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Terms of Use

Welcome to Rate Speeches!

 

Please Read This Terms of Use Agreement Before Accessing the Website.

 

This Terms of Use Agreement sets forth the standards of use of the Rate Speeches, Inc. ("Rate Speeches") online service for registered users and unregistered users.  By using the www.ratespeeches.com website you agree to these terms and conditions.  If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.  We reserve the right, at any time, for any reason in our sole discretion, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at www.ratespeeches.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.  You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Rate Speeches, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

 

1. Description of Service

Rate Speeches provides users with resources, reviews, ratings, evaluations of public speaking, speeches, presentations, speakers, and presenters to give users the opportunity to read about the experiences of other users and to allow users to provide their own reviews, ratings, and evaluations.

 

2. Disclaimer of Warranties

The website is provided by Rate Speeches on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Rate Speeches makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise.  Rate Speeches shall have no liability for any interruptions in the use of this Website.  Rate Speeches disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

3. Limitation of Liability

RATE SPEECHES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RATE SPEECHES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RATE SPEECHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

4. Indemnification

You agree to indemnify and hold Rate Speeches, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

 

5. Member Account

Rate Speeches may require each user of the Service to have a unique user name and password combination in order to access and use certain features or functions of the Rate Speeches' website.  Your account, user name, and password are personal to you and you may not allow any others to use your account, user name, or password under any circumstances.  Your account with Rate Speeches is non-transferrable.  You are entirely responsible for any and all activities which occur under your account whether authorized or not authorized.  You agree to notify Rate Speeches of any unauthorized use of your account or any other breach of security known or should be known to you.  Rate Speeches will not be liable for any harm caused or related to the theft or misappropriation of your account, user name, or password, disclosure of your account, user name, or password, or your authorization of anyone else to use your account, user name, or password.

 

6. Content Submitted for Inclusion with Service

You understand that all information, text, sound, images, video, messages, or other materials ("Content"), whether publicly posted or privately kept, are the sole responsibility of the person from whom such Content originated.  You are entirely responsible for all Content that you post, upload, or otherwise make available via the Rate Speeches Service.

Rate Speeches does not claim ownership of Content you submit, contribute, or make available for inclusion on the Rate Speeches Service.  However, with respect to Content you submit, contribute, or make available for inclusion on publicly accessible areas of the Rate Speeches Service, you grant Rate Speeches a worldwide, perpetual, royalty-free, transferrable, irrevocable license(s) to use, distribute, reproduce, modify, adapt, edit, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

7. Member Conduct and Responsibilities

You agree to not use the Rate Speeches Service to post, upload, or otherwise make available any Content that is abusive, defamatory, discriminatory, harmful, harassing, hateful, indecent, intimidating, invasive of another's privacy, libelous, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethnically offensive, threatening, tortious, vulgar, unlawful, or otherwise objectionable.

You agree to not use the Rate Speeches Service to post, upload, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

You agree to not use the Rate Speeches Service to post, upload, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, or any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

You agree to not use the Rate Speeches Service to post, upload, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.

You agree to not use the Rate Speeches Service to impersonate any person or entity, including but not limited to Rate Speeches personnel.

You agree to not use the Rate Speeches Service to post, upload, or otherwise make available malicious code, such as viruses and spyware.

You agree to not disrupt, impair, degrade, interfere with the Rate Speeches Service.

You agree that you are solely responsible for any Content that you post, upload, or otherwise make available.  You agree that you may or may not be able to withdraw any Content that you post, upload, or otherwise make available.

You acknowledge that Rate Speeches may or may not pre-screen or monitor Content.  You acknowledge that Rate Speeches shall have the right (but not the obligation) in its sole discretion to pre-screen, filter, modify, refuse, or remove any Content that is available via the Rate Speeches Service.  Without limiting the foregoing, Rate Speeches shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.

You acknowledge, consent and agree that Rate Speeches may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Rate Speeches, its users, and the public.

You may not sell, resell, trade, rent, loan, lease, reproduce, duplicate, distribute, copy, or make any commercial use of the Service without the express written consent of Rate Speeches in a separate document.  You may not create derivative works based on our web pages (either in whole or in part).

 

8. Disclaimer Regarding Accuracy of Content Provided by Members

Rate Speeches makes no representations or warranties as to the accuracy, reliability, integrity, or quality of Content provided by members on this website.  Rate Speeches does not control and does not guarantee the accuracy, reliability, integrity, or quality of such Content.

Under no circumstances will Rate Speeches be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, or otherwise made available via the Rate Speeches Service.

You understand that by using Rate Speeches Service, you may be exposed to Content that is offensive, indecent, or objectionable.

 

9. Patent

The Rate Speeches website contains proprietary technology, processes, information, methodology, and operational aspects that are the subjects of an application for patent protection filed with the United States Patent and Trademark Office (Patent Pending).  The Rate Speeches website is an embodiment of a patent pending invention, presently filed with the United States Patent and Trademark Office.  This intellectual property belongs solely to Rate Speeches and is protected under U.S. patent application(s).  Except as expressly provided herein, Rate Speeches does not grant to you any express or implied license or right under any patents, patent applications, or other intellectual property.  You may not (and you may not permit anyone else to) copy, reproduce, modify, create a derivative work of, reverse-engineer, decompile or otherwise attempt to extract the source code.

 

10. Modifications and Interruption to Service

Rate Speeches reserves the right to modify or discontinue (permanently or temporarily) the Service (or any features within the Service) to you or to users generally with or without notice to you.  Rate Speeches shall not be liable to you or any third party should Rate Speeches exercise its right to modify or discontinue the Service.  You acknowledge and accept that Rate Speeches does not guarantee continuous, uninterrupted, or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.  If Rate Speeches disables access to your account, you may be prevented from accessing the Services, your account details, your files, or any other content which is contained in your account.

 

11. Third-Party Sites

Our website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website.  You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites.  Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein.  We encourage all members to review said privacy policies of third-parties’ websites.

 

12. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Rate Speeches makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Rate Speeches makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

13. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of California.  As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our website you agree to do so subject to the internal laws of the State of California.

 

14. Compliance with Laws

You assume all knowledge of applicable law and is responsible for compliance with any such laws.  You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

15. Copyright and Trademark Information

All content included or available on this website, including website design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010-2011 Rate Speeches, Inc., with all rights reserved, or is the property of Rate Speeches and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Rate Speeches is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Rate Speeches.

Rate Speeches™, Ratespeeches.com™, SpeechEvaluator™, and SpeechEvaluator.com™ are proprietary marks of Rate Speeches.  Rate Speeches’ trademarks may not be used in connection with any product or service that is not provided by Rate Speeches, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rate Speeches.

All other trademarks displayed on Rate Speeches’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Rate Speeches.

 

16. Botnets

Rate Speeches retains the right, at our sole discretion, to terminate any accounts involved with botnets, web crawlers, scripts, and related activities.  If any hostnames are used as command and control points for botnets, Rate Speeches reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

17. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Rate Speeches, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a member.  You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of the personally identifiable information and other practices described in our Privacy Policy Statement.

 

Effective Date:  This Terms of Use Agreement was last updated on April 16, 2011.