Hushtalks

HushTalks Terms of Service

1. Introduction

Welcome to HushTalks!

HushTalks is a groundbreaking audio-based communication platform designed to empower users with secure, anonymous, and unrestricted speech, particularly to endorse freedom of expression. Our mission is to provide a safe space for open dialogue and idea exchange, free from censorship and surveillance.

2. Acceptance of Terms
Your Agreement to the Terms
This document, the “Terms of Services” (or “Terms”), governs your access to and use of HushTalks. It is crucial to understand these terms as they outline your legal rights and responsibilities. These Terms apply to all visitors, users, and others who access or use the Service (“Users”).
By accessing or using HushTalks, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. It is important to review these Terms periodically, as we reserve the right to modify them at any time. Your continued use of HushTalks following any changes indicates your acceptance of the new Terms.
By accessing or using HushTalks, you signify that you have read, understood, and agree to be bound by these Terms of Services. This agreement is a legally binding contract between you and HushTalks, so please read it carefully. If you do not agree with any part of these Terms, you should not use our Service.
Changes to the Terms
HushTalks reserves the right, at our sole discretion, to modify or replace these Terms at any time. We will make reasonable efforts to provide notice of significant changes. This may include notifications through the Service or other means. Your continued use of the Service after any changes indicates your acceptance of the new Terms. We encourage you to review the Terms periodically for any updates or changes.
Eligibility
To use HushTalks, you must be at least 18 years old. If you are under 18, you may use HushTalks only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using HushTalks, you represent and warrant that you meet this age requirement and that you have the right, authority, and capacity to agree to and abide by these Terms.
Account Responsibility
If you create an account on HushTalks, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify HushTalks of any unauthorized use of your account or any other security breaches. HushTalks will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Privacy and Anonymity
Commitment to Privacy and Anonymity
At HushTalks, we are committed to protecting the privacy of our users. We understand the importance of secure communication. Our platform is designed to minimize data collection and ensure user privacy to the greatest extent possible.
Prohibition of Disclosing Private Data
Users are strictly prohibited from disclosing private or sensitive information of any individual, company, or organization inclusively HushTalks on HushTalks. This includes, but is not limited to, personal identifiers, financial information, confidential business data, or any other information that could infringe upon the privacy rights of others. Violation of this policy may result in immediate suspension or termination of your account.
Cooperation in Legal Disputes
In the event that a user discloses private data and HushTalks becomes involved in a legal dispute, HushTalks reserves the right to cooperate fully with the injured party and legal authorities. This cooperation may include providing all relevant information and content necessary for resolving the dispute, such as chat histories, pings, pongs, comments, podcasts, and audio content from talk rooms and HushClubs. We will comply with legal requirements and court orders to assist in the investigation and resolution of such disputes.
Data Collection and Usage
While we strive to minimize data collection, certain information may be necessary for the functionality and improvement of HushTalks. This includes non-identifiable data used for service operation and user experience enhancement. Any data collected will be handled with strict confidentiality and in accordance with our Privacy Policy, which provides detailed information about our data practices.
User Responsibility
Users are responsible for maintaining the confidentiality of their own private information while using HushTalks. We encourage users to be cautious and to avoid sharing personal details that could compromise their anonymity or safety.
4. User Accounts and Responsibilities
Account Creation and Security
To access certain features of HushTalks, you may be required to create an account. When creating your account, you agree to provide accurate and complete information. It is crucial to maintain the confidentiality of your account information, including your password and recovery phrases. You are responsible for all activities that occur under your account.
User Conduct
As a user of HushTalks, you are expected to use the service responsibly and ethically. You agree not to:
  • Engage in any activity that violates these Terms or any applicable laws.
  • Disclose personal or sensitive information about others without their explicit consent.
  • Use HushTalks to harass, abuse, defame, threaten, or impersonate others.
  • Post or transmit content that is illegal, offensive, or promotes discrimination, bigotry, racism, hatred, or harm against any individual or group.
  • Spread malware, spam, or engage in phishing or other fraudulent activities.
  • Attempt to disrupt the normal operation of HushTalks or interfere with other users’ experiences.
Content Responsibility
You are solely responsible for the content you upload, post, transmit, or share on HushTalks. This includes, but is not limited to, audio recordings, messages, comments, and other materials. You must ensure that your content complies with these Terms and does not violate the rights of others.
Reporting Violations
If you observe any violation of these Terms, we encourage you to report it to us immediately. HushTalks reserves the right to investigate and take appropriate action, which may include removing content, suspending or terminating accounts, or involving law enforcement authorities.
Account Termination
HushTalks reserves the right to suspend or terminate your account at any time, without notice, if we determine that you have violated these Terms or engaged in conduct that is harmful to the platform or its users.
5. Content and Conduct
User-Generated Content
communication
Content Guidelines
When using HushTalks, you agree not to create, upload, post, transmit, or distribute content that:
  • Is illegal, fraudulent, or deceptive.
  • Infringes on the intellectual property, privacy, or other rights of others.
  • Contains hate speech, threats of violence, or promotes discrimination or harm against individuals or groups.
  • Is sexually explicit, obscene, or offensive.
  • Contains or promotes misinformation or harmful content.
  • Is intended to harass, bully, defame, or intimidate others.
Monitoring and Enforcement
HushTalks does not actively monitor all user-generated content but reserves the right to review and remove content that violates these Terms. We may also take action against users who violate these guidelines, including temporary or permanent suspension of account access.
Reporting Inappropriate Content
Users are encouraged to report any content or behavior that violates these Terms. HushTalks will review reported content and take appropriate action, which may include removal of content or suspension of user accounts.
Intellectual Property Rights
