Thank you for using the Speeks audio commentary app service. These General Terms of Service apply to you, a User of our App Service, and constitute a binding agreement (“Agreement”) between you and Speekr World AB (“Speeks”), a company incorporated under the laws of Sweden, with registration number 559051-5606.
Please read all the terms and conditions of this Agreement carefully. By registering for and/or using the App Service, you agree that you are bound by the terms and conditions of this Agreement, and you warrant that you have full power, authority and legal capacity to enter into this Agreement. Please contact Speeks at email@example.com if you have any questions about this Agreement.
This Agreement applies to registered Users of the App Service as well as any visitors to web sites controlled by Speeks that may display Content supplied by registered Users. Only registered Users, however, have access to full features of the App Service.
“Advertisement Purpose” use of the Content in advertisement for commercial purposes.
“Artificial Traffic” means invalid transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in e-mail or chat rooms, script generators, placing links on other websites, Clicks which are not generated by a browser, and Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
“App” means the application software, which will enable the use of the service provided by Speeks. The App software required for usage of the Speeks service is available for downloading to your mobile device or tablet.
“App Service” means the audio/video service available for you through the Speeks App.
“Click” means a click by a Visitor on a link on your content that serves a linked web site to the Visitor’s browser.
“Content” means the audio and text uploaded and made available by you in connection with the App Service.
“Impressions” means the number of times a Video/Audio is served to, and received by, a visitor in the app or on the web.
“Site” means the web site www.speeks.tv and/or such other web site or sites that Speeks communicates to you, where you may access the Service.
“Software” means Speeks proprietary software used by Speeks to deliver the App Service, made available to you as part of the App Service, and all updates and associated documentation thereto made available as a part of the App Service pursuant to this Agreement. The term “Software” includes the Downloaded Software.
“Traffic” means, collectively, Clicks and Impressions.
“User” means the person who is registered and uses the service provided through the App.
2. The App Service
The App Service employs a unique technology which enables you to choose a video from third party streaming service, and record your own audio commentary and if you choose, to accompany the commentaries with sound effects which will be associated with the video. The Service is provided solely for your own non-commercial use.
Subject to the terms of this Agreement, Speeks will provide the App Service to you. Your rights to use the App Service are non-exclusive and non-transferable to use the App Service on any iPhone, iPad or iPod touch that user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may use the App Service only for your own benefit to provide audio commentaries. You may only use your Content for private purposes. Use for advertisement purposes without Speeks prior written consent is therefore strictly prohibited.
Speeks and you as user acknowledge that the Agreement is only concluded between Speeks and you as the user only, and not with Apple, and Speeks, not Apple, is solely responsible for the App-Service and the content thereof.
Speeks reserves the right to refuse a User to open an account for any reason or limit the number of accounts a User may establish in the app.
Your account at Speeks is strictly personal and Users are therefore not allowed to use or control other Users account.
As part of the App Service, Speeks will provide reasonable technical support to you by means of an online support portal.
Speeks will use commercially reasonable efforts to make the App Service available on a 24 hours a day, 7 days a week, and 365 days a year basis, subject to Section 15.2 (Force Majeure) below and to downtime for maintenance purposes.
Speeks may from time to time modify the App Service and add, change, or delete features of the App Service in its sole discretion, without notice to you. Your continued use of the App Service after any such changes to the App Service constitutes your acceptance of these changes. Speeks will use commercially reasonable efforts to post information on the Site regarding material changes to the App Service.
You warrant that all user and other account information provided to Speeks by you, whether for purposes of obtaining a user name and password or otherwise, will be accurate and complete. You agree to promptly notify Speeks of any changes to your account information. You further acknowledge that you are solely responsible for: (a) all use of the App Service made using your user name and password, and (b) maintaining the confidentiality of your user name and password. Only one individual may access the App Service at the same time using the same user name and password. You agree to notify Speeks immediately of any unauthorized use of your email address, user name or password, or any other breach of security regarding the App Service of which you become aware.
You must be 13 years old or older to register and use the App Service. If you are under 18 years old, the Agreement shall be notified by your parent or authorized guardian, so that you are fully aware of the purpose of the Agreement.
You agree to upload and create your Content to the App Service in accordance with this Agreement and all instructions and requirements provided on the Site and in the app.
