Welcome to www.airtalk.live (hereinafter referred to as the "Website" or "Site" "We", "Us", "Our"), owned and operated by ___________(hereinafter referred to as "the Owner") with its registered address located at, ________________The Website is offered to users (hereinafter referred to as "You" or "Your") conditioned on user's acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Please read carefully these Terms and our Privacy Policy, which may be found at ______________________________________ (link to privacy policy), and which is incorporated by reference into these Terms.
Use of this Website constitutes your consent to, and agreement to, abide by the most current version of these Terms of Service. We may at any time revise these Terms of Service by updating the Terms on our Website. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the Terms of Service. The most up to date version of the Terms will always be available for your review under the "Terms of Service" link that appears at the bottom of the site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THIS SITE OR SERVICE INDICATES YOUR UNDERSTANDING OF THESE TERMS AND ACCEPTANCE, OF THE DISCLAIMER NOTICE.
1.1. "Agreement" means the Terms of Service as detailed herein including all Exhibits, privacy policy, all other policies published on the site and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
1.2. "Content" means text, graphics, images, software, audio, video, information or other materials.
1.3. "User Content" means all content that a user submits or transmits to us through email, feedback, comments and messages on our website.
1.4. "Our Content" shall mean all the Content that our Website makes available through the Services, including any Content licensed from a third party.
1.5. "Collective Content" means User Content and our Website Content.
1.1. The official language of these terms shall be English.
1.2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2.1. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
2.2. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance. Our website reserves the right to refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
2.3. While our moderators make every effort to identify and restrict underage users from accessing the Platform, we encourage parents or guardians to notify us if they become aware of any underage user, including their child, using the Platform. Upon verification of such a report, we will promptly terminate the user's access to the Platform.
2.4. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
2.5. By using our website and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the Terms of Service of this Agreement.
2.6. If you use our website on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
2.7. We may, in our sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions
2.8. Except where additional Terms of Service are provided which are services specific, these Terms of Service supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
3.1. Our website provides an online platform designed for users to engage in peer- to- peer anonymous audio-based conversations. Our services include:
3.2. Our website is designed to let you connect with random strangers without requiring registration. Simply click the "Call" button to start a conversation, and you may filter connections by country based on your preference. Conversations are anonymous, and you are strongly advised not to share personal details. Please adhere to the community guidelines, which include being respectful, refraining from harassment or sharing offensive or hateful content, and avoiding requests for or sharing personal, financial, or inappropriate information.
3.3. By using this website, you agree to use the website solely for lawful and respectful interactions and to comply with the community guidelines outlined in these Terms of Service. The website is provided as-is and reserves the right to modify or discontinue any aspect of the service at its discretion.
4.1. Images shared on the Platform are processed through AI moderation systems, including OpenAI's image moderation engine.
4.2. Users can report others for inappropriate behaviour. Accounts receiving a certain number of distinct reports will be automatically blocked.
4.3. Human moderators actively monitor the Platform, connect with users, and enforce rules to ensure compliance, including preventing the use of the Platform by minors.
4.4. Moderators may listen to ongoing conversations to investigate user reports or enforce Platform rules. By using the Platform, you acknowledge and consent to such monitoring as necessary for maintaining a safe and compliant environment for the Users.
5.1. Our Website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
5.2. You acknowledge and undertake that you are accessing the services on the Website at your own risk and using your best judgment before doing so.
5.3. You shall not tamper, pilfer or misuse the Website Device(s) or allow, induce or assist a third party to indulge in such activity.
5.4. We bear no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of any service provided to you.
6.1. That you will use the services provided through our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website.
6.2. It is possible that the other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
6.3. You agree that you will not:
7.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
7.2. You agree not to use the Website for prohibited activities such as but are not limited to:
7.3. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
7.4. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
7.5. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
7.6. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
7.7. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to Website, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
7.8. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our Website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
7.9. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7.10. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7.11. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.
7.12. Interfering with any other person's use or enjoyment of the.
7.13. Breaching any applicable laws;
7.14. Interfering or disrupting networks or web Websites connected to the Website.
7.15. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.16. Without limiting other remedies, we may, in our sole discretion, limit, suspend, prohibit access to our Websites, services, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Website or services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to suspend access for users that have been inactive for a period of months, or to modify or discontinue our website or services. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
7.17. Further we prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling card, User numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items, and you further waive your right to any damages (from any party) related to such exposure.
8.1. By using this website and participating in peer-to-peer voice chats, you acknowledge and agree that:
8.2. By using the service, you agree to these terms and understand that the website has no obligation to investigate, moderate, or resolve any issues arising from peer-to-peer interactions among users.
9.1. All right, title, and interest in and to the Website is and will remain the exclusive property of our website and its licensors. The Website is protected by copyright, trademark, and other laws of Hungary. Nothing in these Terms gives you a right to use the name of the Website or Website's trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the Website or located on the Website.
10.1. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of www.airtalk.live or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this Website for any purpose.
10.2. Airtalk names and logos and all related service and our slogans are the trademarks or service marks of the Owner. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
10.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of our website or its suppliers and protected by Copyright Laws of Hungary. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by Copyright Laws of Hungary. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of our website and is also protected by Copyright Laws of Hungary.
Users agree to defend, indemnify and hold harmless our Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
12.1. We may, at any time and without notice, terminate your right to use the Website (or any portion of the Website). In the event of termination, you are no longer authorized to access the part of the Website affected by such termination. In the event of any suspension or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
12.2. Without limiting the foregoing, we may close, suspend or limit your access to our website:
12.3. In the event that we terminate your access you will have no claim whatsoever against us in respect of any such suspension or termination of your access.
13.1. This Agreement shall be governed by and construed in accordance with the laws of Hungary without regard to its choice of law principles.
13.2. The parties consent to exclusive jurisdiction and venue in the courts sitting in Budapest, Hungary.
14.1. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2. The venue for arbitration shall be Budapest, Hungary.
14.3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
15.1. The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.
15.2. We make no warranty that the Services or Website will meet your requirements or that the Services or your access to the Website will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Website. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
15.3. User understands and agrees that any information or service obtained through the Website is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.
17.1. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measures, you must immediately notify us at [email protected] upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities).
18.1. You expressly hereby release and waive all claims against the Owner, and its affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our Website. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
19.1. Any notices must be given by postal mail to us at;
Attn: [email protected]
19.2. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
20.1. Our website reserves the right to modify or terminate the Website's service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside our control.
21.1. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22.1. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
23.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
23.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party's permitted successors and assigns.
24.1. In no event we shall not be responsible or liable for any failure or delay in the performance of obligations hereunder in these terms arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, computer hacking, malicious damage or computer (software and hardware) services;
25.1. The Terms of Service cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms of Service and posting such modifications on our Website. We reserve the right, in our sole and exclusive discretion, to revise these Terms of Service at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our Website. It is important that you fully read and understand the Terms of Service you are agreeing to be bound by, when you use this Website.
26.1. Our website's team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at [email protected] or by clicking the unsubscribe link in our emails sent to you.
26.2. You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or restrict your access to website.
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the Website, constitute the entire agreement between you and the Website.
For any further clarification of our Terms of service, please write to us at [email protected]