1. Introduction
1) Acceptance of Terms: By accessing and using the BerryTalk platform, you are confirming your acceptance of these Terms of Service (the "Terms"). These terms form a binding legal agreement between you and BerryTalk. The expressions "we", "us", and "our" refer to BerryTalk. Please review these terms thoroughly before engaging with our services. These terms apply to all users, whether registered or not. If you disagree with any part of the terms, you must discontinue using the BerryTalk services immediately.
2) Ownership and Operation: The BerryTalk service is owned and operated by the BerryTalk Team ("we" or "us"). This agreement provides you with the right to access and use our services as outlined in these Terms. This agreement does not provide any benefits or rights to third parties.
3) Service Accessibility and Charges: While most components of our services are available free of charge, certain features may enable or require purchases. Unless stated otherwise for specific service components, no fees are charged for downloading or basic usage.
4) Interactions with Social Networking Sites: If you access our services through a social networking site (SNS) like Facebook, you also agree to adhere to the terms of service of the SNS in addition to these Terms.
2. Eligibility
1) Age and Legal Capacity: To use the BerryTalk app and its services, you must be at least eighteen (18) years old. You must also not be prohibited from using the app or receiving its services under the laws of the jurisdiction applicable to you. Additionally, you must possess the legal capacity and authority to enter into this Agreement and form a binding contract with us.
2) Restrictions Based on Conduct and Legal Status: You are not eligible to use our services if:
· You are under the age of 18.
· You have been convicted or accused of sex offenses, human trafficking, or modern slavery.
· You lack the legal capacity to form a binding contract.
· You are legally barred in any manner from using the services by the laws of the country in which you reside.
1) Grant of License: We grant you a non-exclusive, non-transferable, non-sublicensable, limited license to use the BerryTalk services solely for your personal, non-commercial purposes. This license is contingent upon your full compliance with the terms and conditions set forth in these Terms of Service (TOS).
2) Intellectual Property Rights: This license does not grant you any rights beyond those expressly mentioned. We retain all rights, titles, and interests in the BerryTalk services, including but not limited to all intellectual property rights such as copyrights, trademarks, trade secrets, patents, and rights to any computer code, audiovisual effects, themes, characters, dialogues, settings, artwork, sound effects, musical compositions, and moral rights, whether registered or not. Copying, reproducing, or distributing any content from the services, in whole or in part, in any form without our prior written consent is strictly prohibited. All rights not explicitly granted to you are reserved by us.
3) Nature of Licensing: The services and all contents therein are provided under a license, not sold to you. You acknowledge that you do not acquire any ownership rights to any content within the service, including any virtual items or currency that may appear in or result from the services, whether earned within the service or purchased from us or third parties.
1) Prohibited Activities: By using the BerryTalk services, you agree not to engage in the following prohibited activities under any circumstances:
2) Unauthorized Software and Cheating: Do not use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
3) Legal Compliance: Do not use the Services in violation of any applicable law or regulation.
4) Commercial Use: Do not use the Services for any commercial purposes such as advertising, solicitation, or sending commercial advertisements like spam emails, chain letters, pyramid schemes, or any other get-rich-quick schemes.
5) Fraudulent or Abusive Use: Do not use the Services for fraudulent or abusive purposes, including impersonating any person or entity, or misrepresenting your affiliation with a person, entity, or the Services.
6) Disruption: Do not disrupt, interfere with, or adversely affect the normal flow of the Services or act in any manner that may negatively affect other users' experience.
7) Overburdening Services: Do not disrupt, overburden, or assist in disrupting or overburdening any computer or server used to offer or support the Services.
8) Unauthorized Access: Do not attempt to gain unauthorized access to the Services, accounts registered to others, or to the computers, servers, or networks connected to the Services by any means other than the interface provided by us, including attempting to circumvent or modify any security or encryption measures part of the Services.
9) Inappropriate Content: Do not post or link to any content that contains nudity, excessive violence, or is abusive, threatening, obscene, defamatory, libelous, or objectionable on the basis of race, sex, religion, or otherwise.
10) Toxic Behavior: Avoid engaging in ongoing toxic behavior, such as repeatedly posting information in an unsolicited manner.
11) Harassment and Abuse: Do not engage in, or encourage others to engage in, harassment, abuse, or harm of another person or group, including BerryTalk employees, directors, officers, and customer service representatives.
