Privacy Policy & Terms of Use

Privacy Policy SPKN CORP.

Effective Date: January 1, 2022

This privacy policy (“Privacy Policy”) applies to all information gathered by SPKN CORP., a Colorado non-profit corporation seeking 501c3 status (“SPKN,” “we,” “us,” “our,” etc.), from users (“User(s),” “you,” “your,” etc.) of www.SPKNmedia.com and any related website(s), platform(s), and/or application(s), mobile or otherwise, to the extent applicable (collectively, the “Site”). This Privacy Policy applies only to the Site. It does not apply to any third-party services linked to the Site, to the extent applicable, or offline activities related to the Site.

We urge you to read this Privacy Policy in its entirety so you will understand all of the practices and procedures we follow relating to your online privacy. In this Privacy Policy, we will inform you about the type of information that is collected about you on the Site, how it is collected, what it will be used for, and to whom it will be given. This Privacy Policy is incorporated into our Terms of Use (“Terms”) and certain capitalized terms are defined in the Terms.

We may need to update this Privacy Policy to keep pace with changes in the Site, our business and the law, however, we always strive to maintain our commitment to respect your privacy. We will post any revisions to this Privacy Policy, along with their effective date, in an easy to find area on www.SPKNmedia.com, and we recommend that you periodically check back here to stay informed of any changes.

This Privacy Policy does not apply to the practices of any third-party services, such as Facebook, Instagram, or Twitter, that you elect to access or monitor through the Site (the “Supported Platforms”) or to any software or applications developed by third parties that we do not own or control (“Third-Party Apps”). As an example, the Privacy Policy does not cover any information or other content you can view via the Site on Supported Platforms (but which was not posted there using the Site) or information you provide to Third-Party Apps accessed via the Site. While we attempt to facilitate access only to those Supported Platforms and Third-Party Apps that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of any Supported Platforms or Third-Party Apps. We encourage you to carefully review the privacy policies of any Supported Platforms or Third-Party Apps you access via the Site.

This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING PRIVACY POLICY TERMS, DO NOT ACCESS THE SITE.

General
This Privacy Policy applies to your personal information when:

you use the Site;
you contact us via the Site/email/phone/live chats/etc.;
you provide us with your personal information in any other way (e.g. through webinars, user conferences, feedback sharing, requests to evaluate your assets, etc.); and/or
we contact you about our new commercial offers, updates to our products, white papers, newsletters, content, and events.

This Privacy Policy also explains your rights with respect to personal information we collect about you and how we protect your personal information. The personal information collected by SPKN is controlled by SPKN. If you have any questions or concerns about how your information is handled, please direct an inquiry to us at support@SPKNmedia.com. By accessing and using the Site, you signify acceptance to the terms of this Privacy Policy. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below.

Information You Provide to Us

We collect information from you when you contact our support services or contact us via e-mail, telephone, post, live chat or contact forms.

When you submit a support request or fill out and submit a contact form, we may ask you for the following information: your first and last name, your email address, your phone number, and your address. Also, when you submit the request or fill out the form, we will collect your IP address in order to identify your location. We may request a copy of your driver’s license or any other form of identification, including without limitation, your passport, bank statement, utility bill, tax document, or any other documents that we deem necessary for your identification.

Information We Collect from You

We gather certain information and store it when you interact with our Site. This information includes internet protocol (IP) addresses as well as your date/time stamp. We may share your information with certain third parties selected by us to help support our operations. These include, for example, service providers that help us analyze web traffic, send emails, and track customer support requests.

Payments

We may provide paid products and/or services within the Site. In that case, we use a third-party payment processor, Stripe for payment processing. We will not store or collect your payment card details. Your payment card details are transmitted directly to Stripe whose use of your personal information is governed by their privacy policy. Stripe adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, and PCI-DSS requirements help ensure the secure handling of payment information. To learn more about Stripe’s privacy practices, please review Stripe’s privacy policy located at https://stripe.com/privacy.

Cookies and Related Technologies

We use tracking technology (“cookies”) in our Site. By visiting or using the Site you agree to the use of cookies in your browser and HTML-based emails. Cookies are small text files placed on your device when you visit a website, in order to track use of the website and to improve your user experience.

Session Cookies

The Site uses “session cookies”, which improve your user experience by storing certain information from your current visit on your computer or mobile device, such as log-in information. These enable us to remember your log-in session so you can move easily within the Site. These session cookies have limited functionalities and expirations, and you will be required to re-enter your log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related personal information.

