You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.
Terms of Use
Last Updated: 5/28/2024
Scope: techalker.substack.com related publication or subscription content (provided by Business as defined below hereinafter referred to as “TechTalker”) and related interactions (collectively “Subscription”).
THE AGREEMENT: The use of this Subscription is subject to the following terms of use (hereinafter the "Agreement").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: TechTalker
b) You: You, as the subscriber to the Subscription (“Subscriber”), will be referred to throughout this Agreement as “You”.
c) Parties: Collectively, the parties to this Agreement (TechTalker and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Subscription, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please discontinue use of the Subscription immediately. TechTalker only agrees to provide use of this Subscription to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Subscription. By using this Subscription, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE SUBSCRIPTION CONTENT
You are granted a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access the Content (defined below) according to this Agreement ("Limited License").
5) INTELLECTUAL PROPERTY
This Subscription may contain trademarks, trade dress, servicemarks, copyrights, patents, ideas, processes, video, audio, text, data, know-how, expressions of ideas, code, algorithms, photos, and other content provided by Us (“Content”). All Content and the derivatives thereof are the property of Us, our affiliates, or our licensors. You agree not to reproduce, make available, create derivatives of, copy, publish, translate, download, ghost, take photos of, replicate, transmit, or distribute the Content in any way. Notwithstanding the foregoing, you are permitted to use Content for educational and internal purposes, but not for commercial purposes. You may use Content in your own newsletter or blog provided you give attribution rights to Us any other third-party attributions we provide from the Content you use.
6) YOUR LICENSE GRANT TO US
You hereby grant Us a royalty-free, non-exclusive, perpetual, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Subscription or to us related to the Subscription without any attribution rights for any purposes we deem reasonable.
7) USER OBLIGATIONS
Not limiting the other obligations of this Agreement, You must
Always provide accurate information;
Take appropriate steps to ensure the security of your username and password;
Taking reasonable actions to protect unauthorized access to this Subscription.
8) ACCEPTABLE USE and FURTHER USE RESTRICTIONS
Not limiting the Limited License or any restrictions and/or obligations of this Agreement, You further agree not to use the Subscription:
To harass, abuse, or threaten others or otherwise violate any person's legal rights;
For any illegal purpose;
Provide access for unauthorized individuals to this Subscription;
To violate any intellectual property rights of Us or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To create for yourself or others competing services or goods of Us or our affiliates;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others;
To directly or indirectly copy or allow the copying of any material on the Subscription by scraping, robots, spiders, crawlers, deep-link, page-scrape or any other similar automated method;
To create directly or indirectly an unreasonable or disproportionate load on the Subscription;
To circumvent the normal navigation of the Subscription;
To access any unpublished content or pages of the Subscription;
To sell, rent, lease, license, make available, copy, distribute, sublicense, or assign the Subscription.
9) PRIVACY INFORMATION
Any personal information (as such is defined by applicable law) processed through this Subscription where we are determining the means and purposes of such processing is subject to our Privacy and Cookies Policy which is hereby incorporated by reference.
10) SERVICES
You may purchase goods and/or services from Us through this Subscription or otherwise. Such purchase may be subject to its own terms and conditions. If at any time you are not granted a specific right or license in this Agreement or any purchase agreement, you do not have such right or license.
11) SUBSTACK
You understand and acknowledge that this Subscription is provided via the platform Substack. You agree to review Substack’s terms of service, terms of use, privacy policies, and any other policies pertaining to your use. You understand that such policies and agreements are between you and Substack.
12) INDEMNIFICATION
You agree to defend and indemnify Us and any of our affiliates (if applicable) and hold Us and our affiliates harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or related to Your use or misuse of the Subscription, Your breach of this Agreement, or Your negligent or unauthorized conduct or actions.
13) THIRD-PARTY LINKS
We may occasionally post links to third party websites or services. You should check those sites’ terms of use and decide if you wish to agree to them. You agree that We are not responsible or liable for any loss or damage caused as a result of Your use of any third-party websites or other services linked to from Our Subscription.
14) MODIFICATION & VARIATION
We may from time to time modify this Agreement. We will use commercially reasonable efforts to give you advanced notice of any modifications. You agree to check for modifications each time you visit this Subscription. Your continued use of the Subscription indicates your acceptance of the modifications. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Subscription and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Subscription. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Subscription.
16) TERM, TERMINATION & SUSPENSION/NO REFUND
We specifically reserve the right to terminate this Agreement and/or suspend your access to the Subscription if You violate any of the terms outlined herein. There are no refunds for Subscription payments.
17) NO WARRANTIES
You agree that Your use of the Subscription is at Your sole and exclusive risk and provided by Us on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. WE make no warranties that the SUBSCRIPTION will meet Your needs or that the SUBSCRIPTION will be uninterrupted, error-free, or secure. WE MAKE no warranties as to the reliability or accuracy of any information on the SUBSCRIPTION. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the SUBSCRIPTION is Your sole responsibility and that WE ARE not liable for any such damage or loss. We make no guarantee of the number or frequency of posts. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS SUBSCRIPTION IS NOT LEGAL ADVICE!
18) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to You as a result of Your use of the Subscription whether or not foreseeable. This section applies to any and all claims related to YOUR Subscription.
19) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Subscription, You agree that the laws of the State of Wyoming shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and Us as the Business DigitalThink Educar LLC, with the exception of its conflict of law provisions.
c) ARBITRATION: In case of a dispute between the Parties, the Parties shall then submit the dispute to binding arbitration. Each Party shall pay their own costs and fees. Intellectual property claims by Us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. You must pay attorney's fees if you lose any part of a complaint.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Us, the rights and liabilities of Us will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, network issues, acts of God, acts of civil authorities, war, pandemics, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and acts which are at least partially due to unforeseen circumstances.