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Terms of Use

Welcome to speakizi.com (together with its subdomains, Content, Marks and services, the “Site”).  Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Speakizi Ltd. (“Speakizi“, “we“, “our” or “us“). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms“).  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.

  1. Background. The Site provides an online platform to enable speakers, entertainers, performers, artists, instructors or other service providers who offer unique experiences to showcase themselves and offer their services at events (“Experience Providers”) and for event hosts and organizers (“Hosts”) to learn about potential Experience Providers and arrange to book Experience Providers for their events (such a booking, a “Booking”, and such an event, an “Event”). Speakizi does not itself provide speaking or other entertainment services, or arrange Bookings, and does not employ or control Experience Providers featured on the Site and is not responsible for the services they provide.
  2. Modification. We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) calendar days following our posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
  3. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older.  If you are under 18 years old please do not visit or use the Site.  By accessing or using the Site, you represent and warrant that you are eighteen (18) years old or older.
  4. Site Access. While these Terms are in effect, we hereby grant you permission to visit and use the Site and view its Content (defined below), all as you may be enabled to do by the Site and provided that you comply with these Terms and applicable law.
  5. Restrictions. You shall not, directly or indirectly, nor shall you attempt, or permit or encourage any third party, to: (i) copy, distribute or modify any part of the Site (including any Content) without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; (vii) contact another user of the Site (“Site User”) through use of the Site, or whom you have identified through the Site, for any purpose other than asking a question related to a Booking, an Experience Provider and his services (for the purpose of making a Booking through the Site) or the Site User’s use of the Site; (viii) promote third-party services (other than the services of the Experience Provider as described in the Experience Provider’s Experience Pages, defined below), products or websites on the Site, or otherwise send unsolicited or unauthorized commercial communications, or recruit or otherwise solicit any Experience Provider or other Site User through use of the Site, or whom you have identified through the use of the Site, to join third-party services or websites; (ix) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, either on or through the use of the Site or in communication with a Site User whom you have identified through the Site; (x) make false claims or representations to Speakizi with respect to any Site User; (xi) use the Site to find an Experience Provider or Host and then complete a Booking independent of the Site or in any manner intended to circumvent the obligation to pay any fees payable under these Terms in connection with use of the Site or accept or pay fees (defined below) for such Booking other than through Speakizi; (xii) confirm or make any Booking that you do not intend to honor, which you intend to cancel or which is for an event which does not exist or is not being planned; and/or (xiii) violate any applicable law in connection with your use of the Site, your interaction with Site Users or any Booking.
  6. Account. In order to use some of the services of the Site, including to register as an Experience Provider or to book Experience Providers through the Site, you may have to create an account (“Account“).  You agree not to create an Account for anyone else or use the account of another without such person’s permission. When creating your Account, you must provide accurate and complete information. Certain portions of your Account information will become part of your public profile when using the Site, as will be indicated by the Site when you create your Account. For more information on how we use your Account information, please see our Privacy Policy, available at www.speakizi.com/privacy. You agree that Speakizi may, but is not required to, investigate your background and validate your identity and the information you provide in connection with your Account and any public profile (including your Experience Pages), including without limitation by performing background checks, including without limitation checks of public records such as criminal background and registered sex offender checks, making inquiries with third parties, including without limitation governmental agencies and by comparing the information you provide with third party databases, or by providing the information you have provided us to third parties to conduct such inquiries on Speakizi’s behalf. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure.  You must notify Speakizi immediately of any breach of security or unauthorized use of your Account.  As between you and Speakizi, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to Speakizi at hello@speakizi.com or you may use the tools which may be provided in the Account section of the Site.
  7. Experience Providers.

7.1.  Approval. To join and showcase yourself and your services on the Site as an Experience Provider, you must be approved by Speakizi, in Speakizi’s sole discretion. Your agreement to these Terms, creation of an Account, or submission of an application form or similar form which we make available on the Site, does not signify Speakizi’s approval of your joining the Site as an Experience Provider. In order to register as an Experience Provider and obtain Speakizi’s approval, as well as to maintain your status as an Experience Provider, Speakizi may require you to provide certain personal information, documentation and materials and to meet certain requirements, and may (but is not required to) perform background checks on you, including without limitation checks of public records such as criminal background and registered sex offender checks, while these Terms are in effect. When your application to join the Site as an Experience Provider is approved, we will send notice of such approval to you.

7.2.  Experience Page. If you are approved to join the Site as an Experience Provider, we will enable you to showcase and offer your services by creating a public profile on the Site through which users will be able to learn about you (“Provider Profile”) and public page(s) on the Site, which users and visitors of the Site will be able to view, and through which Hosts will be able to learn about and order your service(s) (each such page, an “Experience Page”). In order to create an Experience Page you will be required to provide certain information about yourself, including, but not limited to, background information (such as your past public speaking experience), a description of the services you provide, the fees you charge, your Cancellation Policy (defined below), a clear picture of yourself and/or other relevant photos and videos of your services, and other materials we may request in order to create your Experience Page.  You will be given the opportunity to review and approve your Experience Page before it becomes publicly viewable on the Site, but you will not be able to offer services on the Site, prior to approving your Experience Page.

7.3.  Experience Page Content. You hereby acknowledge and agree that the Content you submit for your Experience Page is considered a User Submission (defined below) and is also governed by Section _11 (User Submissions) below (subject to our Privacy Policy), and we may, accordingly, use such Content to promote your Experience Page or the Site.

