Terms of Service
SpeechNest LLC (“STC,” “we,” “us,” and “our”) provides online fashion and style content and services. These Terms of Service (these “Terms”) apply to your access and use of our website located at http://skirttheceiling.com and all of our other websites to which these Terms are posted (collectively, the “Site”) and any services, content, and features made available by use through such websites (together with the Site, the “Services”). In these Terms, “you” and “your” refer to any user of the Services.
1. Termination and Modifications.
STC may in our sole discretion suspend, limit, or terminate your access to and use of the Services at any time for any reason with or without notice, including, without limitation, if STC believes that you have violated these Terms. Termination of your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your access to and use of the Services will survive such termination, such as Section 4 and Sections 13-16.
STC reserves the right to discontinue the Services or to change the content, features, and functionality of the Services in any way and at any time, with or without notice to you, and without liability. STC may also modify these Terms at any time. You should review all applicable terms regularly. When we revise these Terms, we will post the revised version on the Site. Any revised version of these Terms will be effective upon posting on the Site, unless otherwise set forth therein or as otherwise provided by us or required by applicable law. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing and using the Site. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
2. Additional Terms
In connection with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions imposed by us (“Additional Terms”), which are hereby incorporated by reference into these Terms. To the extent of any inconsistency between these Terms and any Additional Terms, the Additional Terms will control, unless otherwise expressly provided by us.
There are currently no fees for the Services, but we reserve the right to charge fees for the Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Site or by any other method permitted by applicable law. If you continue using the Services after such notice, you must pay all applicable fees for the Services.
3. Access to the Services.
STC, at its sole discretion, may allow or restrict access to the Services. You may, subject to these Terms, the Additional Terms, and all other policies of STC, access and use the Services and some (but not necessarily all) of the Services’ functionalities. One function of the Services is to send digest newsletters containing third-party links and information regarding third-party products. You may review third-party products and materials via the Services and can view, “like,” and “favorite” various products available for purchase from third parties. You acknowledge and agree that the applicable third party, not STC, is the seller of such products and is solely responsible for such products. STC provides the Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party products. You further acknowledge and agree that STC is not liable whatsoever for any harm that might result from your purchase of any third-party products or any statements posted through the Services, including information and opinions on the Services, products viewed via the Services, or third-party advertisements or services posted or linked through the Services.
4. Eligibility; Registration.
THE SERVICES ARE NOT DIRECTED, OR INTENDED TO BE ATTRACTIVE TO CHILDREN UNDER THE AGE OF 13. AS SUCH, THE SERVICES ARE OFFERED AND AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 YEARS OF AGE OR OLDER BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, YOU MAY ACCESS OR USE THE SERVICES ONLY WITH PERMISSION AND SUPERVISION OF YOUR A PARENT OR LEGAL GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN FOR A CHILD OVER 13 YEARS OF AGE THAT ACCESSES OR USES THE SERVICES, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S ACCESS AND USE OF THE SERVICES.
You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign, or otherwise transfer your account or login information to any other person or entity. Except as otherwise provided by applicable law, you are responsible for any and all activities, whether authorized by you or not, that are conducted using your account. STC shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify STC immediately of any unauthorized use of your account. STC shall have the right at any time to change your username and password.
5. Restrictions on Use.
You may access and use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to (and not to allow any third party to):
a) access or use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
b) attempt to gain any unauthorized access to any other user’s account for the Services;
c) access or use the Services in any way that may infringe upon the intellectual property rights or other rights, including, but not limited to, trademark, copyright, privacy, or publicity rights, of any third party or STC;
d) retrieve data from the Services to create or compile, copy, transcribe, publish, transmit or otherwise share, any STC images, features, functionality, code, or any other aspects of the Services, in whole or in part, with any third parties or on any third-party websites, including, without limitation, the use of screen shots; in any way, directly or indirectly, in whole or in part, a collection, compilation, database, or directory without the express written permission of STC;
e) use any robot, spider, other automatic device, or manual process to monitor or copy any content made available in connection with the Services;
f) engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services in any manner or in any quantities not authorized by STC;
g) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of STC or its affiliates without our prior express written consent;
h) remove or obscure any proprietary or other notices displayed in connection with the Services;
i) use any meta tags or any other “hidden text” utilizing STC’s name or trademarks without our express written consent;
j) use any device, software, or routine to bypass any code that may be included to prevent you from breaching the restrictions in this Section or to interfere or attempt to interfere with the proper working of the Services;
k) take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure;
l) knowingly provide false information to sabotage or otherwise negatively affect the Services;
m) introduce any viruses, trojan horses, worms, logic bombs or other material to the Services that is malicious or technologically harmful; or
n) reverse engineer, disassemble, or decompile any STC prototypes or software, nor any other systems, information, materials, or objects that are provided to you or to which you are granted access hereunder.
