You may not use the SpeakerMatch.com
Network or the products or services provided through or in
connection with the SpeakerMatch.com Network to:
rent, lease, license, grant a security
interest in, or otherwise transfer or sublicense Your rights
hereunder to any third party;
defame, libel, slander, impersonate,
abuse, harass, threaten, invade the privacy of or otherwise
violate or infringe the legal rights (including the rights of
privacy and publicity) of any other person;
conduct, promote or forward illegal
contests, pyramid schemes, chain letters, unsolicited or
unauthorized advertising, promotional materials, unsolicited
e-mail ( including "spamming") or multi-level or illegal
marketing campaigns;
harm minors in any way;
publish, post, distribute, disseminate,
advertise or link to any: (i) content, site, topic, name,
material or information which is illegal, inappropriate,
profane, defamatory, libelous, slanderous, infringing,
obscene, indecent, or which contains nudity or adult content;
(ii) software, content or other material protected by
intellectual property laws, copyright licenses, rights of
privacy or publicity, or other proprietary rights, unless You
own, or control such rights or have received all necessary
consents for Your publication, distribution, or linking of
such software and other materials; (iii) software, content or
other material that contains viruses, worms, corrupted files,
cracks or that may or are intended to damage the operation of
or render inoperable another's computer, hardware, software,
security measures or system or other programs written to
defeat the security measures of any computer, system or
programs; (iv) software, content, other material or Web site
that constitutes "hate speech", whether directed at an
individual or a group, and whether based upon the race, sex,
creed, national origin, religious affiliation, sexual
orientation or language of such individual or group;
sell, offer to sell, distribute,
promote, facilitate, disseminate or link to any sites for
marketing, sales, promotion, facilitation or distribution of:
firearms; explosives; ammunition; liquor; tobacco products;
illegal gambling (including gambling in connection with
sporting events); food that is not packaged or does not comply
with all applicable laws for sale to consumers by commercial
merchants; illicit drugs, pharmaceuticals and controlled
substances; counterfeit, pirated or stolen goods; any goods or
services that infringe or otherwise violate a third party's
rights including copyright, patent, trademark, or rights of
publicity or privacy; goods that are considered indecent,
obscene or pornographic; Nazi memorabilia; registered or
unregistered securities; goods or services that You cannot
legally sell; goods which are misrepresented or which do not
in fact exist; fraudulent goods; goods, services or activities
that if sold via any SpeakerMatch.com services or Your Personal
Web Page would cause SpeakerMatch.com to violate any law,
statute or regulation; or any other illegal activity;
harvest or otherwise collect
information about third parties, including e-mail addresses,
without the express consent of such third parties;
violate any applicable government laws
or regulations.
You may not decompile, disassemble,
reverse engineer or otherwise attempt to discover any trade
secret contained in the SpeakerMatch.com Network, or in any
product, service or Software provided through the
SpeakerMatch.com Network.
The information
provided by SpeakerMatch.com to You may be proprietary in nature.
You agree not to share any information provided to You by or on
behalf of SpeakerMatch.com with any third party.
TERMS RELATED TO FEES AND BILLING
Some products and services available through
or in connection with SpeakerMatch.com require that You purchase
a subscription or otherwise pay a fee. You are solely
responsible for all charges, fees, duties, taxes, and
assessments arising out of any use of Your SpeakerMatch.com
account by you or anyone else using Your account.
SpeakerMatch.com reserves the right to modify the fees charged for
SpeakerMatch.com products and services from time to time,
provided that such new fees shall not take effect earlier than
thirty (30) days after SpeakerMatch.com notifies You via email or
otherwise of such modified fees.
CHARGES ON YOUR BILLING
ACCOUNT
SpeakerMatch.com bills you through an online
account (Your "Billing Account") for services and items obtained
through the SpeakerMatch.com Network (the "Products"). You agree
to pay SpeakerMatch.com all charges at the prices then in effect
for any Products ordered by you or other persons (including Your
agents) using Your Billing Account, and you authorize
SpeakerMatch.com to charge Your chosen payment method (Your "Payment
Method") for such Products. You agree to make payment using that
selected Payment Method. SpeakerMatch.com reserves the
right to correct any errors or mistakes that it makes even if it
has already requested or received payment.
YOU
MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR
BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND SERVICES ORDERED. YOU
MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING
ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN
BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY SpeakerMatch.com IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU
BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE
UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
CHANGES TO SUCH INFORMATION CAN BE MADE BY CALLING
SpeakerMatch.com AT
1-866-372-8768.
