PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES.
1. Your Relationship with Speckly
The web pages available at the Speckly domain, www.speckly.com, any other Speckly domain, and all linked pages of Speckly domains ("Website"), services and software, are owned and operated by Speckly, a California business, and is accessed by you under this Terms of Service described below ("Terms of Service").
2. ACCEPTANCE OF TERMS
YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS BY: (A) CLICKING TO ACCEPT OR AGREE TO THE TERMS, WHEREVER THE OPTION IS MADE AVAILABLE IN THE SERVICE USER INTERFACE, OR (B) ACCESSING THIS WEBSITE OR USING ANY PART OF THE WEBSITE OR ANY CONTENT OR SERVICES ON THE WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY SERVICES IN THE WEBSITE
3. Additional Terms
This Terms of Service also incorporates Legal Notices and other terms ("Additional Terms") by reference herein, or by reference from the Additional Terms. The Additional Terms may be in a separate written agreement or in the Service user interface. In the event of conflict of terms and conditions, the most recently dated Additional Terms shall be controlling.
4. Description of Service
Subject to full compliance with the Terms of Service, Speckly may offer to provide certain software, services and content, as described more fully on the Website, ("Services"). Services shall include, but not be limited to, any service and content Speckly performs for you, as well as the offering of any materials displayed or performed on the Website ("Content"). The Content includes, but is not limited to text, user comments, information, data, graphics, articles, photographs, illustrations, software, audio clips and video clips.
5. Change, Suspension or Discontinuance of Service
Speckly may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content without notice or liability. In addition, Speckly may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
6. Service Availability
Speckly will do all within reason to ensure its Services are available to you. However, due to the complex nature of the Service and external factors outside or Speckly's control, but not limited to, browser version, computer operating system, hardware failure, and the communication failure or degradation, which is outside of Speckly control, Service availability may be interrupted. In the event of Service interruption, Speckly will do all within reason to resume its Services. Speckly shall not be liable for any failure to perform its obligations hereunder.
7. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Speckly.
By way of example, and not as a limitation, you agree not to use the Services:
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website; with the intention of artificially inflating or altering counts, comments, or any other Speckly service, including by way of creating separate user accounts for the purpose of artificially altering Speckly's services; giving or receiving money or other remuneration, or participating in any other organized effort that in any way artificially alters the results of Speckly's services.
Speckly may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: abuse (at) speckly (dot) com
8. Content Submitted or Made Available for Inclusion on the Service
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Website or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at www.creativecommons.org/licenses/publicdomain.
9. Links
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Speckly has no control over such sites and resources, you acknowledge and agree that Speckly is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Speckly 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 Content, goods or services available on or through any such site or resource.
10. Copyright Complaints
Speckly respects the intellectual property of others. Speckly will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Speckly's current copyright policy is available at www.speckly.com/dmca (the "DMCA Policy"), which is incorporated by this reference.
11. Privacy Policy
Speckly's current privacy policy is available at www.speckly.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
12. Indemnification
You will indemnify and hold harmless Speckly and its parents, subsidiaries, affiliates, directors, officers, employees, customers, vendors, and agents from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, violation of the Terms of Service by you, or the infringement by you, of any intellectual property or other right of any person or entity.
13. WARRANTY DISCLAIMERS
You acknowledge that Speckly has no control over, and no duty to take any action regarding: which users gain access to the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Speckly from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Speckly makes no representations concerning any content contained in or accessed through the Website, and Speckly will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL SPECKLY OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE WEBSITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Termination
Speckly may terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination, your right to use the Services will immediately cease. You may terminate your use by simply discontinuing use of the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Intellectual Property
Speckly and other Speckly graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Speckly in the U.S. and/or other countries. Speckly's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Speckly icon pack may used by partner and third party sites in connection with providing appropriate trademark or trade dress with links to the Website.
17. Modifications
Speckly reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. For a "material change" which shall be determined at Speckly's sole discretion, Speckly will provide reasonable notification. You shall be responsible for reviewing and becoming familiar with any modifications. Use of the Services by you following any modification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
18. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Speckly in any respect whatsoever.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service is not assignable, transferable or sublicensable by you except with Speckly's prior written consent. Speckly may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.
The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of Santa Clara County and the United States District Court for the Northern District of California.
Last modified: June 4, 2008