7.4.  RELATIONSHIP. IF YOU CHOOSE TO JOIN THE SITE AS AN EXPERIENCE PROVIDER AND CREATE AN EXPERIENCE PAGE ON THE SITE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH SPEAKIZI IS LIMITED TO BEING A SITE USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF SPEAKIZI, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF, OR FOR THE BENEFIT OF, SPEAKIZI. SPEAKIZI DOES NOT CONTROL YOUR ACTIVITIES ASSOCIATED WITH YOUR EXPERIENCE PAGES, INCLUDING YOUR PROVISION OF SERVICES TO HOSTS OR SERVICES WHICH YOU MAY ADVERTISE ON THE SITE. YOU AGREE NOT TO TAKE ANY ACTION WHICH MAY CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED OR HAVE BEEN VERIFIED BY, ARE PARTNERING WITH, OR ACTING ON BEHALF, OR FOR THE BENEFIT, OF SPEAKIZI, INCLUDING BY INAPPROPRIATELY USING ANY SITE CONTENT OR SPEAKIZI MARKS (DEFINED BELOW).

7.5.  Representations. Without limiting Section _11 (User Submissions), if you join the Site as an Experience Provider and submit Content for the creation of a Provider Profile and an Experience Page, you represent, warrant and undertake that doing so, offering your services through the Site, and providing those services to Hosts who book your services through the Site, does not and will not: (i) breach any agreements you have with any third party; (ii) violate any applicable laws and regulations (collectively, “Laws”); or (iii) violate the rights, including without limitation intellectual property rights, of any third party (including by plagiarizing, or otherwise copying without permission, the content of any other person or entity, or wrongly stating or implying wrongly that you are, or that you are affiliated with, a person or entity). You further agree to comply with all applicable laws in connection with your provision of your services and collection of fees, including without limitation, by paying all taxes applicable to you and your services.

7.6.  Responsibility. You acknowledge and agree that you, and not Speakizi, are solely responsible for your own acts and omissions and the acts and omissions of any individuals whom you have engaged or requested to participate or assist in the provision of your services. In addition, you acknowledge and agree that you are solely responsible for any Booking Offers (defined below) you accept through the Site and for investigating the safety of interacting with any Site User or providing your services in connection with any Booking.

7.7.  Undertakings. If you are an Experience Provider, you agree and undertake to do the following:

7.7.1.     Best Price Guarantee. You agree to offer your services on the Site for fees which are as low as, or are lower than, the fees you charge for the same or substantially similar services for similar types and sizes of events (excluding services you provide free of charge). To the extent Speakizi receives evidence that you provide, or have provided similar services for similar event types and sizes for lower fees than, and within a year from the Event at which you provided your services and for which you were booked through the Site, you agree that Speakizi, in its sole discretion, may deduct or chargeback from you the difference between such fee amounts from amounts owed to you and credit such amount to the Host. We will notify you of such a claim in advance of deducting such amount and will provide you with an opportunity to respond. If you are a Host you acknowledge and agree that Speakizi is under no obligation to provide you with any such credit and any such deductions and credits shall be made in Speakizi’s sole discretion.

7.7.2.     Responsiveness. You agree to check your Account for messages and Booking Offers you receive through Speakizi from Hosts and to respond to such messages within a reasonable amount of time, and in the case of Booking Offers, within the amount of time set forth in Section _8.1 below. You agree that to the extent you fail to do so, Speakizi may apply penalties to your account as specified below in Section _7.9.

7.7.3.     Referrals. You agree to refer Hosts who may contact you outside the Site after having identified you through the use of the Site, or who have previously booked your services through the Site, as well as potential customers who, at an Event at which you have provided services, inquire about, or attempt to book, your services, to do so using the Site.

7.8.  Experience Page or Provider Profile Removal.

7.8.1.     Without limiting Section _11 (User Submissions), Speakizi reserves the right, at any time and without prior notice, to remove, or disable access to, any Experience Page or Provider Profile for any reason, including those which Speakizi, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Speakizi’s then-current policies or guidelines, or otherwise harmful to Site Users or the Site.

7.8.2.     If you are an Experience Provider, or if a Provider Profile or an Experience Page has been created in your name by another person or entity (including, without limitation, an Agent, as defined below), you may request the removal of such Provider Profile or Experience Page or transfer of the Provider Profile or Experience Page to your control by contacting Speakizi and presenting evidence sufficient, in Speakizi’s sole discretion, to verify your identity.

7.9.  Penalties. Without limitation to any rights Speakizi may have under these Terms or otherwise, if you are an Experience Provider, you agree that Speakizi may apply penalties to you and your Provider Profile and Experience Page in case of your violation of these Terms or Speakizi’s policies, including, without limitation, by (i) removing or disabling your Provider Profile or Experience Page or the ability of Hosts to contact you, access your calendar or book your services; and (ii) charging you a penalty fee determined by Speakizi in its sole discretion. The foregoing penalties and charges will be applied in Speakizi’s sole discretion and Experience Providers will be afforded an opportunity to present their reasons for their failure to comply with their commitments and the Terms of this Agreement.

  1. Bookings and Payment.

8.1.  Booking. When a Host offers to book an Experience Provider’s services for an Event (“Booking Offer“) and an Experience Provider accepts such Booking, and the Booking is completed on the Site, an agreement between the Experience Provider and the Host is created for the Experience Provider to perform the services at the Event and for the Host to pay the Provider Fee (defined below) all subject to these Terms. A Host may rescind a Booking Offer at any time prior to acceptance of the Booking Offer by the Experience Provider. An Experience provider will have twenty-four (24) hours to accept or reject a Booking Offer. A Booking Offer not accepted by an Experience Provider within such time shall be deemed rejected. Any additional terms must be determined in a Supplemental Agreement (defined below).

8.2.  Provider Fee. If you are an Experience Provider, you may initially set the fee you charge for Bookings (“Provider Fee“). Once the Provider Fee has been set, you may only change it by submitting a request to Speakizi which will be approved and implemented (or denied) in Speakizi’s sole discretion. Once a Host requests a Booking of your services, you may not request the Host to pay a higher price than the fee set forth in your Experience Page at the time the Booking request is made, and in no case shall you request a Host to pay the Provider Fee, or any additional amount in connection with the Booking other than through the Site.

