Genghis Technologies, LLC.Last Updated Oct 28,
2021
Genghis Technologies, LLC (dba “Speakeasy”), (“Genghis Technologies,
LLC.,” “we,” “us,” “our”) provides its services (described below) to you through its website located at
www.myspeakeasy.com (the “Site”) and through its mobile
applications and related services (collectively, such services, including any new features and applications,
and the Site, the “Service(s)” or “Speakeasy”), subject to the following Terms of Service (as amended from
time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify
portions of these Terms of Service at any time. If we do this, we will post the changes on this page and
will indicate at the top of this page the date these terms were last revised. Any such changes will become
effective immediately, and your continued use of the Service after the date any such changes become
effective constitutes your acceptance of the new Terms of Service.
Please read these terms of
service carefully, as they contain an agreement to arbitrate and other important information regarding your
legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that
you submit claims you have against us to binding and final arbitration, and further (1) you will only be
permitted to pursue claims against Genghis Technologies, LLC on an individual basis, not as a plaintiff or
class member in any class or representative action or proceeding, (2) you will only be permitted to seek
relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not
be able to have any claims you have against us resolved by a jury or in a court of law.
In addition,
when using certain services, you will be subject to any additional terms applicable to such services that
may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at
http://myspeakeasy.com/privacy and the Community Guidelines
located at
https://myspeakeasy.com/community. All such terms
are hereby incorporated by reference into these Terms of Service.
Access and Use of the
Service
Services Description: The Service is designed to allow
users to engage in audio-based conversations with friends and other people around the
world.
Your Registration Obligations: You may be required to register with
Genghis Technologies, LLC in order to access and use certain features of the Service. If you choose to
register for the Service, you agree to provide and maintain true, accurate, current and complete information
about yourself as prompted by the Service’s registration form. Registration data and certain other
information about you are governed by our Privacy Policy. You must be at least 18 years old to use the
Service.
Member Account, Password and Security: You are responsible for
maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and
all activities that occur under your passcode or account. You agree to (a) immediately notify Genghis
Technologies, LLC of any unauthorized use of your passcode or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session when accessing the Service. Genghis
Technologies, LLC will not be liable for any loss or damage arising from your failure to comply with this
Section.
Modifications to Service: Genghis Technologies, LLC reserves the
right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Genghis Technologies, LLC will not be liable to you or to any third-party for
any modification, suspension or discontinuance of the Service.
General Practices
Regarding Use and Storage: You acknowledge that Genghis Technologies, LLC may establish general
practices and limits concerning use of the Service, including without limitation the maximum period of time
that data or other content will be retained by the Service and the maximum storage space that will be
allotted on Genghis Technologies, LLC’s servers on your behalf. You agree that Genghis Technologies, LLC has
no responsibility or liability for the deletion or failure to store any data or other content maintained or
uploaded by the Service. You acknowledge that Genghis Technologies, LLC reserves the right to terminate
accounts that are inactive for an extended period of time. You further acknowledge that Genghis
Technologies, LLC reserves the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
Mobile Services: The Service includes
certain services that are available via a mobile device, including (i) the ability to upload content to the
Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and
(iii) the ability to access certain features through an application downloaded and installed on a mobile
device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device,
your wireless service carrier’s standard charges, data rates and other fees may apply. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier,
and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree
that we may communicate with you regarding Genghis Technologies, LLC and other entities by SMS, MMS, text
message or other electronic means to your mobile device and that certain information about your usage of the
Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone
number, you agree to promptly update your Genghis Technologies, LLC account information to ensure that your
messages are not sent to the person that acquires your old number.
