speakhq.co ("Speak") is owned and operated by JV Multimedia, Inc., a company based in California. By registering with Speak you are entering into the below legally binding agreement.
Speak reserves the right, at its sole discretion, to modify or replace the terms within this agreement at any time. If there is any discrepancy between Speak's web copy and these terms, these terms will govern. Speak will make reasonable efforts to notify you of modifications to these terms by posting an announcement on the Speak website. If these terms are modified you shall be responsible for reviewing and becoming Familiar with any such modifications. Your continued use of Speak, after modifications have been posted, constitutes your full agreement to be bound by the modified terms.
Speak enables you to add helpful and personal presentations to any page of your website.
You own all of the content and information that you post to Speak. However, please note that by posting content to a publicly accessible website, such as Speak, content my be arbitrarily used and copied by third parties. Speak does not claim any responsibility for the security, IP or ownership of content that is posted to the Speak platform. See "Indemnification" for further clarification on this subject.
Speak users may not create or post any pornographic content to any part of the Speak platform. This includes pictures, text, words, links or any other form of digital input that the Speak platform accepts. Speak reserves the right, at its sole discretion, to modify or delete any content or accounts that it deems to be of adult or pornographic nature.
Law Breaking Advice
Users may not use Speak to promote any kind of law breaking activity. Speak reserves the right, at its sole discretion, to modify or delete any content or accounts that it deems to be containing or soliciting law breaking advice.
The "Speak Platform" is only available to persons who are at least eighteen (18) years old.
Enforcement of User Agreement and Policies
Speak has the right, but not the obligation, to suspend or cancel your account if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party.
Without limiting Speak's other remedies we may suspend or terminate your account, reclaim any available funds and refuse to provide any further access to the "Speak Platform" to you if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability or you, our Users or for Speak. Once suspended or terminated, you my not continue to use the Speak service under a different account or reregister under a new account.
Membership & Usage
Speak reserves the right to remove any User from the "Speak Platform" at its sole discretion and also to refuse registration and membership to any user for any reason.
SPEAK MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCT, Speak RESOURCES, "SPEAK PLATFORM" OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Speak DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SECTION "TERMINATION" STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST Speak WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES OR DISSATISFACTION.
Limitation of Liability
IN NO EVENT WILL SPEAK BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF Speak TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY Speak FEES RETAINED BY Speak WITH RESPECT TO CONTRACTS ON WHICH USER WAS INVOLVED AS EMPLOYER OR CONTRACTOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Each User shall indemnify, defend and hold harmless Speak and its subsidiaries, affiliates, officers, agents, employees, representatives and co-branders or other partners from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Speak, Services or action or omission by such User infringes Proprietary Rights or other rights of any third party. Speak takes no responsibility for any content posted by users to the Speak platform. Each user of the Speak platform retains full ownership and legal responsibility of any content that they post to the Speak platform.
Term and Termination
The term of this Agreement is ongoing so long as a user has an operational Speak account.
This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior agreements.
User shall not violate any laws or third party rights on or related to the "Speak Platform". Without limiting the generality of the foregoing, User agrees to comply with all applicable import and export control laws and third parties' Proprietary Rights.
Speak reserves the right in its sole discretion to amend this Agreement without advance notice. Modifications to this Agreement will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. Subject to Section "Term and Termination", if any modification is not acceptable to you, your only recourse is to cease using the "Speak Platform". By continuing to use the "Speak Platform" after Speak has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
Choice of Law
This Agreement and any controversy, dispute or claim arising out of or relating to this Agreement ("Claims") shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
The following Sections shall survive any termination of this agreement:
- Warranty Disclaimer
- Limitation of Liability
- Term and Termination
- Entire Agreement
- No Waiver
- Choice of Law
- Prevailing Language
User: Any person that is browsing or registered on the "Speak Platform".