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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
your compliance with the policies from this Agreement. By using SpeechEase, you
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.
"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
"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
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
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
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
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
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.
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.