You may at any time opt-out of the automatic collection of data by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

Disclosure of Information

Information collected by us may be transferred to our corporate affiliates or our subcontractors. We may share your personal information in a manner consistent with this Privacy Policy, and if we or our assets are acquired or transferred in part or whole to another person or entity, your information and any other information we have collected may be among the items transferred. We may make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. You hereby acknowledge that we shall have the right to investigate you in such event. We may also disclose your personal information when we have a good faith belief that (i) we are required to do so by law, or in response to a subpoena, court order, or other legal requirement, or (ii) it is necessary to: detect, prevent, and/or address fraud and other illegal activity; to protect ourselves, you, and others, including as part of investigations.

Data Management and Security

The personal information that you provide to us is stored on servers with restricted access. In addition, we restrict access to personal information to our employees who need to know this information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. AS A RESULT, WHILE WE STRIVE TO PROTECT USER INFORMATION, WE CANNOT ENSURE, GUARANTY, OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THROUGH THE USE OF THE SITE AND YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE SUCH INFORMATION AND ENGAGE IN SUCH TRANSMISSIONS AT YOUR OWN RISK. ONCE WE RECEIVE A TRANSMISSION FROM YOU, WE WILL ENDEAVOR TO MAINTAIN ITS SECURITY ON OUR SYSTEMS. YOU MAY MODIFY YOUR PERSONAL INFORMATION YOU HAVE DISCLOSED TO US BY CONTACTING US VIA THE CONTACT FORM ON OUR SITE.

As mentioned herein above, this Privacy Policy does not cover the information practices of third-party websites linked to the site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. When you have clicked on a third-party logo or URL displayed on our Site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

Some advertisements may be served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Children’s Information

The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

If you believe that we might have inadvertently collected information from a child under 13 without parental consent, please contact us at support@SPKNmedia.com.

Jurisdiction and Data Storage

Please be aware that content submitted to us will be transferred to a data center in the United States. If you post information to the Site you are confirming your consent to such information being hosted and accessed in the United States. Privacy laws or regulations in your country may differ from those in the United States, where we operate from and whose laws govern this Privacy Policy. BY ASSESSING THE SITE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMIT, FOR YOURSELF AND YOUR PROPERTY, TO THE EXCLUSIVE JURISDICTION OF ANY COLORADO STATE COURT OR FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN COLORADO, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR ACCESS AND/OR USE OF THE SITE OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COLORADO STATE OR, TO THE EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT.

Applicable Law & Legal Effect

This Privacy Policy is subject to all applicable US state and federal law regarding privacy and information sharing. California Civil Code Section § 1798.83 permits users of our Site that 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 e-mail to support@SPKNmedia.com. We use good faith efforts to adhere to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information.

Residents of California:

You have the right to ask us not to process your personal information for marketing purposes. You can do this at any time clicking on the “unsubscribe” link in any email we send you. You can also opt out of marketing by emailing support@SPKNmedia.com.

Data protection law gives you the right to access your personal information, to object to the use of your personal information for certain purposes, and the right to erase, restrict or receive a machine-readable copy of your personal information. You may contact us regarding your personal information, and in compliance with our obligations under applicable data protection laws, we will treat your personal information accordingly.

You can access, update and delete your information by emailing us at support@SPKNmedia.com or contact us by mail at SPKN CORP., 26070 E. Euclid Drive, Aurora, Colorado, 80016.

Customers who exercise their right under state privacy laws will not be discriminated against. This Privacy Policy constitutes our privacy notice to you under such applicable law. Your access and/or use of the Site is permitted only on condition of your agreement with this Privacy Policy. This Privacy Policy does not extend to any website other than our Site, including any website or service you may access by clicking on our Site’s links, or any other party’s use of your personal information other than us. We reserve the right, in our sole discretion, to modify, discontinue, or terminate any element of the Site or to modify this Privacy Policy at any time, without notice to you. Any modifications will be effective as of the date of its posting to our Site. Your continued use of our Site thereafter constitutes your assent to such revised privacy policy.

Personal Information Protection and Electronic Documents Act (PIPEDA)

This section shall be expressly limited to Individuals. “Individuals”, subject to and as set forth in PIPEDA, have several rights under PIPEDA:

We limit the scope of the data we collect to only what is necessary. We collect information for the following reasons:

To present our Website and its contents to you.

