Terms of Service
Terms of Service OverviewBelow is an overview of our Terms of Service for our “Website”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service include information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.Your Relationship with SpeakMeeters
By using our Website, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and SpeakMeeters.If you break the rules, we may suspend or terminate your account.We charge for certain aspects of our Website, and some of these fees are billed on a regular and recurring basis (unless you cancel your subscription).SpeakMeeters Members
Using our Website involves meeting people online or in real-life and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.Your Content and Content of OthersYou are responsible for your “Content”, which means any information, material, or other content posted to our Website. Your Content must comply with our Terms of Service, which includes the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. Your Content is also subject to our Intellectual Property Dispute Policies.We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect SpeakMeeters and our Website for the benefit of you and others.We are not responsible for Content that members post or the communications that members send using our Website. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
Our WebsiteWe try hard to make sure that our Website is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.We are continually improving our Website. This means that we may modify or discontinue portions of our Website.By using our Website, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. Unless you are based in the European Union, you agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.You may be based in a country where the laws that apply to provide for different or additional rights and obligations. These Terms of Service will point out areas of difference.Terms of Service
1. This Agreement1.1 The Agreement. SpeakMeeters enables you and other members to arrange offline, real-world SpeakMeeters groups and SpeakMeeters events. The terms “SpeakMeeters,” “we,” “us,” and “our” include SpeakMeeters, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Website, and any organization or person using the Website on an organization’s behalf. We use the word “Website” to mean any website, application, or service offered by SpeakMeeters, including content we offer and electronic communications we send. We provide our Website to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. Your use of the Website signifies that you agree to this Agreement. If you are using the Website for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Website.
1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the down of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by emailing you or displaying a prominent notice on our Website. By continuing to use the Website after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.
2. Your Account and Membership
2.1 Eligibility. Our Website is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Website may be set by any member who has the ability to moderate or manage that portion of our Website. For example, the eligibility requirements for SpeakMeeters event may be set by the organizers of that group.
2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Website if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the SpeakMeeters community, or to protect our brand or Website. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email moc.sreteemkaeps%40ycilop if you believe the modification, suspension, or termination has occurred in error.A member who has the ability to moderate or manage a particular portion of our Website also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Website.
2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at .moc.sreteemkaeps%40esuba
2.4 License to the SpeakMeeters Website and Services. Subject to your compliance with this Agreement, SpeakMeeters grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Website in order to access and use the services and features that we make available to you.
3. Fees, Payments, and Offers
3.1 Fees Charged by SpeakMeeters. Use of some features on our Website is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Website. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Website or emailing you. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in Euro. Subscriptions are non-transferable. Members based in the European Union may cancel their Premium subscription with a full refund within seven days after signing up to our Website. However, if you use the service, you may be charged for services provided during this seven-day period. Please note that this seven-day period begins after payment even if you are using a free trial. Users based in the European Union can exercise their cancellation right by emailing us at .moc.sreteemkaeps%40olleh
3.2 Payments to SpeakMeeters. Users who want to take advantage of the services provided on SpeakMeeters Website have the option to register for a paid membership.You represent and warrant that you are authorized to use the payment method you designate via the Website. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to SpeakMeeters, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds, in accordance with our Payment Policies.
3.3 Automatic Subscription Renewals. Fees for certain aspects of our Website may be billed on either a recurring basis. Billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Website with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Website for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you).
3.4 Invoices from Third Parties. In line with the tax laws of the country where an organizer is using the Website, a member may receive SpeakMeeters invoices from a third party provider. Such third party provider invoicing does not in any way impact the rights and obligations agreed to in this Agreement, nor does it impact the fee being charged for the use of the Website.
3.5 Cancellation. To cancel the subscription, the user must cancel subscription via the application, by clicking on profile-parameters-membership.. He will receive an email. It will take effect when the email is received by the user. No refund will be made for any subscriptions if the cancellation is after the automatic renewal. No refund for any group or duo packages purchased.
4. Your Content and Privacy
5. Your Use of Our Website
5.1 Our Policies, Guidelines and Applicable Laws. When you use our Website, we require that you follow the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.In addition, your access to and use of some areas or features of the Website may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Website areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Website area or feature, unless otherwise specified in the Additional Terms.When the Website uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Website feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Website, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.If you do not comply, we may modify, suspend, or terminate your account or access to the Website, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email moc.sreteemkaeps%40ycilop if you believe the modification, suspension, or termination has occurred in error.
