This user agreement governs your relationship with SpeakYourMindHere.com (“SYMH”) and your use of and access to all services and/or products provided by SYMH (collectively, the “Services”). You agree that by accessing or using any part of the Services you are bound by the terms of this User Agreement (the ‘Terms”), and you will resolve any disputes with SYMH through binding arbitration as explained below.
You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you: (a) You are at least 13 years old; (b) You are either an adult over the age of 18 years old, an emancipated minor, or you have express permission from your parent or legal guardian to use the Services; (c) You are legally allowed to use the Services where you live; (d) You are no using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms; and(e) You have not been banned by SYMH from using the Services.
Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies this criteria: (a) You have the legal right to post the content to the Services; (b) The content and the purpose for posting it complies with all laws, rules, and regulations that may apply; (c) The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity; (d) The content does not include non-public personal private information belonging to someone else, such as another persons birthdate, home address, or telephone number; and (e) The content complies with the SYMH Community Guidelines
You grant to SYMH a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that SYMH or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you. You warrant that you have all right necessary to grant these rights to SYMH and SYMH users. You also grant a limited, non-exclusive, royalty-free license to any user of the Servic3es to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any content posted by you to the Services solely in connection with that users use of the Services. The license granted by you hereunder do not include any moral rights or right of attribution.
Copyright infringement is not allowed on the Services, and SYMH will, in appropriate circumstances, terminate the account of any repeat infringer. If your copyright has been infringed by any content on the Services, and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S. C 512 (c)(3), to our Copyright manager at firstname.lastname@example.org
You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services, by hacking the Services, by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access, by testing the vulnerability of the Services, by impersonating SYMH or the Services, by accessing the Services for any purpose that competes with the interests of SYMH, by spamming the users of the Services, by failing to respond to operational communications or requests from SYMH, or any other type of interference with the Services or SYMH’s relationships with others.
SYMH may remove any content and terminate your access to the Services at any time and for any reason or no reason, although SYMH endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by SYMH to you to use the Services or submit content to the Services, or the fact that SYMH may receive a benefit from your use of the Services or submit content to the Services, or that fact that SYMH may receive a benefit from your use of the Services or provision of content to the Services, will not obligate SYMH to maintain any content or maintain your access to the Services. SYMH will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services, at any time and in any way and for any reason or no reason. Although the SYMH Guidelines provide guidance to you regarding content that is not appropriate, SYMH is free to remove content and terminate your access to the Services even where the Guidelines have been followed.
You agree to receive communication from SYMH, including communications sent by phone, e-mail, text message, or other means of communication. If you provided a phone number to SYMH, you are required to notify SYMH when you cease to own or control that number to help prevent SYMH from sending communications to others who may acquire that number.
The Services are provided to you as is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law. SYMH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SYMH makes no representations or endorsement about the function of the Services or any content available through the Services. SYMH has no responsibility or liability to you arising from your use of the Services. SYMH has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although SYMH may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. SYMH has no responsibility or liability to you arising from a hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
You agree to arbitrate any dispute that you have with SYMH. YOU AGREE TO RESOLVE ALL DISPUTES WITH SYMH THROUGH BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN SUFFOLK COUNTY, NEW YORK, unless the dispute meets the requirements for small claims court and is filed in a small claims court within Suffolk County, New York. IF for any reason this agreement to arbitrate is determined by a court or arbitrator to be unenforceable, you agree that the federal and state courts with jurisdiction over Suffolk County, New York will have exclusive jurisdiction over any dispute involving SYMH. Any arbitration will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures or Resolution of Consumer-Related Disputes. For disputes that involve a claim of less than US $10,000, the arbitration will be conducted only by telephone, online, or based solely on written submissions and not by personal appearance of any party or witness. This User Agreement and any dispute between you and SYMH will be governed by the laws of the State of New York.
You agree to arbitrate any dispute that you have with SYMH. YOU AGREE TO RESOLVE ALL DISPUTES WITH SYMH THROUGH BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN SUFFOLK COUNTY, NEW YORK, unless the dispute meets the requirements for small claims court and is filed in a small claims court within Suffolk County, New York. IF for any reason this agreement to arbitrate is determined by a court or arbitrator to be unenforceable, you agree that the federal and state courts with jurisdiction over Suffolk
You agree that you will not participate in a class action claim against SYMH. Nor will you participate in any other kind of representative action or arbitration. Nor may an arbitrator consolidate your claims with the claims of any other person. Nor may an arbitrator grant any relief on your claims that applies to someone else (such as injunctive relief that applies to a class of persons), except where such a contractual limitation is not permitted by law.
You agree to defend and indemnify SYMH, as well as any of its officers, directors, employees, and agents, from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all attorneys fees) arising from or relating to your access to and use of the Services. SYMH will have the right to conduct its own defense, at your expense, in any action or proceeding covered by this indemnity.
You affirm that you are competent to agree to be bound by this User Agreement, meaning that you are over the age of 18, an emancipated minor, or have legal parental or guardian consent.
The Terms of this User Agreement may be modified by SYMHin any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use SYMH or any of the Services after such modification. These Terms supersede all prior agreements between you and SYMH pertaining to the Services. Except for the statements in this document, no statement by SYMH or anyone associated with SYMH, whether verbal or written, can modify or supplement the Terms of this User Agreement unless the modification or supplement is state expressly in writing by referring to this User Agreement.
SYMH cannot waive any right to enforce this User Agreement unless it does so expressly in writing. No waiver of any part of this User Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this User Agreement will be deemed a waiver of any kind.