8.3.  Speakizi’s Fees.

8.3.1.     Speakizi charges service fees to both Hosts and Experience Providers (the “Service Fee”) for Bookings through the Site. Unless otherwise agreed between Speakizi and a particular Host or Experience Provider, the Service Fee is determined in Speakizi’s sole discretion and may vary based on the price charged by the Experience Provider and is subject to change at any time (but any such changes will not apply retroactively to a Booking after it is made).  The Service Fee that applies to you in connection with a Booking will be displayed on the Site and will be viewable by you prior to your completion of the Booking.

8.3.2.     If you are an Experience Provider, Speakizi will deduct the Service Fee applicable to you from your Provider Fee and you agree that Speakizi may do so. You may view the Service Fee that applies to you in your Account Dashboard.

8.3.3.     If you are a Host, the Service Fee applicable to you, which may be referred to on the Site as a “Transaction Fee,” will be added to the Provider Fee that you will be required to remit to Speakizi as stated in Section 8.4 below.

8.4.  Speakizi as Agent for Collection. Provider Fees shall be remitted by Hosts to Speakizi. If you are an Experience Provider, you hereby (i) appoint Speakizi to collect payments owed to you in connection with Bookings as your limited collection agent for the purpose of collecting Provider Fees from Hosts; and (ii) agree that collection of Provider Fees by Speakizi from a Host shall be deemed payment to you by the Host and that you will provide your services to the Host as previously agreed with the Host. Speakizi will transfer the Provider Fees (less the applicable collected by Speakizi, such as the Service Fee) to you by the means specified in your Account.

8.5.  Agents. If you are an Experience Provider and you have an agreement with any third party, such as a contracting or booking agent (“Agent”) you are solely responsible for the payment of all required amounts to such third party by the terms of your agreement with your Agent for Bookings you enter into through the Site. Speakizi may also allow Agents to operate Experience Pages on the Site on behalf of an Experience Provider. In such a case, the Provider Fee for a Booking of an Experience Provider represented by such an Agent may be transferred to such Agent (as designated in the Experience Provider’s Account or otherwise designated to Speakizi pursuant to Speakizi’s instructions or the tools made available on the Site), who will be responsible for transferring the Provider Fee (less any applicable fees collected by Speakizi) to the Experience Provider. Such Agent may deduct a commission from the Provider Fee prior to transferring the Provider Fee to the Experience Provider, pursuant to the Agent’s agreement with such Experience Provider.

8.6.  Payment terms. If you are a Host, you agree to pay the Provider Fee to the Experience Provider and to do so by transferring to Speakizi the amounts due and any applicable taxes according to the payment schedule listed below. If you, the Host, are required by law or otherwise, to withhold or deduct any amount from the sum payable, then the sum which you must pay, upon which the deduction or withholding is based, must be increased so that, after all deductions or withholdings, Speakizi receives a net amount equal to the amount that would have been paid if such deductions or withholdings were not required.

8.7.  Payment Schedule. If you were a Host, you must pay all amounts due in connection with a Booking (“Booking Fees”) at the time the Booking is completed.

8.8.  Third Party Payment Processors. Speakizi accepts and makes payments using third-party service providers such as PayPal or Stripe, as may be available by the Site (“Payment Processors”). All payments are subject to the fees charged by, and the terms and conditions of, such Payment Processors. Speakizi is not responsible for any delays in, or withholding of, payment by Payment Processors.

8.9.  Set off. If you owe any amount to Speakizi, an Experience Provider, a Host, or other Site user, then you agree that Speakizi may deduct or withhold such amount from any amount Speakizi has collected for, or would otherwise transfer or pay to, you.

8.10. Tax Requests. You agree to comply with all of Speakizi’s requests for information and to fill out and provide Speakizi with all applicable tax forms and declarations as may be required by Speakizi to comply with its obligations under applicable law or as requested by an applicable governmental authority.

8.11. RESPONSIBILITY. SPEAKIZI IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY EXPERIENCE PROVIDER, AGENT, OR HOST OR FOR ANY SITE USER’S COMPLIANCE WITH ANY AGREEMENT, INCLUDING THESE TERMS, OR APPLICABLE LAW. IF YOU ARE AN EXPERIENCE PROVIDER, YOU UNDERSTAND AND AGREE THAT SPEAKIZI DOES NOT ACT AS YOUR CONTRACTING OR BOOKING AGENT, AND SPEAKIZI DOES NOT ENDORSE OR VERIFY THE IDENTITY OF, OR INFORMATION ABOUT OR PROVIDED BY, ANY HOST OR EVENT. IF YOU ARE A HOST, YOU ACKNOWLEDGE AND AGREE THAT: (I) SPEAKIZI DOES NOT ENDORSE, CONTROL, EMPLOY, OR SUPERVISE, ANY EXPERIENCE PROVIDER, THE INFORMATION OR CONTENT PROVIDED BY THE EXPERIENCE PROVIDER, INCLUDING WITHOUT LIMITATION AS PART OF THE APPLICABLE EXPERIENCE PAGE, PROVIDER PROFILE, OR THE SERVICES THE EXPERIENCE PROVIDER PROVIDES; AND (II) THE EXPERIENCE PROVIDER IS NOT AN EMPLOYEE OR AGENT OF SPEAKIZI AND IS NOT CONTRACTED BY SPEAKIZI TO PROVIDE SERVICES FOR YOUR EVENT.

8.12. Discounts. To the extent any special offers are made or discounts are offered to you by Speakizi in connection with the creation of your Account, or if you are a Host, in connection with a Booking, or which are otherwise made or offered, such offer or discount shall apply solely for the period and according to the provisions of the terms and conditions contained in or presented with such offer or discount and shall be subject to these Terms.

8.13. Not-for-Profit Activities. The Site may enable Experience Providers to offer services without compensation by the applicable Host. In such a case, Speakizi may elect (in its sole discretion) not to charge a Service Fee to the Host.