12) Infringement of Rights: Do not make available through the Services any material or information that infringes on the copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity, or other rights of any person or entity, or impersonate any person, including BerryTalk personnel.
13) Prohibited Technical Activities: Unless explicitly permitted by law, refrain from attempting to decompile, reverse engineer, disassemble, or hack the Services, or to defeat or overcome any encryption technologies or security measures implemented by us with respect to data transmitted, processed, or stored by us, or to obtain information from the Services through any method not expressly permitted by us.
14) Unauthorized Solicitation: Do not solicit or attempt to solicit personal information, login information, or other security credentials from any user of the Services.
15) Data Harvesting: Refrain from harvesting, scraping, or collecting information about other users of the Services, including but not limited to the use of pixel tags, cookies, GIFs, or similar technologies that are sometimes referred to as spyware.
16) Privacy Violations: Do not post or distribute anyone’s private information, including personally identifiable information, identification documents, or financial information through the Services.
17) Misuse of Services: Avoid any actions that conflict with the spirit or intent of the Services or improperly use our support services.
5. Content Provided by Others
1) Responsibility for Content: The content available through our Services is primarily produced by users, publishers, and other third parties. Whether this content is posted publicly or transmitted privately, it remains the sole responsibility of the entity or individual who created and submitted it. BerryTalk does not claim ownership or responsibility for this content.
2) Monitoring and Enforcement: While BerryTalk reserves the right to monitor content appearing on our Services and to remove any content that violates these Terms, we do not review all content submitted. Consequently, we cannot take responsibility for any content provided through our Services.
3) No Endorsement of Content: We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by users or any opinions expressed therein. You agree to waive, and by using our Services, you do waive, any legal or equitable rights or remedies you have or may have against us concerning such content.
4) Risk of Reliance: You acknowledge that relying on any content created by other users of BerryTalk is at your own risk.
1) Account Creation and Login Security: You may be required to create an account ("Account") and select a password or use other credentials to access the Account ("Login Information"). You agree not to share your Login Information with anyone, and you are solely responsible for maintaining its confidentiality. You are also responsible for all activities that occur under your Account, including any purchases made. We will assume that anyone logging into your Account with your Login Information is either you or someone authorized by you.
2) Account Security Responsibilities: You are accountable for any activities that occur within your Account. To enhance security, we advise you to choose a strong, unique password that is not used for any other accounts.
3) Account Usage Regulations: By using our Services, you agree to the following:
· Do not create more than one account for yourself.
· Do not create another account if your previous account has been disabled, unless you have received our written permission.
· Do not buy, sell, rent, or lease access to your BerryTalk account without our explicit written permission.
· Keep your password confidential and do not share it.
· Avoid logging in or attempting to access the Services through unauthorized third-party applications or clients.
1) Service Offerings and Payment: We offer various services within BerryTalk, which you can purchase using in-app coins. While you do not own these services outright, you are purchasing the right to use them. Prices will be clearly displayed before you confirm any purchase. However, BerryTalk does not handle payment or payment processing; this is managed by third-party payment providers, such as Apple's iOS Store and Google's Google Play Store. Please be aware that you might be charged sales tax based on your location, as dictated by the terms of the third-party service provider.
Additionally, all purchases are final and non-refundable. By proceeding with a purchase, you acknowledge that our performance begins immediately upon completing the transaction, giving you instant access to the purchased service. Therefore, you waive any rights to cancel the purchase or to receive a refund under any local laws once the transaction is completed.
2) Virtual Products Usage: Some virtual products available for purchase in our services are for one-time use, while others may be used repeatedly. However, the term "repeated" does not imply perpetual use. We reserve the right to change, modify, or eliminate any virtual products at any time without notice. You agree that we will not be liable to you or any third party for taking these actions.
If your BerryTalk account remains inactive for three consecutive months, any free virtual coins may be frozen. To unfreeze your coins, you must contact us via email with a request to unfreeze them. After reviewing your request and your account information, we will unfreeze your virtual coins as quickly as possible. You acknowledge that we have the absolute authority to manage, regulate, modify, or eliminate virtual coins at our discretion, and we bear no liability for exercising this right.
3) User Responsibility for Purchases: You are solely responsible for managing your purchases within the Services. If you are under 18 years old, or below the age of majority in your jurisdiction, you must have parental or guardian consent before making any purchases.
4) Financial Transactions: BerryTalk does not handle monetary transactions directly and is not a money-services business. Any financial functionalities offered through the Services are managed by third-party providers, each governed by their own Terms of Service.