To provide you with information, products, or services that you request from us.

To fulfill any other purpose for which you provide it.

To provide you with notices about your account, including expiration and renewal notices.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Website or any products or services we offer or provide though it.

To allow you to participate in interactive features on our Website.

In any other way we may describe when you provide the information.

We limit the use, disclosure and retention of collected data. We ensure the accuracy of the data we collect to the best of our knowledge.

We obtain consent for collection, use, or disclosure of personal information.

Individuals hold the right to access, update and delete their personal data. You can access, update and delete your information or submit additional inquires by emailing our Privacy Official at support@SPKNmedia.com or contact us by mail at SPKN CORP., 26070 E. Euclid Drive, Aurora, Colorado, 80016.

General Data Protection Regulation (“GDPR”)

This section shall be expressly limited to Data Subjects. “Data Subjects”, subject to and as set forth in the GDPR, have several rights under the GDPR:

Right of Access. A Data Subject has the right to obtain confirmation if the Data Subject’s personal information is being processed by us. If that is the case, a Data Subject can access the Data Subject’s personal information and the following information:

the purposes of the processing;
the categories of personal information;
to whom the personal information has been or will be disclosed; and/or
the envisaged period for which the personal information will be stored, or the criteria used to determine that period.
If a Data Subject would like to have a copy of the Data Subject’s personal information from us, we will provide it if

the Data Subject proves the Data Subject’s identity, and
it will not adversely affect the rights and freedoms of others. The first copy will be provided for free, for any further copies we may charge a reasonable fee based on administrative costs.

Right to Rectification. A Data Subject has the right to demand that we correct without undue delay the Data Subject’s personal information which we have in our systems if it is inaccurate or incomplete.
Right to Erasure/Right to Be Forgotten. A Data Subject has the right to demand that we erase the Data Subject’s personal information, and we shall erase it without undue delay where one of the following grounds applies:

this personal information is no longer necessary in relation to the purposes for which it was processed;
the Data Subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
the Data Subject objects to the processing and there are no overriding legitimate grounds;
the Data Subject’s personal information has been unlawfully processed; or
the Data Subject’s personal information has to be erased for compliance with a legal obligation.

Right to Restrict Processing. A Data Subject has the right to restrict us in the ability of processing of the Data Subject’s information where one of the following applies:

the Data Subject contests the accuracy of the Data Subject’s personal information and we verify it;
the processing is unlawful and the Data Subject wants to restrict it instead of erasure;
we no longer need the Data Subject’s personal information, but the Data Subject needs it for establishment, exercise or defense of legal claims; or
the Data Subject has objected to processing and we verify whether legitimate grounds override the Data Subject’s request.

Right to Data Portability. A Data Subject has the right to receive the Data Subject’s personal information which the Data Subject provided to us in a structured, commonly used and machine-readable format and has the right to transmit such data to another company, where:

the processing is based on the Data Subject’s consent or on a contract; and
the processing is carried out by automated means.
Where technically feasible, a Data Subject can demand that we transmit such data directly to another company.

Right to Object. A Data Subject has the right to object to the processing of the Data Subject’s personal information based on legitimate interests. Upon such objection, we will no longer process the Data Subject’s personal information unless we demonstrate compelling legitimate grounds for the processing or for the establishment, exercise or defense of legal claims. Where personal information is processed for direct marketing purposes, a Data Subject has the right to object at any time to the processing of the Data Subject’s personal information for such marketing.
Automated Individual Decision-Making, Including Profiling. A Data Subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on the Data Subject. Please note that we don’t make any automated decisions including profiling based on information that we have about a Data Subject.
Right to Withdraw Consent. A Data Subject has the right to withdraw the Data Subject’s consent for processing of the Data Subject’s personal information at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Right to Lodge a Complaint. A Data Subject has the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of the Data Subject’s residence, place of work, or place of the alleged infringement if the Data Subject deems that the processing of the Data Subject’s personal information infringes GDPR.
Breach Notification. If a breach/unauthorized access of personal information takes place that is likely to “result in a risk for the rights and freedoms of Data Subjects”, we will notify the necessary EU supervisory authority within 72 hours of becoming aware of the breach.

CONTACT

If you have any questions about this Privacy Policy, please contact us at support@SPKNmedia.com.

