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OVERVIEW

  • The following agreement (this "Agreement" or the "Terms of Use") describes the terms on which the owners and operators of SpeechEase.com ("SpeechEase") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Use, including your compliance with the policies from this Agreement. By using SpeechEase, you agree to these Terms of Use. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using SpeechEase. SpeechEase may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at https://www.SpeechEase.com/site/terms-of-use. You shall be responsible for reviewing and becoming familiar with any modifications.
  • Use SpeechEase.com and SpeechEase Services AT YOUR OWN RISK. SpeechEase is not responsible for damages, injuries, losses, or deaths, whether direct or indirect, due to the use of SpeechEase.com Services.

DEFINITIONS

  • "SpeechEase" is the speech/debate/forensics/drama tournament management service offered by SpeechEase.com, including access to the websites and services available from the domain and subdomains of https://www.SpeechEase.com (the "Websites"). Websites and any other SpeechEase-produced software constitute the "Service" as used in this Agreement.
  • "User" is any person or persons accessing SpeechEase.
  • "Tournament Manager" is the person or persons that have created a tournament on SpeechEase.
  • "Invited Entities" are the schools, organizations, or individuals that are invited to attend a tournament by the Tournament Manager.
  • "Attending Entities" are the schools, organizations, or individuals that will attend a tournament that is being managed by the Tournament Manager.
  • "Other Users" are the schools, organizations, or individuals that access SpeechEase, but are not directly invited to a tournament. These entities may include, but are not limited to, students, parents, coaches, and the general public that access the website to view information.
  • "SpeechEase Staff" are the persons that are employed by SpeechEase to provide tournament management services to Tournament Managers, Invited Entites, Attending Entities, and Other Users.
  • "During the Tournament" refers to the period of time that is 1 hour prior to the start of the first round of the tournament to 3 hours after the start of the last round of the tournament. In the case of multi-day tournaments, "During the Tournament" refers to the period of time each day that is 1 hour prior to the start of the first round of the day to 3 hours after the start of the last round of the day.

THE SERVICES AND CONTENT OF SPEECHEASE

  • 1.1 You acknowledge that SpeechEase is a service provider that may allow Tournament Managers, Invited Entities, and Attending Entities to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. SpeechEase.com does not regulate the content of communications between users or users' interactions with the Service.
  • 1.2 You acknowledge that Users are allowed to communicate with Invited Entities via email, sent via SpeechEase. Opt-out of email communications is available on the My Preferences page of the Website.
  • 1.3 The fees paid to SpeechEase are wholly intended for the services that SpeechEase Staff provide. Fees are determined by the number of competitors attending a tournament. Fees provide the Tournament Manager with a non-exclusive, limited, revocable license to create one tournament on SpeechEase. No software or other tangible or intangible property is exchanged in return for fees paid to SpeechEase.
  • 1.4 SpeechEase is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at the sole discretion of SpeechEase Staff.
    • 1.4.1 SpeechEase will provide at least two servers that will be accessible during tournaments that utilize the SpeechEase Websites. In the event that all SpeechEase Websites are accessible less than 99% of the time During the Tournament, Tournament Managers may request a refund of fees equaling 5% of total fees for each 15 minutes of downtime, to a maximum of 50%.
    • 1.4.2 SpeechEase reserves the right to interrupt the Service with or without prior notice for any reason at any time, excluding the time During the Tournament. You agree that SpeechEase.com will not be liable for any interruption of the Service, delay or failure to perform during this time.
    • 1.4.3 SpeechEase has the right at any time for any reason to change or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.
    • 1.4.4 SpeechEase will not assist with troubleshooting connectivity to SpeechEase Websites if the SpeechEase Websites can be accessed by an independent third-party. On-call technical support resources from the venue hosting the tournament is recommended for tournaments with high attendance or tournaments using electronic ballots, and will not be provided, compensated, or reimbursed by SpeechEase.
    • 1.4.5 SpeechEase assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. SpeechEase is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will SpeechEase be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone's use of the Service, any Content, Software or Content posted on or through the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
  • 1.5 Tournament Managers agree to the posted fees for any tournament using SpeechEase. Payment must be received by the invoice due date.
  • 1.6 In the event of a tournament cancellation, SpeechEase will charge a prorated fee, determined by the features of SpeechEase that were actually utilized prior to the cancellation.

