PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.
We reserve the right to amend this Agreement at any time as provided in this Agreement. You may reject the changes by simply not using the Services or terminating your account, if applicable. Should you have any questions or concerns about this Agreement or would like to simply better understand how Company does things, please do not hesitate to contact us. If you do not agree with some or all of the provisions of this Agreement, do not use the Services.
1. Your Use of the Site and the Services
1.1 You may be required to subscribe and/or log in to use the Services. Through the subscription and log in process, you will be asked to provide information about yourself (such as name, address, email address and other contact details) as well as other basic information about your business and the name under which you do business. You agree that all information provided is done so at your own discretion and that you are not obligated to use the Services or provide any particular piece of information. You agree, however, that any information you give to us will always be accurate, correct and up to date. Company may reject any potential subscription for any reason at Company”™s sole discretion.
1.2 You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to subscribe. You also represent and warrant that you are authorized to act on behalf of the business that you are representing in subscribing to the Services. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the Services.
1.3 Certain topics and businesses are not eligible to participate in the Services. These include businesses and topics that discuss the following types of transactions:
- Tobacco, e-cigarette sales, or related items
- Weapons and munitions
- Sexually-oriented or pornographic products or services
- Marijuana dispensaries and related businesses such as “head” shops
- Door-to-door sales
- Age restricted products or services
- Bail Bonds
- Bankruptcy lawyers
- Check cashing, wire transfers or money orders
- Counterfeit products
- Firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection, or real estate purchases with no money down
- Illegal products or services as per the laws of any member state of the European Union, USA or the jurisdiction where You are resident or where you provide your services in
- Multi-level marketing or pyramid schemes
- Any product or service that infringes upon the copyright, trademark, or trade secrets of a third party
2. Your Obligations
2.1 You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
2.2 You agree not to access (or attempt to access) any of the Services by any means other than through the web site or our applications and, if required, through logging in with your user name and password as intended through your use of the Services. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).
2.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which may be connected to the Services).
2.4 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any portion thereof.
2.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Your Password and Account Security.
3.1 You agree and understand that you are responsible for maintaining the confidentiality of your login ID and any passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You must receive permission from the owner of the account to log in to the Services using another person’s account. You can change your password at any time.
3.2 If you become aware of any unauthorized use of your password or of your account, you agree to change your password to prevent further unauthorized access, and notify us immediately.
3.3 THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO US AND/OR THIRD PARTIES. NEITHER US NOR ANY OF OUR OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
3.4 We may, without notice, suspend or cancel your account at any time and for any reason including without limitation, if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent manner.
4.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “Content” and includes, but is not limited to, Content that you Post to your speaker profile or through our message boards, blogs or other messaging/communication system. "Post", “Posted” or “Posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Services.
4.2 You should be aware that some Content presented to you may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that you do not own or have permission to use and/or modify. Additionally, Content you Post could be seen by the general public. You should not Post any information that you do not want the general public to know including, without limitation, personally identifiable information.
4.3 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
4.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. We may remove or edit any Content at any time and for any reason and/or ban users from the Site at any time and for any reason.
4.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you Post while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
4.6 When i) using the Services as a speaker; or ii) using the Services as an individual or entity looking for the services of a speaker or contacting a speaker; or iii) using the forum, bulletin boards, messaging system or other method of communication; or iv) using the Site and/or Services in any other way; you represent and warrant that you will not:
- Discriminate against, defame, abuse, harass, sexually harass or threaten others
- SPAM other members by sending them commercial messages unrelated to the services the Speaker offers
- Knowingly Post fraudulent material, stories or misrepresent yourself in any way
- Make any bigoted, hateful, or racially or sexually offensive statements
- Advocate illegal activity or discuss illegal activities with the intent to commit them
- Post, link to or distribute any material that infringes and/or violates any right of a third party or any law
- Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images
- Post, link to or distribute any software or other materials that contain a virus or other harmful component
- Post or distribute material that exploits children
- Post Content that is copyrighted and claim it as your own
- Post any Content that you do not own or have the right to Post
- Register for more than one user account without our written permission
- Register for a user account that is not in your name
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
- Post Content that is considered to be extremist such as pseudo-science or conspiracy theories
4.7 We are not responsible for the content or accuracy of any information Posted by users, and shall not be responsible for any transactions, whether paid or unpaid, made based on such information.