IF YOU FAIL TO PROVIDE SpeakerMatch.com WITH ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT SpeakerMatch.com MAY CONTINUE
CHARGING YOU FOR ANY PRODUCT OR SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT
OR SERVICE (SEE OUR CANCELLATION
POLICY).
Currency
exchange settlements will be based on Your Payment Method and
may be determined by agreements between you and the financial
institution, credit card issuer or other provider of Your chosen
Payment Method (the "Payment Method Provider"). If
SpeakerMatch.com does not receive payment from Your Payment Method
Provider, you agree to pay all amounts due on Your Billing
Account upon demand.
Prices for all Products
exclude all applicable taxes and telecommunication charges,
unless expressly stated otherwise. To the extent permissible by
law, you agree to be responsible for any applicable taxes and
telecommunication charges, whether or not such amounts are
charged to Your Billing Account or Payment Method.
If the amount to be charged to Your Billing Account varies from
the amount you preauthorized, you have the right to receive, and
SpeakerMatch.com shall so provide, notice of the amount to be
charged and the date of the charge at least 10 days before the
scheduled date of the transaction. Any agreement you have with
the Payment Method Provider will govern Your use of Your Payment
Method. You agree that SpeakerMatch.com may accumulate charges
incurred and submit them as one or more aggregate charges during
or at the end of each billing cycle.
SpeakerMatch.com MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED
THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH
NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SpeakerMatch.com
REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE
YOUR PAYMENT METHOD, CONTACT CUSTOMER SERVICE AT
1-866-372-8768.
Your non-termination or continued use of the Products on Your
Billing Account reaffirms that SpeakerMatch.com is authorized to
charge Your Payment Method. SpeakerMatch.com may submit those
charges for payment and you will be responsible for such
charges. Those submissions will not waive SpeakerMatch.com's
right to seek payment directly from you. Your charges may be
payable in advance, in arrears, per usage, or as otherwise
described when you initially ordered the applicable Product.
DUE DATE; LATE CHARGE; COLLECTION COSTS
The amount due to SpeakerMatch.com for Your
Billing Account must be paid in full by Your Payment Method
Provider on the date such payment is requested by
SpeakerMatch.com, not later than 30 days after the billing date; you are
not entitled to carry forward a balance. You agree to pay late
charges that may be assessed by SpeakerMatch.com on amounts due
but not timely paid. The late charge will be 1% per month (or
12% per annum) on the total amount due but not paid; but if such
rate is in excess of any allowable rate under applicable laws,
then you will instead be charged the maximum rate that is
permitted by law. SpeakerMatch.com reserves the right to refer
Your Billing Account to a third party for collection in the
event of default. You agree to pay all costs incurred in the
enforcement of these Terms of Use and in collection of any
delinquent amounts due, including reasonable attorneys' fees and
costs.
DEFAULT
If SpeakerMatch.com does not receive payment
for any charge to Your Billing Account, you will be in default
and SpeakerMatch.com may suspend or cancel Your Billing Account
and Your access to any or all SpeakerMatch.com Products and
Services. If Your Payment Method Provider seeks return of
payments previously made to SpeakerMatch.com, but
SpeakerMatch.com
in good faith believes that you are liable for the charge and
applicable law allows the Payment Method Provider to seek
payment from you, you will also be in default and
SpeakerMatch.com may cancel Your Billing Account and Your access to any
or all Products and Services.
CANCELLATION OR SUSPENSION FOR
DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH
CANCELLATION OR SUSPENSION, SpeakerMatch.com MAY STOP DELIVERY OF
ANY PRODUCT OR SERVICE, AND ANY INFORMATION YOU HAVE STORED ON A
SpeakerMatch.com ACCOUNT MAY NOT BE RETRIEVED AT A LATER DATE.
TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS
SpeakerMatch.com may, in its discretion,
terminate, cancel, or suspend an accepted order if
SpeakerMatch.com is notified that Your Payment Method has expired or has
been canceled, or if SpeakerMatch.com has reason to believe that
any Billing Account information provided to SpeakerMatch.com is
untrue, inaccurate, not current or incomplete. Termination,
cancellation or suspension, whether by you or SpeakerMatch.com,
will not alter Your obligation to pay all charges made to Your
Billing Account before such termination, cancellation or
suspension (including charges made after termination by you but
before SpeakerMatch.com could reasonably act on Your termination
notice ). Subject to any withdrawal right you may have under
applicable law, You will not be entitled to any refunds upon
termination, cancellation or suspension unless these Terms of
Service or the cancellation policy on the cancellation policy
page of the SpeakerMatch.com website expressly so provides.
