REPRESENTATIONS CONCERNING AGE AND JURISDICTION. You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Software.
RESTRICTED ACCESS TO CERTAIN PORTIONS OF THE SITE. Certain portions of this Site may be restricted to registered users. To access such portions of the Site, a login and password are required. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section. You may contact Pspeak by using the "Contact Us" link on the Site.
SUBSCRIPTIONS. Certain products and services are offered by Pspeak for a fee. If you purchase any of Pspeak's products or services, you agree to the Refund Policy found below. You also agree to any terms (such as a minimum term of service, recurring subscription fees, or payment terms) of which you are notified during your purchase of the products and/or services.
NO THIRD PARTY USE. You may not use the Site in any manner which, in Pspeak's sole discretion, interferes with its ability to offer its products or services to users. You agree to use the Site solely to accommodate your own needs, and you may not use or exploit any portion of the Site to provide any commercial services to third parties.
LINKS TO OTHER WEBSITES. Links to third party websites on this Site may be provided solely as a convenience to you. If you use these links, you will leave the Site. We do not review these third party sites and do not control them, nor are we responsible for any of these sites or their content. Thus, Pspeak does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, then you do this entirely at your own risk.
User Comments. From time to time, Pspeak may provide you with the ability to post, transmit, or otherwise exchange information for the limited purpose of sharing ideas, suggestions, feedback and information of mutual interest through the Site. Pspeak cannot and does not monitor such information or other content from you or from other users (collectively "Comments"). Please be aware, if you choose to participate in such an activity, Comments you share may be visible to other users of the Site and may be transmitted by other users of the Site to others not using or connected with the Site. We have no control over and are not responsible for the use or distribution of your Comments. You agree that Pspeak or any of its affiliates may use your Comments for any purpose whatsoever. Your disclosure of any Comments shall also constitute an assignment to Pspeak of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, Pspeak will own exclusively all such rights, titles and interests and shall not be limited in any way in its use of any Comments, commercial or otherwise. Pspeak is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay you or any other party any compensation for any Comments; or (iii) respond to any Comments.
Representations Regarding Your User Comments. You represent and warrant that you have all rights and licenses to post any and all material that you post on the Site, including, without limitation, any Comments. You further represent and warrant that the Comments submitted by you does not infringe or misappropriate any patent, trademark, copyright, trade secret or other intellectual property right or violate the right of privacy or publicity of any third party or is defamatory or disparaging of any person or entity. You further represent that no communications or materials submitted by you to the Site will be unlawful, abusive or obscene material. You are and shall remain solely responsible for the Comments of any communications or materials you post or transmit. You hereby agree to defend, indemnify, and hold harmless Pspeak and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys' fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
Accuracy of Content. All Pspeak Content presented by Pspeak through the Site is presumed to be accurate, but not guaranteed. Further, we are not responsible for the accuracy of any Comments. Pspeak will not be responsible for any consequences arising from your reliance on the accuracy of any Pspeak Content or Comments contained within the Site.
Removal of Content. Pspeak shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Pspeak Content or Comments contained within the Site. Pspeak expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of such content review.
PROHIBITED BEHAVIOR. Pspeak is under no obligation to review or monitor, and assumes no responsibility or liability arising from, the content including Comments and User Content as defined in the EULA, uploaded to any locations in the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, threat, or inaccuracy contained in any information within such locations on the Site. You are responsible for all content that you upload, post, email or otherwise transmit using the Site. You agree to use the Site solely to accommodate your own lawful personal or business needs.
You also agree not to use the Site (including the Software) to do any of the following (collectively, "Prohibited Behavior"):
record a video or telephone conversation or text message or other form of communication on the Site unless you are in compliance with all applicable laws - whether federal, state, local or international - protecting the privacy of communication for all parties to the conversation. Although the laws protecting each person may vary depending on the locality in which that person is situated, you MUST obtain express and informed consent from ALL parties to the conversation before any recording or other use is made of the communication. It is recommended that, at a minimum, each party's verbal consent be recorded at the beginning of the communication to verify that such consent was obtained;
intercept, tap into, record, monitor, damage, alter, manipulate or modify any communication not intended for you;
capture, alter, adapt or modify any content, including, images, audio, text or other materials transmitted by other users without their explicit and informed consent;
upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person entity unless you have express permission from the respective owners of such materials to do so;
harm minors in any way, including through any form of child pornography. The content may be reported to the appropriate legal authority and/or your ISP may be contacted;
upload, post, email, or otherwise transmit, disseminate or distribute any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, disparaging, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive;
engage in any activity that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party;
knowingly or recklessly permit others to use the Site: (i) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (ii) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (iii) so as to materially interfere with the use of the Site by other customers or authorized users; or (iv) in a manner which, in our opinion, is inconsistent with the generally accepted rules of internet etiquette and conduct;
transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any "Spam," "Junk Mail," chain letters, or any other potentially objectionable or unlawful form of unsolicited communication;
upload, post, email or otherwise transmit without authorization any material that contains personal, private, or financial information or other personally identifiable information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, driver's license numbers, dates of birth, passwords or other similar information.
obtain or attempt to obtain service by any means or device with intent to avoid payment;
engage in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user of the Site or on another ISP's network;
transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;
interfere with the use or enjoyment of the Site by other customers or authorized users. This shall include excessive use of services which impair the fair use of other customers;
hold Pspeak, its suppliers, officers, directors, employees, agents, affiliates or shareholders up to public scorn, ridicule, or defamation; or
impersonate any person or entity, including, but not limited to, a Pspeak official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
REPORTING VIOLATIONS. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Pspeak's designated agent for notice of alleged copyright infringement in connection with the Software is as follows:
Jeffrey Neu, Esq.
318 Newman Springs Road, Red Bank, NJ 07701
To file a notice of infringement with Pspeak, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov/.
Upon termination of this agreement by either you or Pspeak, all of your rights under this agreement will terminate immediately.
INDEMNIFICATION. You agree to defend, indemnify and hold Pspeak harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use or misuse of the Site.
DISCLAIMER. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, PROVIDED ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PSPEAK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITIES. NEITHER PSPEAK NOR ANY OF ITS LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE SITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
USE OF TRADEMARKS. The Pspeak name, logo and combination thereof, among others, are trademarks of Pspeak. Other parties' trademarks or service marks are the property of their respective owners and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Pspeak or the owner of such mark. Also, Pspeak regards the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treats the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.