Conditions of
UseUser Conduct: You are solely responsible for all audio, code, video,
images, information, data, text, software, music, sound, photographs, graphics, messages or other materials
(“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via
the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by
Genghis Technologies, LLC Genghis Technologies, LLC reserves the right to investigate and take appropriate
legal action against anyone who, in Genghis Technologies, LLC’s sole discretion, violates this provision,
including without limitation, removing the offending content from the Service, suspending or terminating the
account of such violators and reporting you to the law enforcement authorities. You agree to not use the
Service to:
1. engage in any conversation or otherwise upload any content that (i) infringes any
intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under
any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to
any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial
activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,”
or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious,
excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy,
hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Genghis
Technologies, LLC ., is objectionable or which restricts or inhibits any other person from using or enjoying
the Service, or which may expose Genghis Technologies, LLC or its users to any harm or liability of any
type;
2. record any portion of a conversation without the expressed consent of all of the speakers
involved;
3. share information (on Speakeasy or elsewhere) that the speaker explicitly stated was to be
treated as “off the record;”
4. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to
the Service;
5. violate any applicable local, state, national or international law, or any regulations
having the force of law;
6. impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
7. solicit personal information from anyone
under the age of 18;
8. harvest or collect email addresses or other contact information of other users
from the Service by electronic or other means for the purposes of sending unsolicited emails or other
unsolicited communications;
9. advertise or offer to sell or buy any goods or services for any business
purpose that is not specifically authorized;
10. promote or aid in the building of a competitive
product or service, copy the Service’s features or user interface, or solicit users or customers from the
Service;
11. further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or
12. obtain or attempt to access or otherwise obtain any
materials or information through any means not intentionally made available or provided for through the
Service.
Fees: To the extent a subscription, product or feature on the Service
is made available for any fee, you will be required to select a payment plan and provide information
regarding your credit card or other payment instrument that we may accept (“Payment Instrument”) to our
Payment Processor (as defined below). We may require you to use a Payment Instrument that is issued by a
U.S. financial institution and to make all payments in U.S. dollars, and we or Payment Processor may change
the type of Payment Instruments that we accept for payment from time to time. You represent and warrant that
the information you provide about your Payment Instrument is complete and true, and that you are authorized
to use the Payment Instrument for each transaction that you request. By providing us or our Payment
Processor with your Payment Instrument information, and authorizing a transaction through the Service, you
authorize Genghis Technologies, LLC or our Payment Processor to charge your Payment Instrument for the full
amount of the transaction (including any service fees), and to debit or credit your Payment Instrument as
necessary to correct any errors. Should the transaction fail, we may retry the transaction up to two
additional times, unless prohibited by applicable law. We reserve the right to reject any transaction or
your use of any Payment Instrument for any reason not prohibited by law, and neither we nor Payment
Processor will bear any liability for our inability or refusal to process any transaction. If any of the
information you provide us or our Payment Processor about your Payment Instrument becomes inaccurate, or
your Payment Instrument expires, you will promptly update your account information with any changes to your
Payment Instrument information (for example, a change in your billing address or credit card expiration
date) that may occur. You agree to pay the amount that is specified in the payment plan you select in
accordance with the terms of such plan and this Terms of Service.
If your payment plan includes
an ongoing subscription that is automatically renewed periodically, you hereby authorize Genghis
Technologies, LLC (through Payment Processor) to charge your Payment Instrument in the amount and frequency
set forth in the terms of the applicable payment plan, and you further agree to pay any charges so incurred.
You may cancel your subscription and revoke your authorization for such payments by notifying us at
support@myspeakeasy.com at least 3 business days prior to the next scheduled payment date. We do not offer
any refunds, but if you dispute any charges, you must let Genghis Technologies, LLC know within sixty (60)
days after the date that Genghis Technologies, LLC charges you. We reserve the right to change prices on a
subscription, product or feature you obtain or access through the Service. If Genghis Technologies, LLC does
change prices on a subscription, product or feature, Genghis Technologies, LLC will provide notice of the
change on the Site or in an email to you, at Genghis Technologies, LLC’s option, at least 10 days before the
change is to take effect. If you do not agree to such change, you may cancel your authorization by
discontinuing your use of the Service prior to the effective date of the change and notifying us at least 3
business days prior to the next scheduled payment date. If you continue to use the Service after the price
change becomes effective or you do not cancel your subscription at least 3 business days before the next
scheduled payment date, you agree to pay the changed amount and authorize us (through Payment Processor) to
charge your Payment Instrument for such changed amount according to the terms of the applicable payment
plan, as amended.
