Terms of Use

 

BY USING OUR WEBSITE OR APP (“Services”), YOU ARE AGREEING TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

 

Last Updated January 10, 2013

 

Speakaboos reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. We recommend that you check these Terms of Use periodically for changes. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes.

 

Ownership of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, proprietary Playback Engine and authoring tools (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on our Services is owned, controlled or licensed by or to Speakaboos, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Your license to use our Services is limited by these Terms of Use. All Content made available on our Services is the copyrighted work of Speakaboos and/or its licensors. Speakaboos hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use our Services solely for the purpose of viewing and using the applicable Content and for no other purpose whatsoever.

 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, any information, software, products or services obtained from our Services, without the express written consent of Speakaboos. You may not reverse engineer, decompile or disassemble any Content, including Speakaboos’ proprietary Playback Engine and authoring tool.

 

As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Use. You may not use our Services in any manner that could damage, disable, overburden, or impair any Speakaboos server, or the network(s) connected to any Speakaboos server, or interfere with any other party's use and enjoyment of our Services. You may not attempt to gain unauthorized access to the Content, other accounts, computer systems or networks connected to any Speakaboos server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Content.

 

Registration

We may require you to have a unique user name and password combination in order to use certain features and functions of the Site. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of the Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with Speakaboos, you agree to allow our staff to contact you at your personal email address about your activity on the Site.

 

Charges and Billing

Speakaboos will charge subscription fees to access the Service. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Unless otherwise indicated, subscriptions will automatically renew at the end of their term. Prices, fees, and promotional offers such as, but not limited to, the availability of “free stories”, are subject to change at any time.

 

Privacy Policy

Speakaboos’ Privacy Policy applies to the use of our Services and to information we may collect about you, and its terms are made a part of these Terms of Use by this reference.

 

Disclaimer

SPEAKABOOS DOES NOT PROMISE THAT OUR SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. OUR SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION AND CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SPEAKABOOS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SPEAKABOOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPEAKABOOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES. YOUR SOLE REMEDY AGAINST SPEAKABOOS FOR DISSATISFACTION WITH OUR SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

Limitation of Liability

Except where prohibited by law, in no event will Speakaboos be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Speakaboos has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Speakaboos is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Services or any Content, Speakaboos’ liability shall in no event exceed greater than the total of any subscription(s) paid in the six (6) months prior to the date of the initial claim made against Speakaboos. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnification

You agree to indemnify, defend and hold harmless Speakaboos, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives and third party providers to our Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Speakaboos reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Speakaboos in asserting any available defenses.

 

Dealings with Third Party Service Providers

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Speakaboos shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on our Services.

 

Third Party Hyperlinks

Speakaboos does not review or monitor any websites linked to the Site, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Speakaboos, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and Speakaboos does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Speakaboos is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Speakaboos nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Speakaboos will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.

 

Miscellaneous

These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through another website such as, but not limited to, Apple iTunes or Android Market.

 

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these Terms of Use or any other matters related to this Network shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against Speakaboos arising out of or related to use of our Services or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.