The Talk Market Terms of Use


This Terms of Use Agreement (the “Agreement”) is between you and The Talk Market, Inc. (“we”) covering your use of The Talk Market website (hereinafter referred to as “the Website” or www.talkmarket.com, or “The Talk Market” and encompassing the services and content available through The Talk Market website). By utilizing the Website or agreeing to this Agreement when signing up for an account with The Talk Market, you agree to be bound by this Agreement and agree to the Privacy Policy, including any changes we may make to this Agreement or Privacy Policy at our sole discretion. Please revisit this page and the Privacy Policy page of the Website to review the most current Agreement and Policies.

This Agreement applies when you use the website in any way, including but not limited to when you post content (“User Content”) on the Website, or use the website to embed Website content or User Content within other sites, and purchase and sell items on the Website.

When using the Website, you agree not to:
-Upload any material that infringes the copyrights of others
-Alter any of the technologies or source code of the Website
-Access User Content other then the through the playback of the Website itself, the embedding of the Website’s video player in other sites, or through the downloading of the Free TV Tools
-Contact the users of the Website or utilize the Website to promote another user-generated video commercial services website or engage in any activity that advertises competition of the Website
-Include your website or phone number in your video
-Upload any material that violates the Website’s content policies, which include the prohibition of the sale of: promotional media, unauthorized and unlicensed merchandise, recopied media, illegal items, stolen goods, domain names, living creatures, alcohol, tobacco, real estate, recalled products, products that violate an individual's right to privacy, or offensive material.
-Interfere with the Website’s service through automated request message generators in such a way that degrades Website operation
-Classify any goods for sale inappropriately on the Website
-Violate any laws, commercially or otherwise
-Engage in any fraudulent commercial activity
-Fail to deliver products purchased from you by other users in a timely fashion, or fail to adhere to a product’s return policy
-Circumvent the fee structure of the Website
-Post any misleading information about a product you are selling
-Post any defamatory or libelous content
-Log into the account of another user
-Circumvent any Website security measure

The content on the Website, not including the User Content, is owned or licensed to the Website, and may not be copied, distributed, sold, licensed, or used in any manner without the express permission of the owners of said content. You may access the User Content solely for evaluating the products for sale on the Website or through the regular functions of the Website.

You are granted the perpetual, royalty-free right to synchronize and incorporate the Free TV Tools on the Website or derivative works thereof into audiovisual works you create (“User TV Tools Audiovisuals”), and to reproduce, store, display, distribute for free and perform said User Audiovisuals only on or through the Website.

By uploading a TV Tool to the Website, you grant all Website users the perpetual, royalty-free right to synchronize and incorporate said TV Tool or derivative works thereof into audiovisual works said Website users create, and to reproduce, store, display, distribute for free and perform said audiovisuals only on or through the Website.

When you upload any content to the Website, including but not limited to videos, music, images, and text data, you grant us the non-exclusive perpetual, royalty-free, transferable, and sublicenseable right throughout the universe to incorporate, reproduce, modify, store, display, distribute and perform said content on or through the Website, it’s successors or assigns, or any other web site, or via any other method of distribution, in any media now known or known hereafter. You shall be solely responsible for the content you submit to the Website and you agree that you have the rights, including the requisite copyright or express permission of any third-party copyright holders, to grant us the rights to said content herein. You also grant each user of the Website the right to access your content through the website and to use, display, perform, distribute said content as part of the functionality of the Website.

The Talk Market charges a 5% commission on all products sold on or through the Website. This commission is charged only to sellers when an item is sold by that user through The Talk Market. This commission does not include any credit card or payment processing fees that may be charged by third party credit card processing services such as Amazon Payments. For reference, the current credit card processing fee schedule for sellers from Amazon Payments is as follows:

For Transactions >= $10:

* 1.5% + $0.01 for Amazon Payments balance transfers
* 2.0% + $0.05 for bank account debits
* 2.9% + $0.30 for credit card

For Transactions < $10:

* 1.5% + $0.01 for Amazon Payments balance transfers
* 2.0% + $0.05 for bank account debits
* 5.0% + $0.05 for credit card

When a customer buys a product from a seller at or through The Talk Market, sellers are required to ship goods within two days of purchase, unless another arrangement is mutually agreed upon in writing by said buyer and seller. Sellers should ship products such that they are received by their purchasers within 2 – 6 business days. The Talk Market reserves the right to require customer refunds if products are not shipped according to the terms of this paragraph.