User Transactions: The Service may allow you to send and
receive fees, or otherwise transact, with other users on Speakeasy (“User Transaction”). If you receive or
seek to receive fees for any User Transaction, you agree that you are responsible for: (i) providing users
disclosures required by applicable laws, including without limitation, (ii) ensuring that you have
accurately and fairly described and presented the service or feature for which you are seeking fees, and the
terms and conditions thereof, and further ensuring that you do not engage in unfair, deceptive, or abusive
acts or practices (“UDAAP”); (ii) ensuring that you are not conducting or enabling any activities our
Payment Processor (as defined below) has identified as a restricted business or activity in the list made
available at
https://stripe.com/restricted-businesses
(collectively, “Restricted Businesses”); and (iii) determining, paying, and withholding all applicable Taxes
(as set forth below). If you seek to charge or receive a fee or payment from another User through the
Services, it is your responsibility to obtain that User’s authorization to charge their selected Payment
Instrument for each transaction, in compliance with these Terms of Service, the Stripe Agreements, all
applicable laws, and the requirements of any payment network that facilitates the transaction. You may not
impose any fee or surcharge on any User that makes or requests to make a User
Transaction.
Taxes: You have sole and exclusive responsibility to determine
what, if any, taxes apply to transactions or the payments you receive in connection with your use of the
Services (“Taxes”). It is solely your responsibility to assess, collect, report, or remit the correct Taxes
to the proper tax authority in the applicable jurisdiction. We are not obligated to, nor will we, determine
whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority, arising from
any User Transaction. Genghis Technologies, LLC retains the right, but not the obligation, at its sole
discretion, to complete and file tax or related reports with tax authorities regarding transactions in those
jurisdictions where Genghis Technologies, LLC deems such reporting necessary. You hereby indemnify and hold
Genghis Technologies, LLC harmless from and against any and all liability related to Taxes and filings made
by Genghis Technologies, LLC in respect thereof. You agree that we may send you any tax-related information
electronically.
Payment Processing: Notwithstanding any amounts owed to
Genghis Technologies, LLC hereunder, Genghis Technologies, LLC DOES NOT PROCESS PAYMENT FOR ANY SERVICES. We
are not a bank, payment institution, money transmitter, or money service business. To facilitate payment for
the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates
(collectively, “Stripe” or “Payment Processor”). These payment processing services, including Stripe
Connect, are provided by Payment Processor and are subject to the Stripe terms and conditions and other
policies available at
https://stripe.com/connect-account/legal and
Stripe’s Global Privacy Policy available at:
https://stripe.com/privacy(collectively, the "Stripe
Agreements"). By agreeing to these Terms of Service, you also agree to be bound by the Stripe
Agreements, as the same may be modified by Stripe from time to time. The Stripe Agreements are your
agreement with Stripe, and Genghis Technologies, LLC is not a party to the Stripe Agreements, nor are we
responsible for Stripe’s services or any liability in respect of the Stripe Agreements. You hereby authorize
Stripe to store and continue billing any Payment Instrument you provide to us or Stripe through the
Services, even after such Payment Instrument has expired, to avoid interruptions in payment for your use of
the Service. Please contact Stripe for more information. We reserve the right to replace Stripe with another
payment processor at any time without notice or liability to you. If we do, you agree that the payment
services you may access through the Service will be subject to the applicable terms and conditions of the
successor payment processor, which shall be incorporated by reference herein. Genghis Technologies, LLC
assumes no liability or responsibility for any payments you make through the
Service.
Special Notice for International Use; Export Controls: Software
(defined below) available in connection with the Service and the transmission of applicable data, if any, is
subject to United States export controls. No Software may be downloaded from the Service or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole
risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws
regarding your use of the Service, including as it concerns online conduct and acceptable
content.
Commercial Use:Unless otherwise expressly
authorized herein or in the Service, you agree not to display, distribute, license, perform, publish,
reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload
for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The
Service is for your personal use.
