TERMS OF SERVICE

 

This is a legal agreement (“Agreement”) between you and SpeakToMe LLC. (“Speak to Me”, “we,” “us,” or “our”). By using our website, located at http://www.speaktomeapp.com (“Website” or “Site”), our mobile application (“App”), and/or other services we provide (collectively, “Speak to Me”), or otherwise accessing the pages of Speak to Me, you become a user and agree to, and are bound by, the terms and conditions of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms (“Additional Service terms”), and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

 

The Speak to Me services consist of a service for single people (“Singles Service”), including interactive content and community services such as the Speak to Me community (“Services”). Speak to Me may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Speak to Me also reserves the right to cease offering any of the Services.

 

This Agreement is subject to change by Speak to Me in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

 

Eligibility

 

1. Minimum Age. You must be at least 18 years old to use the Site and to register for the Services. By registering for the Services, you represent and warrant that you are at least 18 years old.

 

2. Marital Status. By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are single and not legally married.

 

3. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. SPEAK TO ME DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Speak to Me reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

 

Use of Site and Service

 

As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:

1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Speak to Me is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

 

2. Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By use of the Services you represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.

 

3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.

 

4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through our service.

 

5. No Guarantees. Speak to Me may not be able to provide matches for everyone seeking to use its services. Further, Speak to Me makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that Speak to Me makes no guarantees, either explicit or implied, regarding your ultimate compatibility with individuals you meet through the our service or as to the conduct of such individuals.

 

6. Content Removal. Speak to Me reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Speak to Me will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

 

7. No False Information. You will not provide inaccurate, misleading or false information to Speak to Me or to any other user.

 

8. No Advertising or Commercial Solicitation. You are prohibited from advertising or soliciting any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam email to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Speak to Me.

 

9. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Speak to Me may create test profiles in order to monitor the operation of the Services.

 

10. Selection of Profiles. Our service provides matching, and your profile will be presented to potential matches based on our algorithm. You will be under no obligation to communicate with the match(es) presented to you.

 

11. No Harassment of Speak to Me Employees or Agents. You will not harass, annoy, intimidate or threaten any Speak to Me employees or agents engaged in providing any portion of the Services to you.

 

12. By using Speak to Me, you authorize Speak to Me to access certain information on your computer device including information collected by your device’s microphone, camera, and position location equipment.

 

Proprietary Rights

 

1. Ownership of Proprietary Information. You hereby acknowledge and agree that Speak to Me is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, processes, database, as well as user information collected through operation of the App (“Confidential Information”). Speak to Me owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.  You hereby acknowledge that Speak to Me owns valuable copyrights, trademarks, and other intellectual property rights in its software and in the images, text, and graphics displayed by its application programs.  You hereby agree not to copy, reproduce, make commercial use of, or create derivative works using Speak to Me’s intellectual property. Nothing in this agreement grants you a right or license to use any trademark, design right, patent right, or copyright owned or controlled by Speak to Me.

 

2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information (including photos and Voicenotes) accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

 

3. Other Users’ Information. Speak to Me does not authorize posting of any copyrighted information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. In the event other users post copyrighted information, you agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Speak to Me or third party proprietary information available via the Services or the Site. We also do not authorize you to record from any device with recording capability other users’ or matches’ recordings that they either post on their profile publically or post privately within the private chat screens without their consent. Speak to Me assumes no liability arising as a consequence of such recordings.  

 

4. License to Posted Content. By posting information or content to any profile page or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Speak to Me and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

 

User Information

 

Privacy Policy. For information about the collection and possible use of information and material provided by you, please read our Privacy Policy. By using the Site or the Services, you are consenting to the terms of Speak to Me’s Privacy Policy.

 

No Contact Information. You agree that you will not post any email addresses, personal website address or profile page you may have on a third party website, or other contact information in areas other than those specifically designated for this information, or in any other communications you may have with other users. You may, at your discretion, exchange such information after you are mutually connected through the App.

 

Disclosure By Law. You acknowledge and agree that Speak to Me may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Speak to Me’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

 

Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Speak To Me reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Speak to Me suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Speak to Me, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Speak to Me is permitted to make such disclosure.

 

Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Speak to Me, and Speak to Me is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Speak to Me may provide links to you and the inclusion of any link does not imply that Speak to Me endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Speak to Me will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Speak to Me with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about how we use your information.

 

Disclaimer of Warranty

 

1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPEAK TO ME PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPEAK TO ME DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SPEAK TO ME DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

 

2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Speak to Me, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SPEAK TO ME DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SPEAK TO ME. UNDER NO CIRCUMSTANCES WILL SPEAK TO ME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

 

3. Beta Features. From time to time, Speak to Me may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Speak to Me’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

 

Limitation of Liability

 

1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL SPEAK TO ME BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SPEAK TO ME KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

2. No Liability for non-Speak to Me Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPEAK TO ME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

3. Information Verification. Speak to Me and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Speak to Me and its contractors will have no liability to you arising from any incorrectly verified information.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Speak to Me, its officers, directors, employees, agents, contractors, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Speak to Me reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Speak to Me in asserting any available defenses.

 

Complaints

 

To communicate a complaint regarding the Service, please email us at speaktomeapp@gmail.com

 

Communication

 

We may use your email address to send you messages notifying you of important changes to the Services or special offers.

 

Term and Termination

 

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Speak to Me may terminate your account at any time, for any reason or no reason, without explanation. Speak to Me reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and from any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Speak to Me by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account through the App on the “Settings” screen.

 

Cancellations

 

1. Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription by accessing the “Settings” screen through the App and deleting your account. Speak to Me is not responsible for refunding for purchases or subscriptions already purchased.

 

13. General Provisions

 

1. Controlling Law and Jurisdiction. You agree that New York law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in New York. You acknowledge and agree that any violation of this Agreement may cause Speak to Me irreparable harm, and therefore agree that Speak to Me will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Speak to Me may have for a breach of this Agreement.

 

2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site and the App, and any applicable payment, renewal, and Additional Services terms, comprise the entire agreement between you and Speak to Me regarding the use of this Service, superseding any prior agreements between you and Speak to Me related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Site are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Speak to Me to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, the Services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

14. Digital Millennium Copyright Act Notice

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Speak to Me at speaktomeapp@gmail.com as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Speak to Me to contact you, such as your address, telephone number, and email address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Speak to Me.

 

15. Revision Date. This Agreement was last revised on January 9, 2017