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Terms and Conditions
The Speech Team, Inc. operates speechteam.com, SpeechSpace!, SpeechForum, which are social networking and online forum components that allows Members to create unique personal profiles online in order to find and communicate with old and new friends and colleagues. The services offered by SpeechForum include any SpeechForum-branded URL (the " The Speech Team, Inc. Website"), SpeechForum messaging services (including, without limitation, instant messaging, private messaging, and email services), SpeechForum music and video services, SpeechForum developer services, SpeechForum mobile services, and any other features, content, or applications offered from time to time by SpeechForum in connection with The Speech Team, Inc.’s business (collectively, the "The Speech Team, Inc. Services"). The Speech Team, Inc. Services are hosted in the United States.
The Speech Team, Inc. reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on The Speech Team, Inc. Services. All material modifications will apply prospectively only. Your continued use of The Speech Team, Inc. Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of The Speech Team, Inc. Services immediately. You may receive a copy of this Agreement by contacting us.
Use of The Speech Team, Inc. Services and registration to be a Member for The Speech Team, Inc.Services (“Membership”) is void where prohibited. By using The Speech Team, Inc. Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of The Speech Team, Inc. Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the The Speech Team, Inc. Services or are a Member. You may terminate your Membership at any time, for any reason, by following contacting us. SpeechForum may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, SpeechForum reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of The Speech Team, Inc. Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, SpeechForum reserves the right, in its sole discretion, to reassign or rename your profile URL. SpeechForum expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of The Speech Team, Inc. Services if SpeechForum determines, in its sole discretion, that you have violated this Agreement or pose a threat to SpeechForum, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
You acknowledge that SpeechForum reserves the right to charge for any portion of The Speech Team, Inc. Services and to change its fees (if any) from time to time in its discretion. If SpeechForum terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify SpeechForum immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The Speech Team, Inc. Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by SpeechForum. SpeechForum reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of The Speech Team, Inc. Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The Speech Team, Inc. Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. SpeechForum reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of The Speech Team, Inc. Services.
Please choose carefully the information that you post on, through or in connection with The Speech Team, Inc. Services and that you provide to other Users. Your SpeechForum profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other SpeechForum Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and SpeechForum assumes no responsibility or liability for this material. If you become aware of misuse of The Speech Team, Inc. Services by any person or Linked Service, please click on the "Contact Us” link on the menu of The Speech Team, Inc. Website pages.
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with The Speech Team, Inc. Services. SpeechForum reserves the right to investigate and take appropriate legal action against anyone who, in SpeechForum's sole discretion, violates this provision, including, without limitation, removing the offending Content from The Speech Team, Inc. Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of SpeechForum:
SpeechForum respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is SpeechForum’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through The Speech Team, Inc. Services in a way that constitutes copyright infringement, please send SpeechForum's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on The Speech Team, Inc. Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. SpeechForum's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, SpeechForum, Inc., 5110 Loag Boat Blvd., E., Tampa, FL 33615; Facsimile: (813) 854-3983; Phone: (813) 855-4947; Attn: Copyright Agent. SpeechForum's Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com SpeechForum provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact SpeechForum’s Copyright Agent at the email address listed.
You are solely responsible for your interactions with other SpeechForum Users, third party developers or any other parties with whom you interact through The Speech Team, Inc. Services and/or Linked Services. SpeechForum reserves the right, but has no obligation, to become involved in any way with these disputes.
The Speech Team, Inc. Website is a general audience site and does not knowingly collect PII from children under 13 years of age.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON SPEECHFORUM
General. When SpeechForum collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of SpeechForum. SpeechForum may also collect PII from you if you choose to participate in The Speech Team, Inc. Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to SpeechForum for review.
In addition, SpeechForum collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve The Speech Team, Inc. Services, track usage, and for security purposes.
SpeechForum Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.
SpeechForum Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and SpeechForum communicate with them by controlling their account settings, available within the “Edit Profile” portion of their SpeechForum profile.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on The Speech Team, Inc. Services.
NOTICE: SPEECHFORUM WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
Some of the advertisements that appear on The Speech Team, Inc. Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of The Speech Team, Inc. Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please click here.