Third-party Distribution
ChannelsGenghis Technologies, LLC offers Software applications that may
be made available through the Apple App Store, the Google Play Store or other distribution channels
(“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to
additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not
with the Distribution Channel. To the extent that you utilize any other third-party products and services in
connection with your use of our Services, you agree to comply with all applicable terms of any agreement for
such third-party products and services.
With respect to Software that is made available for your
use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to
the other terms and conditions set forth in these Terms of Service, the following terms and conditions
apply:
- Genghis Technologies, LLC and you acknowledge that these Terms of Service are concluded
between Genghis Technologies, LLC and you only, and not with Apple Inc. (“Apple”), and that as between
Genghis Technologies, LLC and Apple, Genghis Technologies, LLC ., not Apple, is solely responsible for the
Apple-Enabled Software and the content thereof.- You may not use the Apple-Enabled Software in any manner
that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or
otherwise be in conflict with, the App Store Terms of Service.- Your license to use the Apple-Enabled
Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that
you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.- Apple has
no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled
Software.- Apple is not responsible for any product warranties, whether express or implied by law. In the
event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the
maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty, which will be Genghis Technologies, LLC’s sole
responsibility, to the extent it cannot be disclaimed under applicable law.- Genghis Technologies, LLC and
you acknowledge that Genghis Technologies, LLC., not Apple, is responsible for addressing any claims of you
or any third-party relating to the Apple-Enabled Software or your possession and/or use of that
Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the
Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.- In the event of any third-party claim that the
Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that
third-party’s intellectual property rights, as between Genghis Technologies, LLC and Apple, Genghis
Technologies, LLC., not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim.- You represent and warrant that (i) you are
not located in a country that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list
of prohibited or restricted parties.- If you have any questions, complaints or claims with respect to the
Apple-Enabled Software, they should be directed to Genghis Technologies, LLC as follows: email to
support@myspeakeasy.com.
Genghis Technologies, LLC and you acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the
Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of
Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of
Service against you with respect to the Apple-Enabled Software as a third-party beneficiary
thereof.
Intellectual Property RightsService Content, Software
and Trademarks: You acknowledge and agree that the Service may contain content or features
(“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary
rights and laws. Except as expressly authorized by Genghis Technologies, LLC., you agree not to modify,
copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or
the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content
(as defined below) that you legally upload to the Service. In connection with your use of the Service you
will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If you are blocked by Genghis Technologies, LLC from accessing the Service (including by blocking your IP
address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP
address or using a proxy IP address). Any use of the Service or the Service Content other than as
specifically authorized herein is strictly prohibited. The technology and software underlying the Service or
distributed in connection therewith are the property of Genghis Technologies, LLC ., our affiliates and our
partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise
transfer any right in the Software. Any rights not expressly granted herein are reserved by Genghis
Technologies, LLC.
The Genghis Technologies, LLC name and logos are trademarks and service marks of
Genghis Technologies, LLC (collectively the “Genghis Technologies, LLC Trademarks”). Other Genghis
Technologies, LLC ., product, and service names and logos used and displayed via the Service may be
trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or
connected to Genghis Technologies, LLC Nothing in this Terms of Service or the Service should be construed
as granting, by implication, estoppel, or otherwise, any license or right to use any of Genghis
Technologies, LLC Trademarks displayed on the Service, without our prior written permission in each
instance. All goodwill generated from the use of Genghis Technologies, LLC Trademarks will inure to our
exclusive benefit.
Third-party Material: Under no circumstances will Genghis
Technologies, LLC be liable in any way for any content or materials of any third parties (including users),
including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any
kind incurred as a result of the use of any such content. You acknowledge that Genghis Technologies, LLC
does not pre-screen content, but that Genghis Technologies, LLC and its designees will have the right (but
not the obligation) in their sole discretion to refuse or remove any content that is available via the
Service. Without limiting the foregoing, Genghis Technologies, LLC and its designees will have the right to
remove any content that violates these Terms of Service or is deemed by Genghis Technologies, LLC., in its
sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness
of such content.
