Meaningful Speech LLC'S TERMS OF SERVICE
Last Revised: February 2, 2022
DESCRIPTION OF SERVICE AND ACCEPTANCE OF
BINDING LEGAL AGREEMENT
Meaningful Speech LLC provides online information, including audio and video storage and broadcasting services. The Meaningful Speech Services includes a selection of online content that appears on the Meaningful Speech Site (collectively, the “Content”). Meaningful Speech Services includes the Content, Meaningful Speech LLC’s Player for viewing the Content, and any other features, tools, applications, materials, or other services offered from time to time by Meaningful Speech LLC in connection with Meaningful Speech LLC’s business, however accessed.
The Content is available for permissible viewing on or through the Properties. The Properties collectively includes the MeaningfulSpeech.com website (the “Meaningful Speech Site”); Meaningful Speech LLC’s affiliate and distributor websites; other websites where users or website operators are permitted to embed the Player; and Meaningful Speech LLC authorized applications, features, or devices.
ACCESS AND USE OF THE Meaningful Speech Services
Age Limitations. If you are under the age of 13, then you are not permitted to register with Meaningful Speech LLC or use any feature or other part of the Meaningful Speech Services that requires registration. In order to subscribe to Meaningful Speech Premium, you must be at least 18 years of age.
You represent that you are at least 13 years of age if you are registering an account and, if you are a Meaningful Speech Premium user, that you are at least 18 years of age.
The Player. Meaningful Speech LLC may employ a Player, for example a Kajabi player, to provide Meaningful Speech Services. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with, or otherwise circumventing the Player in any manner that enables users to view the Content without (1) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Player is located; and (2) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding Digital Files Using the Player. Where Meaningful Speech LLC has incorporated an embed option in connection with Content on the Meaningful Speech Services, you may embed digital files using the Player, provided you do not embed the Player on any website or other location that: (1) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Meaningful Speech LLC (in Meaningful Speech LLC’s sole discretion), or (2) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Player into any hardware or software application, even for noncommercial purposes. Meaningful Speech LLC reserves the right to prevent embedding to any website or other location that Meaningful Speech LLC finds inappropriate or objectionable (as determined by Meaningful Speech LLC in its sole discretion).
Ownership. You agree that Meaningful Speech LLC owns and retains all rights to the Meaningful Speech Services. You further agree that the Content you access and view as part of the Meaningful Speech Services is owned or controlled by Meaningful Speech LLC and Meaningful Speech LLC’s licensors. The Meaningful Speech Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. You and other users must use the Meaningful Speech Services for lawful, noncommercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Meaningful Speech Services, Content, Player, and embedding restrictions detailed above and further agree that you will not access the Meaningful Speech Site or use the Meaningful Speech Services in a way that:
(1) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
(2) uses technology or other means to access, index, frame, or link to the Meaningful Speech Services (including the Content) that is not authorized by Meaningful Speech LLC (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, or distribution of, or access to, the Meaningful Speech Services);
(3) involves accessing the Meaningful Speech Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Meaningful Speech Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
(4) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(5) damages, disables, overburdens, impairs, or gains unauthorized access to the Meaningful Speech Services, including Meaningful Speech LLC’s servers, computer network, or user accounts;
(6) removes, modifies, disables, blocks, obscures, or otherwise impairs any advertising in connection with the Meaningful Speech Services (including the Content);
(7) uses the Meaningful Speech Services to advertise or promote services that are not expressly approved in advance in writing by Meaningful Speech LLC;
(9) encourages conduct that would constitute a criminal offense or give rise to civil liability;
(11) interferes with any other party’s use and enjoyment of the Meaningful Speech Services; and/or
(12) attempts to do any of the foregoing.
No Spam/Unsolicited Communications. You may not use the Meaningful Speech Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that Meaningful Speech LLC may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in the User Reviews, Comments, and Other Material section) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Meaningful Speech Services, you acknowledge that you will have caused substantial harm to Meaningful Speech LLC and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Meaningful Speech LLC a minimum of $100 (one hundred dollars) for each such unsolicited communication you send based on the Meaningful Speech Services, in addition to any other appropriate remedies.
Meaningful Speech Premium Subscriptions and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes this involves giving users the choice of paying a fee in order to view Content that Meaningful Speech LLC would not otherwise be able to make available without charging a fee. As part of that, access to the Content in Meaningful Speech Premium requires payment by you of a subscription fee.
You can find the specific details regarding your subscription to Meaningful Speech Premium at any time by logging into Your Account on meaningfulspeech.com. You agree that your Meaningful Speech Premium account is for individual use only and your Meaningful Speech Premium account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Meaningful Speech LLC may provide a variety of payment options for Meaningful Speech Premium subscriptions, including one-time fees and/or renewal subscriptions. Current offerings may be found by visiting meaningfulspeech.com. By signing up for your Meaningful Speech Premium subscription, you are expressly agreeing that Meaningful Speech LLC is authorized to charge you one-time or a periodic subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Meaningful Speech Premium to the credit card or other payment method accepted by Meaningful Speech LLC (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account. If your Payment Method expires and you do not revise your Payment Method information or cancel Your Account, you authorize Meaningful Speech LLC to continue billing, and you will remain responsible for any uncollected amounts.
