Our mission at Speakerfile is to be the global source for thought leaders. Our platform provides a new way to discover, evaluate and connect with the right experts and events.
We work to fulfill this mission by helping you and others interact in a professional network built on trust and safety.
Being part of Speakerfile means sharing information about yourself with other professionals, communicating with them, as well as working privately on your own. The amount and type of information you and your organization decide to share, and with whom you share it, is up to you.
Here are the three main types of information on Speakerfile:
Information about yourself that you share: This is the information that other parties on Speakerfile as well as your specific connections, see about you. This includes your profile and your contributions to any discussion groups blogs or other community features Speakerfile may offer. You have control over what you share, and you can update information at any time.
Communication. We help you communicate with other professionals. You decide how much or how little you wish to communicate to other individuals and organizations who use Speakerfile.
Private activity. We will also provide tools that you can use privately on Speakerfile (for example, searching, or adding notes to your connections and booking information.) These actions and information are private and we will not share or distribute them to others on the website.
Of course, maintaining your trust is our top concern, so we adhere to the following principles to protect your privacy:
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. By continuing to use the Speakerfile service after notice of changes has been sent to you or published on the Speakerfile website, you are consenting to the changes.
1. Personal information collected
We collect information:
2. Uses of personal information
We use the information you provide to:
We do not sell, rent, or otherwise provide your personal identifiable information to any third parties for marketing purposes. We also provide you with the means to control whether or not your contact information is viewable to other Users through your profile.
Please note that in order to deliver certain services (for example, Speakerfile Premium Services), we may share information with third parties. For example, to process subscription payments made by you or your organization, we share some of this information with the payment processing company we use.
3. Your information choices
You can:
4. Cookies
Like most websites, we use cookies and web log files to track site usage and trends, to improve the quality of our service, to customize your experience on Speakerfile, as well as to deliver third-party advertising to Users both on and off the Speakerfile site. A cookie is a tiny data file that resides on your computer, mobile phone, or other device, and allows us to recognize you as a User when you return to the Speakerfile website using the same computer and web browser. Speakerfile does not store unencrypted personally identifiable information in cookies. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use Speakerfile. One type of cookie, known as a "persistent" cookie, is set once you've logged in to your Speakerfile account. The next time you visit the Speakerfile website, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the Services. In order to access or change any of your private information (like a credit card number) or to send a message to another User, however, you must log in securely again with your password even if your computer contains your persistent cookie. Another type of cookie, called a "session" cookie, is used to identify a particular visit to the Speakerfile website. Session cookies expire after a short time or when you close your web browser.
In the course of serving advertisements or optimizing the Services to our Users, we may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through cookies will not be personally identifiable but may provide general segment information (e.g., your industry category or geography or information about your professional background) for greater customization of your user experience. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.
5. Your obligations
As a User, you have certain obligations to other Users. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace in online communities such as Speakerfile:
Any violation of these guidelines may lead to the restriction, suspension or termination of your account at the sole discretion of Speakerfile.
6. Security
In order to help secure your personal information, access to your data on Speakerfile is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Speakerfile website. To protect any data you store on our servers, Speakerfile also regularly audits its system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant warrant the security of any information you transmit to Speakerfile. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Users of Speakerfile may not be encrypted, and we strongly advise you not to communicate any confidential information through these means.
7. Other important information
Children and minors
Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
Jurisdiction
Please note that by becoming a User, you have given us your express and informed consent to transfer the data that you provide to us and to process it on our servers in the United States and Canada. SpeakerFile Inc. subscribes to the privacy principles set out in the Government of Canada's Personal Information Protection and Electronic Documents Act.
Changes to this privacy policy
We may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way we treat your personally identifiable information, or in the Privacy Policy document itself, we will display a notice on the Speakerfile website or send you an email, as provided for above. Unless stated otherwise, our current Privacy Policy applies to all information that Speakerfile has about you and your account. Using the Speakerfile Services after a notice of changes has been sent to you or published on our site shall constitute consent to the changed terms or practices.
How to contact us
If you have questions or comments about this Privacy Policy, please email us at privacy@speakerfile.com. Attn: Legal Department, Privacy Policy
The following terms and conditions govern all use of the Speakerfile™ service and all content, services and products. You agree that by registering on Speakerfile, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Speakerfile services (collectively “Speakerfile” or the “Services”), you are entering into a legally binding agreement with Speakerfile Inc. based on the terms of this Speakerfile User Agreement and the Speakerfile Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Speakerfile user (“User”). If you are using Speakerfile on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Speakerfile User, do not conclude the Agreement, do NOT click “Sign-up with Speakerfile” and do not access, view, download or otherwise use any Speakerfile webpage, information or services. By completing the sign-up process you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By completing the sign-up process you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the Speakerfile User Agreement and Privacy Policy are also collectively referred to as Speakerfile’s “Terms of Service.”