If You notify SpeakerMatch.com by phone at
1-866-372-8768
or in writing that You are canceling one or more
SpeakerMatch.com
services or products, fees pre-paid by You to SpeakerMatch.com
for SpeakerMatch.com products or services will be credited back
to Your applicable credit card in accordance with the
cancellation policy. SpeakerMatch.com is not required to refund
directly to You any amounts paid hereunder.
In
the event that SpeakerMatch.com terminates Your SpeakerMatch.com
account or one or more of Your SpeakerMatch.com services for
violation of these Terms of Service or the Additional Terms, You
will not be entitled to the return of any fees paid with respect
to any such terminated account service. Except as otherwise
required by law, the costs of any returns if permitted will be
at Your expense.
GENERAL
You represent and warrant that you are an
individual (or in the case of an entity, an agent of the entity)
authorized to use the designated Payment Method. You agree to
pay for all charges (including charges by other persons) and to
comply with Your responsibilities and obligations as stated in
these Terms of Service. If you are an agent of an entity user,
you represent and warrant that you are duly authorized to
legally bind the entity to all terms and conditions of these
Terms of Service and that you have made the entity aware of
them. You agree not to assign, transfer or sublicense any rights
in Your Billing Account.
CANCELLATION POLICY
You acknowledge that if You cancel any
subscriptions to a SpeakerMatch.com service that You may not be
entitled to a refund of all or part of amounts already paid by
You for such SpeakerMatch.com subscription. You agree that (a)
SpeakerMatch.com's cancellation policy will be posted on the
SpeakerMatch.com Web site and may be changed from time to time by
SpeakerMatch.com in its sole discretion and (b) the cancellation
policy posted at the time you cancel Your subscription shall
govern the amount of the refund (if any) due to you.
SpeakerMatch.com's Cancellation policy is located at
http://www.SpeakerMatch.com/cancellation.asp.
CHANGES TO SERVICES, TERMINATION BY
SpeakerMatch.com
SpeakerMatch.com may change any of the
SpeakerMatch.com services at any time and from time to time without
notice, including terminating the offering of any
SpeakerMatch.com service altogether.
SpeakerMatch.com
may terminate Your account, Your access to SpeakerMatch.com or
any of Your SpeakerMatch.com services (in whole or in part) at
any time, with or without cause, and with or without notice. You
may be barred from accessing any of Your SpeakerMatch.com
services or from using the SpeakerMatch.com Network or from
receiving any products, services or benefits from
SpeakerMatch.com, if SpeakerMatch.com determines You have violated these
Terms of Service or any Additional Terms, if You have failed to
remit any applicable subscription fees when due, if any
representation or warranty made by You is untrue in any respect
or if SpeakerMatch.com receives a court order or other legal
action relating to Your account. In addition, if You violate any
of these Terms of Service, or any applicable Additional Terms
You will forfeit all in-kind credits and any other amounts
accruing to You (if any) in connection with the SpeakerMatch.com
Network and there will be no refund of any fees prepaid by You.
If You subscribe to a SpeakerMatch.com service which is made up
of two or more individual services and You violate the Terms of
Service applicable to one of such individual services, (1) Your
use of the particular individual service will be terminated, but
the remaining services will remain active and (2) there will be
no refund (in whole or in part) of Your annual fee for the
SpeakerMatch.com service terminated. You will be responsible for
all fees incurred during Your subscription and payment of such
fees shall be due immediately upon termination of Your
subscription.
LINKS TO THIRD PARTY SITES
Links within the SpeakerMatch.com Network may
let You leave the SpeakerMatch.com Network. You acknowledge that
the linked sites are not under the control of SpeakerMatch.com
and that SpeakerMatch.com is not responsible for the contents or
operation of such linked sites or any link contained in such
linked site, any changes or updates to such sites, or Web
casting or any other form of transmission received from any
linked site. SpeakerMatch.com is providing these links to You
only as a convenience, and the inclusion of any link does not
imply endorsement by SpeakerMatch.com of the linked site or any
association with their operators.
LICENSE YOU
GRANT TO
SpeakerMatch.com
SpeakerMatch.com does not claim ownership of
the materials You provide to SpeakerMatch.com (including feedback
and suggestions) or that You post, upload, input or submit in
connection with Your use of SpeakerMatch.com or any Web Personal
Web Page
("Your Personal Page") created by You or on Your behalf in connection
with the use of SpeakerMatch.com (collectively "Submissions").
