You need to be at least 13 years of age to use the Service. If you are between the ages of 13 and 18,
parental consent to these Terms and Policy to Walkandtalklv, LLC is required before your use of the
Service. If you are under 13 years of age, you may not use the Service.
Walkandtalklv, LLC reserves the right to change these Terms and Policy at any time. You may be
notified by the updated date at the top of this document. Occasionally, we will notify the changes
made to the Terms and Policy by email or other means on the Service. Please make sure you check
for changes to these terms periodically. Any change to these Terms and policy becomes
immediately effective following their posting. Your continued use of the Service after changes made
to these Terms and Policy indicates your acceptance to those changes. If you do not wish to agree
to any changes to these Terms and Policy, please immediately terminate your use of the Service.
Further, these Terms and Policy will also govern any upgrades or new versions of the Apps and/or
Service that may replace and/or supplement the original Apps and/or Service. If the upgrade or new
version is not accompanied by a Terms and Policy, these Terms and Policy will govern.
Description of Service: Walkandtalklv LLC provides you access to location-based audio content and
In order to use the Services, you may be required to register a user account with Walkandtalklv LLC.
By registering, you warrant that all information provided by you is truthful, accurate, current and
complete. Walkandtalklv LLC may collect the information you provide as described in our Privacy
Policy, located at the second section of this document. Walkandtalklv LLC reserves the right in
granting or rejecting user accounts at our discretion. You accept full responsibility for any and all
use of your account, regardless if you authorized such access or use or not. You also accept full
responsibility that all use of your account is in full compliance with these Terms and Policy.
Despite our best efforts to protect your personal data, you must fully accept the risk of potential
security breach imposed by third parties. In such cases, you agree to indemnify Walkandtalklv LLC
of all your losses or damages incurred as a result of such security breach.
If you fully accept and comply with these Terms and Policy, Walkandtalklv LLC grants
you non-commercial, personal, limited, nonexclusive, non transferable and revocable license
to access and use the Service for a limited time. When you download the Apps, you are given
the right to download, use and access one copy of the App at the priced listed. You also fully accept
that the Service contain copyrighted material, trademarks and other proprietary information,
including, but not limited to text, URL, animation, software, images, audio, video, graphics, music,
and the rights to the contents of the Services under the United States copyright laws and other laws
are owned, controlled, or Licensed or otherwise made legal to use by Walkandtalklv LLC. While you
are granted a license to use, access, view or display the Service, you may not modify, reproduce,
copy, frame, interfere, disrupt, alter, disclose, publish, transmit, translate, publicly display, publicly
perform, sell or participate in the sale, create derivative works, license, sublicense, rent, transfer,
assign, disassemble, decompile or reverse engineer any of the content or software of the Service, or
in any other way exploit the content or the Service, in whole or in part. You further agree to not
attempt to gain unauthorized access to the Service and its related systems or networks.
Walkandtalklv LLC reserves the right to terminate the license granted to you upon your violation of
any provisions listed in these Terms and Policy, policies listed within the third party application store
or marketplace where you downloaded the Apps, or at our discretion, If you wish to terminate the
license granted by Walkandtalklv LLC, please delete and destroy any copies of the Apps and
terminate your use of the Service.
You are solely responsible to provide, maintain and manage the equipment necessary for the use or
access to the Service, including, but not limited to your mobile devices, tablet devices, computers,
earplugs, earphones, headphones, chargers, auxiliary jack, Bluetooth devices, USB cords and any
other hardware or software needed to use and access the Services.
In addition, you further agree that you are solely responsible for providing and managing
the Internet connection and data, and all their related fees incurred as a result of your use or
access to the Service. Although Walkandtalklv LLC’s Apps can be used offline, you hereby
acknowledge that the Apps may access the Internet data on your device during your access or use
to the Apps, or while the Apps are in the background state of your mobile device. You further
acknowledge that if you do not wish to use any Internet connection or Internet data, you may turn
off your mobile device’s access to the Internet or data by managing it under setting provided on
your device. For specific instruction on how to turn off your device’s Internet and data usage, please
consult your device’s manufacturer. You assume all responsibility for all data fees during your use or
related to your use or access to the Service.