8.14. Supplemental Agreements. An Experience Provider and a Host may agree to additional terms in connection with a Booking (“Supplemental Agreement“), for example, confidentiality requirements, or any other rights or obligations to which the Experience Provider or the Host agree. You agree that (a) any such Supplemental Agreement shall be subject to these Terms and (b) Speakizi is not responsible for the contents of, or any party’s compliance with obligations under, any Supplemental Agreement.

8.15. Expenses. Speakizi is not responsible for any travel, per diem, or other expenses incurred by either party in connection with a Booking (“Expenses“).

8.16. User Disputes. Speakizi reserves the right to, and you agree that Speakizi may, monitor any disputes regarding a Booking or Supplemental Agreement or the subject matter thereof (and you shall update Speakizi regarding any such disputes), and, in its sole judgment, charge, deduct or return amounts received or paid by you, as necessary, in its sole discretion, to resolve the dispute.

  1. Cancellations and Refunds.

9.1.  Cancelations by Hosts. The Site enables Experience Providers to choose a cancellation policy from a set of cancellation policy options (“flexible,” “moderate” and “strict”) offered by Speakizi, which will determine when a Host may cancel a Booking and whether and under what conditions the Host may receive a refund, or partial refund, for amounts transferred to Speakizi in connection with such Booking (“Cancellation Policy”).  Descriptions of the available Cancellation Policies which may be chosen by an Experience Provider are available at http://www.speakizi.com/terms/#cancellation.  An Experience Provider’s chosen Cancellation Policy will be displayed on the Experience Provider’s Experience Page. If you are a Host, you may cancel a Booking and receive a refund or partial refund of a Provider Fee as may be specified in the Cancellation Policy of the Experience Provider and subject to these Terms. No refunds will be granted for a Booking cancelled within twenty four (24) hours of the scheduled date of the applicable Event for which the Booking was made.

9.2.  Cancellations by an Experience Provider. If an Experience Provider cancels a Booking, Speakizi will refund the Provider Fee for the cancelled Booking to the Host. If you are an Experience Provider, you further agree that if you cancel a Booking, Speakizi may (i) apply penalties to your Experience Page, including without limitation, by removing or disabling your Experience Page or the ability of Hosts to contact, you access your calendar or book your services; and (ii) charge you a cancellation fee of up to ten percent (10%) of the Provider Fee for the applicable Booking. The foregoing penalties and charges will be applied in Speakizi’s sole discretion and Experience Providers will be afforded an opportunity to present their reasons for cancelling the Booking.

9.3.  Cancellations by Speakizi. Speakizi may cancel a Booking (and return all Provider Fees to the Host) to the extent that Speakizi, in its sole discretion, deems it necessary in order to protect the safety of Site Users, the Site or the public, or in case of a breach of, or to prevent or restrain a breach of, these Terms or Speakizi’s published guidelines and policies.

9.4.  Acknowledgement. If you are an Experience Provider you agree that (a) a Host may cancel a Booking as set forth in your chosen Cancellation Policy and that Speakizi may cancel a Booking as stated above; (b) in the event of any such cancellation or failure to provide services, the Host shall receive a refund of the corresponding amounts as stated above or according to your chosen Cancellation Policy, as applicable; and (c) to the extent Speakizi has already remitted you Provider Fees for a cancelled Booking or for services you fail to provide, Speakizi may charge the appropriate amount due to the Host as specified above back from you for the purpose of refunding a Host any amount due according to these Terms.

9.5.  Applicable Fees. Refunds to Hosts may not include Service Fees charged by Speakizi and may be subject to any fees charged by the applicable Payment Processor and any applicable taxes.

  1. Intellectual Property Rights.

10.1.  Content and Marks.  The (i) content on the Site, including without limitation, the text, information, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of Speakizi and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “Speakizi”, the Speakizi logo, and other marks are Marks of Speakizi or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content.

10.2.  Use of Content.  Content on the Site is provided to you for your information and personal use only  and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

  1. User Submissions.

11.1.  Responsibility.  The Site may permit, and Speakizi may otherwise request or require, the submission, hosting, sharing and publishing of Material by you and other users to or through the Site (“User Submissions“), including without limitation Material submitted for Experience Pages, Event descriptions or reviews or messages to be sent to another Site User by means of the Site. You understand that whether or not such User Submissions are published or sent, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, sending or uploading them.  We have complete discretion whether to publish your User Submissions or deliver them to the intended recipient, and we reserve the right, in our sole discretion and without further notice to you, to monitor, store, review and/or delete any and all Content (including User Submissions) posted on the Site, sent to a Site User, or otherwise submitted to us, at any time and for any reason.

11.2.  Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize Speakizi to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms.  Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your User Submissions. 

11.3.  License to User Submissions.  By submitting Content to Speakizi, you hereby grant Speakizi a worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Speakizi’s business, including without limitation for promoting the Site, the Experience Provider’s services and Provider Profile and Experience Pages, publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, you hereby waive any moral rights in your User Submissions, to the extent permitted by law.  You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with, and as permitted by, these Terms.

11.4.  Prohibited Content.  You agree that you will not display, post, submit, publish, upload or transmit a User Submission, or otherwise transmit Content to a Site User in connection with the Site, an Experience Provider’s services, an Event or a Booking or prospective Booking that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism;  (viii) is otherwise malicious or fraudulent, or (ix) the sending of which would be in breach of these Terms (including, without limitation, an unsolicited or unauthorized commercial message). You shall be solely responsible and liable for any unsolicited or unauthorized communications.

11.5.  Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Speakizi is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Speakizi with respect to clauses (i) and (ii) above.

  1. Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
  2. Links.

13.1.  The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Speakizi.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Speakizi from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

13.2.  Speakizi permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Speakizi or present any false information about Speakizi and shall not imply in any way that we endorse any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website“) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

  1. Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at http://www.speakizi.com/terms/#privacy (“Privacy Policy”).  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
  2. Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: http://www.speakizi.com/terms/#copyright (“Copyright Notice“).
  3. Warranty Disclaimers.