5.2 Content of Others. SpeakMeeters does not control the Content of other members. When we become aware of inappropriate Content on our Website, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
5.3 Interactions with Others. SpeakMeeters is not a party to any offline arrangements made through our Website. SpeakMeeters does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. SpeakMeeters makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
5.4 Prohibited Uses of the Website. Our Website contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Website, or any portion of the Website; (b) remove or alter the proprietary notices on the Website; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Website; and (d) rent, lease, resell, distribute, or use the Website for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Website to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. If you are a developer working with our API, you should review our API License Terms.
5.5 Website Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Website for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Website or its systems.You agree to use, retain, and otherwise process personal data collected from the Website in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in SpeakMeeters groups and SpeakMeeters events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a SpeakMeeters group or SpeakMeeters event or promptly following a request from SpeakMeeters, and you will promptly certify to such deletion.
5.6 Website Modifications. We work hard to continuously improve our Website. This means that we may modify or discontinue portions or all of our Website with or without notice and without liability to you or any third party.
5.7 Third Party Sites and Services. The Website contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Website.
6. ReleaseTo the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“SpeakMeeters Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a SpeakMeeters group or a SpeakMeeters event. You also agree, to the full extent permitted by applicable law, to release organizers from claims based on an organizer’s negligence arising out of or in any way connected with their Content or a SpeakMeeters event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.You acknowledge that some SpeakMeeters events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
7. IndemnificationTo the full extent permitted by applicable law, you agree to indemnify, defend and hold all SpeakMeeters Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Website, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a SpeakMeeters group or a SpeakMeeters event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all SpeakMeeters Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
8. Warranty Disclaimer and Limitation of Liability
8.1 Warranty Disclaimer. Our Website is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Website, (b) any information, advice, services, or goods obtained through or advertised on our Website or by us, as well as for any information or advice received through any links to other websites or resources provided through our Website, (c) the results that may be obtained from the Website, and (d) the correction of any errors on the Website, (e) any material or data obtained through the use of our Website, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Website. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.
8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any SpeakMeeters Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any SpeakMeeters Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Website or this Agreement or the inability to use our Website (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Website, (c) your use of our Website or transportation to or from SpeakMeeters events, attendance at SpeakMeeters events, participation in or exclusion from SpeakMeeters groups or SpeakMeeters events and the actions of you or others at SpeakMeeters events, or (d) any other matter relating to the Website. Our liability to you or any third parties in any circumstance is limited to the greater of €100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.
9. Dispute Resolution
9.1 Informal Resolution. Before making any claim, you and SpeakMeeters agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Website or this Agreement, including your participation in SpeakMeeters events. You or SpeakMeeters may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or SpeakMeeters may bring a claim in accordance with this Section 9. Members based in the European Union may have additional or different rights, as provided by applicable law.
9.2 Arbitration Agreement. The arbitration procedures described in this Section 9.2 applies to all members, except for members who are based in the European Union. Section 9.6 sets out the dispute resolution procedures that apply to members who are based in the European Union.a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc., or its successor (“JAMS”) for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and SpeakMeeters are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with SpeakMeeters.b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.c. Arbitration Procedures. Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) that are in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in New York County, New York or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
9.3 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at moc.sreteempirt%40tuo-tpo-noitartibra within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your SpeakMeeters account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).
9.4 Class Action Waiver. You agree to resolve disputes with SpeakMeeters on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
9.5 Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against SpeakMeeters in your Member State and to invoke certain local laws against SpeakMeeters. The European Commission provides for an online dispute resolution Website.
10. Intellectual Property
10.1 Intellectual Property of SpeakMeeters. SpeakMeeters trademarks, logos, service marks, and service names are the intellectual property of SpeakMeeters. Our Trademark Usage Guidelines explain how you may and may not use them. Our Website, including our material on the Website, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines, you agree not to use our intellectual property without our prior written consent.
10.2 Intellectual Property of Others. SpeakMeeters respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Website to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.
Last update: 2020-10-15