You represent and warrant that the Content: (a) are owned by you; (b) do not violate any person’s right of privacy or publicity; (c) do not contain any unlawful, obscene, pornographic, racist, defamatory or libellous material, (d) do not contain any viruses, trojan horses, spyware, adware, spam, or similar deceptive or destructive code; and (e) to the best of your knowledge, are accurate and complete. You also represent and warrant that your disclosure of the Content is not in breach of any obligation of confidentiality that you have to any other person or organization.
You acknowledge and agree that Speeks has the full right to deliver ads and otherwise commercialize your Content in conjunction with the App Service.
As deliverer of the App Service Speeks reserves the right to immediately remove or/and report Content that is in any way a breach to this Agreement according to our sole determination or not without prior notice to you. Speeks can also suspend your use as in Section 9.2. Upon termination of use or removing of your Content, you continue to be bound by this Agreement.
4. Intellectual Property
You retain ownership of your Content, but not to added Licensed Content. You hereby grant Speeks a perpetual, royalty-free, worldwide, transferable, non-exclusive license to copy, use, distribute, disclose, publicly display, and publicly perform your Content in connection with delivering and promoting the App Service in any and all formats and platforms, including making Content publicly available on web sites controlled by Speeks and for other marketing purposes. You agree that Speeks may make minor modifications to the Content to meet platform and other technical requirements.
You agree that Speeks and its licensors own all intellectual property rights in and to the App Service, the Software, and the Site, including but not limited to the look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. It is therefore strictly forbidden to conceal, remove or alter any copyright, trademark or proprietary rights notices incorporated in the App Service. You will not reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software. You further agree not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make the App Service available to any third party for such third party’s benefit. You may make a single copy of the Downloaded Software for backup purposes only; provided that any such copies contain the same proprietary rights notices that appear on the Downloaded Software. Speeks reserves all rights in the App Service and Software not expressly granted to you hereunder.
Speeks may derive and compile aggregated and/or analytical information from your usage of the App Service. Such aggregated data and metadata may be used for Speeks own purposes without restriction, including, but not limited to, using such data in conjunction with data from other sources to improve Speeks products and services and create new products.
Speeks shall have a perpetual, royalty-free, worldwide, and transferable license to use or incorporate into the App Service any suggestions, ideas, enhancement requests, feedback, or other information provided by you relating to the App Service without prior notice or consent.
5. Additional App Service Restrictions
You warrant and agree not to:
Violate any local, state, national or international law or regulation in connection with your Service Offerings, your use of the App Service, or otherwise use the App Service in any way that is in furtherance of criminal, fraudulent, or other unlawful activity;
Interfere with or disrupt the App Service or servers or networks connected to the App Service;
Interfere with or attempt to interfere with any other person’s use of the App Service;
Gain access to or attempt to gain access to any account, computers or networks related to the App Service without authorization;
Use the App Service in a manner that results in excessive bandwidth usage, as determined in Speeks sole discretion; or
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or communication transmitted through the App Service.
6. Copyrights and Infringement
Speeks and you acknowledge that, in the event of any third party claim that the App Service or your possession and use of that App Service infringes that third party’s intellectual property rights, Speeks, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
It is our policy not to permit Content known by us to be infringing to remain on the App Service or any related Site. If you believe in good faith that any Content made available through the App Service constitutes copyright infringement of your copyrighted material, please notify us immediately of the infringing Content and provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site or App Service;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your notice of claim of copyright infringement should be sent by directing an email or letter to the following designated copyright agent:
Speekr World AB, Torkelknutssonsgatan 118 25, Stockholm, Sweden,
Any processing of personal data is made in accordance with the Swedish Personal Data Act (1998:204).
Speeks collects the information you directly provide us with through the App Service such as name, user name, password, email, user Content and communication between you and Speeks. Other information such as log file information, cookies, device identifiers, metadata and analytics information concerning the App Service will also be collected.
Please note that all information you provide us with must be accurate, complete and current.
Speeks will not sell or rent out the information listed in Section 7.2 to any third parties outside Speeks without your consent.
Speeks uses commercially reasonable safeguards to help keep the information collected through the App Service secure and takes reasonable steps (such as requesting a unique password) to verify your identity before granting access to your account.
Your information collected through the App Service may be stored and processed in Sweden and any other country in which Speeks, its Affiliates or App Service Providers maintain facilities and/or conducts business.
We may access, preserve and share the information you provide us with in response to a legal request if we have reasonable belief that the law requires us to do so.
You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Speeks, at all times.
