“Agreement” refers to these Terms of Service.
“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video.
“WaSpeak” refers to the company WaSpeak LLC.(Wa-X)
“Services” shall refer to the services provided by WaSpeak through the Website.
“User Submitted Content” shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, and video.
“Users” shall refer to anyone who uses WaSpeak’ Website or Services.
“Website” shall refer to the website and Content at waspeak.com.
“You” shall refer to you, the person who is entering this Agreement with WaSpeak. If You are entering this Agreement on behalf of yourself personally, then You refers to you as an individual. If You are entering this Agreement on behalf of a business that is a separate legal entity, then You refers to that business entity.
By visiting the Website or using the Services, You accept and agree to these Terms of Service，Copyright statement and Privacy Policy , which is incorporated by reference into these Terms of Service. These Terms of Service constitute a legal agreement between You and WaSpeak and spell out the terms and conditions to which You must adhere. If You do not agree to any of these terms and conditions, then do not use the Website or Services.
The Website and Services are owned by WaSpeak and constitute proprietary information and property and are protected by copyright and/or trademark law, as well as applicable foreign laws.
WaSpeak hereby grants You permission to use the Website, Content, and Services, provided that (i) your use is solely for your personal, noncommercial use (other than using the Services as intended); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the Content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
Through the Website, WaSpeak provides Users with the ability to search and find different products and brands and contact the manufacturers of such products and brands by way of a form on the Website. WaSpeak does not receive any fee from manufacturers in exchange for any submissions by Users or in exchange for Users making purchases from manufacturers. WaSpeak does not provide or otherwise sell manufacturers’ goods and WaSpeak is not acting as an agent, broker, employee, or employer of any User or manufacturer. Accordingly, the Website acts only as an online venue, and WaSpeak is not and will not be a party to any agreement between any User and manufacturer regarding the purchase of any manufacturer’s goods or services. WaSpeak has no control over, and makes no representations, regarding any qualities or characteristics of the goods or services being sold by manufacturers. WaSpeak does not warrant that any manufacturer’s goods/services, prices, taxes, or descriptions are accurate, complete, or reliable. You, as a buyer, are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes.
As a condition for your use of the Website, Content, and Services, You agree (i) not to use the Website, Content, or Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to submit any content that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by WaSpeak in its sole discretion; and (iii) not to interfere or disrupt the Website, Content, or Services or servers or networks connected to the Website or Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. WaSpeak has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.
WaSpeak may use advertising revenue to support its provision of the Website and Services and may display advertisements, including third party advertisements, on the Website. You agree that WaSpeak may display image and video advertisements in close proximity to your User Submitted Content on the Website and that, absent a separate advertising revenue sharing agreement between You and WaSpeak, any revenue generated by such advertisements shall belong exclusively to WaSpeak.
No joint venture, partnership, employment, or agency exists between You and WaSpeak, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
You may need to provide personally identifiable information in order to use some or all of the Services, such as creating a User account, submitting photographs, and/or posting job listings. Any such information provided to WaSpeak will be governed by WaSpeak’ Privacy Policy (available at https://www.waspeak.com/s/p/privacy/).
You will need an account to use certain Services. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact WaSpeak immediately.
You warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant WaSpeak a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content (including any inspiration boards created by You on the Website), including, but not limited to, on the Website and through WaSpeak’ newsletter and social media accounts, including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, and Pinterest. In addition, by submitting content to the Website, You grant other WaSpeak Users a worldwide, perpetual, irrevocable, royalty-free transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content (including any inspiration boards created by You on the Website) (i) through the social media sharing features of the Website, (ii) to create, collaborate, and share inspiration boards on the Website, (iii) and as otherwise permitted through the functionality of the Website.
WaSpeak disclaims any liability for any User Submitted Content or third party content submitted to, or posted on, the Website. If You believe that any Content on the Website infringes your copyright, trademark, or other intellectual property right, please send your claim to WaSpeak by email to legal@waspeak.comUpon confirmation, we will promptly remove the content in question. For copyright details,please refer to the copyright statement。
The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by WaSpeak of the content, products, services, or business practices of such third party websites. WaSpeak is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WaSpeak DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WaSpeak DOES NOT WARRANT THAT THE WEBSITE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WaSpeak DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY USER SUBMITTED CONTENT ON THE WEBSITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR TABLET AND ANY LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE OR SERVICES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. WaSpeak DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY THIRD PARTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
NEITHER WaSpeak NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF WaSpeak HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WaSpeak’ AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO WaSpeak OR $1.0, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless WaSpeak, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website, Content, or Services, (ii) your violation of these Terms of Service, (iii) your violation of any third party right, including, but not limited to, intellectual property rights and privacy rights, and (iv) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. WaSpeak reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of WaSpeak without WaSpeak’ prior written approval.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website, Content, and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
WaSpeak may, in its sole discretion, terminate or suspend your access at any time, without notice, to all or any part of the Website, Content, or Services for any or no reason, including, but not limited to, a breach of these Terms of Service.
These Terms of Service may not be assigned by You without the prior written approval of WaSpeak. WaSpeak may assign these Terms of Service without your consent.
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or arbitrator or court, and the remaining provisions shall remain in full force and effect.
The failure of WaSpeak to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by WaSpeak. In addition, WaSpeak’ waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and WaSpeak relating to the subject matter of this Agreement and supersede any prior written or oral representations.
These Terms of Service shall be governed by the laws of location of the WaSpeak（Wa-X) enterprise, without respect to its conflict of laws principles.
These Terms of Service were last updated on February 20, 2024.