Walkandtalklv LLC may allow you or third parties to submit content or material to the Service. Any
content or material submitted to the Service by you will be owned by you. You agree to assume full
responsibility and indemnify Walkandtalklv LLC harmless to the fullest extent allowed by law
regarding all matters related to content or materials submitted by you.
You also hereby acknowledge that by submitting content or material to the Service, you
automatically grant Walkandtalklv LLC the royalty-free, worldwide, universal, transferable,
perpetual, irrevocable, non-exclusive right and license to use, reproduce, store, broadcast, publicly
perform, publicly display, publicly promote, advertise, create derivative works from, distribute,
translate, transmit, reproduce, modify, edit, reformat, adapt, license, sublicense, sell or participate in
the sale, copy, transfer, assign, disassemble, decompile such content and material, in whole or in
part, and to incorporate it in other works in any form, without compensation. You also agree to allow
us to use your name along with the content and material submitted by you.
If you are a resident of the European Union or other countries that recognize unalienable moral
rights, you hereby grant Walkandtalklv LLC the broadest license legally allowed under the
Walkandtalklv LLC reserves the right to alter, update, or remove the Apps and Service any time, or
demand that you do so. You acknowledge that Walkandtalklv LLC does not warrant that the Apps
and Service will always and continuously be working or accessible. Walkandtalklv LLC further
disclaims that the Apps and Services will always work as advertised, or to your satisfaction.
You hereby acknowledge that all information, data, materials, content, graphics, text, graphs,
designs, look and feel, HTML, photographs, images, sounds, music, audio, video, sources and object
codes, algorithms, logos, trademarks, service marks are owned by or licensed by Walkandtalklv LLC,
and are subject to copyright and other intellectual property rights under the United States, and that
of other nations or international conventions. Walkandtalklv LLC reserves all rights not expressly set
forth in these Terms and Policy.
You hereby acknowledge that Walkandtalklv LLC is not responsible for anything you may encounter
while using the Apps, including, but not limited to, physical and natural hazards, traffic, accidents
and any forms of delay, danger, damages or losses. You further acknowledge that Walkandtalklv
LLC’s Apps and Service only provide you with information and you solely rely on yourself for your
own safety and the safety of others around you, and to be fully aware of your surroundings at all
times during the use of the Apps or Service.
YOU HEREBY EXPRESSLY AGREE THAT THE USE OF SERVICE IS AT YOUR SOLE RISK.
WALKANDTAKLV L LC AND ITS EMPLOYEES, MANAGERS, INVESTORS, OFFICERS, DIRECTORS,
PARTNERS, OWNERS, THIRD-PARTY PROVIDERS, LICENSORS, CONTRACTORS, OR AGENTS
(“COVERED PARTIES”) GIVE NO WARRANTY (EXPLICIT OR IMPLIED) THAT THE SERVICE WILL BE
ERROR-FREE, UNINTERRUPTED OR TO YOUR SATISFACTION; NOR DO THE COVERED PARTIES
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM
THE ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION CONTAINED THEREIN, TO THE
FULLEST EXTENT PERMISSIBLE BY LAW. WALKANDTALKLV LLC AND COVERED PARTIES FURTHER
DISCLAIM THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING,
WITHOUT LIMITATION, VIRUSES, MALWARE, FAILURE, SECURITY BREACH BY THEIR PARTIES,
INACCURATE INFORMATION OR DATA, INTERRUPTION, DELETION, DELAY IN OPERATION OR
TRANSMISSION OF INFORMATION IN THE SERVICE. WALKANDTALKLV LLC FURTHER DISCLAIMS
ITS WARRANTY THAT YOUR USE OF THE APPS AND SERVICES IS LAWFUL IN ANY PARTICULAR
JURISDICTION. FURTHER, WALKANDTALKLV LLC DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS
SUITABLE FOR ANY PURPOSE, NON-INFRINGEMENT, CONDITION OF TITLE AND CUSTOM.
IN NO EVENT WILL COVERED PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY,
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU HEREBY AGREE TO
ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
YOU FURTHER AGREE TO NOT RELY ON THE SERVICE FOR SAFETY (YOUR OWN AND OTHERS). YOU
UNDERSTAND THAT ALTHOUGH WALKANDTALKLV LLC STRIVES TO PROVIDE ACCURATE DATA AND
UNINTERRUPTED SERVICE, THE APPS AND SERVICE MAY CONTAIN ERRORS, MISTAKES, AND
FAILURES. IN ADDITION, THE APPS AND SERVICE DOES NOT KNOW WHAT IS TAKING PLACE IN
FRONT OF YOU. YOU ALSO HEREBY EXPRESSLY ACKNOWLEDGE THAT ALL LOCATIONS, MAPS, MAP
ROUTES, DIRECTION, NAVIGATION, TOUR HIGHLIGHTS AND ALL INFORMATION, DATA,
MATERIALS, CONTENT, AUDIO, VIDEO ARE ONLY APPROXIMATES, AND IS “AS-IS” AND “WITH
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, WILL WALKANDTALKLV LLC AND
COVERED PARTY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
WHATSOEVER INCLUDING, BUT NOT LIMITED TO,
A) YOUR USE OR INABILITY TO USE THE APPS AND/OR SERVICE;
B) ERRORS, MISTAKES, OMISSIONS, OR ANY INACCURACY OF INFORMATION, CONTENT OR DATA;
C) ANY VIRUSES, MALWARE, FAILURES, BUGS IN THE TRANSMISSION OF INFORMATION;
D) ANY SERVICE SECURITY BREACH BY THIRD PARTIES;
E) ANY MISTAKES, OMISSION, FAILURE OR ERRORS IN THIRD PARTY CONTENT;
F) ANY LOSS OF PROPERTY, NCLUDING BUT NOT LIMITED TO PHYSICAL LOSSES, DEATH AND/OR
ANY AND ALL OTHER TYPES OF DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
THESE TERMS AND POLICY, YOUR USE OF THE SERVICE (INCLUDING, THE APPS AND
ANY WALKANDTALKLV LLC TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, OMISSIONS, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY) AND EVEN IF WALKANDTALKLV LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW
WALKANDTALKLV LLC TO LIMIT OUR LIABILITY, SUCH AS THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, WALKANDTALKLV LLC’S LIABILITY SHALL BE LIMITED
TO THE SMALLEST EXTENT POSSIBLE BY LAW IN YOUR PARTICULAR JURISDICTION. FOR ANY LOSS
OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF
WALKANDTALKLV LLC AND COVERED PARTIES WILL NOT EXCEED THE PURCHASING PRICE FOR
THE PARTICULAR WALKANDTALKLV LLC TOUR FROM WHICH THE LOSS OR DAMAGES AROSE (AS
OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED
WITH YOUR DEVICE AND/OR INTERNET DATA USAGE).
You agree to defend, indemnify and hold harmless WALKANDTALKLV LLC and its officers, directors,
owners, employees, contractors, investors and agents, from and against any and all claims,
damages, payments, deficiencies, fines, obligations, losses, liabilities, costs, debt, judgments,
settlements and expenses (including but not limited to attorney’s fees, costs, penalties, interests
and disbursements) arising from, or related to any conduct with respect to the Service, violation of
these Terms and Policy, your violation of any third party right, including but not limited to any
copyright, property or privacy.
This indemnification obligation will survive these Terms and Policy and your use of the Apps and
The Apps and Service may contain certain third-party software, plugins or Application
Programming Interface (collectively “Third Party Software”) that require separate terms of the
agreement. You agree to use the Third-Party Software in conjunction with the Apps in a manner
consistent with these Terms and Policy.
WALKANDTALKLV LLC reserves the right in our discretion to review, amend, improve, change or
discontinue these Terms and Policy from time to time, with or without notifying you. Further,
Walkandtalklv LLC reserves the right to change, modify or discontinue any features, materials,
content or data in the Apps and Service at our discretion, also with or without notifying you. You
acknowledge that Walkandtalklv LLC is not reliable to you or any third party for any changes,
alteration or discontinuance of the Service in whole or in part.
You represent and warrant that (a) you do not reside in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or
You agree that Walkandtalklv LLC may communicate with you electronically for all purposes. You
agree that electronic communication will satisfy any legal communication requirements, including
that the communications be in writing. You further agree to contact Walkandtalklv LLC if you wish
to withdraw your consent from receiving an electronic notice. Email address for such notification to
Walkandtalklv LLC is
This Agreement shall be governed by the laws in the state of Rhode Island and the United States of
Walkandtalklv LLC may suspend or terminate your rights to access or use the Service for any reason
or for no reason at all at our discretion. Although Walkandtalklv LLC will strive to provide you a
timely explanation in most cases, we reserve the right to do so with or without notifying you.
