Speakeasy Terms of Service

Last updated: March 10, 2021

Company Information
Speakeasy Events, Inc.
info@speakeasy.com

Speakeasy Events, Inc. (“Speakeasy”) is a Delaware-based corporation. Speakeasy provides a platform for presenting, attending, and viewing interactive, online talks and workshops led by top experts. Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of our website, www.speakeasy.com, (the “Site”),  our products, and services. To make these Terms easier to read, the Site, our products, and services, are collectively called the “Services.”  These Terms govern your access to and use of our Services, whether as visitors, registered users, account holders, speakers, or event participants (collectively “Users”). By using the Site, or any of our Services, you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, please do not use the Services. Note that speakers are additionally asked to agree to our Speaker Agreement.

Important Notice Regarding Arbitration
When you agree to these terms, by creating an account or using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Speakeasy through binding individual arbitration rather than in court. Please carefully review the section entitled “Dispute Resolution” for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so. 

Important Notice About Event Recording
Many of the events hosted are recorded by Speakeasy for later broadcast, publication, marketing, analysis, or various other reasons. These recordings include the audio and video presented by the speakers, but may also include the audio and video of participants (including images such as account photos displayed for online hosted events). You hereby acknowledge and agree that Speakeasy may record events which you attend, that your likeness in audio or video may be recorded, and that Speakeasy may use such recordings at its discretion. 

Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, updates will be provided either by posting the updated Terms on our Site or through other communications. It is important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.

Who May Use the Services?
Certain Services are only available to registered Users.  Before becoming a registered User, you must establish an account (an “Account”).  Approval of your request to establish an Account will be at the sole discretion of Speakeasy. You may use the Services only if you are 18 years or older, are capable of forming a binding contract with Speakeasy, and are not barred from using the Services under applicable law. To use certain features of the Services you will need to provide certain information and create an account. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. You agree that you won’t disclose your Account password, where applicable, to anyone that you do not intend to have full access to your account, and you’ll notify us immediately of any unauthorized use of your Account. All transactions completed through your Account or under your Account ID will be deemed to have been lawfully completed by you. You’re responsible for all activities that occur under your Account, whether or not you know about them. Speakeasy reserves the right to disable any account, user name, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or of our Privacy Policy.

Accessing the Services
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Speakeasy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Speakeasy reserves the right to modify, revise, or remove the Services we provide, including the Site, at Speakeasy's sole discretion without notice. Speakeasy may restrict access to some parts of the Site, or other Services. Speakeasy will not be liable for any outages to the Site or other Services that may occur, for whatever reason. 

Ticket Refund Policy
Refunds for ticket purchases will be granted to users who request a refund within 24 hours from the time the purchase was made. Refunds must be requested by emailing info@speakeasy.com.

License
Subject to your compliance with the Terms, Speakeasy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Speakeasy.

Content Ownership, Responsibility and Removal 

Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@speakeasy.com, by responding to emails or surveys we send after events, and through other means. Please note though that we may use, copy, modify, or publish Feedback that you send us. (However, to the extent any of your Feedback is made public by Speakeasy, we will remove any identifying information about you.) Toward that end, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to any and all intellectual property rights in the Feedback you provide us. 

Your General Representations and Warranties
By using the Services, you expressly represent and warrant that your use of the Services is for a personal, non-commercial use. When using the Services, you agree to comply with all applicable laws. By using the Services, you represent, warrant, and agree to all of the following:


General Prohibitions and Speakeasy's Enforcement Rights
You agree not to do any of the following, and acknowledge that any of the following conduct is grounds for Account suspension or termination:

Electronic Signatures
For some activities related to the Services, Speakeasy may permit you to use your personal computer or mobile device to consent to certain provisions, terms, or agreements. In these cases Speakeasy will indicate what action you should take to indicate your agreement and consent (for instance, checking a box, tapping a button that says “Agree”).  You agree that by conducting that indicated action, you are providing your electronic signature and agree to be bound by the Terms in such Communication just as if you had signed your name to a paper document.