5) In-App Purchases (IAP): BerryTalk enables in-app purchases through platforms such as iTunes, Google Play, or other BerryTalk-authorized application platforms. When you engage in an IAP, you will need to provide your account details for the respective application platform, which will then charge your account according to the terms disclosed at the time of purchase and the general terms applicable to in-app purchases on that platform. Depending on your location, you may be subject to sales tax.
If you opt for an auto-recurring periodic subscription, your account will be continuously billed until you cancel the subscription. Following the initial subscription period, and after each subsequent period, your subscription will automatically renew for an additional period at the agreed-upon price unless you cancel it. You can cancel your subscription either through the BerryTalk app or by logging into your application platform account and following the cancellation instructions. Deleting the BerryTalk app or your account on BerryTalk does not cancel your subscription. Until you cancel the subscription through the application platform, BerryTalk will retain all funds charged to your account. Usage of the subscription continues until the end of the current subscription term and will not renew once it expires.
6) Refund Policy for In-App Purchases: Generally, all charges for in-app purchases are nonrefundable, including charges for partially used periods. However, exceptions may be made if a refund request for a subscription is made within fourteen days of the transaction date, or if local laws in your jurisdiction mandate refunds. Specifically, subscribers in the European Union (EU) or European Economic Area (EEA) are entitled to a full refund within 14 days after the subscription commencement, as per local law. Please be aware that this 14-day cooling-off period starts as soon as the subscription is activated.
7) Requesting a Refund:
a. Apple Users: If you made your purchase using your Apple ID, Apple handles all refund requests, not BerryTalk. To request a refund, navigate to iTunes, click on your Apple ID, select "Purchase History," locate the transaction, and click "Report Problem." You can also submit a request online at Apple Support.
8) Google Play Users: If your purchase was made through your Google Play Store account, please contact Google Play customer support directly. You will need to provide your order number, which can be found in your order confirmation email or by logging into your Google Wallet account.
1) Grant of License: When you submit user-generated content ("User-Generated Content") to BerryTalk, you grant us a nonexclusive, irrevocable, royalty-free, worldwide, and perpetual license to use this content for the customary and intended purposes of the Platform and any related purposes. These uses include, but are not limited to, reproducing, creating derivative works from, distributing, storing, performing, displaying, and utilizing the User-Generated Content. This may involve providing your User-Generated Content to you or third parties through the Platform, its associated products, services, and for archiving or backup purposes. You also waive any and all rights in and to your User-Generated Content globally, including rights of publicity or privacy, regardless of whether these rights are currently asserted.
2) Content Warranties: You warrant that any User-Generated Content you provide will not infringe on the intellectual property rights or other rights of third parties, nor will it violate any laws, statutes, ordinances, treaties, or regulations at any level—local, state, provincial, national, or international. You acknowledge that BerryTalk is not liable for any User-Generated Content provided by users.
3) Indemnification: You agree to indemnify and hold harmless BerryTalk from any claims or expenses (including attorneys’ fees) arising from or related to BerryTalk’s use of your User-Generated Content due to your violation of these terms. Furthermore, you agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against BerryTalk and its licensees, distributors, agents, representatives, and other authorized users. You also agree to obtain similar waivers from others who may hold such rights.
4) Content Moderation: BerryTalk reserves the right to monitor, screen, post, remove, modify, store, and review User-Generated Content or communications transmitted through the Platform at any time and for any reason, including ensuring compliance with these Terms, without prior notice to you. If your User-Generated Content violates these terms and conditions, including any unlawful postings or content, BerryTalk may terminate your account and access to the Platform without prior notice. BerryTalk is not responsible for, nor does it endorse or guarantee, the accuracy, legality, relevance, or reliability of any User-Generated Content submitted by users.
5) Content Removal Rights: BerryTalk has the right, but not the obligation, to remove any content or information that, in BerryTalk's opinion, may violate any applicable laws or these Terms, or upon request by a third party alleging that the User-Generated Content infringes upon their rights.
6) Law Enforcement Reporting: BerryTalk reserves the right, at its sole discretion, to report any personal information or User-Generated Content to law enforcement authorities at any time and for any reason. This action may be taken to comply with legal obligations or to ensure the safety and security of the Platform and its users.
