Use of the Service
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such a password. When you register, we ask you to verify your email address. Without verification, you cannot use the additional features of the Service.
Your License to Company
Acceptable Use Policy
Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behaviour by any user, you should report such activity to Company at info[at]TheDigitalSpeaker.com.
You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service. In addition, you agree that any Content you publish on the Service is yours, that you own the copyright to that Content or that you have secured the rights to use that Content on the Service. It is solely your responsibility to ensure the copyright of your Content and the Service cannot be held liable and accountable when you fail to do so. Any fines as a result of breaching someone’s copyright are to be paid by you.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, license plate numbers for which you have not received approval to publish etc;
- 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; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You understand that when using the Service, you will be exposed to Content from a variety of sources and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
Termination of Access
This Service may contain links to other websites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.
Consultancy and Keynote Terms
The Digital Speaker also provides keynotes and consultancy services to organisations. Company undertakes that it will perform the services and supply the deliverables expressly described in a Proposal (“the Service”) that is signed between Company and the Client with reasonable skill and care and in a good manner. Company agrees to deliver the Service within a reasonable time. Both Parties will use all reasonable endeavours to meet any target date, project plan or time table referred to in the signed Proposal (“Date”).
The Proposal sets out the proposed fees, costs and expenses for the Service (“the Price”). All fees, costs and expenses referred to in the Agreement are exclusive of VAT, sales and similar taxes of any kind as well as exclusive of travel, and/or accommodation expenses.
Unless otherwise set out in the Proposal, the Price shall be payable in two instalments as follows: (i) as to 50%, on acceptance of the Agreement; and (ii) as to 50% on completion of the Service, within 8 business days.
If the customer does not fulfil the obligations under the agreement and this failure justifies termination, then Company is entitled to terminate the agreement with immediate effect without any obligation to pay any damages or compensation, while the customer, due to the breach of contract, is obliged to pay compensation to Company.
If the Client cancels or postpones until a later moment where Company is no longer available, an order placed entirely or partially, then the work already carried out over, plus any costs involved, will have to be paid by the Client to Company. In addition, the following is applied, unless otherwise agreed in the Proposal:
- Cancellation up to 90 days before the start of the project: 25% of the price in the Proposal, plus any cost involved in work already carried out.
- Cancellation 31 and 90 days before the start of the project: 50% of the price in the Proposal, plus any cost involved in work already carried out.
- Within 30 days before the start of the project: 100% of the price in the Proposal
Each Party accepts liability without limit for death or personal injury to any person due to its negligence or the negligence of its employees.
In respect of any liability other than those falling within the above clause and subject to clause below, each Party’s total liability arising out of or in connection with the Agreement shall not exceed in aggregate 100% of the total fees payable by the Client under this Agreement.
Neither Party shall in any circumstances be liable to the other whether in contract, tort (including negligence) or otherwise for any loss of profit, loss of contracts, loss of benefit, loss of production, loss of availability, loss of data, loss of anticipated savings, loss of reputation, loss of goodwill or loss of use suffered or incurred directly or indirectly by the other Party, any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature or any punitive or exemplary damages.
Nothing in this Clause shall affect or limit the Client’s obligation to pay sums properly due under the Agreement.
Company shall not, under any circumstances, be liable to the Client for any loss or damage resulting from a modification, adjustment or repair to the results of the Service or from any use by the Client of such results in a manner outside the reasonable contemplation of the Parties at the time the Agreement was made. Any such modification, adjustment, repair or use shall be undertaken at the Client’s sole risk.
Company shall not be responsible for any loss, damage, cost or expense arising from, or from any defect, mistake or inaccuracy in any Client Materials or information specified or supplied by the Client; any loss, damage, cost or expense arising there from shall be for the sole account of the Client.
Organizations (Clients) and Customers are entitled to buy products on the Service. The following services can be purchased on the Service:
- Masterclasses, whether on-demand or live;
- Premium membership to access premium content.
- Client will pay Company in accordance with the required product via a valid credit card: MasterCard, Visa or American Express.
- Company uses Stripe to process credit card payments. No credit card details are stored with Company.
- Company reserves the right to alter all product and service pricing without notice.
- Company reserves the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
- When you place an order, you will automatically receive a confirmation email from Company to confirm your order.
- All Company’s Subscriptions are non-refundable. Clients are not entitled to any refunds or prorations for cancellation, partial-month usage, or non-usage of the Service.
- All subscriptions automatically renew at the end of each term. You will be charged in advance of your payment period until your membership is cancelled. Such automatic renewal applies to both annual and month-to-month subscriptions. Client must cancel the Service before the monthly or annual renewal date in order to avoid automatic billing of subscription fees for the renewal term.
- Your membership period begins on the date on which you register for the Service and finishes on the day before that calendar date the following period.
- Company cannot be held liable or accountable for the quality and content of the leads supplied by visitors, the information on the profile or in the posts published.
You are responsible for the Content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
You acknowledge and agree that all Content you provide on the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You acknowledge and agree that you are permitted to review, edit and submit the Content provided on the Service.
Termination of Subscription Plan
Without prejudice to any remedy that Company may have against you, Company may terminate or suspend with immediate effect and without notice your access to and use of this Service and your membership if:
- It does not receive timely payment under your subscription;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
You may cancel your membership at any time. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.
Company also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription.
Our Proprietary Rights
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty euros (€50).
This Agreement shall be governed in accordance with the laws of The Netherlands, without giving effect to any conflicts of law principles. You agree to the exclusive jurisdiction of the Court of The Hague, the Netherlands for resolution of any disputes arising out of or concerning this Agreement.
Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Should you have any questions you may contact us at info[at]TheDigitalSpeaker.com.