terms

Introduction: Your Agreement to these Terms of Service.

Welcome to the Spleak Media Network, Inc. ("Spleak Media Network") service for the distribution of content that includes an interactive, machine robot named "Spleak", the web sites at www.spleak.com, as well as any other web sites, embedded widgets, or other online services owned or operated by Spleak Media Network (collectively, the "Spleak Platform"). This Terms of Service (these "Terms" or this "Agreement") is for the users, members, subscribers, customers, and others who visit or use the Spleak Platform (collectively or individually, "Users").

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR OTHERWISE USING THE SPLEAK PLATFORM (INCLUDING CHATTING WITH SPLEAK), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SPLEAK PLATFORM.

NEVER DISPLAY ANY PERSONAL INFORMATION ON THE SPLEAK PLATFORM THAT COULD BE USED TO FIND YOU IN THE REAL, OFF-LINE, WORLD - for example, your full real name, mailing or home address, or phone numbers.

  1. 1. Eligibility; Account Information. THE SPLEAK PLATFORM (INCLUDING SPLEAK) IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SPLEAK PLATFORM BY SPLEAK MEDIA NETWORK. You agree that the information you provide to Spleak Media Network on User registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
  2. 2. Privacy Notice. Your privacy is important to Spleak Media Network. Spleak Media Network's Privacy Notice is hereby incorporated into these Terms by reference. Please read this Privacy Notice carefully for details relating to the collection, use, and disclosure of your personal information.
  3. 3. Individual Features and Services. When using the Spleak Platform, you will be subject to any additional posted guidelines or rules applicable to specific activities and features that may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into and governed by these Terms.
  4. 4. Modification of these Terms. Spleak Media Network reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Spleak Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Spleak Platform.
  5. 5. Prohibited Conduct - BY USING THE SPLEAK PLATFORM YOU AGREE NOT TO:
    1. a. "stalk", harass, threaten, or defraud other Users;
    2. b. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Users;
    3. c. make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Users ;
    4. d. impersonate another person or access another User's account without permission;
    5. e. fail to deliver payment for any purchases made on the Spleak Platform;
    6. f. share passwords with a third party or encourage another User to do so;
    7. g. misrepresent the source, identity, or content of information transmitted via the Spleak Platform, for example, claiming a created work as your own that is not yours;
    8. h. use the Spleak Platform for any illegal purpose;
    9. i. interfere with any security-related features of the Spleak Platform; or
    10. j. intentionally interfere with the operation of the Spleak Platform or any User's enjoyment of them, or intentionally post inflammatory statements to get responses.
  6. 6. Password. When you register as a User you will be asked to provide a password. As you will be responsible for all activities that occur through your account or User profile under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account, profile, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, profile, or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you must immediately notify Spleak Media Network. You may be liable for the losses incurred by Spleak Media Network or others due to any unauthorized use of your account.
  7. 7. Ownership; Proprietary Rights. The Spleak Platform (including Spleak) is owned and operated by Spleak Media Network. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Spleak Platform provided by Spleak Media Network (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions, which are owned by and provided by Users, all Materials contained on the Spleak Platform are the property of Spleak Media Network or its subsidiaries or affiliated companies, or third-party licensors. All trademarks, service marks, and trade names found on the Spleak Platform are proprietary to Spleak Media Network or its affiliates, or third-party licensors. Except as expressly authorized by Spleak Media Network, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
  8. 8. User Submissions.
    1. 8.1 Definition of User Submissions. Spleak Media Network may now or in the future permit Users to make submissions on the Spleak Platform (including to Spleak) such as blogging, personal profile information, personal ads, chat, messages, or reviews ("User Submissions"), and the hosting, sharing, and publishing of such User Submissions. You understand that whether or not your User Submissions are publicly published, Spleak Media Network cannot and does not guarantee any confidentiality with respect to User Submissions.
    2. 8.2 Ownership, Limited License Grants. User's retain all ownership rights in their User Submissions.
      1. a. Limited License Grant to Spleak Media Network. By submitting User Submissions through the Spleak Platform, you hereby grant to Spleak Media Network, as necessary to provide the features and functionality found on the Spleak Platform where you choose to make your User Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute, perform (if applicable), modify, and exploit your User Submissions within the Spleak Platform in any media formats and through any media channels now in use or hereafter discovered.
      2. b. Limited License Grant to other Spleak Media Network Users. By submitting User Submissions to the Spleak Platform, you hereby grant to Users of the Spleak Platform a non-exclusive license to display, reproduce, and perform (if applicable) your User Submissions as allowed for such Users to use or participate in the relevant functionality or activities on the Spleak Platform.