16.1.  This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

16.2.  EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND THE SERVICES PROVIDED BY SPEAKIZI ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  SPEAKIZI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

16.3.  SPEAKIZI DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT SPEAKIZI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

16.4.  YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, SITE CONTENT, SERVICES PROVIDED BY EXPERIENCE PROVIDERS, OR INTERACTION WITH ANY SITE USER, THROUGH THE SITE OR OTHERWISE, IS AT YOUR SOLE RISK.  SPEAKIZI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT, AND DOES NOT CONFIRM, ENDORSE, OR VERIFY ANY SITE USER, OR SITE USER’S IDENTITY OR ANY EXPERIENCE PROVIDER’S SERVICES. YOU ACKNOWLEDGE THAT SPEAKIZI MAY NOT AND IS NOT REQUIRED TO INVESTIGATE, CONDUCT BACKGROUND OR OTHER CHECKS ON, INCLUDING CHECKS OF ANY REGISTRIES, OR VERIFY EXPERIENCE PROVIDERS, HOSTS OR OTHER SITE USERS OR THE CONTENT OR STATEMENTS THEY MAKE ON THE SITE OR MAY MAKE OR PROVIDE TO YOU. TO THE EXTENT SPEAKIZI PERFORMS ANY INVESTIGATION, BACKGROUND CHECKS, OR ANY VERIFICATION OF EXPERIENCE PROVIDERS (COLLECTIVELY, “INVESTIGATIONS“), SPEAKIZI MAKES NO, AND DISCLAIMS ANY WARRANTY REGARDING THE COMPREHENSIVENESS OR RESULTS OF ANY SUCH INVESTIGATIONS, OR THE FAILURE OF ANY SUCH INVESTIGATION TO REVEAL ANY INFORMATION ABOUT, INCLUDING WITHOUT LIMITATION, ANY PRIOR MISCONDUCT BY OR THE IDENITY OF, ANY SITE USER.

16.5.  SPEAKIZI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER PROFILE, EXPERIENCE PAGE OR OTHER USER SUBMISSION OR OTHERWISE PROVIDED BY A SITE USER; MAY NOT AND IS NOT REQUIRED TO VERIFY THE IDENTITY OF, OR INFORMATION PROVIDED BY EXPERIENCE PROVIDERS OR HOSTS; AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. ALL CONTENT CONTAINED IN EXPERIENCE PAGES AND PROVIDER PROFILES IS PROVIDED BY, OR IS BASED ON CONTENT PROVIDED BY THE APPLICABLE EXPERIENCE PROVIDER.

16.6.  SPEAKIZI DOES NOT EMPLOY, CONTROL OR SUPERVISE EXPERIENCE PROVIDERS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPEAKIZI SHALL NOT BE RESPONSIBLE FOR ANY SUCH CONTENT, OR ONLINE OR OFFLINE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

16.7.  SPEAKIZI DISCLAIMS ALL LIABILITY FOR THE TERMS OF ANY SUPPLEMENTAL AGREEMENT AND YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPEAKIZI SHALL NOT BE RESPONSIBLE FOR ANY SUCH SUPPLEMENTAL AGREEMENT, THE TERMS OR SUBJECT MATTER THEREOF, OR THE FAILURE OF ANY PARTY TO COMPLY WITH THE TERMS OF SUCH SUPPLEMENTAL AGREEMENT AND THAT ALL HARM OR DAMAGE WHICH MAY ARISE FROM YOUR AGREEMENT TO ANY SUPPLEMENTAL AGREEMENT OR THE COMPLIANCE, OR FAILURE TO COMPLY, WITH SUCH AGREEMENT BY ANY PARTY RESTS ENTIRELY WITH YOU.

16.8.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER SITE USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, EXPERIENCE PROVIDERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OR THROUGH SPEAKIZI.

16.9.  NOTWITHSTANDING SPEAKIZI’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE EXPERIENCE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM HOSTS, SPEAKIZI EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY EXPERIENCE PROVIDER, HOST OR OTHER THIRD PARTY (INCLUDING WITHOUT LIMITATION PAYMENT PROCESSORS) IN CONNECTION WITH SUCH PAYMENTS OR OTHERWISE.

16.10.   IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE, A BOOKING, OR ANY USER SUBMISSION, YOU AGREE THAT SPEAKIZI IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  SPEAKIZI RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

16.11.   EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SPEAKIZI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

  1. Limitation of Liability.

17.1.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPEAKIZI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY BOOKING OR INTERACTION WITH ANY SITE USER. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

17.2.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPEAKIZI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY BOOKING OR INTERACTION WITH ANOTHER SITE USER EXCEED THE TOTAL AMOUNT OF THE SERVICE FEES WHICH SPEAKIZI HAS COLLECTED FROM YOU IN CONNECTION WITH YOUR BOOKINGS DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, OR TEN DOLLARS ($10.00) IF NO SUCH PAYMENTS HAVE BEEN MADE OR YOU ARE NEITHER A HOST OR AN EXPERIENCE PROVIDER.

17.3.  BY USING THE SITE OR MAKING A BOOKING, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER SITE USERS (WHETHER A HOST, EXPERIENCE PROVIDER, OR OTHER SITE USER) OR OTHER THIRD PARTY WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR SITE USER OR OTHER THIRD PARTY WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM SPEAKIZI WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.

17.4.  THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION _17 SHALL APPLY: (A) NOTWITHSTANDING ANYTHING TO THE CONTRARY; (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (C) EVEN IF SPEAKIZI OR ITS AFFILIATES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (D) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (E) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY). THIS SECTION _17 CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

  1. Indemnity. You agree to defend, indemnify and hold harmless Speakizi and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site User (including without limitation your failure to honor or pay for any Booking or agreement with an Experience Provider or Host, as applicable); or (iv) your violation of these Terms.
  2. Term and Termination.

