ACCEPTABLE USE POLICY
Last updated
April 01, 2023
This Acceptable Use Policy (
"
Policy"
) is part of our
Terms
and Conditions (
"
Legal Terms"
) and should therefore be read alongside our
main Legal Terms:
https://similartalk.com/terms-and-conditions
. If you do not agree with these Legal Terms, please refrain from using our Services.
Your continued use of our Services implies acceptance of these Legal Terms.
Please carefully review this Policy
which applies to any and all:
(a) uses of our
Services (as defined in "Legal Terms")
(b) forms,
materials, consent tools, comments, post, and all other content available on the Services (
"Content") and
(c) material
which you contribute to the Services including any upload, post, review, disclosure,
ratings, comments, chat etc. in any forum, chatrooms,
reviews, and to any interactive services associated with it (
"Contribution").
WHO WE ARE
We are
Binary
Round Unipessoal LDA
, doing business as
SimilarTalk
(
"
Company," "
we," "
us," or
"
our"
) a company registered
in
Portugal
at
Rua Daciano Baptista Marques, n.º 245, 2.º andar - Lake
Towers - Edifício D
,
Vila Nova de Gaia
,
Porto
4400-617
. We operate
the website
https://similartalk.com (the
"
Site"
)
, as well as any other related products and services that
refer or link to this Policy (collectively, the
"
Services"
).
USE OF THE SERVICES
When you use the Services you
warrant that you will comply with this Policy and with all applicable laws.
You also acknowledge that you may
not:
- Systematically retrieve data or
other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Make any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
- Circumvent, disable, or
otherwise interfere with security-related features of the Services, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the
use of the Services and/or the Content contained therein.
- Engage in unauthorized
framing of or linking to the Services.
- Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account information such
as user passwords.
- Make improper use of our
Services, including our support services or submit false reports of abuse or
misconduct.
- Engage in any automated use of
the Services, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or
create an undue burden on the Services or the networks or the Services connected.
- Attempt to impersonate another
user or person or use the username of another user.
- Use any information obtained
from the Services in order to harass, abuse, or harm another person.
- Use the Services as part of any
effort to compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
- Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making up
a part of the Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures
of the Services designed to prevent or restrict access to the Services, or any portion
of the Services.
- Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the Services
to you.
- Delete the copyright or other
proprietary rights notice from any Content.
- Copy or adapt the Services’
software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt
to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.
- Upload or transmit (or attempt
to upload or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms"
).
- Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or using or launching any unauthorized
script or other software.
- Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Services.
- Use the Services in a manner
inconsistent with any applicable laws or regulations.
-
Use a buying agent or purchasing agent to make purchases on the
Services.
-
Sell or otherwise transfer your profile.
If you subscribe to our Services, you understand,
acknowledge, and agree that you may not, except if expressly permitted:
- Engage in any use, including
modification, copying, redistribution, publication, display, performance, or
retransmission, of any portions of any Services, other than as expressly permitted by
this Policy, without the prior written consent of Binary Round
Unipessoal LDA, which consent Binary Round Unipessoal
LDA may grant or refuse in its sole and absolute discretion.
- Reconstruct or attempt to
discover any source code or algorithms of the Services, or any portion thereof, by any
means whatsoever.
- Provide, or otherwise make
available, the Services to any third party.
- Intercept any data not intended
for you.
- Damage, reveal, or alter any
user's data, or any other hardware, software, or information relating to another person
or entity.
CONTRIBUTIONS
In this Policy, the term "Contributions"
means:
- any data, information, software,
text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive
features, or other materials that you post, share, upload, submit, or otherwise provide in
any manner on or through to the Services; or
- any other content, materials, or
data you provide to Binary Round Unipessoal LDA or use with the
Services.
Some areas of the Services may allow
users to upload, transmit, or post Contributions. We may but are under no obligation to review
or moderate the Contributions made on the Services, and we expressly exclude our liability for
any loss or damage resulting from any of our users' breach of this Policy. Please report any
Contribution that you believe breaches this Policy; however, we will determine, in our sole
discretion, whether a Contribution is indeed in breach of this Policy.
