2. User Content and Submissions to the GoodTalk Service.
What do I have to do to make Submissions through the GoodTalk Service?
In order to make Submissions through the GoodTalk Service, you must register with GoodTalk and assume responsibility for the content that you submit. Registration ensures accountability from our users and allows GoodTalk and our Media Partners to communicate with you when required and facilitates the application of GoodTalk and our Media Partners’ internal policies.
Your registration information must be accurate and you are required to keep this information up to date. To post submissions, you may need a password, which belongs to you and for which you alone are responsible. GoodTalk and our Media Partners retain the right to delete, ban or block your account, in its sole discretion, if you do not adhere to these Terms or in case of legal infringement.
What conditions apply?
You are responsible for ensuring the legality of what you post. You alone are responsible for what you share with the public and Media Partners through the GoodTalk service, and the legality of your submissions, including privacy rights, image rights, reputation, copyright and other rights of third parties. You must obtain all required authorization from any third party when needed. By participating, you declare that you have retained all required rights for your submissions.
You must also obtain all required parental authorizations if you are minor in your province or territory of residence or if your submissions involve minors. You must be over the age of thirteen (13) in order to use the GoodTalk Service, and by registering for and using the GoodTalk Service, you warrant that you are over the age of thirteen (13).
You must follow the CBC’s Submission Guidelines and you must hold all of the required rights and authorizations to the content of your submissions, and you grant to each of GoodTalk and the Applicable Media Partner a license to use, publish, reproduce and broadcast it and such rights as are set out below.
Will GoodTalk or Media Partners review my Submissions before making them accessible to the public?
GoodTalk may or may not review your Submissions or other User Content (as defined below) before making them accessible to the public or Media Partners. All Submissions, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted to the Service by users (“User Content”), is the sole responsibility of such users. This means that the user, and not GoodTalk, is entirely responsible for all such User Content. GoodTalk does not control or (unless it indicates otherwise) actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Notwithstanding the foregoing, before any submission is made generally available on the Service, it may be subject to review by the applicable Media Partner. GoodTalk reserves the right not to publish or to remove any Submissions or other User Content not approved by the applicable Media Partner.
USERS ACKNOWLEDGE THAT BY USING THE SERVICE, THEY MAY BE EXPOSED TO MATERIALS THAT ARE OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL GOODTALK OR ANY MEDIA PARTNER BE LIABLE IN ANY WAY FOR THE CONTENT OF ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY BREACH OF THIRD PARTY RIGHTS (WHETHER PROPRIETARY, BREACH OF PRIVACY, DEFAMATORY OR OTHERWISE) OR FOR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE VIEWING OR USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
Media Partners may modify or edit your submission for a better understanding or for technical reasons, but not for content or meaning.
Removing User Content posted to GoodTalk / Media Partners
User Content in the form of submissions posted to GoodTalk or its Media Partners will generally not be removed once they have been posted, except for legal reasons, in particular circumstances or if the content is no longer a priority or relevant and in any case, at GoodTalk’s sole discretion.
GoodTalk reserves the right to remove a Submission, for example to protect the rights of third parties involved. Content posted on GoodTalk Services will be kept as long as required by law.
Content received but not posted may be erased.
3. License of User Content.
License Grant to GoodTalk
By submitting content to the GoodTalk Service, you hereby grant GoodTalk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and GoodTalk’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
If your submission includes your or someone else’s image or voice, you grant GoodTalk, and by extension the Applicable Media Partner, irrevocable permission to broadcast it by any means of communication controlled or authorized by GoodTalk or the Applicable Media Partner. YOU GIVE GOODTALK AND THE APPLICABLE MEDIA PARTNER PERMISSION TO PUBLISH YOUR FULL NAME IN ANY FORM OR PLATFORM IN CONNECTION WITH YOUR SUBMISSION. SIMILARLY, YOU GIVE GOODTALK AND THE APPLICABLE MEDIA PARTNER PERMISSION TO CONTACT YOU FOR FOLLOW-UP IN CONNECTION WITH ANYTHING YOU SUBMIT TO GOODTALK SERVICES AND TO MEDIA PARTNERS.
You also hereby grant each user of the Service a non-commercial, non-exclusive license to access User Content that you make submit through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. Other users of the Service have the right to share User Content by social media or otherwise for non-commercial purposes only.
The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that GoodTalk may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Any such termination shall not affect the licences granted to the Applicable Media Partner set out below.
License Grant to Media Partners
When you post User Content in response to content published by a Media Partners, you grant to the Applicable Media Partner a royalty-free, sublicensable, unlimited, irrevocable, perpetual, non-exclusive (unless otherwise indicated in specific terms), worldwide license to publish, reproduce and distribute that User Content by any means of communication controlled or authorized by the Applicable Media Partner, including social media. To the extent required, you hereby also grant GoodTalk a royalty-free, sublicensable, unlimited, irrevocable, perpetual, non-exclusive (unless otherwise indicated in specific terms), worldwide license to publish, reproduce and distribute that User Content by any means of communication, for the purpose of sub-licensing this right to the Applicable Media Partner.
You keep the copyright in your submission. Any exceptions to this general rule will be specified on a case-by-case basis.
You waive all moral rights in your Submissions and User Content and allow the Media Partner to modify it to facilitate understanding and to identify you as the author. A Media Partner is under no obligation to publish your Submissions or to keep them accessible; such decisions are at its sole discretion.
If your submission includes your or someone else’s image or voice, you grant the Applicable Media Partner irrevocable permission to broadcast it by any means of communication controlled or authorized by the Applicable Media Partner. You give the Applicable Media Partner permission to publish your full name and city in any form or platform in connection with your Submission. Similarly, you give the Applicable Media Partner permission to contact you for follow-up in connection with anything you submit through the Service in response to any content published by the Applicable Media Partner.
Reposting of Submissions by Users
Every user (including users who did not make the original Submission) has the right to repost User Content only by hyperlinks or by special permission. You may place links to Submissions published by GoodTalk on your own web pages or sites or on social media. You may not repost content from GoodTalk in any other way without first obtaining a licence. GoodTalk may, at its sole discretion, intervene to remove content communicated to the public without authorization on third-party sites and take legal action to enforce its rights. You may not use any GoodTalk Services for business or commercial purposes without prior written permission.
In using the Website, GoodTalk App and/or Service You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or GoodTalk App;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the GoodTalk App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
register for the Service on behalf of a group or corporate entity.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
5. End User License. Except for User Content, the GoodTalk App, this Website, and the information and materials that it contains, are the property of GoodTalk and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, GoodTalk grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The GoodTalk App is licensed to you and not sold. Nothing in the Terms gives you a right to use the GoodTalk or GoodTalk names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or GoodTalk App shall be subject to the terms of these Terms.
6. Feedback. If you provide GoodTalk with any suggestions, comments or other feedback relating to any aspect of the Website, GoodTalk App and/or Service ("
7. Advertising. You acknowledge and agree that the Website may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that GoodTalk shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
8. Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by GoodTalk. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by GoodTalk of that third party, third party product or service. GoodTalk is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that GoodTalk endorses or accepts any responsibility for the content or use of such websites, and you hereby release GoodTalk from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
9. Intellectual Property Rights. This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by GoodTalk, or others, with all rights reserved unless otherwise noted. Features of this site may be configured to enable the use of the content owned, or licensed, by GoodTalk, or others. Users may access and use such content for personal, non-commercial use only, provided that users keep intact any and all copyright and other proprietary notices that may appear on such materials. Commercial reproduction of the content is strictly prohibited unless express written permission has been granted. Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of GoodTalk, or others, in Canada, the United States and elsewhere internationally, including, but not limited to, GOODTALK, GOODTALK.ORG, GOODTALK SPEECH BUBBLE DESIGN and GOODTALK SLOGAN (“Commnts worth watching.”)
10. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, GOODTALK APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." GOODTALK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GOODTALK DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND GOODTALK SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GOODTALK WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL GOODTALK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, GOODTALK APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR GOODTALK APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF GOODTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOODTALK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID GOODTALK IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. Availability & Updates. GoodTalk may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or GoodTalk App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. GoodTalk may periodically add or update the information and materials on this Website without notice.
15. Security. Information sent or received over the Internet is generally unsecure and GoodTalk cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. GoodTalk will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the GoodTalk App or Service, please contact us at: [email protected].
Effective Date: February 2017