However, You grant SpeakerMatch.com a royalty-free license to use
(including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate, sublicense and reformat Your Submission, and to
publish Your name in connection with Your Submission) Your
Submission only in connection with the operation and promotion
of SpeakerMatch.com. You also grant SpeakerMatch.com the right to
publish Your name in connection with any such use. No
compensation will be paid or due You with respect to
SpeakerMatch.com's or its sublicensee's use of the materials as licensed
above. SpeakerMatch.com is under no obligation to post or use any
materials You may provide, and may remove such materials at any
time in SpeakerMatch.com's sole discretion. By posting messages,
uploading files (including graphics), inputting data, submitting
any feedback or suggestions, or engaging in any other form of
communication with or through the SpeakerMatch.com Network, You
represent and warrant that You own or otherwise control the
rights necessary to do so and to grant SpeakerMatch.com the
license set forth above, and You will defend and indemnify
SpeakerMatch.com and its suppliers from any third party claim
related to a breach of any of the foregoing representations or
warranties.
You grant SpeakerMatch.com
permission to use screen shots of any Web page that contains a
link to SpeakerMatch.com or SpeakerMatch.com HTML code in
SpeakerMatch.com promotional materials, and represent and warrant that
You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON THE
SpeakerMatch.com NETWORK
Software (if any) that is made available to
download from or otherwise use through the SpeakerMatch.com
Network, excluding software that may be made available by third
parties via SpeakerMatch.com, ("Software") is the copyrighted
work of SpeakerMatch.com and/or its suppliers. Your use of the
Software is governed by these Terms of Service, and the
applicable Additional Terms, and the terms of the end user
license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). To the extent that the
License Agreement conflicts with the Terms of Service or
Additional Terms, the terms of the License Agreement shall
govern Your use of the Software. You may not install or use any
Software that is accompanied by or includes a License Agreement
unless You first agree to the License Agreement. For any
Software not accompanied by a license agreement,
Simply Speaking, Inc. hereby grants to You, the user, a personal,
non-exclusive, non-transferable license to use the Software for
viewing and otherwise using the particular SpeakerMatch.com Web
Site or SpeakerMatch.com service in accordance with the License
Agreement, the Terms of Service and Additional Terms and for no
other purpose. In addition, You shall keep intact all and may
not alter any copyright and other proprietary notices contained
in such Software. All Software is owned by SpeakerMatch.com
and/or its suppliers, and is protected to the maximum extent
permitted by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal
penalties. Persons violating the foregoing, or who otherwise
misappropriate any intellectual property or proprietary rights
related to the Software may be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY
NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE
ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE
PROVIDED HEREUNDER. You acknowledge that the Software, and any
accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the
USA. You agree not to export or re-export the Software, directly
or indirectly, to any countries that are subject to USA export
restrictions. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and restrictions
described elsewhere herein. All Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1,
1995 is provided with "Restricted Rights" as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable. You are responsible for ensuring the
Software is marked with the "Restricted Rights Notice" or
"Restricted Rights Legend," as required. All rights not
expressly granted are reserved.
LIMITATIONS
OF LIABILITY AND DISCLAIMERS
The information, software, products, services
and other material included in or available through the
SpeakerMatch.com Network may not be complete, and may include
inaccuracies or errors, and may also be modified, discontinued
or deleted from time to time without notice. Advice,
information, products, services or other materials received via
the SpeakerMatch.com Network should not be relied upon for
personal, medical, legal, business, financial or other decisions
and is not intended to replace the advice of appropriate and
qualified professionals. You acknowledge that You should consult
an appropriate professional for specific advice tailored to Your
situation.
Your access to and use of the
SpeakerMatch.com Network, and products and services of
SpeakerMatch.com, is at Your own risk. SpeakerMatch.com makes no
guarantees of any kind regarding the dependability, accuracy,
security, timeliness or availability of the SpeakerMatch.com
Network, or such products or services. Without limiting the
foregoing, NEITHER
SpeakerMatch.com NOR ITS RESPECTIVE SUPPLIERS
MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN SpeakerMatch.com FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
SpeakerMatch.com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL
SpeakerMatch.com OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF SpeakerMatch.com OR RELATED SERVICES, OR WITH THE
DELAY OR INABILITY TO USE SpeakerMatch.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH SpeakerMatch.com; OR OTHERWISE ARISING OUT OF
THE USE OF SpeakerMatch.com, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SpeakerMatch.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
SpeakerMatch.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE
ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SpeakerMatch.com NETWORK AND ITS RELATED
SERVICES AND PRODUCTS.
