Last Updated: [_17th December__]
Welcome to the Speakiesy experience. This website (“Site”) and mobile application (“Mobile App”), (collectively, the “Platform”) are owned or managed by MOKO Social Media Ltd. (“MOKO”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented on screen or otherwise in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control with respect to the particular services that they address.
QUICK CONTENT GUIDE
Privacy and Protection of Personal Information
Mobile Devices and Other Equipment
Disclaimer of Warranties
Limitations on Liability
Modification/Termination of the Services
Software And Downloads Available Through the Services
User Code of Conduct
Interactive Services and User Materials
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
International Use/U.S. Export Controls
Changes to this Agreement
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
MOBILE DEVICES AND OTHER EQUIPMENT
Through use of the Mobile App, or by other means available through the Services, you may be able to: (a) upload content to the Site via your Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services, and you will be responsible for any video players or similar devices necessary to use the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Mobile App or the Site’s operations. Any equipment or software causing interference will be immediately disconnected from the Services, and MOKO may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.
If you register for an account to use the Services, you must complete the registration process specified on the Site or through the Mobile App by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify MOKO immediately of any unauthorized use of your account. MOKO is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
You may cancel your account at any time by notifying Customer Service at [email protected]
DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. MOKO AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE, THE MOBILE APP AND THEIR CONTENTS (THE “MOKO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MOKO PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MOKO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE MOKO PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
MOKO IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MOKO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS ON LIABILITY
In no event shall the MOKO Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials, User Submissions or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if MOKO has been advised of the possibility of damages.
You agree to defend, indemnify and hold harmless the MOKO Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with MOKO in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
MODIFICATION/TERMINATION OF THE SERVICES
MOKO may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof, at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. MOKO shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
[Except where otherwise provided, the Services are currently available without charge.] MOKO reserves the right to charge a fee for access to or use of the Services, including the Site, the Mobile App and any other services available through the Services, at any time in the future, and MOKO will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Any software that is made available in connection with the Services, including applications (such as the Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, MOKO and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. MOKO has no liability with respect to any Software owned or controlled by third parties.
USER CODE OF CONDUCT
The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), calls, chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
- Deliver, or provide links to, any postings containing material that
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
- is defamatory, false or libelous
- infringes or violates any intellectual property or other right of any entity or person.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’
- Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
INTERACTIVE SERVICES AND USER MATERIALS
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in MOKO’s sole discretion.
MOKO does not control and is not responsible for any information or other materials delivered through the Services by you or other users (collectively, “User Materials”). MOKO is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, MOKO reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. MOKO is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by MOKO will not violate the rights of any third party.
The information and opinions expressed in User Materials are not necessarily those of MOKO or its content providers, advertisers, sponsors, affiliated or related entities, and MOKO makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. MOKO does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. MOKO has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Site is “public,” and in addition to the license granted to MOKO, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials, which violate this Agreement, please contact us at [email protected] Please provide as much detail as possible, including a copy of the underlying material, the location where MOKO may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and MOKO will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that MOKO, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from the Services on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms which are deemed incorporated into, and subject to, this Agreement. We may suspend or terminate any and all referral programs without notice, reason or liability.
The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by MOKO. All matters concerning such products, information and services are solely between you and such merchants. MOKO does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. MOKO will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.
Any sweepstakes, contests, games and/or promotional offers accessible through the Services are governed by specific rules and/or terms and conditions and may be restricted to users with accounts. If you are eligible, by entering any sweepstakes or contests or participating in such games or promotional offers accessible through the Services, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and this Agreement, the rules and/or terms and conditions will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from the Services (such as those of social media websites), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such features through the Services, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
MOKO may display or link to advertisements for the goods and services of a third party on or through the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. MOKO does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Services.
INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials through the Services by certain persons in certain countries may not be lawful, and MOKO makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and MOKO with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of MOKO. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement [or the Services], please contact [Customer Service][us] at [email protected] or Customer Service, helpdesk (USA/Canada) Toll Free number: 1-866-831-408, bussiness hours are from 9AM – 5PM Monday to Friday – or you can visit the help section on the site to report your issue.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, MOKO logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by MOKO or by other parties that have provided rights thereto to MOKO.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of MOKO.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by MOKO, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of MOKO.
MOKO respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. MOKO reserves the right to remove access to infringing material. Such actions do not affect any other rights MOKO may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
Speakiesy c/o MOKO Social Media Ltd
149 E 23rd St. #1413 New York, NY 10159
Email: [email protected]
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MOKO to locate the material.
(iv) Information reasonably sufficient to permit MOKO to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
You may be invited or asked to attend MOKO-sponsored events or events held by other members and users of the Platform which are not in any way associated with MOKO at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold MOKO, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.
CHANGES TO THIS AGREEMENT
MOKO reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. MOKO will endeavor to provide notice of any material change to this Agreement on the Site or through the Mobile App but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.
I HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF THIS AGREEMENT __