(Last update 8-26-2017)
COPYRIGHT AND TRADEMARK POLICY
Please review our Copyright and Trademark Policy hereinafter, which also governs your visit to our website, to understand our practices.
SZEAK.COM and its owners, employees and associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit SZEAK.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SZEAK.COM’s trademarks and trade dress may not be used in connection with any product or service that is not SZEAK.COM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SZEAK.COM. All other trademarks not owned by SZEAK.COM or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SZEAK.COM or its subsidiaries. LinkedIn(r) and its logos are the property of LinkedIn Corp, Sunnyvale, CA. Szeak.com makes fair use of these logos and trademarks to explain its services, but such fair use is not meant to imply any relationship between Szeak.com and LinkedIn Corp., its parent company, affiliates, employees, or subsidiaries.
LICENSE AND SITE ACCESS
SZEAK.COM grants you a limited license to access and make personal use of this site and not to download (other than page caching, or downloads through download links on this site) or modify it, or any portion of it, except with express written consent of SZEAK.COM. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SZEAK.COM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SZEAK.COM and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SZEAK.COM’s name or trademarks without the express written consent of SZEAK.COM. Any unauthorized use terminates the permission or license granted by SZEAK.COM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SZEAK.COM so long as the link does not portray SZEAK.COM, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SZEAK.COM logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. SZEAK.COM and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SZEAK.COM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SZEAK.COM and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SZEAK.COM and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SZEAK.COM or its associates for all claims resulting from content you supply. SZEAK.COM has the right but not the obligation to monitor and edit or remove any activity or content. SZEAK.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items or services purchased from SZEAK.COM are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the case that the products or services you purchase from SZEAK.COM are electronic in nature (not physical products) risk of loss and title pass upon your download, or first access of such products or services.
SZEAK.COM and its associates attempt to be as accurate as possible. However, SZEAK.COM does not warrant that product and services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by SZEAK.COM itself is not as described, your sole remedy is to return it in unused condition for a refund.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SZEAK.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. SZEAK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SZEAK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SZEAK.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SZEAK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SZEAK.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting SZEAK.COM, you agree that the laws of the state of Utah, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SZEAK.COM or its owners or associates.
Any dispute relating in any way to your visit to SZEAK.COM or to products or services you purchase through SZEAK.COM shall be submitted to confidential arbitration in Salt Lake City, Utah, USA, except that, to the extent you have in any manner violated or threatened to violate SZEAK.COMs intellectual property rights, SZEAK.COM may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You must provide Szeak.com with valid credit card or other payment information to use the Service. SZEAK.COM reserves the right to modify its fees and charges and to introduce new charges at any time.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on SZEAK.COM’s income. If you believe your bill is incorrect, you must contact us in writing within 30 days.
- You agree to update payment information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, SZEAK.COM reserves the right to terminate your access to the Service in addition to any other legal remedies.
- Unless otherwise agreed to by SZEAK.COM, amounts will be billed in U.S. dollars.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SZEAK.COM or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SZEAK.COM, with copyright authorship for this collection by SZEAK.COM, and protected by international copyright laws.
Szeak.com has adopted and implemented the SZEAK.COM Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy hereinafter.
We care about the security of our users. While we work to protect the security of your content and account, Szeak.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
THIRD-PARTY LINKS, SITES AND SERVICES
Our Products and/or content may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SZEAK.COM. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SZEAK.COM, you do so at your own risk and you agree that SZEAK.COM will have no liability arising from your use of or access to any third-party website, service, or content.
TERMINATION OR SUSPENSION
SZEAK.COM may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, your account may be suspended or terminated. Upon termination or suspension of your account, you will continue to be bound by these Terms.
You agree to indemnify and hold harmless SZEAK.COM and its owners, managers, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
SZEAK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SZEAK.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SZEAK.COM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO SZEAK.COM FOR THE PAST TWO MONTHS FOR THE PRODUCTS.
For any dispute you have with Szeak.com, you agree to first contact us and attempt to resolve the dispute with us informally. If Szeak.com has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Szeak.com agree otherwise, the arbitration will be conducted in the Clark County, Nevada. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Szeak.com will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SZEAK.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Salt Lake County, Utah or the United States District Court for Utah, for any actions not subject to Section 11 (Arbitration).
Notification Procedures and changes to these Terms.
SZEAK.COM reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SZEAK.COM without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Szeak.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you are a government agency, these Terms apply to your use.
COPYRIGHT & TRADEMARK POLICY
Szeak.com (“Szeak.com”) respects the intellectual property rights of others and expects its users to do the same. It is Szeak.com’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Accounts with usernames, business names, writer names, or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.
If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by contacting us at the address or email below. Szeak.com will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from our site.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Szeak.com will respond expeditiously to claims of copyright infringement committed using the Szeak.com website (the “Site”) that are reported to Szeak.com’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Szeak.com’s Designated Copyright Agent. Upon receipt of the Notice as described below, Szeak.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement (“Notice”).
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
– “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Szeak.com’s Designated Copyright Agent:
Szeak.com Copyright Agent
637 S. Post Street
Salt Lake City, UT 84104
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that content has been removed due a copyright complaint, it means that the content has been deleted from Szeak.com at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to post new content on Szeak.com, and your account may be disabled completely.
If you believe a post or other content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
- Email your counter-notice to firstname.lastname@example.org.
2. Include ALL of the following:
- Your name, address, and telephone number.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (copy and paste the link in the notification email).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Szeak.com may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).
Our postal address is:
637 S. Post Street
Salt Lake City, UT 84104
Szeak.com takes privacy seriously. We are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers, prospects and other visitors to our website.
This Policy applies to all of the products, services and websites offered by Szeak.com.
If you have any questions about this privacy statement or the practices of this site, you may contact us at email@example.com . In order for Szeak.com to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.
We do not share user information with any third parties other than as described above.
Szeak.com, and our users may use “cookie” technology to track or record information about our website visitors. Szeak.com users who disable their web browser’s ability to accept cookies may not be able to successfully use our service.
The site contains links to other websites. Szeak.com is not responsible for the privacy practices or the content of these sites. You will need to check the policy statement of other websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
With respect to security, we employ industry-standard encryption technologies when transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. We do not store credit card information in our systems, other than the last 4 digits of that card, but rather it is stored by our credit card processor(s).
CHANGES TO PRIVACY STATEMENT
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change in the future, we will post the policy changes to our website to notify you and provide you with the ability to opt out of these new uses. To keep up-to-date with Szeak.com policy, please check this page periodically.
CONTACTING THE WEBSITE
If you feel that this site is not following its stated information policy, you may contact us by clicking on the “Contact Us” link in the menu.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SZEAK.COM. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.