These Terms of Service apply to all users of the SpokenWord.org website (the "Site"), including users who are also contributors of content, information, and other materials on, or made available through, the Site ("Submitters").
BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON THE SITE OR ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO CONVERSATIONS NETWORK'S PRIVACY POLICY AND COPYRIGHT POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
The owner of the Site, The Conversations Network, Inc. (referred to herein as "We" or "Conversations Network") may modify or terminate any services offered by Conversations Network (the "Services") from time to time, for any reason, and without notice, including the right to terminate, with or without notice, without liability to you or any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
If you do not agree to any of these terms, then please do not use this Site or any Conversations Network services.
This Site displays and/or makes available materials and links to audio, video RSS, Atom, and other files, in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the "Submissions"), which are uploaded or linked to by Submitters, over whom Conversations Network exercises no control. Conversations Network cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive or which violate the intellectual property rights (including copyright) or privacy rights or third parties. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content, or that it will not violate the intellectual property rights (including copyright) or privacy rights of any third party. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.
Conversations Network responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.
All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Site Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Conversations Network, subject to trademark, copyright, and other intellectual property rights under United States and foreign laws and international conventions. Site Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Conversations Network, or by agreement with the respective owners of such Submissions.
Conversations Network reserves all rights not expressly granted in and to the Site and the Site Content. You agree not to engage in the use, copying, or distribution of any of the Site Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any Site Content or Submissions for for any use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site Content or Submissions, or enforce limitations on use of the Site or the Site Content or Submissions displayed or made available therein.
Nothing in this Terms of Service is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONVERSATIONS NETWORK DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.
THE CONVERSATIONS NETWORK SERVICES AND SITE, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE CONVERSATIONS NETWORK SERVICES AND SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CONVERSATIONS NETWORK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CONVERSATIONS NETWORK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CONVERSATIONS NETWORK SERVICES AND SITE. CONVERSATIONS NETWORK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY CONVERSATIONS NETWORK SERVICE OR SITE. CONVERSATIONS NETWORK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY CONVERSATIONS NETWORK SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CONVERSATIONS NETWORK SERVICES OR SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE CONVERSATIONS NETWORK SERVICES OR SITE.
YOU AGREE THAT YOUR USE OF THE SERVICES AND SITE AND ALL SUBMISSIONS THERETO SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT MATERIAL OR DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE CONVERSATIONS NETWORK SERVICES OR SITE, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, INCLUDING SUBMISSIONS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
CONVERSATIONS NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL CONVERSATIONS NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY
CONVERSATIONS NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND CONVERSATIONS NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONVERSATIONS NETWORK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Conversations Network from its facilities in the United States of America. Conversations Network makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Conversations Network, its officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
You affirm that you are eighteen (18) years of age or older, or an emancipated minor, or possess legal parental or guardian consent to use the Site, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are thirteen (13) years of age or older, as the Site is not intended for children under thirteen (13) years of age. If you are under thirteen (13) years of age, then please do not use the Conversations Network Site.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Conversations Network without restriction. Under no circumstances shall Conversations Network or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by Conversations Network.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Conversations Network's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND CONVERSATIONS NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY CONVERSATIONS NETWORK MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Updated December 10, 2009