1) User Interactions Disclaimer: We do not assume responsibility for the behavior of other users of the Services nor do we commit to monitoring the Services for inappropriate content or conduct. The content and conduct of other users are not pre-screened or monitored extensively. Thus, your use of the Services is at your own risk.
2) Exposure to Content and Monitoring: By using the Services, you may encounter content or conduct that could be offensive, indecent, or contrary to your expectations. We may use technology to monitor and/or record your interactions with the Services or communications, including but not limited to chat text, while you are using the Services. By using our Services, you irrevocably consent to such monitoring and recording, and you acknowledge that you have no expectation of privacy concerning the transmission of any content within the Services, including chat text or voice communications.
3) Content Moderation Rights: We reserve the right, at our sole discretion, to review, monitor, restrict, edit, delete, disable access to, or otherwise make unavailable any content provided by users of the Service without prior notice, for any reason or no reason at all. Although we may, at times, choose to monitor content as part of our service offering, this does not imply a responsibility to oversee all user-generated content nor an obligation to remove inappropriate content.
Should you be found in breach of these Terms of Service (TOS), we reserve the right to take one or more of the following actions, at our discretion, with or without prior notice to you:
(i) Delete, suspend, or modify your Account or parts of your Account.
(ii) Limit, suspend, or terminate your access to the Services.
(iii) Modify or remove any of your Virtual Items.
(iv) Reset or modify any game progression, or benefits and privileges associated with your account, such as levels or scores achieved in the Services.
1) Service Restrictions: We reserve the right to limit, suspend, or terminate the Services, or any part thereof, and may take technical and legal steps to prevent access to the Services if we determine that a user poses a risk or potential legal liabilities, infringes on the intellectual property rights of third parties, or fails to comply with the spirit or letter of these Terms of Service (TOS).
2) Discontinuation of Services: At any time, we may cease providing the Services or any part thereof (such as a specific game or feature). In such cases, your license to use the Services or the relevant part will terminate automatically. Unless required by applicable law, we are not obligated to provide refunds for Virtual Items or any other items in relation to the discontinued Services.
12. Indemnity
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless BerryTalk, along with our directors, officers, employees, and affiliates, from any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) arising from or related to:
(a) Your access to or use of the Services;
(b) Your content;
(c) Your violation of these Terms.
13. Disclaimers
While we strive to provide a reliable and enjoyable service, we cannot guarantee that our efforts will always be successful.
Service Provision: The Services are offered on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, to the extent permitted by applicable law. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Service Performance: Although BerryTalk aims to deliver a satisfactory user experience, we do not represent or warrant that:
(a) The Services will always be secure, error-free, or timely;
(b) The Services will operate without delays, disruptions, or imperfections;
(c) Any content, whether provided by BerryTalk or users, or any information obtained through the Services, will be timely, accurate, or reliable.
Liability for Content: BerryTalk assumes no responsibility and accepts no liability for any content created, uploaded, posted, sent, received, or stored by you, other users, or third parties via our Services. You acknowledge and agree that you may encounter content that may be deemed offensive, illegal, misleading, or otherwise inappropriate, for which BerryTalk will not be liable.
14. Limitation of Liability
Extent of Liability: To the maximum extent permitted by law, BerryTalk, along with our managing members, shareholders, employees, affiliates, licensors, and suppliers, will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. These losses can result from:
(a) Your access to or use of or inability to access or use the Services;
(b) The conduct or content of other users or third parties on or through the Services;
(c) Unauthorized access, use, or alteration of your content, even if BerryTalk has been advised of the possibility of such damages.
Cap on Liability: In no event will BerryTalk's aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount you have paid BerryTalk, if any, in the last 12 months.
Legal Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you.
15. Arbitration, Class Waiver, and Jury Waiver
Important Notice: Please read the following information carefully, as it requires you to arbitrate disputes with BerryTalk and limits the manner in which you can seek relief from us.
· Applicability of Arbitration Agreement: Any claims and disputes arising out of or relating to these Terms or your use of the Services that are not eligible for resolution in small claims court will be resolved exclusively through binding arbitration on an individual basis. You and BerryTalk are not required to arbitrate any dispute where either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
· Arbitration Rules: The interpretation and enforcement of this arbitration provision are governed by the Hong Kong Arbitration Ordinance. Arbitration proceedings will be initiated through the Hong Kong International Arbitration Centre (“HKIAC”). Should HKIAC be unavailable, the parties will agree to another arbitral forum. The rules of the selected arbitral forum will govern all aspects of the arbitration, except where those rules conflict with these Terms.
