Simply Speaking, Inc.
TERMS OF SERVICE
Last updated April 21, 2009
These Terms of Service comprise a legal agreement between You and Simply Speaking, Inc., and govern Your use of SpeakerMatch.com services.
BY SUBSCRIBING TO THE SpeakerMatch.com SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms, do not subscribe to or use SpeakerMatch.com services.
SpeakerMatch.com is made up of Web pages operated by Simply Speaking, Inc. and its affiliates, and of various products and services which are provided by Simply Speaking, Inc., its affiliates or third party service providers. These Web pages, products and services will be collectively referred to in these Terms of Service as "SpeakerMatch.com" or the "SpeakerMatch.com Network." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your SpeakerMatch.com account. You must be at least eighteen (18) years of age to subscribe to and use any SpeakerMatch.com service.
The SpeakerMatch.com Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the SpeakerMatch.com Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. SpeakerMatch.com reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If SpeakerMatch.com makes a material change to the Terms of Service, SpeakerMatch.com will give You notice by email at the email address which You have provided for Your SpeakerMatch.com account thirty days before such change is scheduled to take effect. If You continue to use the SpeakerMatch.com Network after any such changes, Your continued use will constitute Your consent to such changes.
Any rights not expressly granted herein are reserved by SpeakerMatch.com. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.speakermatch.com/privacy/.
By subscribing to any service offered on the SpeakerMatch.com site, You make the following representations and warranties. SpeakerMatch.com shall have the right to terminate Your SpeakerMatch.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that You and all users of the SpeakerMatch.com Network approved by you are at least eighteen (18) years of age. You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the SpeakerMatch.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use the SpeakerMatch.com Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Personal Web Page are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Personal Web Page, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Personal Web Page. By using the SpeakerMatch.com Network, You agree that You will defend and indemnify SpeakerMatch.com and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
By using the SpeakerMatch.com Network, You agree that You will defend and indemnify SpeakerMatch.com and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE SpeakerMatch.com NETWORK
The SpeakerMatch.com Network is provided to assist You with the operation of Your speaking business. Your right to use the SpeakerMatch.com Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Personal Web Page and Your SpeakerMatch.com account. SpeakerMatch.com reserves the right, but is not obligated, to monitor or to review materials posted on Your Personal Web Page and to monitor Your compliance with these Terms of Service and the Additional Terms. SpeakerMatch.com reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the SpeakerMatch.com Network, except as expressly provided herein.
You may not use a name in connection with operating Your SpeakerMatch.com Personal Web Page that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in SpeakerMatch.com.
You may not interfere with or disrupt the SpeakerMatch.com Network or servers or any network connected to SpeakerMatch.com.
You may not use the SpeakerMatch.com Network or the products or services provided through or in connection with the SpeakerMatch.com Network to:
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.
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.
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
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.
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.
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/.
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.
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
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/. 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/.