If renewal payments are required by your service, Meaningful Speech LLC may automatically bills your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day on which you are billed. In the event your subscription began on a day not contained in a given month, Meaningful Speech LLC bills your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize Meaningful Speech LLC to charge your Payment Method for the corresponding amounts. If Meaningful Speech LLC changes the subscription fee or other charges for Meaningful Speech Premium from time to time, Meaningful Speech LLC will give you advance notice of these changes by e-mail, or messaging though whatever method you have used to access the Meaningful Speech Services. However, Meaningful Speech LLC will not be able to notify you of changes in any applicable taxes.
All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in “Ongoing Subscription and Cancellation” below. Very rarely, if there are special circumstances in which Meaningful Speech LLC determines it is appropriate (e.g., the Meaningful Speech Premium service is unavailable for days due to technical difficulties), Meaningful Speech LLC may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Meaningful Speech LLC’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Unpaid Amounts. If periodic payments are required, in order to sustain the Meaningful Speech Premium service, it is important that each user of the Meaningful Speech Premium service honor the payment obligations to which the user agreed. Accordingly, Meaningful Speech LLC reserves the right to pursue any amounts you fail to pay in connection with Meaningful Speech Premium. You will remain liable to Meaningful Speech LLC for all such amounts and all costs Meaningful Speech LLC incurs in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
ACCOUNTS AND REGISTRATION
Meaningful Speech LLC may from time to time offer various features that require registration or the creation of an account with Meaningful Speech LLC. If at any time you choose to register or create an account with Meaningful Speech LLC, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Meaningful Speech LLC representative. You are responsible for all use on Your Account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify Meaningful Speech LLC by emailing [email protected] and completing the form as soon as you know of, or suspect, any unauthorized use of Your Account. Please also make sure to notify Meaningful Speech LLC if your registration information changes, in case Meaningful Speech LLC needs to contact you.
You may terminate Your Account by going to Your Account and choosing the “Delete My Account” option. Please identify Your Account and provide a valid reply e-mail address in the event Meaningful Speech LLC requires additional information to terminate Your Account. Please note that if you are a Meaningful Speech Premium subscriber, you must first cancel your Meaningful Speech Premium subscription before you will be able to terminate Your Account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your Meaningful Speech Premium subscription.
COLLECTION AND USE OF PERSONAL INFORMATION
USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Meaningful Speech Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Meaningful Speech Services enjoyable for all of Meaningful Speech LLC’s users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Meaningful Speech Services. Moreover, you must not Post User Material that (1) contains Unsuitable Material, (2) improperly claims the identity of another person, or (3) is otherwise unsatisfactory to Meaningful Speech LLC, in the sole exercise of Meaningful Speech LLC’s discretion. Please note that Meaningful Speech LLC uses your first and last name as your user ID; therefore, your first and last name will appear to the public each time you Post. Meaningful Speech LLC advises that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your e-mail address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Meaningful Speech LLC the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Meaningful Speech LLC will remove all User Material if Meaningful Speech LLC is properly notified that such User Material infringes on another person’s rights. You acknowledge that Meaningful Speech LLC does not guarantee any confidentiality with respect to any User Material.
LINKED DESTINATIONS AND ADVERTISING
Meaningful Speech LLC is not responsible for the content or practices of any website or destination other than the Meaningful Speech Site, even if it links to the Meaningful Speech Site and even if the website or destination is operated by a company affiliated or otherwise connected with Meaningful Speech LLC. By using the Meaningful Speech Services, you acknowledge and agree that Meaningful Speech LLC is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Meaningful Speech Site.
Advertisements. Meaningful Speech LLC takes no responsibility for advertisements and/or any third-party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Meaningful Speech Services are between you and the advertiser, and you agree that Meaningful Speech LLC is not liable for any loss or claim that you may have against an advertiser.
Meaningful Speech LLC, the Meaningful Speech LLC logo, www.MeaningfulSpeech.com, and other Meaningful Speech LLC marks, graphics, logos, scripts, and sounds are trademarks of Meaningful Speech LLC. None of the Meaningful Speech LLC trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
IN NO EVENT SHALL Meaningful Speech LLC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “Meaningful Speech LLC PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Meaningful Speech Services (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE Meaningful Speech LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO Meaningful Speech LLC, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE Meaningful Speech LLC SERVICE, OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE Meaningful Speech LLC PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR USE OF THE Meaningful Speech Services (INCLUDING YOUR USE OF THE CONTENT). Meaningful Speech LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY
Meaningful Speech LLC WANTS YOU TO KNOW IT AFFECTS YOUR RIGHTS.
Meaningful Speech LLC expects that our world-class customer service team will be able to resolve most issues you may have using the Meaningful Speech Services. In the unlikely event that Meaningful Speech LLC does not meet your satisfaction, Meaningful Speech LLC prefers to specify now what you and Meaningful Speech LLC should expect in order to avoid any confusion later. Accordingly, you and Meaningful Speech LLC agree to the following resolution process.
Because Meaningful Speech LLC prefers to resolve our issues with you directly, you agree to arbitrate with Meaningful Speech LLC only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class action basis or brought by a purported class representative.
Rather than force everyone to visit Meaningful Speech LLC in Illinois, if you can demonstrate that arbitration in Illinois would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in the County of DuPage, Illinois.
The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Regardless of how the arbitrator rules, each party is responsible for its own attorneys’ fees and costs.
Since Meaningful Speech LLC always prefers to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Meaningful Speech LLC for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to Meaningful Speech LLC at: 825 N. Cass Ave Suite 109, Westmont IL 60559.