      3. c. License Termination. The foregoing licenses granted by you terminate as to a specific User Submission once you remove or delete that User Submission from the Spleak Platform or Spleak.
    3. 8.3 Required Rights in User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Spleak Media Network and Users to use your User Submissions as necessary to exercise the licenses granted by you and (ii) you have the written consent, release, and permission of each and every identifiable individual person in any User Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Submissions in the manner contemplated by the Spleak Platform, Spleak, and these Terms.
    4. 8.4 User Submissions Representations. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Spleak Media Network all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Spleak Media Network or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
    5. 8.5 User Submissions Disclaimer. You understand that when using the Spleak Platform you will be exposed to User Submissions from a variety of sources, and that Spleak Media Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spleak Media Network with respect thereto, and agree to indemnify and hold Spleak Media Network, its owners/operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Spleak Platform. Spleak Media Network does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Spleak Media Network expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, then Spleak Media Network may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. For clarity, Spleak Media Network does not permit copyright infringing activities on the Spleak Platform.
  9. 9. Messaging and Chat
    1. 9.1 You are welcome to post, transmit, or submit chat, messages, or User bulletins (collectively "Messages") within, or in connection with, the Spleak Platform (including while chatting with Spleak). Spleak Media Network accepts no responsibility whatsoever in connection with or arising from Messages. Spleak Media Network does not endorse and has no control over the content of Messages submitted by its Users. Messages submitted or posted on the Spleak Platform are not reviewed by Spleak Media Network prior to posting and do not reflect the opinions or policies of Spleak Media Network. Spleak Media Network makes no warranties, express or implied, as to the content of the Messages or the accuracy and reliability of any Messages and other materials on the Spleak Platform. Nonetheless, Spleak Media Network reserves the right to prevent Users from submitting Messages and to edit, restrict or remove such Messages for any reason at any time.
    2. 9.2 Spleak Media Network assumes no responsibility for actively monitoring the Spleak Platform for inappropriate Messages. If at any time Spleak Media Network chooses, in its sole discretion, to monitor Messages, then Spleak Media Network nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the User submitting any Message. You agree that Spleak Media Network accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts, or removes your Messages.
  10. 10. Prohibited Uses.
    1. 10.1 Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access the Spleak Platform from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, and privacy. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Users using the Spleak Platform from countries outside of the United States must agree to abide by all local rules applicable to you regarding online conduct and acceptable content.
    2. 10.2 Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of the Spleak Platform, you will not use the Spleak Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Spleak Platform in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Spleak Platform. You may not attempt to gain unauthorized access to the Spleak Platform, or any part of them, other accounts, computer systems or networks connected to the Spleak Platform, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Spleak Platform or any activities conducted on the Spleak Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Spleak Platform. You agree not to modify the Spleak Platform in any manner or form, nor to use modified versions of the Spleak Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Spleak Platform.
    3. 10.3 The Spleak Platform may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Spleak Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Spleak Platform.
  11. 11. DMCA Notifications. It is Spleak Media Network's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Spleak Media Network's DMCA Notification Guidelines. Spleak Media Network will promptly terminate without notice any User's access to the Spleak Platform, if that User is determined to be a "repeat infringer." A repeat infringer is a User who has been notified by Spleak Media Network of infringing activity violations more than twice and/or who has had a User Submission removed from the Spleak Platform more than twice.
  12. 12. Third-Party Sites, Products and Services; Links
    1. 12.1 The Spleak Platform may include links to other web sites or services solely as a convenience to Users ("linked sites"). Spleak Media Network does not endorse any such linked sites or the information, material, products, or services contained on linked sites or accessible through linked sites. Furthermore, Spleak Media Network makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. YOU USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES IS SOLELY AT YOUR OWN RISK.
    2. 12.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Spleak Platform are solely between you and such advertiser. YOU AGREE THAT SPLEAK MEDIA NETWORK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH THIRD-PARTY ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF THIRD-PARTY ADVERTISERS ON THE SPLEAK PLATFORM.
