Terms of Service
You need to be at least 13 years of age to use the Service. If you are between the ages of 13
and 18, parental consent to these Terms and Policy to Walkandtalklv, LLC is required before your use of the Service. If you are under 13 years of age, you may not use the Service.
Walkandtalklv, LLC reserves the right to change these Terms and Policy at any time. You may
be notified by the updated date at the top of this document. Occasionally, we will notify the
changes made to the Terms and Policy by email or other means on the Service. Please make
sure you check for changes to these terms periodically. Any change to these Terms and policy becomes immediately effective following their posting. Your continued use of the Service after changes made to these Terms and Policy indicates your acceptance to those changes. If you do not wish to agree to any changes to these Terms and Policy, please immediately terminate your use of the Service.
Further, these Terms and Policy will also govern any upgrades or new versions of the Apps and/or Service that may replace and/or supplement the original Apps and/or Service. If the upgrade or new version is not accompanied by a Terms and Policy, these Terms and Policy will govern.
Description of Service: Walkandtalklv LLC provides you access to location-based audio content and other information.
Registering as a User
Despite our best efforts to protect your personal data, you must fully accept the risk of potential security breach imposed by third parties. In such cases, you agree to indemnify Walkandtalklv LLC of all your losses or damages incurred as a result of such security breach.
Your Right to Use the Service
If you fully accept and comply with these Terms and Policy, Walkandtalklv LLC grants you
non-commercial, personal, limited, nonexclusive, non transferable and revocable license to access and use the Service for a limited time. When you download the Apps, you are given the right to download, use and access one copy of the App at the priced listed. You also fully accept that the Service contain copyrighted material, trademarks and other proprietary information, including, but not limited to text, URL, animation, software, images, audio, video, graphics, music, and the rights to the contents of the Services under the United States copyright laws and other laws are owned, controlled, or Licensed or otherwise made legal to use by Walkandtalklv LLC. While you are granted a license to use, access, view or display the Service, you may not modify, reproduce, copy, frame, interfere, disrupt, alter, disclose, publish, transmit, translate, publicly display, publicly perform, sell or participate in the sale, create derivative works, license, sublicense, rent, transfer, assign, disassemble, decompile or reverse engineer any of the content or software of the Service, or in any other way exploit the content or the Service, in whole or in part. You further agree to not attempt to gain unauthorized access to the Service and its related systems or networks.
Walkandtalklv LLC reserves the right to terminate the license granted to you upon your violation of any provisions listed in these Terms and Policy, policies listed within the third party application store or marketplace where you downloaded the Apps, or at our discretion, If you wish to terminate the license granted by Walkandtalklv LLC, please delete and destroy any copies of the Apps and terminate your use of the Service.
Equipment and Internet Data
You are solely responsible to provide, maintain and manage the equipment necessary for the use or access to the Service, including, but not limited to your mobile devices, tablet devices, computers, earplugs, earphones, headphones, chargers, auxiliary jack, Bluetooth devices, USB cords and any other hardware or software needed to use and access the Services.
In addition, you further agree that you are solely responsible for providing and managing the
Internet connection and data, and all their related fees incurred as a result of your use or access to the Service. Although Walkandtalklv LLC’s Apps can be used offline, you hereby acknowledge that the Apps may access the Internet data on your device during your access or use to the Apps, or while the Apps are in the background state of your mobile device. You further acknowledge that if you do not wish to use any Internet connection or Internet data, you may turn off your mobile device’s access to the Internet or data by managing it under setting provided on your device. For specific instruction on how to turn off your device’s Internet and data usage, please consult your device’s manufacturer. You assume all responsibility for all data fees during your use or related to your use or access to the Service.
Walkandtalklv LLC may allow you or third parties to submit content or material to the Service. Any content or material submitted to the Service by you will be owned by you. You agree to assume full responsibility and indemnify Walkandtalklv LLC harmless to the fullest extent allowed by law regarding all matters related to content or materials submitted by you.
You also hereby acknowledge that by submitting content or material to the Service, you automatically grant Walkandtalklv LLC the royalty-free, worldwide, universal, transferable, perpetual, irrevocable, non-exclusive right and license to use, reproduce, store, broadcast,
publicly perform, publicly display, publicly promote, advertise, create derivative works from, distribute, translate, transmit, reproduce, modify, edit, reformat, adapt, license, sublicense, sell or participate in the sale, copy, transfer, assign, disassemble, decompile such content and material, in whole or in part, and to incorporate it in other works in any form, without compensation. You also agree to allow us to use your name along with the content and material submitted by you.
If you are a resident of the European Union or other countries that recognize unalienable moral rights, you hereby grant Walkandtalklv LLC the broadest license legally allowed under the applicable law.
