- Terms of Service
TERMS OF SERVICE:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by iSpeakSocial, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your ispeaksocial.com Account and Site. If you create a login on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and iSpeakSocial may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause iSpeakSocial liability. You must immediately notify iSpeakSocial of any unauthorized uses of your account or any other breaches of security. iSpeakSocial will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- The responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by iSpeakSocial or otherwise.
- By submitting Content to iSpeakSocial for inclusion on your Website, you grant iSpeakSocial a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, iSpeakSocial will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, iSpeakSocial has the right (though not the obligation) to, in iSpeakSocial’s sole discretion (i) refuse or remove any content that, in iSpeakSocial’s reasonable opinion, violates any iSpeakSocial policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in iSpeakSocial’s sole discretion. iSpeakSocial will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
- By selecting a product or service, you agree to pay iSpeakSocial the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable unless otherwise indicated on the specific sales page of a product. For refunds, please contact firstname.lastname@example.org.
- Automatic Renewal.
- Unless you notify iSpeakSocial before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to iSpeakSocial in writing. For more information regarding refunds, please go here.
- Fees; Payment. By signing up for a Services account you agree to pay iSpeakSocial the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. iSpeakSocial reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime. Just send us an email at email@example.com.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by iSpeakSocial to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free ispeaksocial.com services. All support will be provided in accordance with iSpeakSocial standard services practices, procedures and policies.
- Responsibility of Website Visitors. iSpeakSocial has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, iSpeakSocial does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iSpeakSocial disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ispeaksocial.com links, and that link to ispeaksocial.com. iSpeakSocial does not have any control over those non-iSpeakSocial websites and webpages, and is not responsible for their contents or their use. By linking to a non-iSpeakSocial website or webpage, iSpeakSocial does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. iSpeakSocial disclaims any responsibility for any harm resulting from your use of non-iSpeakSocial websites and webpages.
- Copyright Infringement and DMCA Policy. As iSpeakSocial asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ispeaksocial.com violates your copyright, you are encouraged to notify iSpeakSocial in accordance with iSpeakSocial’s Digital Millennium Copyright Act (“DMCA”) Policy. iSpeakSocial will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. iSpeakSocial will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of iSpeakSocial or others. In the case of such termination, iSpeakSocial will have no obligation to provide a refund of any amounts previously paid to iSpeakSocial.
- Intellectual Property. This Agreement does not transfer from iSpeakSocial to you any iSpeakSocial or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with iSpeakSocial. iSpeakSocial, ispeaksocial.com, the ispeaksocial.com logo, and all other trademarks, service marks, graphics and logos used in connection with ispeaksocial.com, or the Website are trademarks or registered trademarks of iSpeakSocial or iSpeakSocial’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any iSpeakSocial or third-party trademarks.
- Advertisements. iSpeakSocial reserves the right to display advertisements on site.
- Attribution. iSpeakSocial reserves the right to display attribution links such as ‘Blog at ispeaksocial.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. iSpeakSocial reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. iSpeakSocial may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. iSpeakSocial may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ispeaksocial.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by iSpeakSocial if you materially breach this Agreement and fail to cure such breach within thirty (30) days from iSpeakSocial’s notice to you thereof; provided that, iSpeakSocial can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. iSpeakSocial and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iSpeakSocial nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will iSpeakSocial, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to iSpeakSocial under this agreement during the twelve (12) month period prior to the cause of action. iSpeakSocial shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless iSpeakSocial, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between iSpeakSocial and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iSpeakSocial, or by the posting by iSpeakSocial of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami Dade County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iSpeakSocial may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We promise to follow the following data protection principles:
Processing is lawful, fair, transparent: Our processing activities have lawful grounds. We always consider your rights before processing personal data. We will provide you information regarding processing upon request.
Processing is limited to the purpose: Our processing activities fit the purpose for which personal data was gathered.
Processing is done with minimal data: We only gather and process the minimal amount of personal data required for any purpose.
Processing is limited with a time period: We will not store your personal data for longer than needed.
We will do our best to ensure the accuracy of data.
We will do our best to ensure the integrity and confidentiality of data.
DATA SUBJECT RIGHTS
The Data Subject has the following rights:
Right to information: meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
Right to access: meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
Right to rectification: meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
Right to erasure: meaning in certain circumstances you can request for your Personal Data to be erased from our records.
Right to restrict processing: meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
Right to object to processing: meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
Right to object to automated Processing: meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
Right to data portability: you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
Right to lodge a complaint: in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us at firstname.lastname@example.org
Right for the help of supervisory authority: meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
Right to withdraw consent: you have the right to withdraw any given consent for Processing of your Personal Data.
WHO IS COLLECTING THE DATA?
The data controller is I SPEAK SOCIAL, LLC.
WHAT DATA WE COLLECT ABOUT YOU
Visitors to our website can browse this website without entering any personal data and will only need to provide such information when they are completing a contact form or other requests in connection with the services we offer.
That personal information is typically name and email which is necessary for us to deal with your query and is only used in connection with our business.
Data Automatically Collected About You
This includes data that is automatically stored by cookies and other session tools (if you have consented to their use). IP address, geographical location of where you accessed our website, information about how you use/interact with our website and information about your computer or other electronic device (tablet and browser type).
Information From Our Partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. see our list of partners.
Publicly Available Information
We might gather information about you that is publicly available.
What Are Cookies?
Cookies are tiny files that help track the use of the site and to personalise your journey. These cookies can be stored so that if you return to a website, that website server can call the information from the cookies stored on your computer to tailor your experience of the site.
