Access to the Site
Restrictions on Use of the Site
The Site is intended for use by persons 13 years of age or older. Talk of the Town does not make sales to children under the age of 13, and users under the age of 13 should get the assistance of a parent or guardian before using this Site.
Trademarks, service marks and logos (the “Marks”) appearing on the Site are the property of Talk of the Town or the party that provided the Marks to Talk of the Town. Talk of the Town and any other party that provided the Marks retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on the Site. You may not use the Marks without prior written permission.
Payment for Orders
Talk of the Town accepts Visa®, MasterCard® and American Express®. Talk of the Town reserves the right to reject any order you place on the Site.
All gift cards issued by The Talk of the Town are deemed purchased in and issued from the State of Florida. Each time you use the gift card, Talk of the Town will deduct that amount from the balance until you have used the full balance of the card. Except where required by law, this gift card is not redeemable for cash. Talk of the Town cannot replace the gift card if it is lost or stolen. The risk of loss and title to such items pass to the purchaser upon the electronic transmission to the recipient or deliver to the carrier, as applicable. In the event a gift card is non-functional, your sole remedy shall be the replacement of such gift card by The Talk of the Town.
The Site may contain links to other web sites that are not maintained by, or related to, Talk of the Town. Links to such sites are provided as a convenience to users and are not necessarily sponsored by or affiliated with the Site or Talk of the Town. Talk of the Town has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and Talk of the Town makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to the Site. The inclusion of any link to a third-party site does not imply endorsement by Talk of the Town of that site.
By accessing and using the Site, you consent to receive communications from Talk of the Town electronically, and you agree that all agreements, notices, disclaimers, disclosures and other communications that Talk of the Town provides electronically satisfy any legal requirements that such communications be in writing.
You understand that Talk of the Town cannot and does not guarantee or warrant that the Site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Talk of the Town does not assume any responsibility or risk for your use of the Internet. Information obtained by using the Site is not exhaustive and may not cover all information relevant to your goals.
YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TALK OF THE TOWN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TALK OF THE TOWN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALK OF THE TOWN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE AND THE SEARCH RESULTS DISPLAYED ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TALK OF THE TOWN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TALK OF THE TOWN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENTS. TALK OF THE TOWN MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
THIRD-PARTY LINKS, SERVICES OR RESOURCES AND INFORMATION THAT TALK OF THE TOWN MAKES AVAILABLE THROUGH THE SITE ARE NOT CONTROLLED BY TALK OF THE TOWN. ACCORDINGLY, TALK OF THE TOWN MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
Limitation On Liability
TALK OF THE TOWN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE EVEN IF TALK OF THE TOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TALK OF THE TOWN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE YOU ACKNOWLEDGE AND AGREE TO TALK OF THE TOWN’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.
Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to Talk of the Town through the Site (collectively, the “Submission”) shall become the property of Talk of the Town. You hereby grant to Talk of the Town the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Talk of the Town will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of Talk of the Town. You should not send through the Site any comments, ideas or materials that you do not wish to be assigned to Talk of the Town.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
contains links to other sites that contain content that falls within the descriptions set forth above.
In its sole and absolute discretion, with or without notice to you, Talk of the Town may suspend or terminate your use the Site.
Last updated: November 21, 2013.