4.8 All illegal activities will be reported to appropriate authorities and will result in termination of your account.
4.9 Speakers are responsible for Posting their own Content. In addition to the other obligations in this Agreement, as a speaker, you agree that all Content that you post is truthful. You may not Post anything to create an impression that you know is incorrect, misleading, or deceptive. All Content you post must comply with all applicable laws rules and regulations and be owned by you or you have the right to Post it.
4.10 You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all Content that you Post. You hereby grant to Company a worldwide, perpetual, fully paid license, to use all Content provided by you for the purposes of hosting such Content as part of the Services.
4.11 You may not distribute, transmit, copy, download or otherwise make available any Content or other material from the Site, including any text, sound or images, for public or commercial or any other use, without the prior written permission of the Company. You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any Content or other material contained on the Site without our prior written permission.
5. Speakers and Users Hiring Speakers
5.1 You specifically acknowledge and agree that Company is only a conduit that allows for individuals and businesses to browse and hire Speakers for their events. Company takes no responsibility and assumes no liability for any actions, non-actions, speeches or content attributable to the speaker. AS A SPEAKER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF AND PERFORMANCE OF YOUR SPEECH. AS A SPEAKER OR AS A USER HIRING A SPEAKER, YOU AGREE THAT COMPANY HAS NO LIABILITY OR OBLIGATION TO YOU REGARDING THE QUALITY OF A SPEAKERS SPEECH OR THE PERFORMANCE OR NON-PERFORMANCE OF A SPEECH. Users and speakers will work directly together regarding any disputes, issues or disagreements related to the Services. Company is not responsible, and has no obligation, to mediate or otherwise intercede in any such disagreement. Company may, but is not obligated to, forward to you any complaints or concerns it receives.
6. Company Services
6.1 The Services are designed to help Speakers, and individuals or businesses looking to hire Speakers, connect. To that end, Company provides online software (“Software”) to enable you to use the Service. The Software may provide a variety of ways to help Speakers and interested users connect. It is your responsibility to use the Software in compliance with these Agreement.
6.2 Company hereby grants you a limited, restricted license to use the Software solely in connection with the Services. You may not use the Software for any other purpose. You may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer or allow access to the Software to any third party or use the Software for the benefit of or to provide similar services for any third party; (iii) make any copies of the Software; or (v) delete the copyright and other proprietary rights or notices on the Software.
6.3 Company makes no representations that the Service is appropriate or available for use in all locations. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including, but not limited to, privacy and export and import regulations.
7. Termination and Suspension
7.1 Either party can terminate this Agreement at any time and for any reason including its own convenience. Termination does not relieve you of your obligations as defined in this Agreement. You may also choose to suspend your account by making it “hidden” from the public, without terminating the Agreement altogether. For accounts that are suspended for a continuous period of 6 months, however, Company may choose, at its sole discretion, to terminate the Agreement and proceed as per Section 7.2 below.
7.2 Upon termination for any reason, Company may, but is not obligated to, delete all of your information and the Content you Posted. Company shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or other Content. You will lose access to your account upon termination and any data or other Content may not be able to be recovered once your account is terminated and the Content and/or other data is deleted. Re-subscribing at a later date will NOT result in the Content and/or data being restored.
7.3 There is no refund for terminations or portion of unused periods of time previously paid for unless Company terminates your account for reasons other than as set forth below in Section 7.4.