User Content Transmitted Through the Service: With respect to
the content or other materials you upload through the Service or share with other users or recipients
(collectively, “User Content”), you represent and warrant that you own all right, title and interest in and
to such User Content, including, without limitation, all copyrights and rights of publicity contained
therein. By uploading any User Content you hereby grant and will grant Genghis Technologies, LLC and its
affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable,
perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise
use your User Content in connection with the operation of the Service or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback or other information about the Service
(“Submissions”), provided by you to Genghis Technologies, LLC are non-confidential and Genghis Technologies,
LLC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that
Genghis Technologies, LLC may preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to
claims that any content violates the rights of third parties; or (d) protect the rights, property, or
personal safety of Genghis Technologies, LLC ., its users and the public. By using the Service, you consent
to having your audio temporarily recorded when you speak in a room. These temporary audio recordings are
solely used for Trust & Safety incident investigations. For more details on how this works, please
consult our Privacy Policy. You also understand that the technical processing and transmission of the
Service, including your content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
Copyright Complaints: Genghis Technologies, LLC respects the
intellectual property of others, and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or that your intellectual property rights have been
otherwise violated, you should notify Genghis Technologies, LLC of your infringement claim in accordance
with the procedure set forth below.
Genghis Technologies, LLC will 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 with respect to any alleged or actual infringement. A
notification of claimed copyright infringement should be emailed to Genghis Technologies, LLC at
support@myspeakeasy.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must
be in writing and contain the following information:- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual property interest;- a
description of the copyrighted work or other intellectual property that you claim has been infringed;- a
description of where the material that you claim is infringing is located on the Service, with enough detail
that we may find it on the Service;- your address, telephone number, and email address;- a statement by you
that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual
property owner, its agent, or the law;- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner’s
behalf.
Counter-Notice: If you believe your User Content that was removed (or
to which access was disabled) is not infringing, or that you have the authorization from the copyright
owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User
Content, you may send a written counter-notice containing the following information to the Copyright
Agent:
- your physical or electronic signature;- identification of the content that has been removed or
to which access has been disabled and the location at which the content appeared before it was removed or
disabled;- a statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and- your name, address, telephone number, and
email address, a statement that you consent to the jurisdiction of the federal court located within Puerto
Ricoand a statement that you will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the Copyright Agent, Genghis Technologies, LLC
will send a copy of the counter-notice to the original complaining party informing that person that it may
replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice,
at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA
and other applicable law, Genghis Technologies, LLC has adopted a policy of terminating, in appropriate
circumstances and at Genghis Technologies, LLC .'s sole discretion, users who are deemed to be repeat
infringers. Genghis Technologies, LLC may also at its sole discretion limit access to the Service and/or
terminate the memberships of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
Third-party
WebsitesThe Service may provide, or third parties may provide, links or
other access to other sites and resources on the Internet. Genghis Technologies, LLC has no control over
such sites and resources and Genghis Technologies, LLC is not responsible for and does not endorse such
sites and resources. You further acknowledge and agree that Genghis Technologies, LLC will 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 content, events, goods or services available on or through any
such site or resource. Any dealings you have with third parties found while using the Service are between
you and the third-party, and you agree that Genghis Technologies, LLC is not liable for any loss or claim
that you may have against any such third-party.
Social Networking
ServicesYou may enable or log in to the Service via various online
third-party services, such as social media and social networking services like Facebook or Twitter (“Social
Networking Services”). By logging in or directly integrating these Social Networking Services into the
Service, we make your online experiences richer and more personalized. To take advantage of this feature and
capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the
websites of their respective providers. As part of such integration, the Social Networking Services will
provide us with access to certain information that you have provided to such Social Networking Services, and
we will use, store and disclose such information in accordance with our Privacy Policy. For more information
about the implications of activating these Social Networking Services and Genghis Technologies, LLC’s use,
storage and disclosure of information related to you and your use of such services within Genghis
Technologies, LLC (including your friend lists and the like), please see our Privacy Policy at
http://myspeakeasy.com/privacy However, please remember that
the manner in which Social Networking Services use, store and disclose your information is governed solely
by the policies of such third parties, and Genghis Technologies, LLC shall have no liability or
responsibility for the privacy practices or other actions of any third-party site or service that may be
enabled within the Service.