Third party applications (such as widgets) created by third party developers may also be available on The Speech Team, Inc. Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, SpeechForum does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with SpeechForum. SpeechForum encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
CHOICE: SPEECHFORUM WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
USE: SPEECHFORUM'S USE OF PII
In order to locate other SpeechForum Members that you may already know in the physical world, SpeechForum allows Users to search for Members using Registration PII (i.e., full name or email address). SpeechForum also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). SpeechForum may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from SpeechForum, SpeechForum may periodically use your email address to send you such materials related to The Speech Team, Inc. Services, as applicable. If you want to stop receiving such materials from SpeechForum, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.
SpeechForum employees, agents and contractors must have a business reason to obtain access to your PII. SpeechForum may share your PII with those who help us manage or provide The Speech Team, Inc. Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide SpeechForum with a specific service and not for any other purpose. SpeechForum may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. SpeechForum also may share your PII with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, SpeechForum may customize the advertising and marketing messages you receive on the The Speech Team, Inc. Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. SpeechForum prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with SpeechForum’s advertisers and business partners.
There may be instances when SpeechForum may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of SpeechForum, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of The Speech Team, Inc. Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if SpeechForum sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, SpeechForum may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. SpeechForum is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: SPEECHFORUM PROTECTS THE SECURITY OF PII
SpeechForum uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, SpeechForum uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT SPEECHFORUM ABOUT PRIVACY CONCERNS
Whenever possible, SpeechForum Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”
If you ask SpeechForum to stop using your PII, SpeechForum will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.
SpeechForum is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with The Speech Team, Inc. Services or Linked Services, by Users of The Speech Team, Inc. Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of SpeechForum. In addition, SpeechForum is not responsible for any damage, injury or loss caused by Users of The Speech Team, Inc. Services or by any of the equipment or programming associated with or utilized in The Speech Team, Inc. Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with The Speech Team, Inc. Services may contain links to other websites or services. SpeechForum is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by SpeechForum. Inclusion of any linked website or service on The Speech Team, Inc. Services does not imply approval or endorsement of the linked website or service by SpeechForum. When you access these third party sites and services, you do so at your own risk. SpeechForum takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with The Speech Team, Inc. Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. SpeechForum is not responsible for the conduct, whether online or offline, of any User of The Speech Team, Inc. Services or Linked Services. SpeechForum assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SpeechForum is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of The Speech Team, Inc. Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with The Speech Team, Inc. Services or Linked Services. Under no circumstances shall SpeechForum be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of The Speech Team, Inc. Services or Linked Services, attendance at a SpeechForum event, from any User Content posted on or through The Speech Team, Inc. Services or Linked Services, or from the conduct of any Users of The Speech Team, Inc. Services, whether online or offline. The Speech Team, Inc. Services and Linked Services are provided "AS-IS" and as available and SpeechForum expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SpeechForum cannot guarantee and does not promise any specific results from use of The Speech Team, Inc. Services or Linked Services.
IN NO EVENT SHALL SPEECHFORUM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SPEECH TEAM, INC. SERVICES OR LINKED SERVICES, EVEN IF SPEECHFORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPEECHFORUM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPEECHFORUM FOR THE SPEECH TEAM, INC. SERVICES DURING THE TERM OF MEMBERSHIP.
Software available in connection with The Speech Team, Inc. Services (the "Software") is further subject to United States export controls. No Software may be downloaded from The Speech Team, Inc. Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and SpeechForum agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or The Speech Team, Inc. Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold SpeechForum, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of The Speech Team, Inc. Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with The Speech Team, Inc. Services.
This Agreement is accepted upon your use of The Speech Team, Inc. Website or any of the The Speech Team, Inc. Services and is further affirmed by you becoming a Member. Your agreement with SpeechForum will always include this Agreement at a minimum. Your access and use of certain The Speech Team, Inc. Services will require you to accept additional terms and conditions applicable to such certain The Speech Team, Inc. Services, in addition to this Agreement, and may require you to download Software or Content. The failure of SpeechForum to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SpeechForum is a trademark of The Speech Team, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use the Contact Us link on the menu.
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