7.4 Company may terminate or restrict your use of the Service, without any refund or other compensation or notice if you are, or if Company suspects that you are: (i) in violation of any term of this Agreement, especially, but not limited to, Sections 1.3 and 4.6 of this Agreement; or (ii) engaged in illegal or improper use of the Service.
7.5 Other than as stated herein and on the Service’s pricing page, PAYMENTS ARE NONREFUNDABLE. Refunds may nevertheless be granted at the sole discretion of the Company.
8. Packages & Pricing
8.1 Information regarding the different subscription packages that may be available are posted on the Company website. Subscription offerings and pricing is subject to change at any time at Company’s discretion. Taxes, as required by law, are in addition to all prices listed, unless otherwise indicated on the website.
8.2 Company may add new features for additional fees, or amend the fees for existing Services, at any time at its sole discretion.
8.3 Company may offer you free upgrades to its premium packages for a limited period of time (e.g. 1 month, 6 months or 1 year) as part of its launch strategy or marketing campaigns. Company will inform you before the expiry of such upgrade period about downgrading the account or the possibility to keep the premium package for payment as indicated on the website. Company shall not be liable to keep the free premium package beyond the period offered in the promotional campaign.
8.4 You represent and warrant that you are the rightful owner of, or are authorized to use, the credit card utilized in connection with any transaction and you authorize Company to charge the credit card for all Services. Company does not keep credit card information on Company’s servers. Company uses or may use PayPal, Stripe or Realex for credit card processing. Their terms and conditions are located at the above links. Company declines all responsibility related to credit card processing and data as that is the sole responsibility of the above providers as per their own terms and conditions.
8.5 Company will provide a seven (7) business day grace period to bring your account up to date if payments fail or are rejected before suspending your account or making it hidden from the public.
COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT: I) THAT THE CONTENT (WHETHER POSTED OR STATED BY US, SPEAKER OR ANYONE ELSE) IS ACCURATE, RELIABLE OR CORRECT; or II) THAT THE SITE, SERVICES OR SPEAKERS WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; or V) THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees). This indemnity clause does not apply until any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) are proven in a court of law.
12.1 You agree to allow Company to list your business as a Speaker or Speaker Bureau or Agency or Organizer, including, but not limited to, listing your name, photo and/or the name of your business, and/or any other information you made publicly available on your Speaker profile, to be displayed on Company’s web site, and/or if your Speaker profile is associated with an organization that uses the Company's White-Label Service, on the White-Label partner's website, unless you opt out by sending an email request to that effect. Unless you opt out via your Speaker profile's settings or by an email request, Company can use the above content in its advertising material and promotional messages through its partners and 3rd parties.
12.2 If You are given or otherwise have access to consumers names, IP address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by this Agreement. You agree to abide by all laws including, but not limited to, all privacy laws.
13. Relationship of the Parties
The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between speakers or users and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of Company. Company is free to assign this Agreement to any third party.
15. Governing Law; Consent to Jurisdiction
Unless otherwise agreed to in writing by both You and the Company: (a) this Agreement shall be governed by and construed in accordance with the laws of Belgium and (b) the parties submit to the exclusive jurisdiction of the courts in Brussels, Belgium with respect to any matter arising out of or relating to this Agreement.
In the event a dispute arises between the parties which they have been unable to resolve among themselves, the Parties agree to participate in a mediation. If you are based in the US or your business is governed by US law, the mediation will be conducted in accordance with the mediation procedures of the American Arbitration Association’s International Centre for Dispute Resolution (“ICDR”). The parties agree to share the costs of such mediation. If mediation fails to resolve the dispute, the parties agree that the dispute may be submitted to final arbitration upon written request of one Party served on the other. Judgment on the arbitrator's award may be entered by any court of competent jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Miscellaneous Terms
16.1 Severability. If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in that or any other jurisdiction.
16.2 Section Headings. The section headings and numbering of this Agreement are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
16.3 No Waiver. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
16.4 Entire Agreement. This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all representations and discussions between the parties.