  13. 13. Violations; Termination. You agree that Spleak Media Network, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with any Spleak Media Network provided service, or your use of the Spleak Platform, and remove and discard all or any part of your account, User profile, or any User Submission, at any time. Spleak Media Network may also in its sole discretion and at any time discontinue providing access to the Spleak Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Spleak Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Spleak Media Network will not be liable to you or any third party for any such termination. As discussed in these Terms, Spleak Media Network does not permit copyright infringing activities on the Spleak Platform, and reserves the right to terminate access to the Spleak Platform, and remove all content submitted by any Users who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Spleak Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Spleak Media Network may have at law or in equity.
  14. 14. Disclaimers; No Warranties. THE SPLEAK PLATFORM AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPLEAK PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPLEAK MEDIA NETWORK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPLEAK MEDIA NETWORK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SPLEAK PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SPLEAK PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPLEAK MEDIA NETWORK, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SPLEAK PLATFORM IN TERMS OF SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SPLEAK PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THAT MATERIAL OR DATA.
  15. 15. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Spleak Media Network, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including without limitation attorneys' fees, arising out of your use or misuse of the Spleak Platform, any violation of these Terms, any violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you in this Agreement. Spleak Media Network reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Spleak Media Network, and you agree to cooperate with Spleak Media Network's defense of these claims.
  16. 16. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SPLEAK MEDIA NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SPLEAK PLATFORM, OR ANY OTHER INTERACTIONS THAT YOU HAVE WITH ANY SERVICE PROVIDED BY SPLEAK MEDIA NETWORK, EVEN IF SPLEAK MEDIA NETWORK OR AN SPLEAK MEDIA NETWORK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPLEAK MEDIA NETWORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SPLEAK MEDIA NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SPLEAK PLATFORM, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS, (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SPLEAK PLATFORM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER AMOUNT IS GREATER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN SPLEAK MEDIA NETWORK AND RECEIVED THROUGH OR ADVERTISED ON THE SPLEAK PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SPLEAK PLATFORM.
  17. 17. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SPLEAK MEDIA NETWORK HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES, AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SPLEAK MEDIA NETWORK.
  18. 18. Limitations. CERTAIN STATE LAWS OR LAWS OF OTHER JURISDICTIONS AND TERRITORIES DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES OR LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  19. 19. Miscellaneous.
    1. 19.1 Notice. Spleak Media Network may provide you with notices, including those regarding changes to Spleak Media Network's terms and conditions or privacy notice, by email, regular mail or postings on the Spleak Platform or through Spleak. Notice will be deemed given twenty-four hours after email is sent, unless Spleak Media Network is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Spleak Platform or Spleak. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Spleak Platform or through Spleak is deemed given 30 days following the initial posting.
    2. 19.2 Waiver. The failure of Spleak Media Network to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in a writing signed by Spleak Media Network.
    3. 19.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
    4. 19.4 Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms, Spleak, the Spleak Platform, or any service provided by Spleak Media Network will be filed only in the state or federal courts in and for San Francisco County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
    5. 19.5 Severability. If a court of competent jurisdiction holds any provision of these Terms to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
    6. 19.6 Assignment. These Terms and any related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Spleak Media Network at any time and without restriction.
    7. 19.7 Survival. Sections 7, 8, 10 and 14 through 19 will survive any termination of these Terms.
    8. 19.8 Headings. The heading references in this Agreement are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions in this Agreement.
    9. 19.9 Entire Agreement. These Terms are the entire agreement between you and Spleak Media Network relating to the subject matter of these Terms and may not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Spleak Media Network as set forth in Section 4 above.
    10. 19.10 Claims. YOU AND SPLEAK MEDIA NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPLEAK PLATFORM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    11. 19.11 Disclosures. The services provided under this Agreement are offered by Spleak Media Network, Inc., located at: 90 New Montgomery, Suite 418, San Francisco, CA 94105 and email: service@spleak.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.