19.1. General. These Terms are effective until terminated by Speakizi or you.  Speakizi, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  You may terminate these terms as specified in the “Account” section of the Site.

19.2. Effect of Termination. Upon termination of these Terms; (i) Speakizi may terminate your Account (including if applicable, your public profile and Experience Page); and (ii) you shall cease all use of the SiteYou will not be entitled to any compensation for Bookings cancelled as a result of termination of this Agreement or the return of any of your User Submissions. Speakizi shall not be liable to you or any third party for termination of these Terms, or your access or use of the Site, or any part thereof. Following termination of these Terms, you may send Speakizi a request to cease any use of your User Submissions by Speakizi to promote the Site as stated in Section _11.3 (User Submissions – License to User Submissions).

19.3. Survival. This Section _19 and Sections _5 (Restrictions) _7.4 (Experience Providers – Relationship), _7.5 (Experience Providers – Representations), _7.6 (Experience Providers – Responsibility), _8.1 (Booking), _8.11 (Bookings and Payment – Responsibility), _8.16 (User Disputes), _10 (Intellectual Property Rights), _11.3 (User Submissions – License to User Submissions), _12 (Information Description), _15 (Privacy), _16 (Warranty Disclaimers), _17 (Limitation of Liability), _18 (Indemnity), _19.2 (Effect of Termination) and _20 (Independent Contractors) to _23 (General) shall survive termination of these Terms.

  1. Independent Contractors. Without limiting Section _7.4 (Relationship), you and Speakizi are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Speakizi.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Speakizi. Without limiting Section _5 (Restrictions), Speakizi is not a party to any agreement you enter into with another Site User and is not responsible for the obligations or conditions set forth in such agreement or liable for any breach of such agreement by any party.
  2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Speakizi without restriction or notification to you.
  3. Governing Law and Jurisdiction. These Terms and the relationship between you and Speakizi shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Speakizi may seek injunctive relief in any court of competent jurisdiction worldwide.
  4. General. Speakizi reserves the right to discontinue or modify any aspect of the Site at any time. These Terms shall constitute the entire agreement between you and Speakizi concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated:  February 20, 2017

Privacy Policy

This is the privacy policy (“Privacy Policy”) that governs how we, Speakizi Ltd. (“Speakizi”, “we”, “our” or “us”), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of the website www.speakizi.com, and any other website that we operate (each, together with its sub-domains, content and services, a “Site”).

We do not ourselves host the Site any of the services – all hosting is done by third party service providers that we engage. This means that data you provide us or that we collect from you (including any Personal Information, as defined below), as further described in this Privacy Policy, is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some are located in the United States), their servers may be located anywhere in the world (including the United States). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world (including the United States).

  1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Site. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.
  2. Terms of Use. This Privacy Policy forms part of our Terms of Use which are available at http://www.speakizi.com/terms (“Terms”). Any capitalized but undefined term in this Privacy Policy have the meaning given to it in the Terms.
  3. Consent and Modification. You are not legally obligated to provide us Personal Information, and you hereby confirm that when you provide us Personal Information, you do so of your own free will. By using the Site, you consent to the terms of this Privacy Policy and to the collection, processing and sharing of Personal Information as set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Site. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) calendar days following posting of the revised Privacy Policy on the Site, and your continued use of the Site thereafter means that you accept those changes.
  4. What Personal Information We Collect and How We Collect It. We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:

4.1.     Account. In order to use certain services that we offer via the Site, you may be required to create an account (“Account”). We may offer different options to create an Account, including through: (i) an online sign-up form through which you will be asked to provide us with certain required information such as your full name and email address, complete address, and a password that you will use for your Account; and (ii)  your pre-existing account with a third-party website or service (a “Third Party Account”) such as Facebook or Google by clicking on a ‘connect’ or ‘sign-in’ button that we may display on the Site. Clicking on such button will enable you to link your Account and your Third Party Account.

If you create an Account on the Site through a Third Party Account, you will be required to approve the connection as well as the types of information (which may include Personal Information) that we obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account.

If you log in using your Facebook Account, we may obtain your name, Facebook identification (ID) number, your profile picture, your gender, age range, locale and time zone, and e-mail address. You may disable or withdraw certain “Permissions” in the settings section of your Facebook Account (on Facebook), but doing so may cause certain features of the Site to become unavailable to you. In addition to the use of data described here, we may also use such data as described in Sections _6 (The Way We Use Personal Information) and _7 (Use of Anonymous Information) below. YOU ACKNOWLEDGE AND AGREE THAT WE MAY KEEP DATA WE OBTAIN FROM FACEBOOK AS DESCRIBED ABOVE EVEN AFTER WE CEASE USING THE FACEBOOK PLATFORM OR OFFER FACEBOOK FUNCTIONALITY SUCH AS FACEBOOK CONNECT OR LOGIN ON THE SITE.

If you login using your Google Account, you agree to Google’s API Terms of Service, available at https://developers.google.com/terms/, any additional terms, policies or guidelines provided by Google as any of the foregoing may apply to you, as well as the collection of information about you and your activities on the Site by Google according to Google’s Privacy Policy, available at https://www.google.com/intl/en/policies/privacy. If you login using your Google Account through Speakizi, we may obtain your Google ID, your full name, your Google profile and profile image URL, and your Google email address.

Regardless of which method you choose to create your Account, the Site may enable you to provide optional information, and we may send an email to your email address to instruct you how to confirm your registration.

4.2.     Application Materials. If you are an Experience Provider and wish to offer your services through the Site, we may require you to provide certain information, documentation and other materials (collectively, “Application Materials“). The Site may enable you to submit Application Materials through the Site or direct you to send the Application Submissions to us by e-mail, or in another manner.

4.3.     ‘Contact Us’ Information. If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as your name and email address.

