Last Updated: February 2019
Content has the meaning given in section 5 below.
Licence Period means a calendar month for which the monthly Subscription Fee is paid by you in order to get access to the Website, the Services and the Products for such calendar month.
Materials means electronic educational materials available on the Website in the form of pictures, drawings, photos, texts, videos, audio.
Personal data is any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The definition of Personal data is actually given in Article 4 Regulation (EU) 2016/679 of the European Parliament and of the Counsel of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the so called “General Data Protection Regulation” or “GDPR” as sometimes abbreviated).
Products means the products available on the Website for paid Subscription Fee.
Services means the services available on the Website for paid Subscription Fee.
Subscription Fee means the fee payable by you in order to get full access to the Website, the Services and the Products.
Website means any of the following websites owned and operated by CEO Speech LLC to cover the following countries or regions:
South America (other than Brazil)
We, us, or our means CEO Speech LLC, a legal entity incorporated under the laws of the State of Tennessee, USA and having its registered address at: 511 Union Street, STE 800, Nashville TN, 37219, USA
In consideration for the payment of the Subscription Fee by you, we hereby grant to you a non-exclusive non-commercial licence to access and use the Services and Products via the Website during the Licence Period (the “License”).
3. Licensing requirements
The terms of the License impose certain licensing restrictions and requirements. In order to comply with them you covenant and undertake to us not to do any of the following:
sub-license or assign the benefit or burden of the Licence in whole or in part to anyone else;
attempt to copy, duplicate, modify or distribute any portion of the Website and its Content;
4. Access to the Website, the Services and the Products
You understand and agree that you will be able to access the Services and the Products on the Website only during relevant Licence Period for which the Subscription Fee was duly paid. Failure to pay the Subscription Fee for the relevant License Period will result in deny of access to the Services and the Products and all or some parts of the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are responsible for providing and maintaining suitable computer hardware, software and telecommunications equipment and services to enable you to access the Website and use the Service and the Products available on the Website.
5. Registration on the Website
To access the Website and use the Services and the Products, you must be a legal entity or an individual of eighteen (18) years of age or older who can enter into legally binding agreements. You may not access the Website and use the Services and the Products if you are a competitor of ours or if we have previously banned you from accessing the Website and using the Services and the Products and/or closed your account on the Website. We reserve the right, in our sole discretion, to refuse, suspend, or terminate access to the Website pursuant to Section 12.
You must create an account and provide certain information about yourself in order to access the Website and use the Services and the Products. You agree to provide true, accurate and complete information as prompted by the registration form and to update this information to maintain its truthfulness, accuracy and completeness. You are responsible for maintaining confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You warrant and undertake to us that any person accessing the Website and using the Services and the Products with your username and password is you or is authorized to act on your behalf. You agree to notify us immediately if you suspect any unauthorized use of your account.
6. Website Content
The Website, including without limitation all Materials displayed on or produced through the Website, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Website, functions, tools, results derived from the use of software and tools, names, logos and trademarks on the Website (collectively, “Content”) and the intellectual property therein belong to us and are protected by copyright, trade mark, trade secrets and other intellectual property laws unless expressly indicated otherwise on the Website.
7. Your content
You are solely responsible for Your content that you upload to your account on the Website or otherwise use via the Website.
Your content means any documents, information, data, text, images, messages or other materials, including any texts you upload to your account on the Website or otherwise use via the Website.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing Your content from the Website if it is offendable, suspending or terminating your account on the Website.
Under no circumstances we have any intellectual property rights to Your content uploaded by you to your account on the Website.
Your content is encrypted and protected in accordance with PCI DSS security standard.
8. Your content containing personal data
You acknowledge and agree that some of Your content that you upload on the Website may contain Personal data.
For the purposes of this clause 8 "Confidential Information" means all information in any and all medium, including but not limited to Your content, that has been disclosed or will be disclosed by you to us via the Website including, without limitation, text, data, technology, source code, know-how, inventions, discoveries, designs, processes, formulations, models, equipment, algorithms, software programs, documents, specifications, information concerning research and development work, and/or trade and business secrets.
Confidential Information shall not include any information which:
is already known to us or is publicly available at the time of disclosure;
is disclosed to us by a third party who is not, to our knowledge, in breach of an obligation of confidentiality;
was or is independently developed by us without use of the Confidential Information disclosed by us; or
is disclosed pursuant to a court order, provided we at your request and expense, use reasonable efforts to limit such disclosure to the extent requested.
We shall not disclose or otherwise provide any Confidential Information to any third party without your prior written consent.
We agree to hold all Confidential Information in strict confidence and to take all reasonable steps to safeguard the Confidential Information including, without limitation, those steps that we take to protect our own Confidential Information of a similar nature.
10. Disclaimer of Warranty
Your use of the Website is at your sole risk. The Services and the Products are provided on an “as is” and “as available” basis. We expressly disclaim 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.
We make no warranty that (i) the Website, the Services and the Products will meet your requirements, (ii) the Website will be uninterrupted, timely (up-to-date), or error-free, (iii) the results that may be obtained from the use of the Website, the Services and the Products will be accurate or reliable, or (iv) the quality or fitness of any Services and Products purchased or obtained by you through the Website will meet your expectations.
The Website is secured by taking appropriate administrative, physical, and technical measures for protection of the security, confidentiality and integrity of Your content, including, but not limited to using certified secured data protocols and encrypting sensitive data (“Website security”). Our Website security is provided “as is” and “as available,” and we make no warranties that the level of our Website security shall be resistant to possible ddos and any other types of attacks on our Website and consecutively we bear no liability whatsoever if the available level of our Website security is not sufficient to withstand any of the above mentioned attacks.
11. Limitation of Liability
You expressly understand and agree that we and our affiliates, employees, officers, directors, owners, agents, licensees, licensors (collectively, “Released parties”) 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 we have 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 Website, the Services and the Products; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Website; or (v) any other matter relating to the Website. In no event will our total liability to you for all damages, losses or causes of action exceed whatever is greater: (a) Subscription Fee for 6 (six) months or (b) US$100.
Some jurisdictions do not allow the 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. If you are dissatisfied with any portion of the Website, the Services and the Products or with this limitation of liability, your sole and exclusive remedy is to discontinue the use of the Website, the Services and the Products.
We may terminate or suspend your right to access your account on the Web-site and use the License at any time by providing you with email notice of such termination or suspension in the following cases:
upon the demand of a state authority;
in case of your violation of the applicable legislation;
if Your content uploaded onto the Website contradicts the applicable ethical or legislative norms (contains calls for terrorism, coup, etc.).
If we terminate or suspend your right to use the Website and the License for any of these reasons, you will not be entitled to any refund of unused balance in your Subscription Fee. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, unless we give express consent hereto.
When your account is terminated for any reason, you may no longer have access to Your content kept on the Website. Your content may be deleted from the Website.
14. Arbitration and Governing law
15. Entirety and Severability
16. No waiver
17. No assignment
18. Links to Third Parties
21. Contacting us
Should you wish to contact us with any questions or comments with respect to the Website, the Services and the Products, please visit our Website or email us at email@example.com.