ACCOUNT REGISTRATION AND REQUIREMENTS

  • 2.1 You must establish an account with SpeechEase (your "Account") to use the Service, except for those portions of the Websites to which SpeechEase allows access without registration. You agree to provide true, accurate, current and complete information about yourself, organization, and students. SpeechEase reserves all rights to pursue legal action against all persons who misrepresent information or are otherwise untruthful about their identity or affiliation with organizations, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that SpeechEase cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
  • 2.2 You must be 13 years of age or older to access SpeechEase.
  • 2.3 You must be affiliated with a school or organization that manages or participates in tournaments that use or may use SpeechEase.
  • 2.4 You must provide accurate information about your school or organization, contestants, and any other information provided.
  • 2.5 SpeechEase.com may suspend or terminate your account at any time, without refund or obligation to you.
  • 2.6 You are responsible for your own Internet access. SpeechEase does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS

  • 3.1 You have a non-exclusive, limited, revocable license to use SpeechEase while you are in compliance with the Terms of Use.
    • 3.1.1 Subject to the terms of this Agreement, SpeechEase.com grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Use. Nothing in this Agreement, or on SpeechEase Websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a SpeechEase Staff member and that you do not expect to be, and will not be, compensated by SpeechEase for such activities.
  • 3.2 In exchange for SpeechEase enabling your contribution of Content, when you contribute Content, you expressly grant to SpeechEase a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant SpeechEase all licenses, consents and clearances to enable SpeechEase to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
    • 3.2.1 You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and SpeechEase will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) SpeechEase's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of SpeechEase's intention to require users of the Service to comply by the terms of this Agreement.
  • 3.3 SpeechEase retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create.
    • 3.3.1 You agree that you do not own the account you use to access the Service, nor do you own any data SpeechEase stores on SpeechEase servers (including without limitation any data representing or embodying any or all of your Content).

RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY

  • 4.1 All data on SpeechEase servers are subject to deletion, alteration or transfer.
    • 4.1.1 When using the Service, you may accumulate Content or other value or status indicators that reside as data on SpeechEase servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON SPEECHEASE SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN SPEECHEASE'S SOLE DISCRETION.
    • 4.1.2 YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, SPEECHEASE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SPEECHEASE SERVERS.
    • 4.1.3 YOU UNDERSTAND AND AGREE THAT SPEECHEASE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
  • 4.2 SpeechEase provides the Service on an "as is" basis, without express or implied warranties.
    • 4.2.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
  • 4.3 SpeechEase's liability to you is expressly limited, to the extent allowable under applicable law.
    • 4.3.1 IN NO EVENT WILL SPEECHEASE OR ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES, DISTRIBUTORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, EVEN IF SPEECHEASE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPEECHEASE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPEECHEASE FOR THE SERVICE, BUT IN NO CASE WILL SPEECHEASE'S LIABILITY TO YOU EXCEED $250 (250 U.S. dollars). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SPEECHEASE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SPEECHEASE, REGARDLESS OF THE CAUSE OF ACTION.
    • 4.3.2 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  • 4.4 You will indemnify and hold harmless SpeechEase, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, and customers from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your use of the Services, violation of the Terms of Use by you, from loss of Content due to your actions, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

COPYRIGHT POLICIES

  • 5.1 SpeechEase.com responds to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Requests and notices should be sent to [email protected]
  • 5.2 Requests and notices should include the following:
    • 5.2.1 The name, address, and electronic signature of the complaining party
    • 5.2.2 The infringing materials and their Internet location, or the reference or link to the infringing materials.
    • 5.2.3 Sufficient information to identify the copyrighted works.
    • 5.2.4 A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
    • 5.2.5 A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.