talksmith

Terms & Conditions


Terms of Use – TalkSmith LLC


Introduction and Overview

These Terms of Use (“Terms”) set forth a legally binding agreement between you and TalkSmith LLC (“TalkSmith,” “we,” “our,” or “us”) and govern your use of any website, mobile application, or online service location that posts a link to these Terms (each, a “Site”), and all features, content, media, productions, and other services that we own, control, and make available to you that reference these Terms (collectively, with the Sites, the “Service”).

By visiting the Site or using the Service in any way, you agree to be bound by these Terms and all applicable laws and regulations, and you acknowledge our collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree with these Terms, you may not use the Service.

We may update these Terms from time to time, and any changes will be effective immediately upon posting. Your continued use of the Service after posting changes means you accept those changes.


Agreement to Arbitrate Disputes;

Choice of Law

PLEASE READ CAREFULLY: 

These Terms include a mandatory arbitration agreement, a class action waiver, and a waiver of jury trial rights.

A. We Both Agree to Arbitrate.
You and TalkSmith agree to resolve any disputes related to these Terms, the Service, our content, or our Privacy Policy through final and binding arbitration, except for intellectual property claims, which may be brought directly in court.

B. Arbitration Process.
Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules before a single arbitrator in New York, NY, unless otherwise agreed. The arbitrator’s decision will be final and binding.

C. No Class Actions.
You may only resolve disputes with us on an individual basis.

D. Waiver of Jury Trial.
You and TalkSmith waive any right to a jury trial in any legal proceeding.

E. Choice of Law.
These Terms will be governed by the laws of the State of New York, excluding conflict of law rules.


Use of Our Service

A. Content Ownership.
The Service contains films, shows, podcasts, scripts, graphics, articles, photography, designs, software, and other creative works (“Content”). All rights are owned by TalkSmith or our licensors.

B. Limited License.
We grant you a limited, non-exclusive, non-transferable license to access and use the Service and Content for personal, non-commercial purposes.

C. Accounts.
Some features may require an account. You agree to provide accurate information and keep it updated. You are responsible for all activity under your account.

D. Restrictions.
You may not use the Service for unlawful purposes, interfere with its operation, copy or distribute Content without permission, or engage in any activity that violates these Terms.

E. Minors.
The Service is not intended for users under 13 years old. If you are between 13 and 18, you must have parental consent.

F. Termination.
We may suspend or terminate your access to the Service at any time.


User Submissions

If you send us feedback, creative ideas, scripts, media, or other materials (“Submissions”), you grant TalkSmith a worldwide, perpetual, irrevocable license to use, adapt, publish, and distribute them in any media without compensation. You represent that you have the rights to grant this license.


Access to Media and Events

From time to time, TalkSmith may provide access to:

  • Online streaming of films, shows, and podcasts
  • Digital content for limited viewing periods
  • Live or virtual events

Access is for personal use only and may be revoked at our discretion. Availability may vary based on licensing agreements and technical conditions.


Customer Support

For any questions about the Service, email 

While we aim to provide helpful support, we are not obligated to offer any specific level of service.


Third-Party Services

The Service may link to or integrate with third-party platforms. We are not responsible for the content, terms, or practices of those third parties. Use them at your own risk.


Service Features

A. Wireless Features.
The Service may offer mobile access or streaming. Data charges from your provider may apply.

B. Communications.
You can opt out of promotional emails by following the unsubscribe link


Disclaimer of Warranties

The Service and Content are provided “as is” and “as available” without warranties of any kind, except as required by law.


Limitation of Liability

To the maximum extent permitted by law, TalkSmith will not be liable for indirect, incidental, or consequential damages, or for loss of profits, data, or goodwill.


Indemnification

You agree to indemnify and hold harmless TalkSmith from claims related to your breach of these Terms or misuse of the Service.


Waiver of Injunctive Relief

You agree not to seek to enjoin or interfere with the development or distribution of TalkSmith’s content or services.


Updates to Terms

We may update these Terms at any time by posting them on the Site. Your continued use of the Service means you accept the updated Terms.


General Provisions

  • These Terms are the complete agreement between you and TalkSmith regarding the Service.
  • If any provision is found invalid, the rest remain in effect.
  • You may not assign these Terms without our written consent.

Contact Us

For questions or legal notices:
TalkSmith LLC