By using our service, you agree to form a binding contract with SpeakUp4 and are not a person barred from receiving services under the laws of the applicable jurisdiction. You must be at least 18 years old to be a Registered User on the platform (although public viewing of any age is possible). If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Please take note of the permission settings on your content, and your responsibilities when 'publishing'.
Public: Content published to Public can be seen by anyone on the web, and is Search Engine Optimized (SEO). We expect our users to think of this as a television channel - or "Uniquely Pervasive" as the Supreme Court says. Keep content and comments 'G' to 'PG' (no excessive foul language, no nudity)
Platform: Content published to SpeakUp4 can only be seen by other SU4 account holders. Therefore, this is an 18+ space - content and comment rules are a more flexible, but must be kept to an R rating or lower (no excessive/offensive nudity or violence).
Collaborative: Content that you publish between friends is also 18+; however if you engage in constitutionally bad behavior and your friends report it, we will have to take action. For this level, we recommend an R rating or lower (no excessive/offensive nudity or violence).
Private: Content you set to Private can only be seen by you, unless requested by a lawful legal order.
Please Note: Although content is private, you are still responsible, and can be found liable for, constitutional and/or criminal violations. For example, if a party not bound by this contract accesses your account, because your password is too simple or you leave your browser logged on.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
It is also your responsibility to report any content you believe is violating your legal rights. Once content is reported, we will take one of several steps, after legal team review:
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
SpeakUp4 respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent at:SpeakUp4, Inc.
You retain your rights to any Content you submit, post or display on or through the Services. What's yours is yours - you own your Content (and your photos and videos are part of the Content).
Public content and comments: you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license also authorizes us to make your Public Content available to the rest of the world and to let others do the same.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Please review the SpeakUp4: Rules, which are part of the User Agreement and outline your rights and responsibilities in plain language.
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Services may change at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SpeakUp4's computer systems, or the technical delivery systems of SpeakUp4's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SpeakUp4 (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SpeakUp4 (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SpeakUp4, its users and the public.
SpeakUp4 does not disclose personally-identifying information to third parties.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to do so.
We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
SpeakUp4 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SpeakUp4, in the manner permitted by these Terms.
Copyright, trademark, and other laws of the United States, as well as, applicable foreign law protect the Services. Nothing in the Terms gives you a right to use the SpeakUp4 name or any of the SpeakUp4 trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SpeakUp4 and its licensors.
You may end your legal agreement with SpeakUp4 at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for cause, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the SpeakUp4 Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.
The "SpeakUp4 Entities" refers to SpeakUp4, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SPEAKUP4 ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The SpeakUp4 Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the SpeakUp4 Entities or through the Services, will create any warranty or representation not expressly made herein.
To the maximum extent permitted by applicable law, Speakup4 entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content. In no event shall the aggregate liability of Speakup4 entities exceed the greater of one hundred U.S. Dollars (U.S. $100.00) or the amount you paid Speakup4, if any, in the past six months for the services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Speakup4 entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Delaware, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and SpeakUp4. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Delaware, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. SpeakUp4's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and SpeakUp4, Inc., a Delaware Corporation. If you have any questions about these Terms, please contact us.
Effective: April 30, 2018