Welcome to Speakonit (“Speakonit” or “Website”), an online forum that enables Users to create and discuss any topic of choice with the Speakonit community. By its very nature, Speakonit facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. As an option, Users can submit links such as videos, pictures or articles to support their position.
These Terms of Use (“TOS”) sets forth the terms and conditions which govern your use of Speakonit. Please read this Agreement carefully before accessing the Website. By accessing Speakonit, you acknowledge and agree that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in these TOS. If you do not wish to be bound by this TOS, you are not authorized to use this Website.
Speakonit reserves the right to modify these TOS at any time. You agree to review these TOS periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified TOS.
MONITORING OF USER CONTENT
We respect your ownership of and responsibility for the content you wish to share. You acknowledge and agree that Speakonit does not and shall not have any obligation to review postings, comments, or submitted links (collectively “Content”), and therefore we do not guarantee the accuracy, integrity or quality of such Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Content that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Content. You may notify Speakonit of any objectionable Content or appearing on the Website by sending an email to support@speakonit.com.
REGISTRATION OBLIGATIONS
As a condition to using Speakonit, you are required to register with Speakonit and select a password and user name ("User ID"). You shall provide Speakonit with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the TOS, which may result in immediate termination of your Speakonit account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Speakonit reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Speakonit password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use Speakonit for any purpose that is unlawful or prohibited by the TOS, or any other purpose not reasonably intended by Speakonit. By way of example, and not as a limitation, you agree not to use Speakonit:
1. to abuse, harass, threaten, impersonate or intimidate other Speakonit users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is false or misleading, or promotes activities that are abusive, threatening, obscene, pornographic, profane, defamatory, illegal or that otherwise violates any right of any third party;
3. to violate a person’s right of publicity and/or privacy;
4. to infringe on any patent, trademark, copyright, or other proprietary rights of any party;
6. to post or transmit material that is offensive to the Speakonit or the Speakonit community, such as content that promotes racism, bigotry, hatred, physical harm of any kind against any group or individual, or which harasses or harms, or advocates the harassment or harming of another individual;
7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Speakonit user;
8. to violate any laws in your jurisdiction;
9. to transmit “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
10. with the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
10. for non-personal, commercial purposes;
11. to advertise to or solicit any User to buy or sell any products or services. It is also a violation of these rules to use any information obtained from Speakonit in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
12. to link to materials or other content directly or indirectly, which the User posting such material does not have the right to link or which competes in any manner with the Website; and
13. to attempt to impersonate another User or person.
Speakonit may remove any Content and Speakonit accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report TOS abuse, please contact us at: support@speakonit.com
You are solely responsible for your interactions with other Users of the Website. Speakonit reserves the right, but has no obligation, to monitor disputes between you and other Users.
RIGHTS TO CONTENT POSTED
By creating and posting Content to Speakonit, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by Speakonit in any context. To clarify, the above does not apply to the Content on external sites linked by you on your original postings.
INTELLECTUAL PROPERTY
Copyright: The Website is a registered copyright of SpeakOnIt, Inc. All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of SpeakOnIt, Inc, or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
Trademarks: “Speakonit” is a registered trademark of SpeakOnIt,Inc. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of SpeakOnIt,Inc or its licensors, sponsors or suppliers (collectively, the “Trademark”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, the CORPORATION.
Copyright Infringement Complaints: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on Speakonit in a way that constitutes copyright infringement, please contact us at support@speakonit.com, with the subject line “DMCA Infringement Notification” and sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Speakonit actual knowledge of facts or circumstances from which infringing material or acts are evident. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Upon receipt of notices complying or substantially complying with the DMCA, Speakonit may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Speakonit will terminate access for subscribers and account holders who are repeat infringers.
If we remove or disable access to Content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Speakonit with a counter notification by written communication to support@speakonit.com, with the subject line “DCMA Counter Notification,” that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
PRIVACY POLICY
Speakonit’s current Privacy Policy is available here and is incorporated here in by this reference.
LINKS
Users may post links to other Internet websites or resources. Because Speakonit has no control over such websites and resources, you acknowledge and agree that Speakonit is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Speakonit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INDEMNITY
You agree to indemnify, defend and hold Speakonit harmless from any liability, damage or cost (including reasonable attorneys’ fees and cost) made by any third party due to or arising out of your breach of these TOS, or your violation of any law or the rights of a third party. You agree that under no circumstances will the CORPORATION be liable in any way for the accuracy, reliability, or quality of any posting, and that you shall hold the CORPORATION harmless for (i) any errors or omissions in any posting by you, or (ii) any loss or damage of any kind incurred as a result of the use of any posting by you.
WARRANTY DISCLAIMERS
You acknowledge that Speakonit has no control over, and no duty to take any action regarding: which users gain access to the Website or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Speakonit from all liability for you having acquired or not acquired Content through the Website. Speakonit may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Speakonit makes no representations concerning any content contained in or accessed through the Website and Speakonit will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. THE CONTENT AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPEAKONOT OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE WEBSITE, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
TERMINATION
Speakonit may terminate or suspend your Speakonit account immediately, without prior notice or liability, if you breach any of the terms or conditions of the TOS. Upon termination of your account, your right to use the Speakonit will immediately cease. If you wish to terminate your Speakonoit account, you may simply discontinue using the Website. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
GOVERNINING LAW AND VENUE
You acknowledge and agree that this TOS shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions, and you hereby submit to exclusive personal jurisdiction and venue in the federal and state courts of the United States located in the State of California, County of San Francisco. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
GENERAL
Speakonit and you are independent entities, and nothing in these TOS, or via use of the Website, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Speakonit and you.
If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have any question regarding this TOS, you can send an email to support@speakonit.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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