Without limiting the
foregoing, SpeakerMatch.com is not responsible for any of Your
data residing on SpeakerMatch.com and SpeakerMatch.com Network
hardware or systems, including such hardware or systems provided
to SpeakerMatch.com by third parties. You are responsible for
maintaining and backing-up Your data and information that may
reside on the SpeakerMatch.com or SpeakerMatch.com hardware or
systems, including such hardware or systems provided to
SpeakerMatch.com by third parties, whether or not such information is
produced through the use of SpeakerMatch.com, including any
information regarding the operation or use of Your Personal Web
Page, and other information You are
providing or using in connection with Your use of the
SpeakerMatch.com Network. It is Your responsibility to take the
necessary steps to ensure Your primary means of business is
maintained. SpeakerMatch.com will not be liable for any damage,
loss or disclosure of data, accounts, revenue or business
arising out of or otherwise related to: (a) Your use of the
SpeakerMatch.com Network, its services or products; (b) Your
customers' use of Your Personal Web Page hosted by or created through
SpeakerMatch.com and Your products and services; (c) use of the
SpeakerMatch.com Network by any other party to whom You have
given access to Your company information for use of the
SpeakerMatch.com Network; (d) errors, bugs or other defects in the
SpeakerMatch.com Network; (e) illegal or criminal activities,
including but not limited to reliance on any information
obtained on the SpeakerMatch.com Speaker Showcase service; or (f) or
that result from mistakes, omissions, interruptions, deletion of
files or e-mail, loss of or damage to data, errors, defects,
viruses, delays in operation, or transmission, or any failure of
performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized
access to SpeakerMatch.com's records, programs or services. You
are solely responsible for maintaining and backing-up any
information regarding the operation or use of Your Personal Web
Page and other information You are
providing or using in connection with Your use of the
SpeakerMatch.com Network.
SpeakerMatch.com is not
liable for Your actions with Your customers or vendors, or the
use of their information, or for any other actions arising from
Your use, or the use of other parties to whom You have given
access to Your SpeakerMatch.com information, through the use of
the SpeakerMatch.com Network.
SpeakerMatch.com
is not involved in any transaction between You and Your buyer or
seller or other third parties with whom you may have
transactions through Your Personal Web Page or between You and any user
of any products or services offered or provided by You or by a
third party through the SpeakerMatch.com Network.
SpeakerMatch.com
is not responsible for screening, censoring or otherwise
controlling Your Personal Web Page, or any listings or transactions
offered or conducted via Your Personal Web Page. You are deemed to have a
direct commercial relationship with each third party that
purchases goods or services from or undertakes any other
transaction with You via Your Personal Web Page or through
SpeakerMatch.com. SpeakerMatch.com is not acting as Your or any third
party's agent in connection with the operation of
SpeakerMatch.com. You are solely responsible for: (a) processing
customer orders or other transactions; (b) verifying the
validity of incoming customer orders before finalizing the
order; (c) informing customers of the status of such orders or
transactions; (d) providing all customer support related to such
orders or transactions (e.g., lost orders, billing disputes,
payments, etc.); and, (e) determining, collecting and remitting
to the appropriate authority all taxes (if any) arising from or
related to such orders or transactions. Further, because
SpeakerMatch.com is not involved in any orders or other transactions
between You and other users of SpeakerMatch.com,
SpeakerMatch.com cannot and will not be
involved in resolving any disputes relating to any completed or
uncompleted transactions or the purchase or sale of listed goods
or otherwise.
Unless otherwise expressly
stated in these Terms of Service, Your payments for orders or
transactions conducted via Your Personal Web Page or on any
SpeakerMatch.com service will be paid to You directly from Your
designated acquiring bank, customers or other appropriate source
("payor"). SpeakerMatch.com is not responsible for such payment,
and will have no liability for any lost, disputed or fraudulent
payment or tenders of payment, or other disputes arising between
You and customers or payors. SpeakerMatch.com makes no guarantee
about the reliability or accuracy of these products or services,
or the results obtained from using SpeakerMatch.com.