By uploading or sharing content on HushTalks, you affirm that you have the right to do so and that the content does not infringe on any third-party rights. You grant HushTalks a non- exclusive, royalty-free license to use, modify, reproduce, distribute, and display your content in connection with the service.
Disclaimer
HushTalks is a platform for user-generated content and does not endorse any opinions, views, or advice expressed therein. We are not responsible for the accuracy, quality, or legality of the content shared by users.
6. Intellectual Property
Ownership of HushTalks Content
All content provided on HushTalks, including but not limited to the design, text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of HushTalks or its content suppliers and protected by international copyright and intellectual property laws. HushTalks reserves all rights not expressly granted in these Terms.
User Content and Intellectual Property Rights
As a user of HushTalks, you may create, upload, post, or share content, including audio recordings, messages, and other materials. By doing so, you represent and warrant that you own the rights to this content or have obtained the necessary permissions to use and share it on our platform.
By uploading or sharing content on HushTalks, you grant HushTalks a non-exclusive, royalty- free, worldwide, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service and HushTalks 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.
Respect for Intellectual Property Rights
HushTalks respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement and terminate the accounts of repeat infringers according to the process set out in the applicable copyright law.
Infringement Claims
If you believe that your intellectual property rights have been infringed upon by content on HushTalks, please notify us by providing a detailed infringement notice. We will review your claim and take appropriate action, which may include removing the infringing content and/or terminating the account of the infringing user.
7. Limitation of Liability
Disclaimer of Warranties
HushTalks is provided on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. HushTalks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by applicable law, HushTalks, its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
  • Your access to, use of, or inability to access or use the service;
  • Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
  • Any content obtained from the service; and
  • Unauthorized access, use, or alteration of your transmissions or content.
Acknowledgment
By using HushTalks, you acknowledge and agree that the exclusions and limitations of liability set out in this section are reasonable. If you do not think they are reasonable, you must not use this service.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
8. Service Availability and Changes
Service Availability
HushTalks strives to provide a reliable and accessible service, but we cannot guarantee uninterrupted access. Our service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. HushTalks is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Maintenance and Updates
To ensure the best possible service, HushTalks may need to carry out maintenance, which could result in temporary interruptions. We aim to conduct maintenance during low-traffic periods and will endeavor to provide advance notice whenever possible.
Changes to the Service
HushTalks is continually evolving, and we reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Changes may include adding or removing features, implementing new technologies, or adjusting content offerings.
User Notification
If significant changes are made to the service, we will make reasonable efforts to notify users. This may include announcements on the HushTalks platform or other communication methods.
User Feedback
We welcome and encourage user feedback regarding changes and improvements to HushTalks. Your suggestions help us refine the service and better meet your needs.
Termination of Service
HushTalks reserves the right to terminate or restrict your access to the service for any reason, including, but not limited to, breach of these Terms, without notice or liability. In the event of termination, your right to use the service will immediately cease.
9. Dispute Resolution and Governing Law
Governing Law
These Terms of Services and your use of HushTalks will be governed by and construed in accordance with the laws of the jurisdiction in which HushTalks is based, without regard to its conflict of law provisions.
Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle such disputes. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by an arbitration service of mutual agreement, in accordance with the provisions of its Commercial Arbitration Rules, or equivalent.
Arbitration Agreement
By agreeing to these Terms, you agree to resolve any claims relating to the service or these Terms through final and binding arbitration, except as set forth under exceptions to the agreement to arbitrate below.
Exceptions to Agreement to Arbitrate
You and HushTalks agree that the following disputes are not subject to the above provisions concerning binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or HushTalks’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.
Jurisdictional Issues
If the agreement to arbitrate is found not to apply to you or your claim, you and HushTalks agree that any judicial proceedings will be brought in the federal or state courts of the jurisdiction in which HushTalks is based, and both parties consent to venue and personal jurisdiction there.
10. Changes to Terms of Services
Right to Amend Terms
HushTalks reserves the right to update or modify these Terms of Services at any time. Changes to the Terms may reflect adjustments to our service, legal, regulatory, or operational developments, or other reasons.
Notification of Changes
When we make changes to the Terms, we will take reasonable steps to notify our users. This may include posting a notice on the HushTalks platform or using other means of communication. The date at the top of the Terms will indicate the last date of revision.
User's Responsibility to Review Changes
It is your responsibility to review the updated Terms. Continued use of HushTalks after changes to the Terms have been made will constitute your acceptance of those changes. If you do not agree to the new terms, you should discontinue your use of HushTalks.
Substantial Changes
In the case of substantial changes to the Terms, we will provide more prominent notice and/or seek your consent, as required by law. Substantial changes may include significant alterations to our data practices, changes in user rights, or other major policy adjustments.
11. Contact Information
Reaching Out to HushTalks
If you have any questions, concerns, or feedback regarding these Terms of Services or any aspect of HushTalks, please feel free to contact us. We value open communication with our users and are committed to addressing your inquiries promptly and effectively.
Contact Details
You can reach HushTalks through the following means:
Feedback and Suggestions
We welcome and encourage feedback and suggestions from our users. While we may not be able to implement every suggestion, your input is invaluable in helping us improve HushTalks and better serve our community.
Reporting Issues
For reporting technical issues, content violations, or any misuse of the service, please use the specified channels or features available on the HushTalks platform for such reports. This ensures that your concerns are directed to the appropriate team for prompt action.