You warrant that:
- you are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and this
Policy;
- all your Contributions comply with
applicable laws and are original and true (if they represent your opinion or facts);
- the creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party; and
- you have the verifiable consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the
Services and this Policy.
You also agree that you will not post,
transmit, or upload any (or any part of a) Contribution that:
- is in breach of applicable laws,
regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty,
or that promotes or facilitates fraud or illegal activities;
- is defamatory, obscene, offensive,
hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse
material, or violates any applicable law concerning child pornography or otherwise intended
to protect minors;
- contains any material that solicits
personal information from anyone under the age of 18 or exploits people under the age of 18
in a sexual or violent manner;
- promotes violence, advocates the
violent overthrow of any government, or incites, encourages, or threatens physical harm
against another;
- is obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, contains sexually explicit
material, or is otherwise objectionable (as determined by us);
- is discriminatory based on race,
sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or
insults any person;
- promotes, facilitates, or assists
anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in
infringing, a third party's intellectual property rights or publicity or privacy rights;
- is deceitful, misrepresents your
identity or affiliation with any person and/or misleads anyone as to your relationship with
us or implies that the Contribution was made by someone else than you;
- contains unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation that has been "paid for," whether with monetary compensation or in kind;
or
- misrepresents your identity or who
the Contribution is from.
REVIEW AND RATINGS
When your Contribution is a review or
rating, you also agree that:
- you have firsthand experience with
the
services
being reviewed;
- your Contribution is true to your
experience;
- you are not affiliated with
competitors if posting negative reviews (or linked in any way to, e.g., by being the owner
or seller/manufacturer of, a product or service if posting positive reviews);
- you cannot make or offer any
conclusions as to the legality of conduct;
- you cannot post any false or
misleading statements; and
- you do not and will not organize a
campaign encouraging others to post reviews, whether positive or negative.
Translations
When your use our services, you also agree that:
- Voices may not be as accurate or understandable as we would like,
which means pronunciations or accents can be inaccurate.
- Translation may not be as accurate as we would like,
which means ortography or grammar can have erros.
- Evaluation of your voice can be inaccurate for multiple reasons,
like microphone issue, system validation, and others that we are not able to predict.
REPORTING A BREACH OF THIS POLICY
We may but are under no obligation to
review or moderate the Contributions made on the Services and we expressly exclude our liability
for any loss or damage resulting from any of our users' breach of this Policy.
If you consider that any Content or
Contribution:
- breach this Policy, please
email us at [email protected]
,
or refer to the contact details at the bottom of this
document to let us know which Content or Contribution is in breach of this Policy and why;
or
- infringe any third-party
intellectual property rights, please email us at [email protected]
.
We will reasonably determine whether a
Content or Contribution breaches this Policy.
CONSEQUENCES OF BREACHING THIS POLICY
The consequences for violating our
Policy will vary depending on the severity of the breach and the user's history on the Services,
by way of example:
We may, in some cases, give you a
warning and/or remove the infringing Contribution, however, if your breach is serious or if you
continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate
your access to and use of our Services and, if applicable, disable your account. We may also
notify law enforcement or issue legal proceedings against you when we believe that there is a
genuine risk to an individual or a threat to public safety.
We exclude our liability for all action
we may take in response to any of your breaches of this Policy.
DISCLAIMER
Binary Round Unipessoal LDA is under no obligation to monitor users’
activities, and we disclaim any responsibility for any user’s misuse of the Services. Binary Round Unipessoal LDA has no responsibility for any user or
other Content or Contribution created, maintained, stored, transmitted, or accessible on or
through the Services, and is not obligated to monitor or exercise any editorial control over
such material. If Binary Round Unipessoal LDA becomes aware that any
such Content or Contribution violates this Policy, Binary Round Unipessoal
LDA may, in addition to removing such Content or Contribution and blocking your
account, report such breach to the police or appropriate regulatory authority. Unless otherwise
stated in this Policy, Binary Round Unipessoal LDA disclaims any
obligation to any person who has not entered into an agreement with Binary
Round Unipessoal LDA for the use of the Services.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have any further questions or
comments or wish to report any problematic Content or
Contribution, you may contact us by: