BY USING AND/OR VISITING
THIS WEBSITE (collectively, including all Content available through the Speechable.com
domain name, the "Speechable Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO
BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS
OF SPEECHABLE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://speechable.com/privacy.html,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use the Speechable Website.
2. Speechable Website
These Terms of Service
apply to all users of the Speechable Website, including users who are also contributors
of digital media content, information, and other materials or services on the Website.
The Speechable Website may contain links to third party websites that are not owned
or controlled by Speechable. Speechable has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In
addition, Speechable will not and cannot censor or edit the content of any third-party
site. By using the Website, you expressly relieve Speechable from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you
to be aware when you leave the Speechable Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. Website Access
A. Speechable hereby
grants you permission to use the Website as set forth in this Terms of Service,
provided that: (i) your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Website
in any medium without Speechable's prior written authorization; (iii) you will not
alter or modify any part of the Website other than as may be reasonably necessary
to use the Website for its intended purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms of Service.
B. In order to access
some features of the Website, you will have to create an account. You may never
use another's account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure. You must
notify Speechable immediately of any breach of security or unauthorized use of your
account. Although Speechable will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Speechable or others due
to such unauthorized use.
C. You agree not to use
or launch any automated system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that sends more request
messages to the Speechable servers in a given period of time than a human can reasonably
produce in the same period by using a convention on-line web browser. Notwithstanding
the foregoing, Speechable grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or archives
of such materials. Speechable reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Speechable
Website, except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to Speechable, subject to copyright
and other intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the respective owners.
Speechable reserves all rights not expressly granted in and to the Website and the
Content. You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website for
any commercial purposes. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related
features of the Speechable Website or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the Speechable Website or the Content
therein.
5. User Submissions
A. You are solely
responsible for your own User Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions
to use and authorize Speechable to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release, and/or permission
of each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you
retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to Speechable, you hereby grant Speechable
a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the Speechable Website and Speechable's
(and its successor's) business, including without limitation for promoting and redistributing
part or all of the Speechable Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the Speechable
Website a non-exclusive license to access your User Submissions through the Website,
and to use, reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the Website and
under these Terms of Service. The foregoing license granted by you terminates once
you remove or delete a User Submission from the Speechable Website.
B.
In connection with User Submissions, you further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post
the material and to grant Speechable all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage Speechable or any third
party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations
of business: (v) impersonate another person. Speechable does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Speechable expressly disclaims any and all liability in connection
with User Submissions. Speechable does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and Speechable
will remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. Speechable
reserves the right to remove Content and User Submissions without prior notice.
Speechable will also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission removed from
the Website more than twice. Speechable also reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of Service
for violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory material.
Speechable may remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
C. In particular, if
you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
(ii) Identification of
the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative
list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably
sufficient to permit the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
(v) A statement that
you have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that
the information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Speechable's designated
Copyright Agent to receive notifications of
claimed infringement is: Enluminari
Enterprises, Inc., BOX 1770757 Sioux Falls, SD 57186
, email: info@enluminari.com. For clarity, only DMCA notices
should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Speechable customer service
through email at support@speechable.com. You acknowledge that if you fail to
comply with all of the requirements of this Section 5(D), your DMCA notice may not
be valid.
D. You understand that
when using the Speechable Website, you will be exposed to User Submissions from
a variety of sources, and that Speechable is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable rights or remedies you have or may have
against Speechable with respect thereto, and agree to indemnify and hold Speechable,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. Speechable permits
you to link to materials on the Website for personal, non-commercial purposes only.
F. Speechable reserves
the right to discontinue any aspect of the Speechable Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE
OF THE SPEECHABLE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEECHABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
SPEECHABLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SPEECHABLE WEBSITE. SPEECHABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SPEECHABLE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND SPEECHABLE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL SPEECHABLE,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPEECHABLE WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT SPEECHABLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled
and offered by Speechable from its facilities in the
United States of America. Speechable makes no representations that the Speechable Website is appropriate
or available for use in other locations. Those who access or use the Speechable
Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
8. Indemnity
You agree to defend,
indemnify and hold harmless Speechable, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising
from: (i) your use of and access to the Speechable Website; (ii) your violation
of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these Terms of Service and your
use of the Speechable Website.
9. Ability to Accept Terms of Service
You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms
of Service, and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the Speechable Website is not intended
for children under 13. If you are under 13
years of age, then please do not use the Speechable Website.
10. Assignment
These Terms of Service,
and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Speechable without restriction.
11. General
You agree that: (i) the
Speechable Website shall be deemed solely based in
California
; and (ii) the Speechable Website shall be deemed a passive website that does not
give rise to personal jurisdiction over Speechable, either specific or general,
in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the
State of California, without respect to its conflict of laws principles. Any claim or dispute between
you and Speechable that arises in whole or in part from the Speechable Website shall
be decided exclusively by a court of competent jurisdiction located in San Francisco County, California.
These Terms of Service, together with the Privacy Notice at http://speechable.com/privacy.html
and any other legal notices published by Speechable on the Website, shall constitute
the entire agreement between you and Speechable concerning the Speechable Website.
If any provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and Speechable's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Speechable reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the Speechable Website
following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND SPEECHABLE AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SPEECHABLE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Please direct any questions concerning this User Agreement to Speechable by e-mail at: support@speechable.com