SPKN CORP., a Colorado non-profit corporation (“we,” “us,” “our,” www.SPKNmedia.com” etc.) owns and operates the www.SPKNmedia.com website and/or mobile application services and the related website(s), to the extent applicable (collectively, “Service”) that you (“you,” “your,” etc., collectively, “Users”) have accessed and are using. Your use of the Service is subject to the terms and conditions set forth in these Terms of Use (this “Agreement” or these “Terms”). These Terms govern your use of the Service whether or not you are a registered user. These Terms also include our Privacy Policy and any and all other policies we may publish on or through our Service, all of which are incorporated herein by reference. These Terms constitute a legally binding agreement by and between you and us. By accessing or using the Service, you accept these Terms and agree to the provisions, terms, conditions, notices, and disclaimers contained or referenced herein whether or not you become a registered user.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON OR THROUGH THE SERVICE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.

LICENSE

We hereby grant you a limited, personal, non-exclusive, revocable license to use and/or download and install our Service on your device, subject to the Terms of this Agreement. You may not: (i) transfer or sublicense the Service to anyone else; (ii) copy, modify, or distribute our Service; (iii) reverse engineer, decompile, or create derivative works of the Service; (iv) use more than one account per individual; or (v) use the Service in any unlawful manner or in a manner inconsistent with these Terms. For more information regarding the proper use of our Service, see the section below entitled “General User Conduct.”

YOUR IDENTITY

You may not create or use an account on the Service for anyone other than yourself and your family. You may not let others use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current. We will only disclose your identity to third parties in accordance with our Privacy Policy at https://watch.spknmedia.com/privacy-policy.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the Settings in the Service. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from us. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You hereby warrant that: all information that you provide us is true and accurate; You will only use the Service in accordance with these Terms; You will not use the Site or Service in violation of any Federal, State or local law, rule, ordinance or governmental regulation; and, You will only install and/or access the Service on computers and mobile devices for which you are the authorized owner.

GENERAL USER CONDUCT

You are solely responsible for all media and content you and/or your children upload to the Service, including without limitation ensuring the veracity thereof and obtaining the legal permission to so disclose such content. Your uploading of all such content must be in compliance with applicable law and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of the Service. We may refuse Service to you for any lawful reason or for no reason.

You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for Internet and business etiquette. For example and without limitation, while using the Service you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of us or any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service unlawfully to transmit, distribute, post, or submit any private information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email or advertisements; (g) use our Service to stalk, harass, or track the whereabouts or activities of any other individual without the individual’s knowledge or consent; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; (m) collect or compile information from our Service using any manual or automated means; or (n) assist or facilitate any third party in doing any of the foregoing.

Furthermore, you may not use the Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding us and/or the Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

PRIVACY

We respect your privacy during your use of our Service. Use of the Service is governed by our Privacy Policy at https://watch.spknmedia.com/privacy-policy.

MOBILE SOFTWARE

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for the account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that we may from time-to-time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. The following applies to any Mobile Software you acquire from Google Play: https://play.google.com/intl/en_us/about/play-terms.html, and is incorporated by reference herein. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and us acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.

SOCIAL NETWORKS

The Service may include features that operate in conjunction with certain third-party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for us to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third-party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third-party websites which could result in the termination of your account and ability to access these third-party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

MINORS

Our Service is intended for persons having the legal capacity to be bound by these Terms or acting with the express or implied consent of their parent or legal guardian. By using our Service, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register as a parent profile or account and use the Service under any circumstances. The Service is not a substitute for oversight and supervision by the minor’s parents or legal guardians and should not be construed as a preventative measure in any manner.

REGISTRATION

In order to use the Service, you must register an account. In order to register, you must be at least 18 years of age. During registration, you will be asked to provide certain personal information, including, without limitation, your email address. You must provide full and accurate information. By registering an account, you consent to our use and storage of your personal information and automatically collected information, as governed by our Privacy Policy at https://www.SPKNmedia.com/privacy-policy.

In accordance with the Child Online Protection Act, by registering an account for a child under the age of 13, you agree, consent to, and authorize our collection, use, and disclosure of the child’s personal information in accordance with these Terms and the Privacy Policy at https://www.SPKNmedia.com/privacy-policy.

By registering an account, you warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor.

USER CONTENT

By submitting any content (“User Content”) to or through our Service, you represent and warrant to us that such content is true and correct in all respects, that you have the right to so submit such content, and that our use of your content as described on the Service will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. You will indemnify us for any breach of this warranty. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Service. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby do and will grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights in and to your content, in any media now known or not currently known, in any manner incident to our operation of the Service as it pertains to your content. However, you acknowledge that any questions, comments, ideas, suggestions, or other feedback you provide us are not confidential and shall become our sole property.

Unless otherwise set forth herein, we do not claim ownership of any materials you make available through the Service. At our sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Service, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section.

While the User Content you create remains yours by sharing User Content through the Service (unless otherwise set forth herein), you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service.

You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, offensive relative to race, ethnicity, gender, religion, sexuality, or ablism, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

B. Your User Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.

LICENSED EDUCATIONAL CONTENT

Unless indicated as being in public domain or otherwise, all educational videos and exercises provided on or through the Service by SPKNmedia.com and all educational, user-readable source code made available to you by SPKNmedia.com (collectively, the “Educational Content”), is the property of SPKNmedia.com. The Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, the educational content may not be used, distributed, communicated or broadcast or otherwise exploited for “commercial advantage or private monetary compensation” unless otherwise agreed in writing by SPKNmedia.com. This restriction includes the broadcasting of the educational content within a classroom. The following are types of uses that SPKNmedia.com expressly defines as uses for “commercial advantage or private monetary compensation”: (a) the sale or rental of (i) any part of the Educational Content, (ii) any derivative works based at least in part on the Educational Content, or (iii) any collective work that includes any part of the Educational Content; (b) the sale of access or a link to any part of the Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Educational Content, or such part thereof, is available via the Service free of charge; (c) providing training, support, or editorial services that use or reference the Educational Content in exchange for a fee; and (d) the sale of advertisements, sponsorships, or promotions placed on the Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Educational Material, including, without limitation, any “pop-up advertisements”. Whether a particular use of the Educational Content is “non-commercial” depends on the use, not the user. You are required to attribute to SPKNmedia.com in association with your use of the Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Educational Content, you must also provide the following notice prominently along with the Educational Content: “SPKNmedia.com content is available for free at SPKNmedia.com”

ADVERTISEMENTS

By registering for and using the Service, you accept that we reserve the right to send you advertisements and offers for other products and services via in-app messaging, text message and the email address you provide. To opt-out of all further contact initiated by us, email at any time at support@SPKNmedia.com.

LINKS TO OTHER SITES

The Service may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.

PROPRIETARY RIGHTS

You agree that all content and materials available on our Service are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for information in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, print, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service.

You agree not to use of any of our trademarks as material on other web sites. You agree not to display any of our Service in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at support@SPKNmedia.com. You may, however, establish ordinary links to the homepage and other major sections of our Service without our written permission.

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

OWNERSHIP OF DATA

You hereby confirm that you own all exclusive rights to any data and content (the “Content”) that you provide to the Service and may assign in license such rights. You keep all title and rights to the Content, but you grant us a worldwide, free, non-exclusive, irrevocable, sub licensable, transferable and perpetual license to use, copy, distribute, create derivative works of, publicly display, publicly perform and exploit in any other manner the Content. Subject to the aforementioned, the Company keeps title and all rights to the Service’s database.

PASSWORD

You will select a password when completing the registration process. You are solely responsible for maintaining the confidentiality of your password and are solely responsible for all activities that occur under your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the security of your password. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your password is being used by someone other than you, or for any other reason.

PAYMENT TERMS; FEES

SPKNmedia.com may now, or in the future, charge fees for access to and use of the Service, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service. You may be asked to supply certain information relevant to your Fees including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY USE OF THE SERVICE. By submitting such information, you grant to us the right to provide such information to third parties (the “Payment Processor”) for purposes of facilitating the payment of Fees (“Transaction”). Verification of information may be required prior to the acknowledgment or completion of any Transaction. Use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. We may change our subscription plans and the price of the Service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you. The Fees are billed in advance on an annual basis and is non-refundable and will continue and auto-renew annually until you cancel your subscription with us in writing. You can cancel your subscription to SPKNmedia.com at any time by emailing support@SPKNmedia.com or selecting cancel subscription’ from your dashboard. You can choose to cancel immediately (in which case your account will be cancelled with immediate effect and no money will be reimbursed) or to cancel at the end of the current billing period (in which case you will continue to have access to the service through the end of your current billing period). To the extent permitted by the applicable law, Fees are non-refundable and we do not provide refunds or credits for any partial-month membership periods or non-completed courses. To cancel your subscription, log into your account and go to your profile. To see when your account will close, look at the billing details on your profile page.

TERMINATION

You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service.

Your account will continue to be in effect and you will continue to be billed in the manner previously specified, if you have selected a paid subscription service, with each renewal period until and unless you cancel your account. To voluntarily terminate your access to the Service at any time, you may cancel your account on your account page, or by emailing us at support@SPKNmedia.com. If for some reason you wish to terminate your account but you cannot access the Site to do so, you may terminate your account by sending us written notice of termination at support@SPKNmedia.com. Please allow 30 days for termination to take effect. Your account with us, and this Agreement, shall automatically renew on a periodic basis unless earlier terminated in accordance herewith. If you choose to terminate your account with us, you will not receive a refund for the most recently charged fees.

DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

We have the right to: (i) remove or refuse to post any User contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and, (v) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

CUSTOMER SERVICE

We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or offensive relative to race, ethnicity, gender, religion, sexuality, or ablism, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Service.

REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; and (b) your use of our Service will not violate any law and/or any of these Terms.
You further represent and warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS NOT A SUBSTITUTE FOR OVERSIGHT AND SUPERVISION BY THE MINOR’S PARENTS OR LEGAL GUARDIANS AND SHOULD NOT BE CONSTRUED AS A PREVENTATIVE MEASURE IN ANY MANNER.

B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE.

D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

NON-MEDICAL ACKNOWLEDGEMENT; DISCLAIMER

The Service is for informational purposes only and does not provide medical advice. The Service may offer health related information, but is designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Service and no assurance can be given that the information contained in the Service will always include the most recent findings or developments with respect to the particular material. Your access or use of the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Service. If you rely on any of the information provided by this Service, our employees, or guests or visitors to the Service, you do so solely at your own risk.

LIMITATION OF LIABILITY

A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFESSIONALS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SERVICE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.

C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF FIVE DOLLARS ($5.00).

D. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SERVICE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.

E. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

F. IN NO EVENT SHALL WE, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.

INDEMNITY; RELEASE; WAIVER

You agree to defend, indemnify, and hold harmless us and our subsidiaries, corporate parents, affiliates, and each of our and their directors, officers, managers, members, partners, representatives, agents, assigns, and employees from and against each and every claim, demand, action, damage, loss, cost, and expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your or your children’s use of our Service or alleging facts or circumstances that could constitute a breach by you and/or your children of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In the event of a dispute between you and any other user of the Service, you hereby release us and our affiliates (and us and their officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive any and all claims you may have against us, our clients, and our other customers of the Service in connection with our and their use of the Service not constituting a breach hereof.

COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, send us your notice of infringement at support@SPKNmedia.com.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

If a User has any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:

SPKN CORP.
26070 E. Euclid Drive
Aurora, Colorado, 80016

Email: support@SPKNmedia.com

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Service (“Infringing Material”), and information reasonably sufficient to permit us to locate such material on the Service;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or, if multiple copyrighted works at a single site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (User shall be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

USER DISPUTES

You are solely responsible for your interactions with other users of our Service or with the children you are monitoring. We reserve the right, but have no obligation, to monitor interactions between you and other users.

GOVERNING LAW; VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, including its provisions of the Uniform Commercial Code, without regard to choice or conflicts of law principles. These Terms shall be deemed to have been entered into at the State of Colorado, U.S.A., regardless of the residency or place of business of the User.

EXCLUSIVE JURISDICTION

THE USER HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF ANY COLORADO STATE COURT OR FEDERAL COURT SITTING IN COLORADO, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS. THE USER AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

EXPORT REGULATIONS

User acknowledges that certain technology of ours may be subject to application export control and sanction laws, regulations, and orders. User certifies, represents, and warrants that it is in compliance and shall take all necessary acts to remain in compliance with all applicable export and re-export control laws and regulations, including, without limitation, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions and regulations maintained by OFAC (defined below), and the International Traffic in Arms Regulations maintained by the U.S. Department of State. User hereby agrees to defend, indemnify and hold us harmless from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.

GENERAL PROVISIONS

These Terms contain the entire understanding between you and us regarding the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. You and we are independent contractors only, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby.

CONTACT

If you have any questions about these Terms, please contact us at support@SPKNmedia.com.

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