Modification and Availability
Walkandtalklv LLC’s Rights
You hereby acknowledge that all information, data, materials, content, graphics, text, graphs, designs, look and feel, HTML, photographs, images, sounds, music, audio, video, sources and object codes, algorithms, logos, trademarks, service marks are owned by or licensed by Walkandtalklv LLC, and are subject to copyright and other intellectual property rights under the United States, and that of other nations or international conventions. Walkandtalklv LLC reserves all rights not expressly set forth in these Terms and Policy.
Payments and Refunds
Walkandtalklv LLC distributes the Apps through the App Store, Google Play and/or other third-party marketplaces for the Apps and all in-app purchase products are due at the time of download or purchase via the third party marketplace from which you made the purchase or download. Any refunds request for refunds or disputes shall be processed through the same third-party marketplace.
Representations and Warranties
You hereby acknowledge that Walkandtalklv LLC is not responsible for anything you may encounter while using the Apps, including, but not limited to, physical and natural hazards, traffic, accidents and any forms of delay, danger, damages or losses. You further acknowledge that Walkandtalklv LLC’s Apps and Service only provide you with information and you solely rely on yourself for your own safety and the safety of others around you, and to be fully aware of your surroundings at all times during the use of the Apps or Service.
YOU HEREBY EXPRESSLY AGREE THAT THE USE OF SERVICE IS AT YOUR SOLE RISK. WALKANDTALKLV LLC AND ITS EMPLOYEES, MANAGERS, INVESTORS, OFFICERS,
DIRECTORS, PARTNERS, OWNERS, THIRD-PARTY PROVIDERS, LICENSORS, CONTRACTORS, OR AGENTS (“COVERED PARTIES”) GIVE NO WARRANTY (EXPLICIT OR
IMPLIED) THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED OR TO YOUR SATISFACTION; NOR DO THE COVERED PARTIES WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM THE ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED THEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WALKANDTALKLV LLC AND COVERED
PARTIES FURTHER DISCLAIM THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, MALWARE, FAILURE, SECURITY BREACH BY THEIR PARTIES, INACCURATE INFORMATION OR DATA, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION OF
INFORMATION IN THE SERVICE. WALKANDTALKLV LLC FURTHER DISCLAIMS ITS WARRANTY THAT YOUR USE OF THE APPS AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. FURTHER, WALKANDTALKLV LLC DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS SUITABLE FOR ANY PURPOSE, NON-INFRINGEMENT, CONDITION OF TITLE AND CUSTOM.
IN NO EVENT WILL COVERED PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU HEREBY AGREE TO ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
YOU FURTHER AGREE TO NOT RELY ON THE SERVICE FOR SAFETY (YOUR OWN AND OTHERS). YOU UNDERSTAND THAT ALTHOUGH WALKANDTALKLV LLC STRIVES TO PROVIDE ACCURATE DATA AND UNINTERRUPTED SERVICE, THE APPS AND SERVICE MAY CONTAIN ERRORS, MISTAKES, AND FAILURES. IN ADDITION, THE APPS AND SERVICE DOES NOT KNOW WHAT IS TAKING PLACE IN FRONT OF YOU. YOU ALSO HEREBY EXPRESSLY ACKNOWLEDGE THAT ALL LOCATIONS, MAPS, MAP ROUTES, DIRECTION, NAVIGATION, TOUR HIGHLIGHTS AND ALL INFORMATION, DATA, MATERIALS, CONTENT, AUDIO, VIDEO ARE ONLY APPROXIMATES, AND IS “AS-IS” AND “WITH FAULTS”.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, WILL WALKANDTALKLV LLC AND COVERED PARTY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR
PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO,
A) YOUR USE OR INABILITY TO USE THE APPS AND/OR SERVICE;
B) ERRORS, MISTAKES, OMISSIONS, OR ANY INACCURACY OF INFORMATION, CONTENT OR DATA;
C) ANY VIRUSES, MALWARE, FAILURES, BUGS IN THE TRANSMISSION OF INFORMATION;
D) ANY SERVICE SECURITY BREACH BY THIRD PARTIES;
E) ANY MISTAKES, OMISSION, FAILURE OR ERRORS IN THIRD PARTY CONTENT;
F) ANY LOSS OF PROPERTY,INCLUDING BUT NOT LIMITED TO PHYSICAL LOSSES, DEATH AND/OR ANY AND ALL OTHER TYPES OF DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS AND POLICY, YOUR USE OF THE SERVICE (INCLUDING, THE APPS AND ANY WALKANDTALKLV LLC TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, OMISSIONS, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WALKANDTALKLV LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW WALKANDTALKLV LLC TO LIMIT
OUR LIABILITY, SUCH AS THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WALKANDTALKLV LLC’S LIABILITY SHALL BE LIMITED TO
THE SMALLEST EXTENT POSSIBLE BY LAW IN YOUR PARTICULAR JURISDICTION. FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF WALKANDTALKLV LLC AND COVERED PARTIES WILL NOT EXCEED THE PURCHASING PRICE FOR THE PARTICULAR WALKANDTALKLV LLC TOUR FROM WHICH THE LOSS OR DAMAGES AROSE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE
AND/OR INTERNET DATA USAGE).