In addition, Genghis Technologies, LLC is not responsible for the accuracy,
availability or reliability of any information, content, goods, data, opinions, advice or statements made
available in connection with Social Networking Services. As such, Genghis Technologies, LLC is not liable
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such Social Networking Services. Genghis Technologies, LLC enables these features merely as a convenience
and the integration or inclusion of such features does not imply an endorsement or
recommendation.
Indemnity and ReleaseYou agree to
release, indemnify and hold Genghis Technologies, LLC and its affiliates and their officers, employees,
directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages,
expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including
death) arising out of or relating to your use of the Service, any User Content, your connection to the
Service, your violation of these Terms of Service or your violation of any rights of another.
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from
or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such
Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A
general release does not extend to claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have materially affected his settlement
with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or
doctrine.
Disclaimer of WarrantiesYOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENGHIS
TECHNOLOGIES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
GENGHIS TECHNOLOGIES, LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS.
Limitation of LiabilityYOU
EXPRESSLY UNDERSTAND AND AGREE THAT GENGHIS TECHNOLOGIES, LLC WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENGHIS
TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR
CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL
GENGHIS TECHNOLOGIES, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE
AMOUNT YOU HAVE PAID GENGHIS TECHNOLOGIES, LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED
DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED
UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE
LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding
Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.1.
Agreement to ArbitrateThis Dispute Resolution by Binding Arbitration
section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all
disputes or claims that have arisen or may arise between you and Genghis Technologies, LLC ., whether
arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services,
any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively
through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration
Agreement, except that you may assert individual claims in small claims court, if your claims qualify.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal,
state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Terms of Service, you and Genghis Technologies, LLC are each waiving
the right to a trial by jury or to participate in a class action. Your rights will be determined by a
neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement.
2.
Prohibition of Class and Representative
Actions and Non-Individualized ReliefYOU AND GENGHIS TECHNOLOGIES, LLC AGREE
THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH
YOU AND GENGHIS TECHNOLOGIES, LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE
THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO
THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT
YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE
LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS
PROVISION.
3. Pre-Arbitration Dispute
ResolutionGenghis Technologies, LLC is always interested in resolving
disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s
satisfaction by emailing customer support at support@myspeakeasy.com. If such efforts prove unsuccessful, a
party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of
Dispute (“Notice”). Please e-mail us at support@mysepeakeasy.com and we will promptly provide an address
("Notice Address") to which you can address postal mail. The Notice must (i) describe the nature
and basis of the claim or dispute and (ii) set forth the specific relief sought. If Genghis Technologies,
LLC and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or
Genghis Technologies, LLC may commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by Genghis Technologies, LLC or you shall not be disclosed to the arbitrator until
after the arbitrator determines the amount, if any, to which you or Genghis Technologies, LLC is
entitled.
4.
Arbitration ProceduresArbitration will be
conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules
and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified
by this Arbitration Agreement. For information on the AAA, please visit its website,
http://www.adr.org. Information about the AAA Rules and fees for consumer
disputes can be found at the AAA’s consumer arbitration page,
http://www.adr.org/consumer_arbitration. If there is
any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the
applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the
application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair
arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All
issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are
usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award
the same damages and relief on an individual basis that a court can award to an individual under the Terms
of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by
a court only for very limited reasons.
Unless Genghis Technologies, LLC and you agree otherwise, any
arbitration hearings will take place in a reasonably convenient location for both parties with due
consideration of their ability to travel and other pertinent circumstances. If the parties are unable to
agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Genghis
Technologies, LLC agrees that you may choose whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by
the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which the award is
based.
5.