Suspension or termination may include restricting access to and use of the Apps and Service. If you
wish to terminate the use of the Apps and/or Service, please do so by deleting or destroying the
Apps that you have downloaded and cease using the Service. Deleting the Apps will result in the
immediate deletion of all content included in the Apps that you downloaded. Walkandtalklv LLC
reserves the right to keep any content submitted by you to our Service, including your username,
password, first name, last name, zip code and all other information provided by you with your
permission (explicit or inexplicit), for commercial, internal and legal purposes. All of the terms in
these Terms and Policy (excluding the license grant) will survive any termination or suspension.
You agree that in the event of any controversy or claims arising out of or relating in any way to these
Terms and Policy, prior to commencing any litigation against Walkandtalklv LLC, you or your
representatives shall consult and negotiate with Walkandtalklv LLC in a timely manner and attempt
in good faith to reach a settlement of such dispute. In the event that you and Walkandtalklv LLC are
unable to resolve the matter(s) in dispute amicably within sixty (60) days, either you or
Walkandtalklv LLC may give notice of the dispute to the other party, the parties shall submit all
matters still in dispute to mediation by a mediator in the City and County of Bristol, RI.
The mediation shall be conducted under such procedures as you and Walkandtalklv LLC may agree.
All costs and expenses of the mediation, including attorney fees of the prevailing party shall be paid
by the non-prevailing party.
In the event that you and Walkandtalklv LLC are unable to resolve the matter in dispute through
mediation, the unresolved dispute shall be resolved by arbitration in accordance with the rules of
the American Arbitration Association (AAA) before a single arbitrator selected by Walkandtalklv LLC
in Bristol, RI. However, you and Walkandtalklv LLC agree to not proceed to arbitration by first
resolving it through mediation.
The arbitration shall be conducted under such procedures as both you and Walkandtalklv LLC may
mutually agree or, failing such agreement, under the arbitration rules of AAA. The arbitrator shall
render a written opinion including findings of fact and law and the award and/or determination of
the arbitrator shall be binding on you and Walkandtalklv LLC, and will not be subject to appeal. All
costs and expenses of arbitration shall be paid by the non-prevailing party.
For any disputes that are not handled by mediation and arbitration, you agree that any action at law
or in equity arising out of or relating to these Terms and Policy shall be filed only in the state and
federal courts located in RI. And you hereby irrevocably and unconditionally consent and submit to
the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these
Terms and Policy, or the use of the Apps and Service.
You agree that Walkandtalklv LLC is not responsible to you for anything that we may otherwise be
responsible for, if it is the result of events beyond our control, including, but not limited to, acts of
God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes),
embargoes, postal disruption, communication disruption, power outage, failure or delay of your
device’s signal and service integrity to the global positioning system (GPS), failure or shortage of
infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Policy is found to be unlawful, conflicting
with another provision of these Terms and Policy, or otherwise unenforceable, these Terms and
Policy will remain in force as though it had been entered into without that unenforceable provision
being included in it.
If two or more provisions of these Terms and Policy are deemed to conflict with each other’s
operation, Walkandtalklv LLC shall have the sole right to elect which provision remains in force.
Enforcement of these Terms and Policy is solely at our discretion. Walkandtalklv LLC reserve all
rights permitted to us under these Terms and Policy as well as under the provisions of any
applicable law. Walkandtalklv LLC’s non-enforcement of any particular provision(s) in these Terms
and Policy or any applicable law should not be deemed as our waiver of the right to enforce that
same provision under the same or different circumstances at any time.
You may not assign your rights and/or obligations under these Terms and Policy to any other party
without obtaining written consent from Walkandtalklv LLC. Walkandtalklv LLC may assign our
rights and/or obligations under these Terms and Policy to any other party at our discretion with or
without notifying you.
Pursuant to California Civil Code Section 1789.3, any inquiries to Walkandtalklv LLC must be
addressed via email to email@example.com. Further, under California Civil Code
Section 1789.3, California Website users are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento,
California 95834, or by telephone at (800) 952-5210.
