1. Introduction

Welcome to Speaky, an online service that allows you to practise both your written and spoken language skills with people from around the world.

The following Terms and Conditions are a contractual agreement between you and Speaky (“www.speaky.com”, “we,” or “us”). The Terms and Conditions, together with the Site Policies are collectively referred to as the “Agreement” and as the “Terms of Service” or “Terms”. Certain terms used in this Agreement are defined here. By visiting or using the services available from the domain and sub-domains of www.speaky.com (the “Site”), you are agreeing to be legally bound by the Agreement.

We suggest that you consult the Terms and Conditions and any linked information regularly for updates, as we may make changes to these Terms from time to time. It is your responsibility to review these Terms frequently in order to remain informed of any changes to them. The current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Terms and Conditions will constitute your acceptance of such revised Terms.

By using Speaky, you fully accept all revisions or amendments of these Terms and Conditions.

2. Definitions

“User” means anyone using the Site.

“Practice Sessions” refers to one-to-one sessions between two Users, conducted via the facilities available on our Site.

In these Terms, words in the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neutral and vice versa, and words importing persons shall include corporate bodies, unincorporated associations and partnerships.

3. Price

It is free to register and use the services of speaky.com.

4. Modifications and Availability of the Site

4.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subject to the Terms.

4.2 We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions, nor that it will be error free. Users must not attempt to interfere with the proper working of the Site and, in particular, Users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

5. Applicability of Online Materials

5.1 The Site is controlled and operated by us from our offices in Belgium. We make no representations that the Site or any content of it is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.

5.2 For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook, Google or Twitter (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

6. Links

We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us. We make no representations whatsoever about any other sites which Users may access through this Site or which may link to the Site. When a User accesses any other site, they do so on the understanding that:

i. It is independent from this Site and that we have no control over the content or availability of that site.

ii. A link to any other site does not mean that we endorse or accept any responsibility for the content or the use of said site.

iii. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Any concerns regarding an external link should be directed to its respective site administrator or webmaster.

7. Registering and Messaging Rules

7.1 In order to participate in Practice Sessions, Users will be required to register with us. Any personal information supplied to us as part of this registration process and/or any other interaction with us will be collected, stored and used in accordance with our Privacy Policy.

7.2 Users must register with a valid personal email address that they access regularly so that moderation emails can be sent to them. If a User registers with someone else’s email address or with a temporary email address, their registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to termination a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of registrations.

7.3. Users agree to use the instant messaging and Practice Sessions services in accordance with the following rules (“the Rules”):

– No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.

– No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.

– No spamming or off-topic material: discussions should be relevant to the topic in hand and must not include unsolicited promotional material.

– No advertising or promoting: we do not allow advertising, promotions nor the posting of other website addresses.

– No impersonation.

– No inappropriate (e.g., vulgar, offensive, etc.) usernames.

7.4 Users may not use the instant messaging facility to submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing material with the intention of committing or promoting an illegal act is strictly prohibited. Users agree to submit to or share contributions which are their own original work only. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.

7.5 Speaky reserves the right to remove any content or account that we determine to be vulgar, contrary to the spirit of learning languages, to infringe or violate any party’s intellectual property, other proprietary rights, or these Terms and Conditions without notice, compensation or refund.

8. Disclaimers and Limitation of Liability

8.1 The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.

8.2 We are not responsible for the availability or content of any third-party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at their own risk.

8.3 The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)), is provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Site or any of the content. While we try to ensure that all content provided by us is correct at the time of publication, no responsibility is accepted by us for any errors, omissions or inaccurate content on the Site.

8.4 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or assets, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site, regardless of the form of action.

8.5 We do not guarantee that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

8.6 Users are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

8.7 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction Users take based on the information, services or other material available on or through this Site.

9. Privacy Policy

These Terms and Conditions do not transfer to you or any third-party intellectual property from Speaky, and all rights, titles and interest in and to such property will remain (as between the parties) solely with Speaky. Speaky, www.speaky.com, the logo, and all other trademarks, branding, graphics and logos used in connection with www.speaky.com, or the Site are trademarks or registered trademarks of Speaky or licensors. Other trademarks, branding, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site does not grant you the right or license to reproduce or otherwise use any Speaky or third-party trademarks.

10. General

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Speaky will not be considered to have modified or waived any of our rights or remedies under the Terms and Conditions, unless the modification or waiver is in writing and signed by an authorised representative of Speaky. No delay or omission by Speaky in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms and Conditions is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms and Conditions to anyone without the express written permission of Speaky, and any attempt to do so will be null and void. Speaky may assign this Agreement in its discretion.

11. Termination

Speaky may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your speaky.com account (if you have one), you may simply discontinue using the Site. 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.