Terms & Conditions

Welcome to the getsmalltalk.com website and daily learning platform, available on iPhone (the “Website”). These Terms govern the use of our Website, our Small Talk mobile application (the “Application”) and any services offered through the Website or the Application (the “Services”). Our Website, Application and Services are designed to help inspire our audience to engage in learning every day and provide curated content for educational purposes. Getsmalltalk.com is brought to you by SmallTalk Group Ltd, registered in the UK as company number 10893020.

Acceptance of terms

By using or accessing the Getsmalltalk.com Website, the Application or the Services, you agree and accept these Terms of Use (“Terms”). If you do not agree to these Terms, you should not access or use the Website, the Application or the Services.

In addition to these Terms, your use of and access to content provided on the Website or through the Application may be governed by additional terms, policies and/or agreements. In addition to these Terms, you should review and be familiar with any applicable third party terms. Smalltalk may also have separate agreements in place with its content providers that may modify or otherwise amend these standard Terms.

Smalltalk may modify these Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Website, Application or Services after such posting or other notice to you shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Third party content

With respect to third party content available on or through the Website or Application, Smalltalk distributes content supplied by third parties and/or users. Any opinions, advice, statements, services, or other information or content expressed or distributed through this Website or Application are those of the respective author(s) or publisher(s) and not of Smalltalk. Neither Smalltalk nor any third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its fitness for any particular purpose.

The Website is for informational and educational purposes only. Smalltalk may index or otherwise tag, highlight, or excerpt submitted and/or curated content for the purpose of promoting and enhancing our educational and informational purpose. However, Smalltalk neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website or through the Application by any third party. Under no circumstances will Smalltalk be liable for any loss or damage caused by your use or reliance on information obtained through the Website or Application. Smalltalk is not responsible for any actions or inaction on your part based on the information that is presented on or through the Website or Application. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on or through the Website or Application.

Content and intellectual property ownership

Smalltalk respects the intellectual property rights of its content providers and other third parties and wants its users to do the same. The Website and Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to: video, text, software, photos, and graphics. Most of this content, as well as the selection and arrangement of such content is or may be protected by the copyright laws of the United Kingdom and other countries. Smalltalk has rights in the selection, coordination, arrangement and enhancement of such content on its Website and through its Application, as well as in the content presented at the Website and within the Application that is original to it. Third Party videos and curated content presented through the Website and Application are and will remain the intellectual property of our content providers.

Except as otherwise expressly permitted under copyright law, these Terms, or any other applicable terms of use governing such content, no copying, redistribution, retransmission, publication or commercial exploitation of material from the Website will be permitted without the express permission of Smalltalk and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. By using the Website, the Application or the Services, you acknowledge that you do not acquire any ownership rights by downloading, displaying, distributing or viewing copyrighted material from the Website or within the Application.

License to content

Unless otherwise agreed, and subject to any other applicable terms relating to the provision of the Content (i.e. YouTube terms of use), any content providers or users who submit or otherwise provide materials posted on or through the Website or Application grant Smalltalk, and its related companies and any assignees and licensees of Smalltalk, a royalty-free, perpetual, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) as long as such use is consistent with the general educational and informational purpose of the Website, the Application and the Services. You warrant that such content is accurate and not misleading, and that use and posting or other transmission of such content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant Smalltalk the right to pursue at law any person or entity that violates Smalltalk’s rights or a third party’s rights in the content by a breach of these Terms.

Digital millennium copyright act notice

Smalltalk respects the rights of all copyright holders and in this regard, Smalltalk has adopted and implemented a policy that provides for the protection of copyrighted works.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Smalltalk’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your Digital Millennium Copyright Act notice to:

Smalltalk Group Ltd.
7 Albert Crescent,
Penarth,
Vale of Glamorgan,
UK, CF64 1DA
hello@getsmalltalk.com
029 20 701098

Trademarks

Smalltalk Group Ltd., its parent, subsidiaries and affiliates, owns or licenses all rights in and to the trademarks and logos used in connection with the website. All other logos and trademarks appearing on the Website or Application or within content posted on the Website or accessible through the Application are the property of their respective owners.

