Updated June 19, 2019
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by CHICKEN, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a CHICKEN account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.
1. Your CHICKEN Account.
To use CHICKEN, you’ll need to create an account, either via CHICKEN or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your CHICKEN account.You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account, whether or not you authorized that activity. You must immediately notify CHICKEN of any unauthorized uses of your account, or any other breaches of security. CHICKEN will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Customer Content.
By using CHICKEN, you provide us with text, images, and other information (“Customer Content”). You retain full ownership of Customer Content - what belongs to you stays yours.You can remove Customer Content by deleting it. However, in certain instances, some of the Customer Content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of Customer Content, or the failure to remove or delete such content.You are solely responsible for Customer Content and indicate that you own or have the necessary rights to all of Customer Content, and that use of Customer Content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. Responsibility of Visitors.
CHICKEN has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, CHICKEN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CHICKEN disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which speakchicken.com links, and that link to speakchicken.com. CHICKEN does not have any control over those non-speakchicken.com websites, and is not responsible for their contents or their use. By linking to a non-speakchicken.com website, CHICKEN does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CHICKEN disclaims any responsibility for any harm resulting from your use of non-speakchicken.com websites and webpages.
5. Copyright Infringement and DMCA Policy.
As CHICKEN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by speakchicken.com violates your copyright, you are encouraged to notify CHICKEN in accordance with the Digital Millennium Copyright Act of 1998. CHICKEN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CHICKEN will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CHICKEN or others. In the case of such termination, CHICKEN will have no obligation to provide a refund of any amounts previously paid to CHICKEN.
6. Intellectual Property.
This Agreement does not transfer from CHICKEN to you any CHICKEN or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with CHICKEN. CHICKEN, speakchicken.com, the speakchicken.com logo, and all other trademarks, service marks, graphics and logos used in connection with speakchicken.com or our Services, are trademarks or registered trademarks of CHICKEN or CHICKEN’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any CHICKEN or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
CHICKEN may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your speakchicken.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” CHICKEN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CHICKEN nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas.
11. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
12. Limitation of Liability.
In no event will CHICKEN, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CHICKEN under this Agreement during the twelve (12) month period prior to the cause of action. CHICKEN shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that your use of our Services. Will be in strict accordance with this Agreement;Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); andWill not infringe or misappropriate the intellectual property rights of any third party.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and CHICKEN reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless CHICKEN, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between CHICKEN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CHICKEN, or by the posting by CHICKEN of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CHICKEN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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