Endorsements
Endorsements that we use on the Services have been given willingly by our customers and supporters. They have not been paid for by Speakeasy, unless otherwise noted.  

Termination
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement.  Upon termination of this Agreement for any reason: (1) all rights granted to you under this Agreement shall terminate; (2) you will immediately cease all use of and access to the Services; and (3) Speakeasy may, in its sole discretion, delete your Account or your Content at any time. Sections of this Agreement that are intended by their nature to survive termination, shall survive termination. 

Disclaimers
The following disclaimers are made on behalf of Speakeasy, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. 
THE SERVICES, INCLUDING MATERIALS PRESENTED BY SPEAKERS, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

Indemnity
You agree to indemnify, protect and hold Speakeasy and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Speakeasy or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) your violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services. Speakeasy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Speakeasy in asserting any available defenses.

Claims of Infringement 
Claims of Infringement.  Speakeasy respects your copyrights and other intellectual property rights and those of other third parties. Please see our Copyright Policy for information about how to contact us if you believe any content hosted by Speakeasy infringes your intellectual property.

Telecommunications Consent 
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Speakeasy or anyone calling on its behalf, you expressly consent to be contacted by Speakeasy and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.  For example, we may listen to and record calls for quality monitoring purposes.  You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law. 
 
Limitation of Liability
NEITHER SPEAKEASY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPEAKEASY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SPEAKEASY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100).  THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPEAKEASY AND YOU. 
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH ANY AND ALL RELEASES UNDER THIS AGREEMENT, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Jurisdictional Issues
Speakeasy makes no representation that all Services are appropriate or available for use in your jurisdiction. Some products and services may not be available in all jurisdictions. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. 
 
Reliance on Information Provided
The information presented throughout the Services is made available for general information purposes only. Speakeasy does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents. Information presented at events by speakers or otherwise provided by speakers is not endorsed by Speakeasy and does not necessarily represent the views or opinions of Speaksy. To the extent speakers provide guidance or advice of any type - whether medical, financial, or advice of any other type - any such reliance you place on that guidance or advice is at your own discretion and risk, and Speakeasy expressly disclaims all liability and responsibility arising from any such reliance. 


Links to Third Party Sites
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge and agree that Speakeasy shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. 

Governing Law 
Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. 

Dispute Resolution

  1. Mandatory Arbitration of Disputes: You and Speakeasy each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, including any dispute relating to these arbitration provisions themselves (collectively, “Disputes”) will be resolved solely by binding individual arbitration and not in a class, representative or consolidated action or proceeding. You and Speakeasy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Speakeasy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
  2. Exceptions and Opt-Out: As limited exceptions to subsection (1) above: (i) either of us may seek to resolve a Dispute in small claims court in your county of residence or in the Superior Court of California, County of San Francisco, if all the requirements of the small claims court are satisfied; and (ii) we each retain the right to seek injunctive or other equitable relief from a state or federal court located in Northern District of California specifically to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at info@speakeasy.com within thirty (30) days following the date you first agree to these Terms.
  3. Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these arbitration terms.
  4. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  5. Class Action Waiver:  YOU AND SPEAKEASY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  6. Effect of Changes on Arbitration: Notwithstanding the provisions of Section entitled “Changes to Terms and Services” above, if Speakeasy changes any of the terms of this Section entitled “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@speakeasy.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Speakeasy's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Speakeasy in accordance with the Terms of this Section entitled “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  7. Severability:  With the exception of any of the provisions in subsection 5 ("Class Action Waiver"), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

Notices
Any notices or other communications provided by Speakeasy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights
Speakeasy's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Speakeasy.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Entire Terms
These Terms constitute the entire and exclusive understanding and agreement between Speakeasy and you regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Speakeasy and you regarding the use of the Services. This notwithstanding, some parties to these Terms may additionally enter into other agreements with Speakeasy that modify or extend the provisions of these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Speakeasy's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Speakeasy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Employment Opportunities
Speakeasy is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. Speakeasy encourages all qualified applicants to apply.

Contact Us
If you have any questions about these Terms or the Services, please contact us at info@speakeasy.com.