Speeks cares about your integrity and the security of your personal information. Unfortunately we cannot guarantee that unauthorized third parties will never be able to defeat our security measures on Internet or use your personal information for improper purposes. Please note: there may be a risk providing your personal information and Content.
You represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Term and Termination
This Agreement will continue until terminated in accordance with this Section.
Either party may terminate this Agreement upon thirty (30) days prior written notice with or without cause. As stated in Section 3.4 If you are in breach of this Agreement, Speeks may in its discretion immediately terminate or suspend your use of the App Service, with or without notice to you.
The terms provided in Sections 3, 5, 9, 10, 11, 12, 13, and 14 of this Agreement shall survive any termination of this Agreement.
9. Independent Contractors
The parties are and intend to be independent contractors with respect to the services contemplated hereunder. You agree that neither you nor any of your employees or contractors shall be considered as having an employee status with Speeks. No form of joint employer, joint venture, partnership, or similar relationship between the parties is intended or hereby created.
10. Warranties; Disclaimers
You and Speeks each warrant that they have full authority to enter into this Agreement and are not bound by any contractual or legal restrictions from fulfilling their obligations hereunder.
The App Service may contain features, functionality and information that are provided through or by third-party content, software, web sites, and/or systems (“Third-Party Materials”). Your use and access of these features and functionality are subject to the terms published or otherwise made available by the third-party providers of Third-Party Materials. Speeks has no responsibility for any Third-Party Materials, and you irrevocably waive any claim against Speeks with respect to such Third-Party Materials.
Speeks does not warrant that the App Service will operate without interruption or error-free, or that the App Service will be totally secure. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that Speeks has no control over the functioning of the Internet, and Speeks makes no representations or warranties of any kind regarding the performance of the Internet. You shall be solely responsible for your use of the App Service. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SPEEKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.
Speeks is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Agreement, in the event of any failure of the App Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Service to you, if any; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Speeks sole responsibility.
Speeks and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
You, at your expense, shall indemnify, defend and hold Speeks and its officers, directors, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of the App Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to: (a) your breach of any representations, warranties, or covenants in this Agreement, (b) your compliance with applicable laws and regulations, and (c) the Content. Speeks shall provide you with prompt written notice of any such claim.
Speeks liability is limited to damages stipulated by law to you or to any third party concerning performance or non-performance by Speeks, or in any manner related to this Agreement or the App Service.
In no event shall Speeks be liable for special, consequential, incidental, indirect or punitive loss, damage or expenses whether arising in contract or tort (including but not limited to lost profits, loss of data, or the cost of recreating lost data), even if it has been advised of their possible existence.
The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and the fees herein reflects such allocation. These limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy.
Speeks and you acknowledge that Speeks, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the App Service or the end-user’s possession and/or use of that App Service, including, but not limited to: (i) product liability claims; (ii) any claim that the App Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Speeks is solely responsible for providing any maintenance and support services with respect to the App Service, as specified in the Agreement, or as required under applicable law. Speeks and the you hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Service.
All notices under this Agreement will be completed through e-mail or telephone. Speekr World AB, telephone number: 070 – 364 88 84, e-mail: firstname.lastname@example.org
Speeks may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Speeks in their sole discretion. Speeks reserve the right to determine the form and means of providing notifications to their Users, provided that you may opt out of certain means of notification as described in this Agreement. Speeks is not responsible for any automatic filtering you or your network provider may apply to email notifications and Speeks send to the email address you provide them with.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by the City Court of Stockholm. Swedish Law is applicable.
Speeks shall not be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers.
This Agreement (including the Registration Form) constitutes the entire understanding of the parties with respect to its subject matter, and supersedes all prior or contemporaneous written and oral communications, understandings or agreements with respect to its subject matter. No waiver of any provision of this Agreement, or of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
You shall have no right to assign this Agreement or any of your obligations hereunder. Speeks may assign this Agreement and any of its rights hereunder to third parties.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
14. Agreement and Amendments
By completing the registration process, and/or using the App Service, you represent that you are 13 years old or older, are authorized (by yourself, parent or authorized guardian to bind any legal entity that you represent, and agree to all of the terms in this Agreement. You may print and keep a copy of this Agreement.
Speeks reserves the right, in its sole discretion, to modify or change this Agreement at any time by posting the changes to the Site. Your continued use of the Site or App Service following the posting of such changes constitutes acceptance of those changes.