Agreement is made between SpeakSomething.com and you as a site visitor and /or Member ("You").
This agreement has been written in English (US). .
This Agreement setforth the legally binding terms of your use of the SpeakSomething.com website at its services located at URL http://www. SpeakSomething.com.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the SpeakSomething Principles, and governs our relationship with users and others who interact with SpeakSomething. By using or accessing SpeakSomething, you agree to this Statement.
2. Sharing Your Content and Information
You own all of the content and information you post on SpeakSomething, and you can control how it is shared through your privacy and application settings. In addition:
We do our best to keep SpeakSomething safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on SpeakSomething without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
10. You will not use SpeakSomething to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of SpeakSomething, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
SpeakSomething users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on SpeakSomething, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use SpeakSomething if you are under 13.
6. You will not use SpeakSomething if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on SpeakSomething that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on SpeakSomething if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including SpeakSomething, the SpeakSomething and Logos or any confusingly similar marks, without our written permission.
8. You will not post anyone's identification documents or sensitive financial information on SpeakSomething.
9. You will not tag users or send email invitations to non-users without their consent.
6. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on SpeakSomething. The following additional terms apply to you if you place an order.
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our Advertising Guidelines.
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity.
7. You can cancel your Order at any time, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
9. We can use your ads and related content and information for marketing or promotional purposes.
10. You will not issue any press release or make public statements about your relationship with SpeakSomething without written permission.
11. We may reject or remove any ad for any reason.If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads:
12. You warrant that you have the legal authority to bind the advertiser to this Statement.
13. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SpeakSomething to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or SpeakSomething exclusively in a court located in India, as decided by SpeakSomething Inc.
2. If anyone brings a claim against us related to your actions, content or information on SpeakSomething, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP SPEAKSOMETHING UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPEAKSOMETHING "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SPEAKSOMETHING WILL BE SAFE OR SECURE. SPEAKSOMETHING IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. UST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SPEAKSOMETHING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SPEAKSOMETHING WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPEAKSOMETHING'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date in the header of this agreement.
11 .In order to access some features of the Website, you will have to create an account. You may never use another Member'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 SpeakSomething immediately of any breach of security or unauthorized use of your account. Although SpeakSomething will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SpeakSomething or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
12. Please choose carefully the information you post on the SpeakSomething Website and that you provide to other Users. Your SpeakSomething profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SpeakSomething assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by SpeakSomething by any person, please click on the "OBJECTIONABLE" link located at every post on SpeakSomething.com.
13. SpeakSomething reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the SpeakSomething Website at any time, for any or no reason, with or without prior notice, and without liability. SpeakSomething expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the SpeakSomething Website if SpeakSomething determines, in its sole discretion, that you pose a threat to SpeakSomething and/or its Users.
14. 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 SpeakSomething 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, SpeakSomething 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. SpeakSomething 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.
16. The SpeakSomething Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SpeakSomething. Illegal and/or unauthorized use of the SpeakSomething Website, including collecting usernames 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 SpeakSomething Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SpeakSomething services.
Intellectual property rights
The content on the SpeakSomething Website, except all User Submissions , 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 SpeakSomething, subject to copyright and other intellectual property rights under Indian laws and 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 and SpeakSomething. SpeakSomething reserves all rights not expressly granted in and to the Website and the Content. You agree not to 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. You agree not to circumvent, disable or otherwise interfere with security related features of the SpeakSomething Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SpeakSomething Website or the Content therein.
Important usage conditions and related provisions
1. The SpeakSomething Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SpeakSomething does not guarantee any confidentiality with respect to any submissions.
2. You shall be 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:
3. In connection with User Submissions, you further agree that you will not:
1. 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 written permission from their rightful owner to post the material and to grant SpeakSomething all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage SpeakSomething or any third party;
3. Submit material that is unlawful, obscene, defamatory, libelous, scandalous, 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;
4. Post advertisements or solicitations of business:
5. Impersonate another user. SpeakSomething does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SpeakSomething expressly disclaims any and all liability in connection with User Submissions. SpeakSomething does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SpeakSomething will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SpeakSomething reserves the right to remove Content and User Submissions without prior notice. SpeakSomething will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer(except in the case of pornographic content) 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.
