Terms and Conditions of Service
Last updated: 09/07/2018
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to 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.
Our Services are restricted with a limited license to access, transmit information, share and save content (including our or another user’s public content) for your personal and non-commercial use.
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 and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Speak 'N Cook, acceptance is expressly limited to these terms.
1. Speak 'N Cook Service:
Your Account and Data.
To access and use some of our Services you may be required to register a Speak 'N Cook 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 registered information or through your account. You are responsible for keeping your password secure. You must immediately notify Speak 'N Cook of any unauthorized uses of your account, or any other breaches of security. Speak 'N Cook 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.
If you operate an account and through which you transmit information (including but not limited to importing, adding, commenting, updating or deleting data on our Service), or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Service, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Speak 'N Cook for inclusion on your account, you agree that you have personal copyright and / or intellectual property rights, ownership and authorship of the Content. Where this does not apply or is not sufficient, you agree that you have gained appropriate prior written consent from existing authors, owners and copyright holders before storing this Content on our Service. Speak 'N Cook 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. If you remove items of your Content, Speak 'N Cook will use reasonable efforts to remove it from our Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Speak 'N Cook has the right (though not the obligation) to, in Speak 'N Cook’s sole discretion, (i) refuse or remove any content that, in Speak 'N Cook’s reasonable opinion, violates any Speak 'N Cook policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Service to any individual or entity for any reason. Speak 'N Cook will have no obligation to provide a refund of any amounts previously paid.
If you share Content using our Service to other services, which includes, but is not limited to social media networks, blogs or private distribution, you agree that you have personal copyright and / or intellectual property rights, ownership and authorship of the Content. Speak 'N Cook 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.
Access and Availability.
If you lose access to your Speak 'N Cook account and related email address, you may be unable to continue using our service. Whilst we make all reasonable efforts to ensure our Services are accessible, neither Speak 'N Cook nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Speak 'N Cook reserve the right to terminate the service at any point for scheduled or unscheduled maintenance for an unspecified or limitless period of time.
Speak 'N Cook reserves the right to display advertisements to you through our Service unless you have purchased an Ad-free Upgrade.
1. Payment and Renewal.
Optional paid services such as extra storage, additional content or subscription extensions (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Speak 'N Cook the single, monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. All refunds are subject to approval and will be administered through the payment mechanism utilized. Please contact us at email@example.com if you have any questions.
Where available through the payment mechanism, unless you notify Speak 'N Cook before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using the payment mechanism we have on record for you.
If you refund a purchase, cancel a subscription or do not extend an existing subscription beyond your expiry date (as seen in your account), your account will become unlicensed. Speak 'N Cook has the right (though not the obligation) remove any unlicensed Upgrades or Content from our Services.
2. Responsibility of Users and Visitors.
Speak 'N Cook has not reviewed, and cannot review, all of the material and Content posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Speak 'N Cook 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. Speak 'N Cook disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any access by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material and Content made available through the websites and web pages to which our Service links, and that link to our Service. Speak 'N Cook does not have any control over those non-Speak 'N Cook websites, and is not responsible for their contents or their use. By linking to a non-Speak 'N Cook website, Speak 'N Cook 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. Speak 'N Cook disclaims any responsibility for any harm resulting from your use of non-Speak 'N Cook websites, web pages and services.
4. Copyright Infringement.
As Speak 'N Cook 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 our Service violates your copyright, you are encouraged to notify Speak 'N Cook. Speak 'N Cook will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Speak 'N Cook will terminate a visitor’s access to and use of our Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Speak 'N Cook or others. In the case of such termination, Speak 'N Cook will have no obligation to provide a refund of any amounts previously paid to Speak 'N Cook.
5. Intellectual Property.
This Agreement does not transfer from Speak 'N Cook to you, any Speak 'N Cook or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Speak 'N Cook. Speak 'N Cook, The Speak 'N Cook App, the Speak 'N Cook logos, other web domains and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks of Speak 'N Cook. 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 Speak 'N Cook or third-party trademarks. You may electronically copy, screenshot or print to hard copy your Content from our Service for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Speak 'N Cook, is strictly prohibited.
6. Mobile Apps.
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 make reasonable efforts to let you know by placement on our website or applications, or by sending you an email or other communication when these changes take effect. We however encourage you to review our Agreement each time you visit our Services to see if it has been updated since your last use. If you disagree with our changes, then you should stop using our Services immediately and remove all associated data. 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. In the case of such termination, Speak 'N Cook will have no obligation to provide a refund of any amounts previously paid to Speak 'N Cook.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Agreement at any time. This Notice applies exclusively to your access to, interaction with, and use of, our Service and does not alter in any way the terms or conditions of any other agreement you might have with Speak 'N Cook and other products, services, or otherwise.
Speak 'N Cook 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. Speak 'N Cook reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion. If you wish to terminate this Agreement or your 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.” Speak 'N Cook 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 Speak 'N Cook 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 access, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Limitation of Liability.
In no event will Speak 'N Cook, 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 Speak 'N Cook under this agreement during the twelve (12) month period prior to the cause of action. Speak 'N Cook 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.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
11. Linking to this Website
You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
12. Conduct & Exclusions
You must not misuse our Services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Service. Breaching this provision would constitute a criminal offense and the Speak 'N Cook will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any material posted on it, or on any website linked to it.
13. General Representation and Warranty.
14. Force Majeure
In no event will Speak 'N Cook, or its suppliers or licensors be liable for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
You agree to indemnify and hold Speak 'N Cook, 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.
These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Speak 'N Cook and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Speak 'N Cook, or by the posting by Speak 'N Cook of a revised version. 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 United States.
By accessing this website and our associated products, use of our Services and or products you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be detached from these terms and the remaining terms will continue to apply. Failure to enforce any of the provisions set out in this and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions of Service or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
If you have any questions about this Agreement or our other policies and Terms & Conditions, please contact us at firstname.lastname@example.org
The Speak 'N Cook app and all associated websites, apps and relevant media are products of BuzzHustle LLC, 8413 Shoreacres Dr, McKinney Texas 75070. Registered in the United States.