You agree to defend, indemnify and hold harmless WALKANDTALKLV LLC and its officers, directors, owners, employees, contractors, investors and agents, from and against any and all claims, damages, payments, deficiencies, fines, obligations, losses, liabilities, costs, debt,
judgments, settlements and expenses (including but not limited to attorney’s fees, costs, penalties, interests and disbursements) arising from, or related to any conduct with respect to the Service, violation of these Terms and Policy, your violation of any third party right, including but not limited to any copyright, property or privacy.
This indemnification obligation will survive these Terms and Policy and your use of the Apps and Service.
The Apps and Service may contain certain third-party software, plugins or Application Programming Interface (collectively “Third Party Software”) that require separate terms of the agreement. You agree to use the Third-Party Software in conjunction with the Apps in a manner consistent with these Terms and Policy.
Changes to the Service
WALKANDTALKLV LLC reserves the right in our discretion to review, amend, improve, change
or discontinue these Terms and Policy from time to time, with or without notifying you. Further, Walkandtalklv LLC reserves the right to change, modify or discontinue any features, materials, content or data in the Apps and Service at our discretion, also with or without notifying you. You acknowledge that Walkandtalklv LLC is not reliable to you or any third party for any changes, alteration or discontinuance of the Service in whole or in part.
You represent and warrant that (a) you do not reside in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that Walkandtalklv LLC may communicate with you electronically for all purposes. You agree that electronic communication will satisfy any legal communication requirements,
including that the communications be in writing. You further agree to contact Walkandtalklv LLC if you wish to withdraw your consent from receiving an electronic notice. Email address for such notification to Walkandtalklv LLC is
Choice of Law
Suspension and Termination
Walkandtalklv LLC may suspend or terminate your rights to access or use the Service for any reason or for no reason at all at our discretion. Although Walkandtalklv LLC will strive to provide you a timely explanation in most cases, we reserve the right to do so with or without notifying you. Suspension or termination may include restricting access to and use of the Apps and Service. If you wish to terminate the use of the Apps and/or Service, please do so by deleting or destroying the Apps that you have downloaded and cease using the Service. Deleting the Apps will result in the immediate deletion of all content included in the Apps that you downloaded. Walkandtalklv LLC reserves the right to keep any content submitted by you to our Service, including your username, password, first name, last name, zip code and all other information provided by you with your permission (explicit or inexplicit), for commercial, internal and legal
purposes. All of the terms in these Terms and Policy (excluding the license grant) will survive any termination or suspension.
Forum of Dispute
You agree that in the event of any controversy or claims arising out of or relating in any way to these Terms and Policy, prior to commencing any litigation against Walkandtalklv LLC, you or your representatives shall consult and negotiate with Walkandtalklv LLC in a timely manner and attempt in good faith to reach a settlement of such dispute. In the event that you and Walkandtalklv LLC are unable to resolve the matter(s) in dispute amicably within sixty (60) days, either you or Walkandtalklv LLC may give notice of the dispute to the other party, the parties
shall submit all matters still in dispute to mediation by a mediator in the City and County of Bristol, RI.
The mediation shall be conducted under such procedures as you and Walkandtalklv LLC may agree. All costs and expenses of the mediation, including attorney fees of the prevailing party shall be paid by the non-prevailing party.
In the event that you and Walkandtalklv LLC are unable to resolve the matter in dispute through mediation, the unresolved dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (AAA) before a single arbitrator selected by
Walkandtalklv LLC in Bristol, RI. However, you and Walkandtalklv LLC agree to not proceed to arbitration by first resolving it through mediation.
The arbitration shall be conducted under such procedures as both you and Walkandtalklv LLC may mutually agree or, failing such agreement, under the arbitration rules of AAA. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding on you and Walkandtalklv LLC, and will
not be subject to appeal. All costs and expenses of arbitration shall be paid by the non-prevailing party.