Any content, including but not limited to product descriptions, commercial offers, or advertising, posted by users, is the sole responsibility of that user who posted said content. The Talk Market makes no warrantees or representations as to the accuracy, completeness, appropriateness, or authenticity of the content posted by the Website users. You agree not to hold The Talk Market liable in any manner for any claim, loss, or damage or otherwise due to any content posted by users of the Website. You understand and agree that The Talk Market does not prescreen content submitted by users, but has the right (but not the obligation) to remove content at it’s sole discretion, for any reason, and at any time, without advance notice.

The Website is provided "AS IS" without warranty of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Specifically, we do not warrant that you will have access at all times to the Website and we do not warrant that the Website will meet your requirements or that the operation of the Website will be uninterrupted or error-free.

WE PROVIDE STORAGE OF THE USER CONTENT SOLELY FOR PURPOSES RELATED TO THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR SEPARATE STORAGE AND BACK-UP OF ANY CONTENT THAT YOU STORE OR OTHERWISE CONTRIBUTE TO THE SITE. ANY SUCH CONTENT IS STORED AT YOUR OWN RISK AND THE TALK MARKET EXPRESSLY DISCLAIMS RESPONSIBILITY FOR ANY LOSS OF DATA THAT RESULTS FROM THE STORAGE OF ANY SUCH MATERIAL ON THE SITE, REGARDLESS OF HOW THE LOSS OCCURS. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TALK MARKET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY.

If you are a copyright owner, and you believe that User Content or content on the Website infringes on your copyrights, please submit notice to us at staff@talkmarket.com, including specific information on the copyright, substantiation, and a statement representing that you are the copyright owner or authorized to act on its behalf.

Legal ownership of items sold on the Website shall transfer from the selling user to the purchasing user upon the purchaser’s physical receipt of the item sold. You agree to use the Website at your own risk, and to the fullest extent permitted by law within your jurisdiction, we are not liable for any loss or damage arising out of your use of the Website, including, but not limited to any lost sales due to any Website downtime. Not withstanding anything to the contrary, our liability to you or any third party shall not exceed the total commission fees you paid directly to us within six months of the action giving rise to said liability or $50, and no claim shall be brought by you more than one year after the date of the cause of said claim.

You hereby release, indemnify, and hold harmless us, including our employees, officers, directors, investors, joint venturers, subsidiaries, representatives and assigns, from any claims, demands, or damages whatsoever arising out of a dispute between you and another Website user, violation by a Website user or by you of this Agreement, or any violation by a Website user or by you of any law or rights of a third party, and you waive any local civil codes to the contrary.

We may offer special discounts or customer referral bonuses from time to time at our discretion.  Referral bonuses are only valid for fully completed orders that are not returned or refunded.  Bonuses are only offered when the referred customer is a bona fide new customer.  Any such discounts or referral bonus programs can be terminated by us at any time without notice.  

Injunctive Relief: You hereby acknowledge and agree that the Website is proprietary and confidential to The Talk Market and that the Website contains valuable trade secrets, the disclosure of which would cause us irreparable harm for which monetary compensation would be inadequate. You therefore further agree that if you breach your obligations under these Terms, we shall be entitled to seek injunctive relief from a court of competent jurisdiction without the need to post any bond or demonstrate actual damages.

In the event of a dispute between you and us, such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules and auspices of the American Arbitration Association by one arbitrator in New York, New York. The foregoing shall not prevent either party from seeking preliminary injunctive relief in a court of competent jurisdiction. Any decision of the arbitrator shall be final and binding on the parties, and enforceable in any court of competent jurisdiction.

If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Your rights and obligations under this Agreement may not be assigned, in whole or in part, without prior written consent of us and such other restrictions as set forth herein. No waiver by either party of any rights under this Agreement will be effective unless such waiver is in a writing signed by the party against whom enforcement is sought. Any notices relating to this Agreement should be sent via email to staff@talkmarket.com.

The relationship of the parties herein shall not be construed as that of an agency, joint venture, partnership, employer-employee, or franchiser-franchisee. This Agreement shall be governed by the laws of the State of Delaware. You acknowledge and agree that you have the right to enter into this Agreement and that you are over the age of 18.