Cookies are perfectly safe to be stored on your computer and almost all web browsers have cookie storing enabled as default. However, all browsers have the option of disabling cookies being stored on your computer if you wish to do this.
Please be aware that disabling cookies on your browser will reduce your ability to browse online with iSpeakSocial.com, with a common experience of reduced functionality across the website.
To learn about how change the cookie settings for your browser please see our ‘How do I opt-out of cookies’ section below.
This site uses the following cookies – small text files that are placed on your machine to help the site provide a better user experience.
Google Analytics cookie: this shows web traffic analysis. These cookies have multiple expiration dates; please refer to here for more information.
How Do I Opt Out Of Cookies
You can manage the cookies that you allow on your computer through the internet browser that you use. You can also ask to be alerted every time a cookie is offered. There are instructions on how to manage your cookies using the most popular internet browsers below:
Find out which internet browser you use
On a PC: click on ‘Help’ at the top of your browser window and select ‘About’
On an Apple Mac: click on the Apple menu and select ‘About’ (make sure the browser is open)
Opting out of cookies in Internet Explorer
Click on ‘Internet Options’
Click the ‘Privacy’ tab
Move the slider to choose your settings
For more detailed privacy settings click on ‘Advanced’
Opting out of cookies in Safari
Choose ‘Preferences’ from Safari menu
Cookie settings are shown
Choose your settings
Opting out of cookies in Google Chrome
As a default, Google Chrome allows all cookies. You can manage the behaviour of first-party and third-party cookies or even block them completely.
Click on the ‘Tools’ menu
Click the ‘Under the Bonnet’ tab
Find the ‘Privacy’ section
Click ‘Content settings’
Click the ‘Cookie settings’ tab and choose your settings
Opting out of cookies in Mozilla Firefox
You can configure which sites are allowed to set cookies, how long to keep them for, and view and manage your existing cookies.
Click on ‘Menu’, then ‘Options’
Choose your settings
Opting out of Flash Cookies
If you’d like to control the use of Flash Cookies on your computer, Adobe’s website offers tools to do this.
Like most website operators, iSpeakSocial collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. iSpeakSocial’s purpose in collecting non-personally identifying information is to better understand how iSpeakSocial’s visitors use its website. From time to time, iSpeakSocial may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
iSpeakSocial also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on ispeaksocial.com blogs/sites. iSpeakSocial only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
GATHERING OF PERSONALLY-IDENTIFYING INFORMATION
We use your Personal Data in order to:
- Provide our service to you. Your data is used to process your contact queries.
- Improve the website experience for our users.
- Fulfill an obligation under law or contract.
We use your Personal Data on legitimate grounds and/or with your consent.
When you send us an enquiry you can opt in to receive marketing communications in relation to our products and services by ticking the relevant boxes. Any details that you give to us via this website or in any other way may be added to our database. We will then send you the relevant marketing communications, such mailings may include details of our products and services, newsletters, updates and invitations, for the purposes we have asked your consent for, until such time that you remove your consent. In these instances, processing is performed on the basis of your consent.
Certain visitors to iSpeakSocial’s websites choose to interact with iSpeakSocial in ways that require iSpeakSocial to gather personally-identifying information. The amount and type of information that iSpeakSocial gathers depends on the nature of the interaction. For example, we ask visitors who sign up at ispeaksocial.com to provide a username and email address. Those who engage in transactions with iSpeakSocial are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, iSpeakSocial collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with iSpeakSocial. iSpeakSocial does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
iSpeakSocial uses Facebook Custom Audiences. Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). To opt out of this collection of data and advertising, please contact email@example.com. Learn More at http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.
We will not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners for the purposes of delivering our services, fulfilling any contracts we enter with you, where required by law or to enforce our legal rights. We only work with processing partners who are able to ensure adequate level of protection to your Personal Data. iSpeakSocial respects your data and have put in place suitable physical, electronic and managerial procedures to safeguard against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data. We use safe protocols for communication and transferring data (such as https). We monitor our systems for possible vulnerabilities and attacks.
We will keep hold of your data for no longer than necessary. The length of time we retain it will depend on any legal obligations we have (such as tax recording purposes), the nature of any contracts we have in place with you, the existence of your consent or our legitimate interests as a business.
Contact submissions are held on email. Emails are retained for 7 years and access is restricted to the management team.
iSpeakSocial may collect statistics about the behavior of visitors to its websites. iSpeakSocial may display this information publicly or provide it to others. However, iSpeakSocial does not disclose personally-identifying information other than as described below.
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
iSpeakSocial discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on iSpeakSocial’s behalf or to provide services available at iSpeakSocial’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using iSpeakSocial’s websites, you consent to the transfer of such information to them. iSpeakSocial will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, iSpeakSocial discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when iSpeakSocial believes in good faith that disclosure is reasonably necessary to protect the property or rights of iSpeakSocial, third parties or the public at large. If you are a registered user of an iSpeakSocial website and have supplied your email address, iSpeakSocial may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with iSpeakSocial and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. iSpeakSocial takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If iSpeakSocial, or substantially all of its assets, were acquired, or in the unlikely event that iSpeakSocial goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of iSpeakSocial may continue to use your personal information as set forth in this policy.
We will take all reasonable steps to keep your personal information accurate and, where necessary, up to date. If you believe that any of the information that we hold about you is incorrect, please contact us. You also have a right to request a copy of the personal information that we hold about you; if you would like a copy of that information, again, please contact us.