Applicable laws and this Agreement You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: You own the information you provide Speakerfile under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. If you delete information, Speakerfile will use reasonable efforts to remove it from your profile, but you acknowledge that caching or references to this information may not be made immediately unavailable. By submitting information to us for inclusion on your profile, you grant Speakerfile a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. You also represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Speakerfile profile information accurate and updated.
User Account Registration In order to access certain features of the Speakerfile site and application, and to connect with other users you must register to create an account. We will create your Speakerfile account and your Speakerfile account profile for your use of the site and application based upon the information you provide to us. You may not have more than one (1) active Speakerfile Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Speakerfile reserves the right to suspend or terminate your Speakerfile account and your access to the site, application and other services if you create more than one (1) Speakerfile Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
User Profile Information While Speakerfile requires users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity or reputation. You are responsible for determining the identity and suitability of users or others who you contact via the Speakerfile service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. User profiles may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. User profiles may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Speakerfile disclaims any responsibility for any harm resulting from the use by visitors of user profiles, or from any downloading by those visitors of any content posted. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Speakerfile site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Speakerfile with respect to such actions or omissions.
Interactions With Other Users SPEAKERFILE IS NOT A SPEAKERS BUREAU. Speakerfile acts as an information service for event organizers and speakers and charges subscription fees for premium listings on its online site. Speakerfile does not act as an agent to schedule speakers, negotiate speaker fees, nor does it collect any fees related to speaker appearances or product sales. Any fees displayed in speaker listings on the site are guidelines provided by the speaker or their representative. Speakerfile accepts no responsibility for the accuracy of these fees. As a Speakerfile user, if you are an event organizer you may create sessions with individual speaking opportunities for upcoming speaking events. You will be asked a variety of questions about the event to be listed, including, but not limited to, the speaking engagement type, session location, audience size, financial terms and other related rules. In order to be featured in Speakerfile, all events must have valid information. This information will be made publicly available via the Speakerfile site. Other users (speakers) will be able
to respond to your event listing. You acknowledge and agree that you are solely responsible for any and all information you post. Accordingly, you represent and warrant that any information you post and the booking of any speaker you book will not breach any agreements you have entered into with any speaker bureaus, sponsors or other third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply and; b) not conflict with the rights of third parties. Any agreement you enter into with another user is between you and the other user and Speakerfile is not a party thereto. Speakerfile makes certain tools and information available to its users to help them make informed decisions about which users they choose to communicate and connect with. Users of the Speakerfile service, not Speakerfile, are solely responsible for honoring any confirmed bookings. Financial or other consequences resulting from a failure of either an event organizer, organization or individual speaker to honor a booked speaking engagement is the responsibility of the speaker and event organizer. If you, as a user of the Speakerfile service, choose to enter into an agreement or transaction with another user of the service, you understand and agree to accept any terms, conditions, rules and restrictions associated with such arrangement with the other user. Speakerfile does not the vouch for the abilities of an individual speaker or the quality of an event or session. You acknowledge and agree that you, and not Speakerfile, will be responsible for performing the obligations of any such agreements, and Speakerfile is not a party to such agreements and disclaims all liability arising from or related to any such agreements. Speakerfile reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if Speakerfile determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Content Posted on Other Profiles We have not reviewed, and cannot review, all of the material, including computer software, made available through the profiles and web pages to which Speakerfile links, and that link to Speakerfile. Speakerfile does not have any control over those non-Speakerfile profiles and web pages, and is not responsible for their contents or their use. By linking to a non- Speakerfile profile or webpage, Speakerfile does not represent or imply that it endorses such profile or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Speakerfile disclaims any responsibility for any harm resulting from your use of non-Speakerfile profiles and web pages.
Username Conflicts Provisioning of usernames is at the sole discretion of Speakerfile. Speakerfile does not permit the practice of deliberately claiming a recognizable name that does not belong to the claimant (ie. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, Speakerfile is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a notable professional, celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, Speakerfile reserves the right to suspend or delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant. You must not describe or assign keywords or tags to your Speakerfile profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Speakerfile may change or remove any description, keyword or tag that it considers inappropriate or unlawful, or otherwise likely to cause Speakerfile liability.
Copyright Policy If you believe that material located on or linked to by Speakerfile violates your copyright, you are encouraged to notify Speakerfile at support@speakerfile.com Speakerfile will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Speakerfile or others, Speakerfile may, in its discretion, terminate or deny access to and use of the Profile. In the case of such termination, Speakerfile will have no obligation to provide a refund of any amounts previously paid to Speakerfile. Our copyright policy and procedures can be found here: Insert Link to Copyright Policy
Service Eligibility To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Speakerfile account, (3) are not a competitor of Speakerfile or are not using the Services for reasons that are in competition with Speakerfile; (4) will only maintain one Speakerfile account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Speakerfile, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and Internet access necessary to use the Services.
Sign-In Credentials You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; and (4) refrain from selling, trading, or otherwise transferring your Speakerfile account to another party. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Speakerfile’s customer service site.
