- 1. ACCOUNT TERMS:
1.1 To access the language courses on www.speakalley.com you must register for an account.
1.2 You must provide your legal full name, a valid email address and password and any other information requested in order to complete the signup process.
1.3 Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
1.4 You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.5 You agree to: a) use your account individually and not share it with others; and (b) immediately notify us in writing of any unauthorized use of your password or account or any other breach of security; (c) provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form; and (d) maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.
1.6 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
1.7 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.8 You can modify data that you have entered into the Service at any time by accessing your account and going to "Settings”.
1.9 We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
- 2. ACCEPTANCE OF TERMS:
2.1 By accessing or using the Site, you (“you”) confirm that you agree to be bound by these Terms of Service. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.
2.2 If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.
- 3. DESCRIPTION OF SERVICE:
3.1 The Service is web-based and allows users that register for an account on the Service (each a "User") to create and update an online profile on the Site (“Profile”). Each User that has registered with the Service receives his or her own Profile on which to post "User Content".
3.2 Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
- 4. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS:
4.1 A valid payment method is required for paying accounts. Free accounts are not required to provide a payment method.
4.2 If you initially signed up for a Basic, Plus or Premium account, and are not satisfied at any time during the first 30 days, you are entitled to receive a full refund of your membership fee.
4.3 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4.4 For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
4.5 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
- 5. USER CONTENT:
5.1 All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted uploaded, emailed or transmitted via the Service by Users ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. We accept no responsibility at all for any User Content that any User uploads, posts, emails, transmits or otherwise makes available via the Service. We do not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
5.2 You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service.
5.3 You acknowledge that we do not monitor User Content, but that we shall have the right (but not the obligation) in its sole discretion to refuse, move or delete any User Content that is available via the Service that breaches the Terms of Service or is otherwise (in our sole discretion) objectionable.
5.4 We do not claim ownership of the User Content. By submitting User Content to the Service, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing and promoting your Profile within the Service at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in respect of User Content which provides comments on the Service (whether in your Profile or not), for the purpose of marketing the Service to third parties. If you don’t want us to display your User Content anymore, you can delete your account at any time and your information won’t be visible to other users. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). You also acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile.
5.5 In addition, we hereby grant you a personal, non-exclusive, non-sub licensable worldwide license to access and view User Content of other Users within the scope of your normal use of the Service whilst you have an active account.
- 6. BEHAVIOUR ON THE WEBSITE:
6.1 You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree not to use the Service to:
a) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a www.speakalley.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
d) use the Service as a forwarding service to another website;
e) forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
f) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships);
g) upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights or confidentiality rights of any party;
h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
k) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l) "stalk" or otherwise harass any other Users;
m) collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
n) promote other sites or services which are not related with the Service offered by us.
o) You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service or the Paid Services Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of www.speakalley.com, its Users and the public.
- 7. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES:
7.1 The Site may contain third-party owned content and links to other websites ("Linked Sites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of www.speakalley.com, and www.speakalley.com is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. We may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by us in favor of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.
- 8. ADVERTISERS:
8.1 Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
8.2 You understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that www.speakalley.com has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by us on your Profile are subject to change at any time at our discretion.
- 9. CANCELLATION AND TERMINATION:
9.1 You can cancel your account and your use of the Service at any time using the cancel function within the “Settings” section of your Profile. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by us. However, you acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile. We accept no liability for such deletion of information or content.
9.2 You agree that we may terminate your account if (i) we have reasons to believe that you have breached or acted inconsistently with the Terms of Service. Following such a termination, we may remove and discard any of your User Content within the Service (including, but not limited to your Profile), and may also terminate any contracts, verbal or written or assumed, in conjunction with your deleted profile.
9.3 We reserve the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that we shall not be liable to you or to any third party for any modification or discontinuance of the Service.
- 10. RESALE OF SERVICE:
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of www.speakalley.com.
- 11. INTELLECTUAL PROPERTY RIGHTS:
11.1 You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content (“Content”) belong to us and its licensors and that, except for the limited license rights granted to you, www.speakalley.com and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, trademarks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
11.2 Subject to your compliance with these Terms of Service, we grant you a limited, personal, non-transferable, non-sub licensable, worldwide and non-exclusive license to use the Site, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with these Terms of Service and any other written or other instructions of www.speakalley.com (including any instructions or parameters set down by us within or as part of the Site or the Service).
11.3 Your license to use the Software is restricted to use of the object code of the Software, and it is a condition of such license that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.
11.4 Without prejudice to clause 11.1, you agree:
a) not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by us for use in accessing the Service; or
b) except as expressly authorized by us or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- 12. TRADEMARKS:
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress, and may not be copied, imitated or used, in whole or in part, without the prior written permission. You acknowledge that the Trademarks used and displayed on this Site are and shall remain our sole property or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
- 13. INDEMNITY:
You agree to indemnify and hold www.speakalley.com, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.
- 14. GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that we may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that we reserve the right to delete accounts that are inactive for a period of more than 12 months.
- 15. DISCLAIMERS OF WARRANTY:
WE PROVIDE THE SERVICE AND PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO:
(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE;
(B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE;
(C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER;
(D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- 16. LIMITATION OF LIABILITY:
16.1 AS A CONDITION OF USING THE SERVICE AND PRODUCTS, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY DOMAIN NAME, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH:
(A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE;
(B) THE CONTENT OF ANY MESSAGE OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN;
(C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND DOMAIN NAME'S REASONABLE CONTROL. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
16.2 IN ANY EVENT, DOMAIN NAME'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO US BY THE CLAIMANT, AND (B) $1,000,000.
16.3 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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 17. GOVERNING LAW AND JURISDICTION:
The Terms of Service and the relationship between you and us shall be governed by the laws of Chennai,India without regard to any conflict of law provisions of any jurisdiction. You and www.speakalley.com agree to submit to the exclusive jurisdiction of the Chennai,India courts, except that we may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.
- 18. THIRD PARTY RIGHTS:
No person other than you shall have any rights under these Terms of Service in relation to your access and/or use of the Site, the Service and/or the Content other than you and us, provided that www.speakalley.com’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.
- 19. WAIVER AND SEVERABILITY OF TERMS:
The failure of www.speakalley.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
- 20. MODIFICATION:
This Agreement may be supplemented, amended, or modified unilaterally at any time for any reason by us. Any supplement, amendment, or modification of this Agreement shall be binding at the time of updating, posting, or otherwise providing public notice on.
- 21. ENTIRE AGREEMENT:
You agree that these Terms of Service represent the entire understanding between you and www.speakalley.com in respect of your relationship with us as a User. These Terms of Service supersede any previous agreements between you and us including any previous version of these Terms of Service.
- 22. CONTACT:
22.1 Please contact us for any question you might have or report any breaches of the Terms of Service under
22.2 We may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the website.