4.4.     Share with Friends Service. The Site may enable you to share content from the Site or invite your friends to use the Site by sending them an invitation email or message, including through a Third Party Account or through the Site. If you send or post an invitation message we may collect Personal Information about the recipient such as their email address or Third Party Account user name and ID.

4.5.     Messages. If you send a message to another user using the tools made available on the Site, we will receive and store the contents of your message, including any Personal Information contained in your message (though not for the purpose of collecting Personal Information – please see Section _6.5 below to learn about why we store messages).

4.6.     Google Forms. We may collect information and content from you through the use of Google Forms. Google receives and uses information you submit using Google Forms in accordance with its privacy policy, available at https://www.google.com/intl/en/policies/privacy/.

4.7.     Public Profile and Experience Pages.

4.7.1. Generally. Some parts of the Site may enable you to build a public profile in connection with your Account (“Public Profile”) and if you are an Experience Provider, an Experience Page for each of the Services you offer through the Site. Your Public Profile will include your name, and other information that you choose to include in your Public Profile, such as a profile picture.

4.7.2. Provider Profile and Experience Pages. If you are an Experience Provider, you will be required to provide certain information about yourself for your Provider Profile and Experience Pages, such as (without limitation), past public speaking experiences, a description of the story or subject you are prepared to speak about or the experience you offer, the duration of the experience, the fees you charge, testimonials, reviews and videos of your past performances, your location and willingness to travel, the languages you speak, and a clear profile picture and additional photos of yourself. You will also be required to provide certain financial account information to enable us to transfer Provider Fees to you (as described below).

4.7.3. Host Profile. If you are a Host, the Site will require you to provide certain information for a profile which will be visible to Experience Providers with whom you request a Booking (“Host Profile“). This may include your name or the name of the company you represent, and, if you represent a venue, the venue in which you host events. Reviews by Experience Providers who have provided services at your Events may be posted and visible on your Host Profile. Currently, Host Profiles are not displayed to all Site Users, but may be publicly viewable in the future.

4.8.     Events. If you are a Host and you would like to contact an Experience Provider to make a Booking, you may be required to provide certain information about your Event (“Event Information”). Such information includes, the Event date and location, the type of Event and the number of expected participants, your goal and a description of the Event.

4.9.     Purchases. The Site may include the option to purchase certain products or services from us or Experience Providers. If you choose to create a Provider Profile, or make a purchase, you must provide certain account and billing information, invoice-related information, and other data required to process the order or transfer of funds (“Billing Information”). Speakizi accepts and makes payments using third-party service providers such as PayPal or Stripe, as may be available by the Site (“Payment Processor”). You acknowledge and agree to review and be bound by the terms of use and privacy policy of the applicable Payment Processor. Speakizi collects and obtains the following information from the Billing Information you provide or in connection with payments you may make: the last four digits of your credit card number and the expiration date of your credit card. In addition, such Payment Processors collect, store, and save all your Billing Information, all subject to their respective privacy policies. PayPal’s privacy policy is available at https://www.paypal.com/webapps/mpp/ua/privacy-full. Stripe’s privacy policy is available at https://stripe.com/us/privacy/. We encourage you to review the privacy policy of any third-party website or service prior to providing them with personal or financial information.

4.10.  Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.

4.11.  Cookies and Other Tracking Technologies. Our Site may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Site and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

4.12.  Analytics Services.  The Site may use tools to collect and analyze information about use of the Site (“Analytics Services”) such as “Google Analytics” and “Mixpanel.” Analytics Services collect information such as how often users visit this Site, what pages of the Site they visit, and what other sites they visited or used prior to coming to this Site. We use the information we get from these Analytics Services to maintain and improve the Site and our products and services.

4.12.1.     Google Analytics. Google Analytics is provided by Google, Inc. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. We do not combine the information collected through the use of Google Analytics with personally identifiable information.

4.12.2.     Mixpanel. Mixpanel is provided by Mixpanel, Inc. Mixpanel Inc.’s use of information collected through Mixpanel is set forth in the “Privacy Policy” section of Mixpanel’s Terms of Use available at https://mixpanel.com/terms/. You may opt-out of Mixpanel’s automatic retention of data at https://mixpanel.com/optout/. Please note that if you use Mixpanel’s opt-out option and then get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including by upgrading certain browsers), this may also clear the Mixpanel opt-out cookie.

4.13.  Support Services. The Site may use a third-party service provider, Intercom, Inc. (“Intercom“), in order to make available certain support services on the Site, including live support chat, a help desk, and a frequently-asked-questions page and knowledge repository (“Support Services“), and to assist us in analyzing and storing information about your use of the Site and the Support Services. When you use the Support Services on the Site, Intercom may collect information about you such as your location, IP address, information about your device, and other information you submit while using the Support Services (including any personal information you submit), and information about your use of, and activity on the Site while using, the Support Services. Such information may be combined with personal information about you we may provide to Intercom. Intercom’s collection and use of such information is governed by its privacy policy, available at https://www.intercom.com/privacy.

  1. Publicly Available Information. Your Public Profile, Experience Pages, and any content that you post on or via the Site (“User Submissions”) may be publicly available to other Site Users, and may also be accessed and used by people off the Site. The notices and tools that we provide on the Site, and other instructions or notices we may send you, are intended to inform you which information you provide (such as, without limitation, in connection with the creation of your Account and in your Application Materials) will be made publicly available. If you publish your contact information in any User Submissions or as part of your Public Profile or Experience Page, you may receive unsolicited messages from other Site Users or the public. If you are an Experience Provider, we will publish your Provider Profile on the Site in order to allow Site Users to learn about you and order your Speaking services for an Event. Your Provider Profile and all information and content you submit for your Provider Profile and Experience Pages (except certain financial and contact information) may be publicly viewable. If you are a Host, we will make your Host Profile (defined below) available to Experience Providers, and in the future, potentially to all Site Users. We, therefore, encourage you only to post information that you are sure you want to be accessible to anyone.
  2. The Way We Use Personal Information. If you submit or we collect Personal Information through the Site, then in addition to the ways we use Personal Information described above, we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:

6.1.     We will use your Personal Information to provide and improve our Site, to send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with the Site and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Site that you are authorized to access.