Indemnification You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any booked speaking events you initiate through the Speakerfile service and (4) any additional activity in which you engage on or through Speakerfile.
Fees and Payment Optional premium paid services are available on Speakerfile. By selecting a premium service you or your organization agrees to pay Speakerfile the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable. If you purchase any services that we offer for a fee, either on a one- time or subscription basis (“Premium Services”), you agree to Speakerfile storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Speakerfile’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Services Fees Payment Speakerfile reserves the right to change the payment terms and fees for its services upon thirty (30) days prior written notice to you. You at can cancel premium services anytime on 30 days written notice to Speakerfile.
Support Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email (with reasonable efforts by Speakerfile to respond) concerning the use of the Services. Speakerfile reserves the right to provide priority support services for premium paid customers that takes priority over support for users of the standard, free Speakerfile profile services.
Notify Us of Acts Contrary to the Agreement If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Service Messages For purposes of service messages and notices about the Services to you, Speakerfile may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Speakerfile to an email address associated with your account, even if we have other contact information. You also agree that Speakerfile may communicate with you through your Speakerfile account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Speakerfile account or services associated with Speakerfile. Please review your Settings to control what kind of messages you receive from Speakerfile. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Privacy You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
Contributions to Speakerfile By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Speakerfile through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Speakerfile is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Speakerfile shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Speakerfile may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Speakerfile all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Speakerfile under any circumstances.
YOUR RIGHTS On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Speakerfile or its Users), view information and use the Services that we provide on Speakerfile web pages and in accordance with this Agreement. Any other use of Speakerfile contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Speakerfile commercially unless expressly authorized by Speakerfile) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Speakerfile and all related items, including any and all copies made of the Speakerfile website.
Services Availability For as long as Speakerfile continues to offer the Services, Speakerfile shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Speakerfile as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Speakerfile, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Speakerfile further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Speakerfile to be contrary to this Agreement. For avoidance of doubt, Speakerfile has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. From time to time, Speakerfile will be required to be offline for scheduled updates and feature enhancements.
Third Party Sites and Developers Speakerfile may include links to third party web sites (“Third Party Sites”) on www.Speakerfile.com, developer.Speakerfile.com, and elsewhere. Speakerfile may enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Speakerfile through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Speakerfile is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Speakerfile also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your Speakerfile account, that application or website can access information on Speakerfile related to you and your connections.
Disclosure of User Information You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Speakerfile, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.
DISCLAIMER SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SPEAKERFILE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SPEAKERFILE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPEAKERFILE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SPEAKERFILE OR ANYTHING RELATED TO SPEAKERFILE, YOU MAY CLOSE YOUR SPEAKERFILE ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SPEAKERFILE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES, TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH SPEAKERFILE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SPEAKERFILE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS OR ORGANIZATIONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SPEAKERFILE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
SERVICE INTERRUPTION SPEAKERFILE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SPEAKERFILE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SPEAKERFILE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SPEAKERFILE SITE DUE TO INAPPROPRIATE
EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CUSTOMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Speakerfile nor any of its affiliated companies, employees, shareholders, or directors (“Speakerfile Affiliates”) shall be cumulatively liable for (a) any damages; or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Speakerfile. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: a) Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and b) Not apply to any damage that Speakerfile may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement; c) Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
Mutual rights of termination You may terminate this Agreement, for any or no reason, at any time, with notice to Speakerfile. This notice will be effective upon Speakerfile processing your notice. Speakerfile may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Speakerfile or the party paying for the services may terminate your access to any Premium Services. Termination of your Speakerfile account includes disabling your access to Speakerfile and may also bar you from any future use of Speakerfile.
Misuse of the Services Speakerfile may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the Speakerfile messaging services; creating multiple or false profiles; using the Services commercially without Speakerfile’s authorization, infringing any intellectual property rights, or any other behavior that Speakerfile, in its sole discretion, deems contrary to its purpose.
Effect of Termination Upon the termination of your Speakerfile account, you lose access to the Services.
GENERAL TERMS
Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Language Where Speakerfile has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Speakerfile.
Notices and Service of Process We may notify you via postings on www.Speakerfile.com. You may contact us here. Or via mail or courier at: Speakerfile Inc., Atten: Legal Dept., 2 College St., Suite 208, Toronto, Ontario, Canada. Additionally, Speakerfile accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Speakerfile services, third-party content or third party software.
Amendments to this Agreement We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Speakerfile.com or notifying you otherwise. For example, Speakerfile presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time.
No informal waivers, agreements or representations Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Speakerfile Affiliate shall be deemed legally binding on any Speakerfile Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Speakerfile.
No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, effective upon notice to you, Speakerfile Inc. for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here.
SPEAKERFILE USER OBLIGATIONS
As a condition to access Speakerfile, you agree to this User Agreement and to strictly observe the following
OBLIGATIONS: Do undertake the following: Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary; Review and comply with our Privacy Policy; Review and comply with notices sent by Speakerfile concerning the Services; and Use the Services in a professional manner.
Do not undertake the following: