TheSpeech | Auth

1. Definitions

“Application” means the TheSpeech Application operated by TS and downloadable from Google Play Store or App Store.
“Channel” means each and every “home page” which is opened by the Customer on TS’s platform in order to collect similar Events.
“Content” means the content of any and each Event provided by the Customer which is to be interpreted by the Interpreters.
“Customer” means any registered legal or other person who wishes to order Interpretation Service for their Event.
“Event” means the live happening of the Customer which was created on TS’s platform, and to which TS’ web-based platform enables to the interpreters to connect and provide Interpretation Service in accordance with the terms of this Terms of Use.
“Interpreter” means any qualified person who provides the Interpretation Service.
“Interpretation Service” means the live simultaneous interpretation of the Content in different languages provided by any Interpreter and which is streamed by TheSpeech.
“Others” mean together the Users and/or Interpreters and/or Customers.
“Platform” means the website operated by TS which is accessible to everyone and through which they can only listen to the Contents.
TS`s Service” means the operation of the TheSpeech i.e., where the Customers can register various Events, and order Interpretation Services to their Events, an instrument which helps to establish connection between the Customers and the Interpreters and also the streaming the voice channels of the Interpretation Service.
“Technical Issue” means any issue arising from the defect of the Application and / or the Platform, for e.g.: any errors of the source code; etc.
TheSpeech” means the Application and the Platform together
“User” means the registered people who can use the TheSpeech listen to the Contents and give likes, comments for each Event and following Channels/Customers and receive notification if the followed Customer opens a new an Event.

2. Use of the TheSpeech by Minors and Blocked Persons

2.1. The TS`s Service is not available to persons under the age of 12. If you are between the ages of 12 and 18 (or between 12 and the age of legal majority in your jurisdiction of residence), you may only use the TS`s Service under the supervision of a parent or legal guardian who agrees to be bound by this Terms of Use.
2.2. The TS`s Service is also not available to any Users previously removed from the TS`s Service by TS.
2.3. By downloading, installing, or otherwise using the TS`s Service through your account, you represent that you are at least 12 years of age, that your parent or legal guardian agrees to be bound by this Terms of Use if you are between 12 and the age of legal majority in your jurisdiction of residence, and that you have not been previously removed from or prohibited from receiving the TS`s Service.

3. Account

3.1. In order to open an account, you will be asked to provide us with certain information such as an account name and password.
3.2. Upon registration you give your consent to keep and manage your personal data provided through registration process in accordance with the terms of the [Privacy Policy].
3.3. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your telephone, and for all activities that occur under your account or password. Please make sure the information you provide to TS upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
3.4. Unless expressly permitted in writing by TS, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. TS reserves all available legal rights and remedies to prevent unauthorized use of the TS`s Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
3.5. . If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password), immediately notify TS at suppoprt@thespeech.app.

4. Use of Devices and TheSpeech

Access to the TheSpeech may require the use of your mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the TheSpeech.

5. Ratings

5.1. After each Event you may give ratings about your opinion of the quality of the Interpretation Service. The given ratings shall reflect to the reality because poor rating shall cause the termination of the Interpreters` account with immediate effect.
5.2. Please note that if you are giving ratings without any justification more than 3 times your account shall be terminated by TS with immediate effect.

6. Prohibited Conduct

6.1. You agree not to violate any law, contract, intellectual property or other third-party right or cause damage, and that you are solely responsible for your conduct while on the TheSpeech.
6.2. You agree that you will comply with this Terms of Use and will not:
1. 6.2.1. use the TheSpeech for commercial purposes, unless pre-agreed with TS in written;
2. 6.2.2. do not give any comment that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
3. 6.2.3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to Others, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
4. 6.2.4. harvest or collect the email addresses or other contact information of Others from the TheSpeech;
5. 6.2.5. defame, harass, abuse, threaten or defraud, stalk, harm Others, or collect, or attempt to collect, personal information about Others without their consent;
6. 6.2.6. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another TS`s Service participant, a TS employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (TS reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
7. 6.2.7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the TheSpeech or the TS`s Service, features that prevent or restrict use or copying of any content accessible through the TheSpeech, features that enforce limitations on the use of the TheSpeech or the TS`s Service, or delete the copyright or other proprietary rights notices on the TheSpeech or the TS`s Service;
8. 6.2.8. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the TheSpeech or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
9. 6.2.9. interfere with or damage operation of the TheSpeech or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
10. 6.2.10. use or attempt to use Others` account without authorization from that User/Interpreter/Customer and TS;
11. 6.2.11. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
12. 6.2.12. use the TheSpeech for any illegal purpose, or in violation of any local, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
6.3. TS takes no responsibility and assumes no liability for any Content and / or Interpretation or for any loss or damage resulting therefrom, nor is TS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the TheSpeech. Your use of the TheSpeech is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the TheSpeech will not contain any content that is prohibited by such rules.
6.4. TS is not liable for any statements or representations included in Content and the User comments. TS does not endorse any Content or User comment, opinion, recommendation, or advice expressed therein, and TS expressly disclaims any and all liability in connection with such Content or User comment. To the fullest extent permitted by applicable law, TS reserves the right to remove, screen or edit any Content or User comment posted or stored on the TheSpeech at any time and without notice, including where such Content or User comment violates this Terms of Use or applicable law, and you are solely responsible for creating backup copies of and replacing any Content or User comment you post or store on the TheSpeech at your sole cost and expense. Any use of the TheSpeech in violation of the foregoing violates this Terms of Use and may result in, among other things, termination or suspension of your rights to use the TheSpeech.

7. Submissions to the TS`s Service

7.1. The TS`s Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the TheSpecch accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste. You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with your submission of any materials on the TheSpeech.
7.2. TS has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the TheSpeech, to investigate any reported or apparent violation of this Terms of Use, and to take any action that TS in its sole discretion deems appropriate, including, without limitation, termination hereunder.

8. Intellectual Property

8.1. You agree that the TheSpeech contains proprietary information and material that is owned by TS and/or its other parties, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the TheSpeech in compliance with this Terms of Use. No portion of the TheSpeech may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the TheSpeech, in any manner, and you shall not exploit the TheSpeech in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
8.2. Notwithstanding any other provision of this Terms of Use, TS and the above mentioned third parties reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the TS˙s Service at any time without notice. In no event will TS be liable for making these changes. TS may also impose limits on the use of or access to certain features or portions of the TS˙s Service, in any case and without notice or liability.
8.3. All copyrights in and to the TS˙s Service and related software are owned by TS and/or other third parties, who reserve all their rights in law and equity. The use of the software or any part of the TS˙s Service, except for use of the TS˙s Service as permitted in this Terms of Use, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

9. Disclaimer and limitation of liability

9.1. TS shall use reasonable skill and due care in providing the operation of the TheSpeech. The following disclaimers are subject to this express warranty.
9.2. TS hereby explicitly excludes its liability for any Content and / or any Interpretation Service.
9.3. TS does not guarantee, represent, or warrant that Your use of the TheSpeech will be uninterrupted or error-free, and you agree that from time to time TS may remove the TS˙s Service provided by the TheSpeech for indefinite periods of time, or cancel the TS˙s Service provided by TS in accordance with the terms of this Terms of Use.
9.4. You expressly understand and agree that the TS˙s Service is provided on an “as is” and “as available” basis. TS and its officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. in particular, TS and its officers, directors, employees, agents, partners and licensors make no warranty that (i) the TS˙s Service will meet your requirements; (ii) your use of the TS˙s Service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the TS˙s Service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the TS˙s Service will be corrected.
9.5. TS does not represent or guarantee that the TS˙s Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and TS disclaims any liability relating thereto.
9.6. To the maximum extent permitted under the applicable laws TS and partners, representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the TheSpeech, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit or anticipated savings;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the TS˙s Service;
- loss or inaccuracy of data; and
- any other type of loss or damage

10. Partial invalidity

If any provision of this Terms of Use is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Terms of Use as a whole, but this Terms of Use shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.

11. Disputes

11.1. Any disputes, claims or causes of action arising out of or in connection with this Terms of Use will be governed by and construed under the laws of the jurisdiction of your residence.
11.2. Any disputes, claims or causes of action arising out of or in connection with this Terms of Use shall be resolved by competent civil courts within your jurisdiction of residence.
11.3. If you are a resident of the European Union hereby we inform you according to Article 14 of Regulation (EU) No 524/2013 (Regulation on consumer ODR) of your rights in respect of extrajudicial dispute settlements. Detailed information can be found in the aforementioned Regulation and at http://ec.europa.eu/consumers/odr.

12. Modification of this Terms of Use

TS may amend any of the terms of this Terms of Use by posting it on the TheSpeech. Your continued use of the TheSpeech after the effective date of the revised Terms of Use constitutes your acceptance of the Terms of Use. If you do not agree to the modified Terms of Use you must stop using the TheSpeech. Your continued use of the TheSpeech after the date the modifications are posted will constitute your acceptance of the modified Terms of Use.

13. Partial invalidity

If any provision of this Terms of Use is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Terms of Use as a whole, but this Terms of Use shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.

14. Termination

14.1. If you fail, or TS suspects that you have failed, to comply with any of the provisions of this Terms of Use, TS, at its sole discretion, without notice to you may: (i) terminate this Terms of Use and/or your account; and/or (ii) terminate the license to the TS˙s Service; and/or (iii) preclude access to the TS˙s Service (or any part thereof).
14.2. TS reserves the right to modify, suspend, or discontinue the TS˙s Service (or any part or content thereof) at any time with or without notice to you, and TS will not be liable to you or to any third party should it exercise such rights.

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