· Procedure for Non-appearance Arbitration: If non-appearance arbitration is chosen, the arbitration will be conducted via telephone, online, or through written submissions, as chosen by the initiating party. Personal appearances by the parties or witnesses will only occur if mutually agreed upon by all parties involved.
· Authority of the Arbitrator: The arbitrator will determine their own jurisdiction as well as the rights and liabilities, if any, of you and BerryTalk. The arbitration will not be consolidated with any other matters nor joined with any other cases or parties. The arbitrator shall have the authority to dispose of any claim or dispute in whole or in part and to award monetary damages as well as any non-monetary remedy or relief that an individual could obtain under applicable law, the arbitral forum's rules, and these Terms. The arbitrator will provide a written award and a statement of decision outlining the essential findings and conclusions on which the award is based. This includes the calculation of any damages awarded. The arbitrator’s decision will carry the same authority as that of a judge in a court of law and is final and binding on both you and BerryTalk.
· Waiver of Class or Consolidated Actions: You and BerryTalk agree that any claims and disputes within the scope of this arbitration agreement will be arbitrated or litigated on an individual basis and not as a class action. Claims from more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
· Confidentiality: The arbitration proceedings will be confidential, not open to the public or the media. All evidence discovered or submitted during the arbitration is confidential and may not be disclosed except by written agreement of the parties, a court order, or as required by law. However, this confidentiality clause does not prevent either party from submitting information to a court as necessary to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
· Right to Waive: Any party may waive the rights and limitations set forth in this arbitration agreement, but such waiver will not affect or waive any other part of this arbitration agreement.
· Opt-Out Provision: You have the option to opt out of this arbitration agreement. If you choose to opt out, neither you nor BerryTalk can force the other to participate in arbitration proceedings. To opt out, you must provide written notice to BerryTalk within 30 days of first being subject to this arbitration agreement. Your notice must include your name and address, your BerryTalk username, the email address associated with your BerryTalk account, and a clear statement that you wish to opt out of the arbitration agreement.
· Small Claims Court: Despite the provisions above, either you or BerryTalk retains the right to bring an individual action in small claims court.
· Survival of Agreement: This arbitration agreement will continue to apply and survive even after your relationship with BerryTalk ends.
If you believe that your intellectual property rights have been violated through our Services, please contact us promptly. You can email us at blackcoffe9845@gmail.com. When submitting your complaint, please provide specific details about the intellectual property rights you believe have been infringed and identify the product(s) you allege are infringing those rights.
Our Services may include links to third-party websites or services. Please be aware that we do not guarantee the accuracy, relevance, timeliness, or completeness of any content, goods, or services provided by these third parties, nor do we endorse them. We are not responsible for any losses or harm that may result from your interaction with such third parties. Any expenses you incur in dealing with these third-party entities are solely your responsibility. When you provide data to third parties, it is governed by their respective privacy policies, and you should be aware that our Privacy Policy does not extend to your data handled by these third parties.
1) Updates to Terms: We may update these Terms of Service (TOS) from time to time to reflect changes in legal, technical, or business conditions. When we update the TOS, we will take appropriate steps to inform you, either through the Services or by other means, based on the significance of the changes made.
2) Acceptance of Updated Terms: By continuing to access or use the Services after these updates take effect, you agree to be bound by the revised TOS.
This Agreement and any issues related to its validity, interpretation, performance, and enforcement shall be governed by, construed, interpreted, and enforced in accordance with the laws of Hong Kong, regardless of any conflicting legal provisions. Any disputes, controversies, differences, or claims arising from or related to this Agreement, including but not limited to its existence, validity, interpretation, performance, breach, or termination, or any non-contractual obligations arising from it, shall be referred to and conclusively resolved by arbitration. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in effect at the time the Notice of Arbitration is submitted.
1) Assignment: We reserve the right to assign these Terms of Service (TOS), in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
2) Severability: If any provision of these TOS is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these TOS will continue in full force and effect. Our failure to enforce any right or provision of these TOS will not constitute a waiver of such right or provision.
3) Entire Agreement: These TOS, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services, superseding all prior agreements and understandings between you and us.
4) Contact Information: If you have any questions about these TOS, please contact us at blackcoffe9845@gmail.com.
For any inquiries regarding these Terms of Service (TOS), please feel free to contact us at: blackcoffe9845@gmail.com.