Terms of Use for the SPEAK-A-MESSAGE Web Site

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the SPEAK-A-MESSAGE.com domain name, the "SPEAK-A-MESSAGE Website", or "Website"), you signify your agreement to these terms and conditions. If you do not agree to any of these terms, please do not use the SPEAK-A-MESSAGE Website.

B. You should periodically review the most up-to-date version which is available at http://www.speak-a-message.com/permalink.php?id=terms). SPEAK-A-MESSAGE may, in its sole discretion, modify or revise these Terms of Conditions and policies at any time, and you agree to be bound by such modifications or revisions.

2. Speak-A-Message Website

A. These Terms of Conditions apply to all users of the SPEAK-A-MESSAGE Website, including users who are also contributors of Skins, Soundtracks, and other materials or services on the Website.

B. The SPEAK-A-MESSAGE Website may contain links to third party websites that are not owned or controlled by SPEAK-A-MESSAGE. SPEAK-A-MESSAGE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SPEAK-A-MESSAGE will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SPEAK-A-MESSAGE from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the SPEAK-A-MESSAGE-Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. General Use of the Website -- Permissions and Restrictions

SPEAK-A-MESSAGE hereby grants you permission to access and use the Website as set forth in these Terms of Conditions, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without SPEAK-A-MESSAGE's prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to use the Website, including any available content on the website for any commercial use, without the prior written authorization of Speak-A--Message. Prohibited commercial uses include any of the following actions taken without SPEAK-A-MESSAGE's express approval:

• sale of access to the Website or its related services on another website;
• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

D. SPEAK-A-MESSAGE reserves the right to discontinue any aspect of the SPEAK-A-MESSAGE Website at any time.

4. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the SPEAK-A-MESSAGE Website.

A. The content on the SPEAK-A-MESSAGE Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SPEAK-A-MESSAGE, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SPEAK-A-MESSAGE reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the SPEAK-A-MESSAGE Service.

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SPEAK-A-MESSAGE Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SPEAK-A-MESSAGE Service or otherwise as prohibited under this Agreement.

D. You may access SPEAK-A-MESSAGE, User Submissions and other content only as permitted under this Agreement. SPEAK-A-MESSAGE reserves all rights not expressly granted in and to the SPEAK-A-MESSAGE Content and the SPEAK-A-MESSAGE Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the SPEAK-A-MESSAGE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SPEAK-A-MESSAGE Website or the Content therein.

G. You understand that when using the SPEAK-A-MESSAGE Website, you will be exposed to User Submissions from a variety of sources, and that SPEAK-A-MESSAGE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SPEAK-A-MESSAGE with respect thereto, and agree to indemnify and hold SPEAK-A-MESSAGE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. Your User Submissions and Conduct

A. You may submit content in the form of Skins, Soundtracks and comments to both. User Skins and Soundtracks as well as User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, SPEAK-A-MESSAGE does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SPEAK-A-MESSAGE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Conditions.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to SPEAK-A-MESSAGE, you hereby grant SPEAK-A-MESSAGE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SPEAK-A-MESSAGE Website and SPEAK-A-MESSAGE (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SPEAK-A-MESSAGE Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SPEAK-A-MESSAGE Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Conditions. The above licenses granted by you are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SPEAK-A-MESSAGE all of the license rights granted herein.

E. Concerning User Submissions you agree to not submit any content that might be used for commercial purposes especially regarding - but not restricted to - advertising. Failing to abide to this condition you may be hold liable to pay fines and damages to SPEAK-A-MESSAGE. The fine set forth for not complying with this this condition are set at 1000 € per User Submission.

F. SPEAK-A-MESSAGE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SPEAK-A-MESSAGE expressly disclaims any and all liability in connection with User Submissions. SPEAK-A-MESSAGE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SPEAK-A-MESSAGE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SPEAK-A-MESSAGE reserves the right to remove Content and User Submissions without prior notice.

7. Usage Termination Policy

A. SPEAK-A-MESSAGE will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. SPEAK-A-MESSAGE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SPEAK-A-MESSAGE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SPEAK-A-MESSAGE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAK-A-MESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SPEAK-A-MESSAGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPEAK-A-MESSAGE WEBSITE. SPEAK-A-MESSAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPEAK-A-MESSAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPEAK-A-MESSAGE 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL SPEAK-A-MESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPEAK-A-MESSAGE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPEAK-A-MESSAGE 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.

10. Indemnity

You agree to defend, indemnify and hold harmless SPEAK-A-MESSAGE, its parent corporation, officers, directors, employees 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: (i) your use of and access to the SPEAK-A-MESSAGE Website; (ii) your violation of any term of these Terms of Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SPEAK-A-MESSAGE Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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 over the age of 13, as the SPEAK-A-MESSAGE Website is not intended for children under 13. If you are under 13 years of age, then please do not use the SPEAK-A-MESSAGE Website.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPEAK-A-MESSAGE without restriction.