU WILL ALSO BE LIABLE TO PAY AN EARLY TERMINATION FEE EQUAL TO THE REMAINING SUBSCRIPTION FEES IN YOUR ANNUAL SUBSCRIPTION.
You acknowledge and agree that, to the extent not prohibited by applicable law, cancellation of your subscription is your sole recourse for addressing dissatisfaction or concerns related to the iTalkBB Elite Membership, including fees, surcharges, billing methods, Terms of Use, policy changes, or other applicable practices.
Upon canceling your iTalkBB Elite Membership, you will retain access to your account to review its information, such as payment history, Member details, and your User Content. However, all Member features on your Service Provider Page will be removed. Additionally, we reserve the right to either remove the entire Member’s Service Provider Page or convert the Member’s Service Provider Page into a basic Service Provider Page. You can request the removal of your Service Provider Page after cancellation.
Deleting the iTalkBB Elite App or stop using the iTalkBB Elite Services does not automatically cancel or terminate your iTalkBB Elite Membership. To terminate your iTalkBB Elite Membership, you must follow the cancellation procedures set forth in these Terms of Use.
iTalkBB will establish a maximum cap (the “Membership Cap”) for iTalkBB Elite memberships within each geographical area and category or sub-category, aiming to optimize service quality and user experience. By subscribing to the iTalkBB Elite Membership and agreeing to the Terms of Use, you acknowledge and consent to our discretion in establishing and adjusting the Membership Cap to meet evolving demands and changes in the business environment. Members will receive notifications regarding any changes made to the Membership Cap. iTalkBB also reserves the right to interpret and enforce the Membership Cap, allowing us to evaluate individual cases and make decisions in line with our policies. This interpretative authority ensures fairness and consistency in our membership management practices while allowing us to adapt to changing circumstances and requirements.
Under certain circumstances, Members may have the option to submit, create, or transmit Member-generated content ("Member Content") within the iTalkBB Elite Services and other platforms owned and operated by iTalkBB and its affiliates, such as the iTalkBB TV Multi Device Mobile App/Website and iTalkBB Chinese TV set-top-box (referred to collectively as "iTalkBB Platforms"). As the creator and publisher of Member Content, Members bear full responsibility, including the risks associated with disclosing personal information and others relying on its quality and accuracy. By publishing Member Content, Members affirm ownership or necessary permissions for its use, including any copyrighted materials such as music, pictures, and other content. Members may be liable if their Member Content is false, misleading, defamatory, or infringes on third-party rights, including copyrights or trademarks, violates laws or regulations, or breaches the Terms of Use of iTalkBB Platforms. Members must not imply sponsorship or endorsement by iTalkBB in their Member Content unless expressly permitted by iTalkBB.
By submitting or publishing Member Content, Members grant iTalkBB a royalty-free, non-exclusive, and non-transferable license to use, modify, publish, and distribute the content. iTalkBB may sublicense this Member Content to its affiliates for advertising purposes in commercially reasonable manners. Furthermore, iTalkBB reserves the right to use the Member Content even after the Member’s Membership expires, unless the Member specifically requests the removal of the Member Content. Members are responsible for managing and storing their Member Content. iTalkBB is not obligated to keep or provide copies of Member Content and does not ensure confidentiality regarding Member Content. iTalkBB reserves the right to screen, monitor, modify, remove, or restore Member Content at its discretion, for reasons including but not limited to: (i) perceiving the content as offensive, inappropriate, deceptive, objectionable, inaccurate, or incomplete; (ii) content infringing or may on third-party rights; or (iii) content violating laws or regulations. iTalkBB reserves the right to take action without providing prior notice to Members.
iTalkBB provides creative and production services for various content types such as video, picture, artwork, slogan, and articles (collectively referred to as "Work Product") for both Service Providers and Members. You may request iTalkBB to produce Work Product for advertising on the iTalkBB Elite website and App, with payment required if not included in the iTalkBB Elite Membership package. You grant iTalkBB the authority to utilize the following materials to fulfill the Work Product: (i) intellectual property, copyrighted material, trademarks, or depictions of trademarked goods or services; (ii) testimonials or endorsements; (iii) the name, photograph, likeness, or identity of individuals, whether famous or not, living or deceased; and (iv) any other necessary rights, licenses, permissions, clearances, or approvals required to perform this work. Upon completion and payment, you own the copyrights to the Work Product and grant iTalkBB a non-exclusive license to use them for advertising purposes in commercially reasonable manners. You retain the right to request cessation of Work Product utilization by providing written notice, with iTalkBB obligated to cease usage and remove them from the iTalkBB Elite website and App within 30 days. You indemnify and hold iTalkBB harmless from any claims, damages, or liabilities related to the production or use of provided materials.
You are prohibited from using your iTalkBB Elite Services in any way that is illegal, fraudulent, improper or inappropriate. Additionally, you are not allowed to use any automated methods to manipulate iTalkBB Elite Services or to violate any law, rule, regulation or any third party's intellectual property or personal rights.
iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Elite Services or Customer's Service in its sole discretion at any time. If the iTalkBB Elite Services is terminated as a result of a breach or misconduct by Service Providers or Members, you will be held liable for any loss of your content and data in your account as well as any applicable fees; Members will not receive any refund.
Members have the capability to communicate directly with registered Users via the Chat Feature. While iTalkBB does not actively monitor these conversations, Users can report any unwanted or harassing messages to Customer Service for investigation (refer to Part I, Section 11). If it is confirmed that any Members are sending abusive or harassing messages, their membership will be terminated without refund.
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM INITIATED EITHER BY YOU OR ITALKBB. ANY CLAIM NOT COVERED BY THIS SECTION IS INSTEAD GOVERNED BY SECTION 14 and 15 OF PART I OF THE TERMS OF USE.
We reserve the right to provide notices to you via mail, email, or any other reasonable method chosen by us. All legal notices directed to us should be sent to: Legal Department, iTalk Global Communications, Inc., 1120 South Capital of Texas Highway, Bldg. 3, Suite 110, Austin, Texas, 78746, iTalklegal@iTalkglobal.com. If you have question regarding the iTalkBB Elite Services, please contact iTalkBB Customer Service at EliteSupport@italkbb.com.