INDEMNITY
You agree to defend, indemnify and hold
SpeakerMatch.com and its suppliers harmless from and against any
and all claims, losses, liability costs and expenses (including
but not limited to attorneys' fees) arising from Your violation
of these Terms of Service (including, without limitation,
violation of applicable Additional Terms), or any third-party's
rights, (including, without limitation, infringement of any
copyright, violation of any proprietary right and invasion of
any privacy rights). These obligations will survive any
termination of Your relationship with SpeakerMatch.com or Your
use of SpeakerMatch.com.
ACCESS RESTRICTION;
ACCOUNT SECURITY AND PASSWORDS
SpeakerMatch.com reserves the right to deny in
its sole discretion any user access to SpeakerMatch.com or any
portion thereof without notice.
You are
responsible for safeguarding the confidentiality of Your account
information (including password(s) and user name(s) issued to
You) and for any use or misuse of Your account or the
SpeakerMatch.com Network resulting from any third party using a password
or user name issued to You. You agree to notify SpeakerMatch.com
immediately of any known or suspected unauthorized access to or
use of Your account, Your password, the password of any
individual user to whom You have issued a login ID or any other
breach of security or misuse of the SpeakerMatch.com Network
known to or suspected by You. You may change Your password at
any time by following instructions on the SpeakerMatch.com Web
site.
You hereby authorize SpeakerMatch.com to
rely on any data, notice, instruction or request furnished by
You to SpeakerMatch.com, or that SpeakerMatch.com reasonably
believes to have been furnished by You. You are solely
responsible for maintaining the confidentiality of Your account
information and monitoring usage of Your account.
SpeakerMatch.com is not responsible for fraud of participants or of
other users of Your account.
YOUR CUSTOMER
DATA
SpeakerMatch.com will only use Your customer
data in accordance with the privacy policy available at
http://www.speakermatch.com/privacy.htm.
GENERAL
These Terms of Service and the Additional Terms
are governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Travis County, Texas, USA
in all disputes arising out of or relating to the use of the
SpeakerMatch.com Services or the SpeakerMatch.com Network. You
agree not to represent yourself to be a representative, agent,
or employee of SpeakerMatch.com and that SpeakerMatch.com will not
be liable by reason of any representation, act or omission to
act by you.
You agree that no joint venture,
partnership, employment, or agency relationship exists between
You and SpeakerMatch.com as a result of these Terms or Service or
use of SpeakerMatch.com.
SpeakerMatch.com's
performance of this agreement is subject to existing laws and
legal process, and nothing contained in these Terms of Service
are in derogation of SpeakerMatch.com's right to comply with
governmental, court and law enforcement requests or requirements
relating to Your use of the SpeakerMatch.com Network or
information provided to or gathered by SpeakerMatch.com with
respect to such use.
If any part of these
Terms of Service or the Additional Terms is determined to be
invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of these Terms of Service and the
Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the
Additional Terms and the Privacy Statement constitute the entire
agreement between the user and SpeakerMatch.com with respect to
the SpeakerMatch.com Network and they supersede all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and
SpeakerMatch.com with respect to the SpeakerMatch.com Network.
A printed version of these Terms of Service and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms
of Service to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. SpeakerMatch.com may: (1) generate
print copies of its electronic records and introduce them in
evidence as original documents; and (2) prove Your agreement or
consent in any manner, including without limitation, by showing
that a procedure existed by which You must have provided consent
or engaged in conduct to obtain the applicable services or
Products.
The example companies,
organizations, products, people and events depicted within
SpeakerMatch.com are fictitious. No association with any real
company, organizations, product, person or event is intended or
should be inferred.
SpeakerMatch.com is not
obligated to monitor the content on SpeakerMatch.com.
SpeakerMatch.com reserves the right to disclose any information,
content, or materials as necessary to satisfy any applicable
law, regulation, legal process or government request or in
accordance with SpeakerMatch.com's Privacy Statement located at
http://www.speakermatch.com/privacy.htm.
SpeakerMatch.com
reserves the right to edit, refuse to post or to remove any
information, content, or materials, in whole or in part, from
the SpeakerMatch.com Web sites, in SpeakerMatch.com's sole
discretion, without notice at any time.
Any
rights not expressly granted herein are reserved by
SpeakerMatch.com, including all legal and equitable remedies available
to SpeakerMatch.com or violation of any of these Terms of
Service.
Any rights not
expressly granted herein are reserved by SpeakerMatch.com.
FOR INFORMATION REGARDING THE
SpeakerMatch.com PRIVACY STATEMENT,
read the document located at http://www.speakermatch.com/privacy.htm.
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