For any disputes that are not handled by mediation and arbitration, you agree that any action at law or in equity arising out of or relating to these Terms and Policy shall be filed only in the state and federal courts located in RI. And you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Policy, or the use of the Apps and Service.
You agree that Walkandtalklv LLC is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and
unlawful strikes), embargoes, postal disruption, communication disruption, power outage, failure or delay of your device’s signal and service integrity to the global positioning system (GPS), failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Policy is found to be unlawful, conflicting with another provision of these Terms and Policy, or otherwise unenforceable, these Terms and Policy will remain in force as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions of these Terms and Policy are deemed to conflict with each other’s operation, Walkandtalklv LLC shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under these Terms and Policy to any other
party without obtaining written consent from Walkandtalklv LLC. Walkandtalklv LLC may
assign our rights and/or obligations under these Terms and Policy to any other party at our discretion with or without notifying you.
Pursuant to California Civil Code Section 1789.3, any inquiries to Walkandtalklv LLC must be addressed via email to email@example.com. Further, under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Information Provided by You
To use or access the Apps and Service, you may be required to provide certain information
explicitly, such as your name, email, browser, location, username, password and zip code when you sign up via email, and/or other information you submit by permission when you sign up via Facebook or Google or interact with us via Twitter and other social media services. Information we obtained from these social media services is in accordance with the authorization procedures determined by these services.
Further, Walkandtalklv LLC may collect additional information such as your location, browser,
and other information when you contact us, give feedback, fill out a form, contact customer
support, communicate with us via third-party means, such as social media services, or
otherwise communicate with us.
Information Collected Automatically By Walkandtalklv LLC
Whenever you use our Apps or Service, Walkandtalklv LLC may collect information from you, such as your IP address, usage and interactions with the Service, query information, location, referring URL, browser, operating system, device type, version, unique identifiers, mobile network information, cookie information, data transferred, date and time, duration of usage, pages viewed, and the page you visited before navigating to the Service, purchase history and
Cookies and Tracking
Use of Information
Walkandtalklv LLC may use information about you for the following purposes, including but not limited to:
1. Improve, test, deliver, maintain and provide our Service to you and other users;
2. Understand, monitor your use, activities in connection with the Service;
3. Communicate with you regarding all issues, matters, promotions, offers, events, reward, support, message and all information related to the Service;
4. Provide customer support, respond your comments, feedback, inquiries, resolve concerns and all other support and service related to the Service;
5. Detect, investigate and prevent any suspected breach of these Terms and Policy;
6. Share third-party offers with you;
7. Walkandtalklv LLC is based in the United States and is governed by the U.S. laws. By
accessing or using the Service, you agree to provide information and the transfer and process to the U.S. and other countries;
Third Party Access to Your Information
Walkandtalklv LLC may share information about you or as otherwise described in these Terms and Policy third parties in the following ways, including but not limited to:
1. With consultants, vendors, suppliers and any other service or providers that require such information to carry out work on Walkandtalklv LLC’s behalf;
2. To protect our rights, safety, property of Walkandtalklv LLC and others;
3. If we reasonably believe that you breached these Terms and Policy;
4. In connection with the negotiation, sale or merger of Walkandtalklv LLC’s assets, acquisition, financing in whole or in part, to a party or third parties;
5. With your consent, we may share information you provide with third parties;
6. Walkandtalklv LLC may also share anonymous data with no identifiable personal information regarding you with third parties. Without limitation of the generality of the foregoing, you hereby grant your authorization to Walkandtalklv LLC to using third party services for the purposes of information collection, providing Service to you, and analytics.
Third Party Analytics
You agree that Walkandtalklv LLC may disclose your information to authorities if compelled to by a court order according to the U.S. law or the laws of other countries and convention. Additionally, Walkandtalklv LLC may disclose your information with law enforcement or third
parties if we reasonably believe that you have beached these Terms and Policy or for any other legal purposes.
You agree that once information is submitted by you or collected by Walkandtalklv LLC, you will be unable to opt out of our data collection practices. In the event that you wish to review, change, access, or remove any of your information provided by you, or collected by Walkandtalklv LLC, please contact us at firstname.lastname@example.org. You further agree that Walkandtalklv LLC may keep archived copies of your information as required by law of for legitimate business purposes.
You may choose to remove or reject cookies on our Services by changing your browser setting. You may remove permission to receive push notification and alerts from Walkandtalklv LLC by on your mobile device. You may opt out receiving promotional, unsolicited communications,
such as emails, texts, messages from Walkandtalklv LLC by unsubscribing from or unfollowing us.
Children’s Online Privacy Protection Rule (COPPA)
notified by the updated date at the top of this document. Occasionally, we may notify the
please immediately terminate your use of the Service.