We Speak, LLC

Terms of Use

We Speak, LLC (“We Speak”, “we” or “us”) is proud to have you join our revolution!  We Speak owns and operates this site www.wespeakny.com site (the “Site”).  By using the Site, You agree to be bound by all of the terms in these Terms of Use (the “Terms”).

We reserve the right, in our sole discretion, to update or modify these Terms at any time. Your continued use of the Site following the posting of any changes to these Terms constitute your acceptance of those changes.  Please read these Terms carefully and if You have any questions, please contact us as instructed below.

  1. Use of the Site. The Site provides aspiring models and others who seek models a platform to connect and facilitate professional relationships in a healthy and prosperous environment for all.  Aspiring models may register with We Speak for representation under the terms of a Modelling Agreement and persons who seek models may find models on the Site.  We also welcome and accept contributions and sponsorships from all who wish to join our cause.   Should you decide to join We Speak, you will be required to complete and execute a We Speak Modeling Agreement or a We Speak Membership Agreement, the terms of which shall govern your relationship with We Speak and supersede these Terms.

While visiting the Site, You are entirely responsible for your use of the Site and any Content you provide or use.  You hereby represent and warrant that You have full legal right and authority to use the Site and participate in the services available on and through the Site.  You further represent and warrant that You will not use the Site for any illegal purpose.

  1. Content.   You agree and acknowledge that all information, text, files, images, photos, video and other materials created by You or others and posted on, transmitted through or linked from this Site (“Content”) are solely owned by and the sole responsibility of the person from whom such Content originated.  We Speak does not control and is not responsible for Content made available through this Site.  You understand that You may be exposed to Content that is offensive, indecent, inaccurate or otherwise objectionable.  By posting Content on or through this Site, You hereby grant to us a nonexclusive, fully paid and royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you.  You represent and warrant that You own or control all applicable rights or You have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content and You have the right to grant the license set forth in this section.

  2. Conduct.  You are solely responsible for the Content and context of any materials You post or submit through this Site.  You warrant and agree that while using this Site, You will not to post, e-mail, or otherwise make available Content that:

    1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

    2. is pornographic or depicts a human being engaged in sexual conduct;

    3. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    4. impersonates any person or entity, including, but not limited to, one of our employees, a governmental official, or falsely states or otherwise misrepresents your affiliation with a person or entity;

    5. is false, deceptive, misleading, deceitful, or misinformed;

    6. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

    7. 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;

    8. disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects others’ ability to use the Site; or

    9. employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.

 

You further warrant and agree not to: (a) “talk” or otherwise harass anyone; (b) collect personal data about other visitors or any other person for unlawful purposes; or (c) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.

 

You acknowledge that We Speak may or may not pre-screen Content, but that We Speak and its agents shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site, including without limitation, any Content that violates these Terms or is otherwise objectionable.

 

  1. Links. The Site may contain links to other Web sites. We do not control such other Web sites and are not responsible or liable for the availability thereof or the products, services or other materials contained on such Web sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Web sites, including the products, services and materials therein, is solely at your own risk.

  2. Intellectual Property. You hereby agree and acknowledge that as between You and We Speak, We Speak owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to We Speak, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of We Speak or the owner of the mark, as appropriate, is prohibited.

  3. No Warranty/Limitation of Liability.  THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER.  WE SPEAK, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (“WE SPEAK PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR THE CONTENT. WE SPEAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

YOU FURTHER AGREE THAT WE SPEAK HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED BY OR TRANSMITTED THROUGH THE SITE.

 

UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED ANY MEMBERSHIP FEE WE MAY CHARGE YOU, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF WE SPEAK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WE SPEAK PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. WE SPEAK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.

  1. Indemnification. You agree to indemnify, hold harmless and, at our option, defend We Speak Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of these Terms.

  2. Privacy Notice. Information collected through the Site will be used in accordance with our Privacy Notice.  By accepting the terms of these Terms, You hereby acknowledge that You have read and understand the Privacy Notice and agree to its terms.

  3. Severability/Waiver. In the event any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in these Terms shall not constitute a waiver of such rights upon the recurrence of such violation.

  4. Modifications/Termination. We reserve the right at any time to modify, suspend or permanently discontinue the Site or any portion thereof, with or without notice. You hereby agree that We Speak shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.  If You become dissatisfied with this Site in any way, your only recourse is to immediately discontinue such use.

  5. Arbitration. All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of New York applicable to contracts entered into and wholly to be performed within New York.  Any controversy or claim arising out of or relating to these Terms or your use of the Site shall be settled by individual binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in New York County, New York, and as such, you waive all rights to lead or participate in, a consumer class action.

  6. Third Party Disputes. If there is a dispute between You and any third party, You understand and agree that We Speak is under no obligation to become involved.  In the event that You have a dispute with one or more other third parties, You hereby release We Speak Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If You are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  7. Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.

  8. Entire Agreement. These Terms constitute the entire agreement between You and Us relating to the subject matter herein.

  9. Feedback. If You have comments on the Site or ideas on how to improve it, please contact us. Please note that by doing so, You also grant We Speak permission to use and incorporate your ideas or comments into the Site without compensation or acknowledgement.

  10. Customer Service. If You have any questions or concerns about the Site, contact us.

 

 

Last Update:   These Terms were last updated on June 1, 2015.

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