AT&T U-talk Terms of Use

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PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using this service or any related sites, you agree to be bound by the terms and conditions set for herein, including all documents, policies, and guidelines incorporated by reference (the "Agreement"). This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with any AT&T affiliate, including any video service, Internet access service, or other agreement with any AT&T affiliate. This Agreement is between you and the AT&T company providing your Internet access service or, if you do not have Internet access service with an AT&T company, AT&T Services, Inc. AT&T Yahoo! High Speed Internet (purchased with a voice line and without a voice line) is provided by AT&T Internet Services. AT&T Yahoo! High Speed Internet U-verse Enabled is provided by your local AT&T telephone company which is one of the following: Southwestern Bell Telephone, Inc., Pacific Bell Telephone Company, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc, The Southern New England Telephone Company and AT&T Yahoo! Dial may be provided by any of the AT&T companies listed above (hereinafter all the above AT&T affiliates are referred to as "AT&T").

AT&T reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the sites as revised, and your access to and use of the sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised. All AT&T U-talk users must agree to this Agreement as a condition to use the U-talk Forum service. For purposes of this Agreement, "you" means the person registering to use the U-talk Forum service. You must be an adult of at least 18 years of age to register to use the U-talk Forum; and by agreeing to this Agreement, you confirm you are an adult of at least 18 years of age.

Related Policies
Privacy Policy & Acceptable Use Policy. AT&T believes strongly in protecting user privacy and providing you notice of AT&T's collection and use of data, including personally identifying information, collected from the Sites. To learn about AT&T's information collection and use practices and policies, please refer to the AT&T Privacy Policy, which is available at https://uma.sbc.com/assets/files/privacy_policy.html. In addition, your use of the service must be in compliance with AT&T's Acceptable Use Policy ("AUP") and violations of the AUP may also be considered a material breach of this Agreement and may also result in suspension or termination of access to the service. AT&T's AUP may be reviewed at http://support.sbcglobal.net/legal/aup. In case of discrepancy between this document and the AT&T Privacy Policy and/or AT&T AUP, AT&T Privacy Policy will take precedence over the AUP and the AUP will take precedence of this Agreement.

Copyright and Authorized Access
All copyrighted and copyrightable materials on the sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are owned by AT&T Knowledge Ventures, L.P. ("AT&T Knowledge Ventures"), an AT&T affiliated company, and/or AT&T's licensors, unless otherwise indicated. You are granted a limited, non-sublicensable right to access the sites for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
2. market, sell, or make commercial use of the sites or any Materials;
3. systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
4. make derivative uses of the sites or the Materials; or
5. use, frame, or utilize framing techniques to enclose any portion of the sites (including the images found at the sites or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of AT&T or any third party. Any unauthorized use of the sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

If you use any part of the sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify AT&T immediately. AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement
AT&T respects the intellectual property of others. AT&T may terminate access to the service of any user found to have infringed the copyrights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the sites in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide AT&T's Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
AT&T's Copyright Agent for notice of claims of copyright infringement on the sites can be reached as follows:
By mail:
Copyright Agent
General Counsel
AT&T Internet Services
1010 N. St. Mary's, 14th Floor
San Antonio, TX 78215

By E-mail: copyright@sbis.sbc.com

By Phone: (210) 246-8600

By Fax: (210) 246-8699

Trademarks and Service Marks
The trademarks and service marks displayed on the sites are registered and unregistered trademarks of AT&T Knowledge Ventures and may not be copied, imitated or used, in whole or in part, without the prior written permission of AT&T Knowledge Ventures or, if applicable, its licensor. In addition, AT&T custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AT&T Knowledge Ventures. AT&T trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AT&T. "AT&T," the "Graphic Icon" design and all other AT&T marks and logos, and the AT&T products and services described on the sites, are either trademarks, service marks, or registered trademarks of AT&T Knowledge Ventures or AT&T affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AT&T Knowledge Ventures or AT&T affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AT&T. You may not use any metatags or any other "hidden text" utilizing an AT&T name, trademark, or product name without AT&T's express written consent.

Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to AT&T, or postings to or on the sites, are non-confidential and you grant AT&T a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in AT&T's sole discretion and without compensation to you. You also grant to AT&T the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against AT&T for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to AT&T, including the posting of materials to any forum or interactive area on the sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify AT&T for all claims resulting from material you supply.

Export Restrictions
Any software and all underlying information and technology downloaded from the sites (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. AT&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. AT&T DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AT&T IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AT&T ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, AT&T CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

AT&T reserves the right to change any and all content contained on the sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AT&T.

YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the sites or on the Internet generally. You access such materials at your risk. AT&T has no control over and accepts no responsibility whatsoever for such materials.

Enforcement
AT&T reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material ("Content"), self help and active investigation, litigation and prosecution in any court or appropriate venue. AT&T may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN AT&T CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Limitation of Liability
IN NO EVENT SHALL AT&T BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AT&T (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF AT&T'S SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID AT&T, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, AT&T's liability is limited to the greatest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless AT&T, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.

Third-Party Rights
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the sites after this Agreement has been terminated.

The provisions of the paragraphs entitled Copyright and Authorized Access, Trademarks and Service Marks, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement

Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions

Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Miscellaneous AT&T's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights and duties under this Agreement to any party at any time without notice to you.

In order to protect AT&T and its customers from fraudulent activity, we limit the number of phones and services that may be ordered online by a single individual or entity. AT&T reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

As with all online forums, AT&T employees visiting the site should follow their Code of Business Conduct and avoid posting any material that could be considered proprietary. All users must comply with the U-talk Terms of Use. Also, U-talk is a user-to-user forum. Users are encouraged to get direct support through our normal U-verse support channels, and we ask that responses to customer issues come only from our designated forum moderators.