Terms of Service

Last updated: 22 Nov 2020

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

SesameTalk.com (hereinafter referred to as “SesameTalk”, “we”, “us” or “our”) provides an online platform that enables members, to host, join or request free or premium events (collectively, the “Service”). SesameTalk does not create/promote/sell his own hosts, tours, event organizers. SesameTalk does not hire hosts, tours, event organizers to organize, host, participate events, including but not limited to guiding and touring events.

These Terms of Service (“Terms”) apply to your access to and use services at www.SesameTalk.com (/) and any other websites through which SesameTalk makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).

“Content” means content, messages, data, information, text, graphics, images, music, audio, video, information or other materials.

“Member” means an individual who completes SesameTalk account registration process.

MODIFICATION

SesameTalk reserves the right to modify or discontinue, temporarily or permanently the Site, Application or Services or to modify these Terms, including the Service Fees, at any time, with or without prior notice. We will update the “Last updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. It is recommended that you frequently check these Terms published on the Site for updates. Your continued use of the Site, Application or Services will constitute your acceptance of such changes or modification.

ELIGIBILITY

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

ACCOUNT REGISTRATION

Your SesameTalk Account and your SesameTalk Account profile page will be created for your use of the Site and Application based upon the information you provided to us. You may not have more than one active SesameTalk Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You agree that you will take sole responsibility for any activities on the Site and Application whether or not you have authorized such activities or actions. You are not permitted to share your SesameTalk Account with anyone or allow others to access or use your SesameTalk Account, unless expressly authorized.

TERMINATION

You understand that if you are in breach of these Terms, or any other policies, we may, in our discretion delete or suspend your SesameTalk Account, in part or in whole, at any time, with or without notice. You agree to waive SesameTalk from any liability associated with such suspension or deletion.

THIRD PARTY TERMS

SesameTalk may offer the opportunity to purchase products and services from third parties. You acknowledge that such products and services are offered and sold to you by one or more third parties. Please refer to the applicable third party’s terms and privacy policy.

INTERACTIONS WITH OTHER MEMBERS

You are solely responsible for your interactions with other members of the Site, Application and Services. SesameTalk has no obligation to monitor interactions between you and other members of the Site, Application and Services. SesameTalk does not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Site, Application and Services.

CONDITION OF USE

  1. Granting License:

    By uploading, submitting, or posting any Content to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

  2. Member Conduct:

    You understand and you agree that you are solely responsible for any 1) content (content, messages, materials, data, information, text, photos or other items or materials, collectively “Content”) that you submit, post or transmit and 2) events (events, meetings, activities, requests, collectively “Events”) that you organize, host, request via the Site, Application and Services. You may not and you agree that you will not post, upload, publish, transmit, distribute, store or create any Content that:

    1. are unlawful, political, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, provincial, national or other law or regulation;
    2. contain unsolicited promotions, advertising or solicitations, without our prior written consent;
    3. contain nudity, sexually explicit content or are pornographic or indecent;
    4. contain offensive language or images or are otherwise objectionable;
    5. contain private or personal information about any other person without their permission;
    6. interfere with or damage the Site, Application or Services, including without limitation, through the use of viruses, spyware, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    7. conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction, data harvesting on or in relation to the Site, Application or Services without our prior written consent;
    8. collect or store any information about any other member;
    9. hold yourself out as an agent, representative, employee or affiliate of SesameTalk.
  3. Global Use:

    SesameTalk requires that you comply with the specific laws and regulations of your locale. It is the responsibility of the Member to be familiar with, and adhere to, local laws and regulations. By using the Service, you release SesameTalk from any liability should your Event violate local laws.

  4. Commercial Use:

    SesameTalk’s service is strictly intended for personal use, for both Memebers and Merchants. Any commercial use of SesameTalk’s Site, Services, Application, name, or copyrighted content other than the specific use of the Service as. Violation of this policy may result in cancellation of an account, civil legal action, or criminal legal action per our discretion.

  5. Taxes:

    You understand that we are acting solely as an intermediary for the collection of fees between you and any Merchants or customers with whom you choose to enter into a transaction. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.

REPORTING MISCONDUCT

If you interact with anyone through the Site, Application or Services who you feel is acting or has acted inappropriately, including but not limited to a) offensive, violent or sexually inappropriate behavior, b) stealing from you, or c) disturbing conduct, you should immediately report such person to the appropriate authorities and to us by contacting us using the Report Safety. Please note that we are not responsible or liable for our member’s actions, and we are not obligated to take any action.

INTELLECTUAL PROPERTY RIGHTS

The Site, Application, Services, and Content are protected by copyright, trademark, and other proprietary rights and laws, as may be applicable. You may not modify, use, distribute and reproduce such materials without our prior written consent.

THIRD PARTY LINKS

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SesameTalk is not responsible or liable for the content, products, services, accuracy and availability of such websites or resources. You are responsible for and must bear all risks associated with your use of such websites or resources. We use Google services, and by using this feature of the Services, you agree to be bound by Google’s Terms of Use.

DISCLAIMERS

If you choose to use the Site, Application or Services, you do so at your sole risk. The Site, Application or services are provided “As is” and “As available” basis. SesameTalk expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title and non-infringement as to the Site, Application, Services, Content and Events.

You are solely responsible for all of your communications and interactions with other members of the Site, Application or Services. SesameTalk does not make any attempt to verify or review the Content or Events of the Site, Application or Services.

No data, advice or information, whether oral or written, obtained from SesameTalk or through the Site, Application or Services will create any warranty not expressly stated in these terms.

SesameTalk makes no warranty that (a) The Site, Application, Services, Content, Events will meet your requirements; (b) The Site, Application, Services, Content, Events will be uninterrupted, timely, secure, or error-free; (c) Any information, Content, events that you may obtain through the Site, Application or Services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the Site, Application or Services will meet your expectations; (e) Any information you provided or we collect will not be disclosed to third parties; or (f) any errors in any data or software will be corrected.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, in no event shall SesameTalk, or our directors, employees or agents be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to loss of profits, loss of data or loss of goodwill, tort, negligence or otherwise, even if we have been advised or the possibility of such damages, arising from or relating to: (a) the use or inability to use the Site, Application or Services, from any communications, interactions or meetings with other members of the Site, Application or Services; (b) the cost of replacement of any goods, services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site, Application or Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements, conduct or omissions of any service providers or other third party on the Site, Application or Services; (e) You or anyone else’s conduct or acts in connection with the use of the Site, Application or Services; or (f) Any other matter relating to the Site, Application, Services.

SesameTalk shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to cause beyond our reasonable control.

In no event will SesameTalk’s total liability to you or any third party in any matter arising from or relating to the Site, Application or Services or Terms exceed the amount you have paid SesameTalk in the last six (6) months, or, if greater, one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of services, your sole and exclusive remedy is to discontinue use of the Site, Application or Services.

INDEMNITY

You agree to release, defend, indemnify, and hold SesameTalk and its affiliates and their officers, directors, employees and agents, harmless and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, actions of any kind and injury (including death) arising out of in any way connected with (a) your access to or use of the Site, Application, Services, Content, Events or your violation of these Terms.; (b) your interaction with any members.

DISPUTES

Disputes between members, including Merchants, are strictly the responsibility of the parties involved, and SesameTalk is in no way liable for such disputes or their outcomes. At SesameTalk’s discretion, a SesameTalk representative may get involved in an unofficial capacity to help resolve a dispute. Such involvement in no way implies liability on the part of SesameTalk for the dispute or its outcome.

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