Costs of ArbitrationPayment of all filing,
administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA
Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000
or less, at your request, Genghis Technologies, LLC will pay all Arbitration Fees. If the value of relief
sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically
unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason
that you should not be required to pay your portion of the Arbitration Fees, Genghis Technologies, LLC will
pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of
arbitration will be prohibitive as compared to the costs of litigation, Genghis Technologies, LLC will pay
as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
6.
ConfidentialityAll aspects of the arbitration proceeding, and any
ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all
parties.
7.
SeverabilityIf a court or the arbitrator
decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled
“Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or
unenforceable, the parties agree to replace such term or provision with a term or provision that is valid
and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or
provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator
decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative
Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration
Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely
with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to
apply.
8.
Future Changes to Arbitration AgreementNotwithstanding any
provision in this Terms of Service to the contrary, Genghis Technologies, LLC agrees that if it makes any
future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user
of the Services, you may reject any such change by sending Genghis Technologies, LLC written notice within
thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future
change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of
this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any
subsequent changes to these Terms of Service).
TerminationYou agree that
Genghis Technologies, LLC., in its sole discretion, may suspend or terminate your account (or any part
thereof) or use of the Service and remove and discard any content within the Service, for any reason,
including, without limitation, for lack of use or if Genghis Technologies, LLC believes that you have
violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected
fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be
referred to appropriate law enforcement authorities. Genghis Technologies, LLC may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this Terms of Service
may be affected without prior notice, and acknowledge and agree that Genghis Technologies, LLC may
immediately deactivate or delete your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree that Genghis Technologies, LLC will
not be liable to you or any third-party for any termination of your access to the
Service.
User DisputesYou agree that you are solely
responsible for your interactions with any other user in connection with the Service, including for any fee
disputes between you or any other user or for any User Transaction, and Genghis Technologies, LLC will have
no liability or responsibility with respect thereto. Genghis Technologies, LLC reserves the right, but has
no obligation, to become involved in any way with disputes between you and any other user of the
Service.
GeneralThese Terms of Service constitute the
entire agreement between you and Genghis Technologies, LLC and govern your use of the Service, superseding
any prior agreements between you and Genghis Technologies, LLC with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use affiliate or third-party services,
third-party content or third-party software. These Terms of Service will be governed by the laws of of
Puerto Rico without regard to its conflict of law provisions. With respect to any disputes or claims not
subject to arbitration, as set forth above, you and Genghis Technologies, LLC agree to submit to the
personal and exclusive jurisdiction of the state and federal courts located within San Francisco County,
California. The failure of Genghis Technologies, LLC to exercise or enforce any right or provision of these
Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of
Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of these Terms of Service remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service
or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be
forever barred. A printed version of this agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and records originally generated and
maintained in printed form. You may not assign this Terms of Service without the prior written consent of
Genghis Technologies, LLC., but Genghis Technologies, LLC may assign or transfer this Terms of Service, in
whole or in part, without restriction. The section titles in these Terms of Service are for convenience only
and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The
Service may also provide notices to you of changes to these Terms of Service or other matters by displaying
notices or links to notices generally on the Service.
For users from the United States or its
territories, by submitting your phone number and email, you agree that Speakeasy may contact you by phone,
SMS, and email to send you occasional promotional messages with offers, updates, and other marketing
messages. For all users, message and data rates may apply. You may opt out of any promotional messages at
any time by following the instructions included in those messages. You also acknowledge that you have read
the Privacy Policy and agree that Speakeasy may use your information and data in accordance with
it.
Your PrivacyAt Genghis Technologies, LLC., we
respect the privacy of our users. For details please see our Privacy Policy By using the Service, you
consent to our collection and use of personal data as outlined therein.
Notice for
California UsersUnder California Civil Code Section 1789.3, users of
the Service from California are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210. You may contact us at Genghis Technologies, LLC ., Inc. at
support@myspeakeasy.com.
Questions? Concerns? Suggestions? Please contact us
at support@getspeakeasy.com to report any violations of these Terms of Service or to pose any questions
regarding these Terms of Service or the Service.