4. 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 of the same via "report abuse" or "contact us" with the following information in writing:
1. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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
6. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. You understand that when using the SpeakSomething Website, you will be exposed to User Submissions from a variety of sources, and that SpeakSomething 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 Website with respect thereto, and agree to indemnify and hold SpeakSomething, 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.
6. SpeakSomething permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, SpeakSomething provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the SpeakSomething Website, provided that you include a prominent link back to the SpeakSomething Website on the pages containing the Embeddable Player. SpeakSomething reserves the right to discontinue any aspect of the SpeakSomething Website at any time.
7. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SpeakSomething services. SpeakSomething reserves the right to investigate and take appropriate legal action against anyone who, in SpeakSomething's sole discretion, violates this provision, including without limitation, removing the offending communication from the SpeakSomething Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SpeakSomething:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another user;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, addresses, last names, urls or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";"phishing"
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
16. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
18. covering or obscuring the banner advertisements on your personal profile page, or any SpeakSomething page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the SpeakSomething Website or the networks or services connected to SpeakSomething;
21. attempting to impersonate another Member or person;
22. for band profiles, copying your SpeakSomething code and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the SpeakSomething Website in order to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the SpeakSomething Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
27. using the SpeakSomething Website in a manner inconsistent with any and all applicable laws and regulations.
8. You are solely responsible for your interactions with other SpeakSomething Members. SpeakSomething reserves the right, but has no obligation, to monitor disputes between you and other Members.
In accessing the Portal and the material or content made available by SpeakSomething via the Portal, you agree that you do so only for your own personal, non-commercial use. You agree to use the Portal and Services only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Portal or Services by, any third party.
You hereby confirm undertake and agree that:-
1. You are 13 years of age or above
2. You are solely responsible for all the content that you upload on SpeakSomething and all activities that occur under your password or user name.
3. You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party.
5. You shall comply with laws as applicable from time to time regarding the usage of our website ; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.
6. The website and all its features are made available to you on an 'AS IS' basis for your information and personal use only and you have no right to commercially exploit the website or any feature of the website.
7. SpeakSomething disclaims all warranties, express or implied, in connection with the website and your use thereof.
8. You and the original owner of the mobile device undertake to indemnify and hold harmless SpeakSomething from and against any /all claims, in consequence of your actions while using our website or any part thereof.
9. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Hoshiarpur, Punjab.
10. You agree to waive your rights with reference to the "Do Not Call Registry" so as to enable us to render our services
11. You shall adhere to the terms and conditions of your mobile service provider while accessing our services.
13. You will use your best efforts to notify us of any illegal use of our website by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our website. However your inability for any reason not to notify us will not render you liable for the termination of our services.
YOU AGREE THAT YOUR USE OF THE SPEAKSOMETHING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAKSOMETHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SPEAKSOMETHING 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 OMISSIONS IN 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 SPEAKSOMETHING WEBSITE. SPEAKSOMETHING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPEAKSOMETHING WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPEAKSOMETHING 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.
INCLUSION OF ANY LINKED WEBSITE ON THE SPEAKSOMETHING WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY SPEAKSOMETHING. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. SPEAKSOMETHING TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE SPEAKSOMETHING WEBSITE OR THROUGH THE SPEAKSOMETHING SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. SPEAKSOMETHING IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SPEAKSOMETHING SERVICES. SPEAKSOMETHING 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. SPEAKSOMETHING 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 SPEAKSOMETHING SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE SPEAKSOMETHING SERVICES. UNDER NO CIRCUMSTANCES SHALL SPEAKSOMETHING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SPEAKSOMETHING SERVICES, ATTENDANCE AT A SPEAKSOMETHING EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SPEAKSOMETHING SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SPEAKSOMETHING SERVICES, WHETHER ONLINE OR OFFLINE. THE SPEAKSOMETHING SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SPEAKSOMETHING EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPEAKSOMETHING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SPEAKSOMETHING SERVICES.
Limiation of liability
IN NO EVENT SHALL SPEAKSOMETHING, 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 SPEAKSOMETHING WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 SPEAKSOMETHING 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 SpeakSomething from its facilities in India. SpeakSomething makes no representations that the SpeakSomething Website is appropriate or available for use in other locations. Those who access or use the SpeakSomething Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.