Registration on our website

To obtain access to certain services on Smalltalk sites, you may be given an opportunity to register with the Website. As part of any such registration process, you may select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to: (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorisation; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Smalltalk considers to be offensive. Smalltalk reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive.

You may also choose to register for our Website or access our Application using your Facebook or Twitter account. If you choose to do so, you may allow content from your Smalltalk account to be shared through your Facebook or Twitter account. Any such content you share through Facebook or Twitter will be governed by their respective terms and privacy policies.

You will be responsible for preserving the confidentiality of your account details and will notify Smalltalk of any known or suspected unauthorised use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorisation, you should notify Smalltalk immediately.

Smalltalk will only use the information you provide in accordance with its privacy policy, found here

Use of our website, application and services

By using the Website and/or our services you agree not to:

• Interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users or posting private information about a third party;
• Upload, post or otherwise transmit to Smalltalk any content, including any software or other materials which contain a virus or other harmful or disruptive component;
• Interfere with or disrupt the Website or the Application or the servers or networks connected to the Website or Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Application;
• Upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or Application;

Any conduct that, in Smalltalk’s sole discretion, restricts or inhibits anyone else from using or enjoying the Website, the Application or our Services will not be permitted.

Smalltalk reserves the right in its sole discretion to remove content and/or to terminate access to the Website, the Application or our Services for any reason.

Communications with Smalltalk and interactive features

Occasionally, users may wish to communicate with Smalltalk and/or send information users think is useful to Smalltalk’s mission. In addition, Smalltalk may provide comments sections, discussion forums, bulletin boards, communications tools, or other interactive features (“Interactive Areas”) in which visitors may post or upload comments or user-generated content relevant to the Website or Application (collectively all such submissions, including information users may send in hard copy or by email, shall be referred to as “User Content”). By submitting User Content you represent that such User Content complies with these Terms and that either (a) you are over the age of majority in your state of residence, or (b) if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate on the Website or use the Application, and fulfil the obligations set forth in these Terms, which forms a binding contract between you and Smalltalk.

Community guidelines for interactive features

Smalltalk reserves the right in its sole discretion to remove or edit User Content authored by you and to terminate your access to our website for any reason. Smalltalk is not responsible for User Content submitted to the Website or the Application or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Website or Application.

If you submit any User Content or participate in any Interactive Areas within or in connection with the Website or Application, you agree not to upload, post or otherwise transmit and User Content that:

• Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• Is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• Contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene;
• Advocates or provides instruction on illegal activity;
• Contains advertising or any solicitation with respect to products or services;
• Tends to indicate that you are impersonating another person or entity, or misrepresent that you are affiliated with another person or entity that you do not legitimately represent, including, but not limited to, any Smalltalk employee;
• Is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Smalltalk, in its sole discretion, to have violated the intellectual property or other rights of others may be barred from submitting or posting any further material on the Website or through the Application.

Monitoring

Smalltalk shall have the right, but not the obligation, to monitor use of its Website and Application, including, if applicable, any content posted or uploaded to the Website or through the Application, to determine compliance with these Terms and any operating rules established by Smalltalk and to satisfy any law, regulation or authorised government request. Smalltalk reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any user, any content posted or uploaded to the Website or through the Application at any time and for any reason.

Disclaimer of warranty; limitation of liability

(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER SMALLTALK GROUP LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APPLICATION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR APPLICATION.

(B) THE WEBSITE, APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

(C) NEITHER SMALLTALK GROUP LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTRIBUTORS, USERS OR THIRD-PARTIES OR CONTENT GENERATED FROM SUCH THIRD PARTIES THAT MAY APPEAR ON OR THROUGH THE WEBSITE OR APPLICATION, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL BEACON SOLUTIONS INC., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE APPLICATION.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SMALLTALK GROUP LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OR ACCESSED ON THE WEBSITE OR THE APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SMALLTALK GROUP LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Miscellaneous

These Terms shall be construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.