6. User Content.
b) By sharing User Content in connection with the Services, you represent and warrant that (i) you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; (ii) you have the right, power, and authority to share that User Content and grant the rights and licenses to that User Content provided herein; and (iii) the User Content does not and will not infringe, misappropriate, or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, or any other law or regulation.
c) You hereby grant STC a non-exclusive, perpetual, worldwide, royalty-free, unrestricted, irrevocable, and transferable license to use, host, store, transmit, reproduce, distribute, sell, sublicense, modify, copy, delete, create derivative works from, communicate, publish, publicly perform, publicly display, and otherwise exploit your User Content for any purpose, including, but not limited to, operating, promoting, and improving the Services and other commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or similar rights you may have in your User Content, even if such User Content is altered or changed in a manner not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms.
7. Inappropriate User Content.
You may not post, publish, display, or submit inappropriate User Content in connection with the Services. Inappropriate User Content includes anything STC, in its sole discretion, determines to be offensive or inappropriate including, without limitation, User Content that:
a) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity or creates a false identity for purposes of misleading others;
b) promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable;
c) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
d) you do not have the right to disclose under contract or applicable law;
e) contains software viruses or any other technology designed to interrupt, destroy, or limit the functionality of the Services;
f) involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails – “spam”;
g) uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
h) engages in advertising or other solicitation activities, such as pyramid schemes, contests, or sweepstakes;
i) includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
j) violates or encourages or facilitates the violation of any applicable local, state, national or international law.
8. Ownership of Intellectual Property.
All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to STC and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.
You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of STC and/or their respective owners and may not be used without the express written permission of STC and/or the respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or STC.
You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you agree not to (and not to allow any third party to) use, modify, disassemble, decompile, reproduce, distribute, rent, sell, license, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein.
9. Export Control.
Without limiting any other provisions of these Terms, you agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that you are not: (i) located in any country to which the United States has embargoed goods or has designated as a terrorist supporting country; and (ii) you are not listed on any United States list of prohibited parties.
STC may assign these Terms and its rights and obligations under these Terms freely. You may not assign these Terms or any rights or obligations under these Terms without STC’s prior written consent.
11. No Warranty; Disclaimers.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STC AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS (THE “STC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. STC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES.
THE STC PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SERVICES OR ANY USER COMMUNICATIONS.
THE STC PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES.
THE STC PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STC PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STC PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE STC PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREIN, OR REFUSE TO ABIDE BY THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING LIMITATIONS, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, THE COLLECTIVE LIABILITY OF THE STC PARTIES SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, STC SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, HOLD COMPLETELY HARMLESS, AND (AT OUR REQUEST) DEFEND THE STC PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW, OR EQUITY, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, USER CONTENT YOU SHARE THROUGH THE SERVICES, YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR YOUR OTHER ACTIONS OR OMISSIONS THAT RESULT IN LIABILITY TO THE STC PARTIES. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
14. Choice of Law, Venue, and Arbitration.
The laws of the state of Texas, without application of conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims, suits, actions, or proceedings arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts located in Houston, Texas. You waive any challenge to venue in, and personal jurisdiction over you, by such courts.
Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues.
15. Waiver; Severability; Headings.
16. Notices; Contact Us.
We will send all notices and other communication regarding the Services to you at the email address you provided for your user account, which may be updated by you from time to time through the Services. It is your responsibility for ensuring that STC has your current email address at all times. Any notice sent to such email address by STC shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
Any notices or communications sent by you to STC pursuant to these Terms must be in writing and sent to the address specified below or such other address as STC may specify in writing. All such notices shall be deemed effective upon documented receipt by us.
Skirt the Ceiling
1809 Wilson Street
Houston, TX 77019
If you have any questions, inquiries, requests, complaints, or comments regarding this Policy, please contact us at via email at: email@example.com.
Effective date: 2017