6.2.     We may use your designated email address to: (i) send you updates or news regarding the Site, your use of the Site, your Experience Pages, Public Profile or other Content on the Site, as well as our other products and services; (ii) to notify you when you have received a request, confirmation or other notice or message from a Site User (including without limitation a Booking request if you are an Experience Provider, or a Booking confirmation if you are a Host); (iii) send you a message in connection with billing or payments you may make or receive through the Site; (iv) respond to a “Contact Us” or administrative request (for example, to change your password).

6.3.     We may use your Application Materials or other Personal Information you provide to verify your identity or information you provide and perform background or other checks on you. We may inform Site Users, including without limitation, by posting notifications on the Site, that information which you have provided about yourself has been verified.

6.4.     If you choose to send your friend an invitation email or message we will use the contact information that you provide, or make available, to automatically send your friend an invitation email or message via the method you have chosen. Your name and email address may be included in the invitation email or message.

6.5.     If you choose to send a message to another Site User using the tools made available on the Site, then, in addition to delivering the message to your intended recipient, we may review the contents of such messages even after the message is delivered (or even if it is not delivered) to the intended recipient of the message for the following purposes: (i) to monitor, prevent or stop abuse of the Site, including violation of our Terms of Use; (ii) to assist you or resolve problems or technical issues with the Site; (iii) to monitor and resolve disputes between Site Users.

6.6.     If you are an Experience Provider, we may use your Personal Information to create your Provider Profile and Experience Pages. We may also use your Provider Profile and Experience Page content and information to promote your Provider Profile, Experience Pages or Services, or the Site, including (without limitation) within the Site, in marketing messages or advertisements outside the Site.

6.7.     We may use your Event Information to provide or display such information to Site Users, provide it to the Experience Providers you have contacted or whom we may provide such information to, advertise such Event Information on the Site or elsewhere in order to promote your event, the Site or our business.

6.8.     We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

6.9.     We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our Site to you and other users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

6.10.  We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Speakizi, our Site, Site Users, yourself or the public.

  1. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site. You acknowledge and agree that even if you request that we delete personal information obtained from Facebook in connection with your Facebook Account, we may nevertheless retain Anonymous Information which was based on that information and use such information as described in this Section _7.
  2. Opting Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Site. If you are an Experience Provider or a Host, you may not be able disable or unsubscribe certain e-mails or messages sent by us in connection with the Site, your Public Profile, Experience Pages or a Booking (as may apply) without terminating your Account and participation in the Site, or disabling your use of certain Site features.
  3. Choice. At all times, you may choose whether or not to use the Site and provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Site, but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.
  4. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may use the tools that we may make available on the Site or you may submit an access request by sending an email to privacy@speakizi.com. Your email or message should include adequate details of your request.
  5. Links to and Interaction with Third Party Products. The Site may enable you to interact with or contain links to your Third Party Account and other third-party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.
  6. Children’s Privacy. The Site is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at privacy@speakizi.com.
  7. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at hello@speakizi.com.
  8. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
  9. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@speakizi.com. Please note that we are only required to respond to one request per customer each year.
  10. Our California Do Not Track Notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. Except for the providers of Analytics Services and Support Services (see Sections _4.12 and _4.13 above), we do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.
  11. Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Information you have publicly posted.  If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
  12. Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at privacy@speakizi.com.

Last updated: February 20, 2017

 

Cancellation Policy Options

Experience Providers may choose between three different Cancellation Policies, “Flexible,” “Moderate,” or “Strict,” and in special circumstances, a fourth option, “No Cancellations,” which will determine when a Host may cancel a Booking with the Experience Provider and receive a full refund of the Vendor Fee.  If a Host cancels the Booking after the dates specified in the Cancellation Policy options listed below, the Host may receive refund of fifty percent (50%) of the Provider Fee, so long as the cancellation is made at least twenty four (24) hours before the date of the Event. If a Host cancels a Booking within twenty-four (24) hours of the scheduled date of the Event, the Host may not receive a refund or partial refund of the Provider Fee.

  • Flexible: The Host may cancel the Booking any time up to one (1) day before the scheduled date of the Event and receive a full refund of the Provider Fee.
  • Moderate: The Host may cancel the Booking any time up to seven (7) days before the scheduled date of the Event and receive a full refund of the Provider Fee.
  • Strict: The Host may cancel the Booking any time up to twenty one (21) days prior to the scheduled date of the Event and receive a full refund of the Provider Fee.
  • No Cancellations: The Host will not receive a refund for cancelling a Booking. Choosing this Cancellation Policy requires Speakizi approval. Experience Providers must submit a written request to Speakizi detailing the reasons why this policy would be appropriate. Requests will be rejected or denied in Speakizi’s sole discretion.

Once an Experience Provider chooses a Cancellation Policy, such Cancellation Policy will be displayed on the Experience Provider’s Experience Pages and Provider Profile and will be in effect with respect to any Bookings made until the Experience Provider changes his or her Cancellation Policy.

Confirmation

A Booking will be deemed to be cancelled when the Host clicks the “confirm cancellation” or similar button on the Booking page, which may be found in the Host’s Account Dashboard.

Terms & Applicable Fees

All cancellations are subject to the Speakizi Terms of Use, including without limitation, Section 9 (Cancellations and Refunds). Refunds of Vendor Fees to Hosts may not include Service Fees charged by Speakizi and may be subject to any fees charged by the applicable Payment Processor and any applicable taxes.

All capitalized but undefined terms herein have the definitions given to such terms in the Speakizi Terms of Use.

 

Last updated: February 20, 2017