Information Provided by You
To use or access the Apps and Service, you may be required to provide certain information explicitly,
such as your name, email, browser, location, username, password and zip code when you sign up via
email, and/or other information you submit by permission when you sign up via Facebook or Google
or interact with us via Twitter and other social media services. Information we obtained from these
social media services is in accordance with the authorization procedures determined by these
Further, Walkandtalklv LLC may collect additional information such as your location, browser, and
other information when you contact us, give feedback, fill out a form, contact customer support,
communicate with us via third-party means, such as social media services, or otherwise
communicate with us.
Whenever you use our Apps or Service, Walkandtalklv LLC may collect information from you, such
as your IP address, usage and interactions with the Service, query information, location, referring
URL, browser, operating system, device type, version, unique identifiers, mobile network
information, cookie information, data transferred, date and time, duration of usage, pages viewed,
and the page you visited before navigating to the Service, purchase history and other information.
Walkandtalklv LLC may use a variety of technology, such as cookies and web beacons, to collect
information from you, for the purpose of improving our Service, analytics, and understanding how
you interact or use the Service.
Walkandtalklv LLC may use information about you for the following purposes, including but not
1. Improve, test, deliver, maintain and provide our Service to you and other users;
2. Understand, monitor your use, activities in connection with the Service;
3. Communicate with you regarding all issues, matters, promotions, offers, events, reward, support,
message and all information related to the Service;
4. Provide customer support, respond your comments, feedback, inquiries, resolve concerns and all
other support and service related to the Service;
5. Detect, investigate and prevent any suspected breach of these Terms and Policy;
6. Share third-party offers with you;
7. Walkandtalklv LLC is based in the United States and is governed by the U.S. laws. By accessing or
using the Service, you agree to provide information and the transfer and process to the U.S. and
Walkandtalklv LLC may share information about you or as otherwise described in these Terms and
Policy third parties in the following ways, including but not limited to:
1. With consultants, vendors, suppliers and any other service or providers that require such
information to carry out work on Walkandtalklv LLC’s behalf;
2. To protect our rights, safety, property of Walkandtalklv LLC and others;
3. If we reasonably believe that you breached these Terms and Policy;
4. In connection with the negotiation, sale or merger of Walkandtalklv LLC’s assets, acquisition,
financing in whole or in part, to a party or third parties;
5. With your consent, we may share information you provide with third parties; 6. Walkandtalklv LLC
may also share anonymous data with no identifiable personal information regarding you with third
parties. Without limitation of the generality of the foregoing, you hereby grant your authorization
to Walkandtalklv LLC to using third party services for the purposes of information collection,
providing Service to you, and analytics.
Walkandtalklv LLC may use third party services, including but not limited to social media services,
App Store, Google Play, as an integral part of the Service. You acknowledge that Walkandtalklv LLC
does not screen, maintain, monitor or protect the securities of these third parties services.
Walkandtalklv LLC is not responsible for the information about you collected by any third party. You
collection practices of you.
You agree that Walkandtalklv LLC may disclose your information to authorities if compelled to by a
court order according to the U.S. law or the laws of other countries and convention. Additionally,
Walkandtalklv LLC may disclose your information with law enforcement or third parties if we
reasonably believe that you have beached these Terms and Policy or for any other legal purposes.
You agree that once information is submitted by you or collected by Walkandtalklv LLC, you will be
unable to opt out of our data collection practices. In the event that you wish to review, change,
access, or remove any of your information provided by you, or collected by Walkandtalklv LLC,
please contact us at firstname.lastname@example.org. You further agree that Walkandtalklv
LLC may keep archived copies of your information as required by law of for legitimate business
You may choose to remove or reject cookies on our Services by changing your browser setting. You
may remove permission to receive push notification and alerts from Walkandtalklv LLC by on your
mobile device. You may opt out receiving promotional, unsolicited communications, such as emails,
texts, messages from Walkandtalklv LLC by unsubscribing from or unfollowing us.
by the updated date at the top of this document. Occasionally, we may notify the changes made to
to these terms periodically. Any change becomes immediately effective following its posting. Your
those changes. If do not wish to agree to any changes, please immediately terminate your use of