This agreement is in effect as of 7/15/2014.
Speechtivities, LLC owns and operates the website, Speechtivities.com. By using the website Speechtivities.com you are agreeing to the terms of service contained within this document. Furthermore, for the remainder of this document Speechtivities.com will be referred to as “website”, you will be referred to as “user” and access to/use of and services made available by this website will be referred to as “Services”. Due to the fact that these Terms of Service may be updated at any time, by us, we recommend that you check back to re-read them often as it is your responsibility to take notice of any changes that have been made to these Terms of Service. We permit access to the website on a temporary basis and therefore reserve the right to withdraw or change the Services without any notice given. Speechtivities, LLC cannot be held liable if for any reason the Website is unavailable to you for any period of time. There may also be times that access to all or specific parts of the Website are restricted or down for maintenance. Speechtivities, LLC cannot be held liable for any loss of revenue due to the Website being down. The Website may contain links to other websites and may have articles from contributing authors. Speechtivities, LLC cannot be held responsible for anything that is said or done on these outside websites and by using links to outside websites we are not endorsing them or their websites.
AGE LIMIT It is required that you be at least 18 years of age to utilize this site.
COMMUNICATION Contact information for Speechtivities, LLC can be found on our contact us link on our website. You also have the ability to contact us from any page by clicking on the Question mark symbol on the lower right hand corner.
TERMINATION Speechtivities, LLC reserves the right to take any action we feel appropriate or necessary (this may be suspension or termination of) your customer or vendor account, in our sole discretion and at any time. Your ability and right to utilize the Service will end immediately if your account is terminated. In addition, we give our customers and vendors the ability to terminate their own Customer or Vendor accounts at any time and for any reason. If you terminate your account we will be unable to restore it, however, you have the ability to set up a new account if you desire. It is important to know that your user name/store name may no longer be available if your account is terminated. Terms that are set up to continue indefinitely will still apply even if you terminate your account. This includes, but is not limited to licenses, indemnity, and limitations of liability, warranty disclaimers and ownership provisions. Limited Liability You, the user, will not hold Speechtivities, LLC liable for actions or inactions of other members or sellers on the site. This includes, but is not limited to, the content that they post or their interactions with the user. Speechtivities, LLC is deemed a venue to allow users the ability to buy and sell self-created materials, ebooks, apps and physical products at anytime and from anywhere within the United States. Although we may assist in the resolution of disputes, we are not directly involved in the actual transaction that occurs between a Vendor and a Customer. We have no control over and therefore do not guarantee the truth or accuracy of the Vendors content or listings, the quality, safety or legality of the items advertised, the ability of a Vendor to sell a particular item, the ability of a buyer to pay for an item or that a buyer will complete a transaction or whether or not they will request the return an item bought. There is no transfer of legal ownership of any items from a Vendor to a Customer. There are no warranties, implied or otherwise, and we assume no liability for loss of money, reputation or any damages that may occur in any form from your ability or inability to utilize our website. Due to the fact that there are numerous factors outside of our control that can affect and interfere with your secure access to the website, we do not and cannot guarantee that you will have continuous and secure access to the website, service, tools or operation of the website. Speechtivities, LLC will take appropriate action to remove materials that have been reported to be copyright infringement, however, cannot be held liable for copyright infringement made by users of the Service. For more information on how Speechtivities, LLC handles reports of copyright infringement or how to report copyright infringement please read our Copyright Terms above.
FEES Customers who wish to buy self-created digital materials, apps, e-books as well as the Vendors who wish to sell these types of products through the Service are required to join Speechtivities, LLC. We offer two types of accounts at this time: a Customer account and a Vendor account. These accounts require no annual account membership fee. Customer accounts do not have the ability to sell products, however, they can upgrade to a Vendor account at anytime. Vendor accounts will be charged a service fee on sales made through the service. You can find more detailed information regarding these fees in the Vendor account section below. Customers who purchase materials from Vendors do not incur a service fee. Agreement of Vender to pay Service fees and to Upload or Ship content Taking into account the services provided by Speechtivities, you the Vendor agree to pay Speechtivities a service fee for all content materials that you sell to Customers through the service, in accordance with the following:
- Vendor will pay a service fee of 30% of the sale price of each item of digital content sold in addition to a 5% merchant fee.
For each transaction, Speechtivities will automatically deduct the service fee and merchant fee from the sale price that is collected from the Customers through the Service, and then distribute the remaining amounts to the Vendor at the Vendors request on a monthly basis (as long as the minimum $10 balance has been met) in accordance with the following:
- Speechtivities will collect payment from the Customer(s) at the time the content materials are purchased through the Service
- Speechtivities will notify Vendor by email of the sale once payment has been verified and collected from the Customer(s).
- Provided that you are in full compliance with our terms, Speechtivities will distribute monies due to you on a monthly basis at your request once the $10 minimum has been met for the sale of your content materials.
If you are in breach of any of these terms, Speechtivities reserves the right, in accordance with its sole discretion, to withhold any funds that would otherwise be due to you under these terms. If the funds are withheld then Speechtivities will do one of two things.
- Keep the funds permanently
- Refund the funds to the Customers who purchased content from you.
All money withdraw requests will be processed in 1-2 weeks from the date of the withdraw request. Speechtivities reserves the right to delay payment. All monthly payments are made through Paypal. Speechtivities also reserves the right to change the payment process used by the Service. This may include adding, removing or altering any of the payment processors used at any time. If the Vendor is unable to acquire an account with the payment processor being used, Speechtivities may consider an alternative form of payment on a case by case basis. Speechtivities makes no representation regarding the services provided by our payment processors and in addition cannot be held responsible for any delays that may occur in payment that are caused by the payment processor. Speechtivities will charge a fee for making each monthly payout that is equal to the cost that the payment processor charges to Speechtivities to make the payout. Since this fee is subject to change at the discretion of the payment processor, it may change for the Vendor. This fee will also be taken directly out of your monthly payment.
Additional Agreements and Obligations of the Vendor By listing an item for sale and uploading it to the Service you, the Vendor, are representing to the prospective Customers that you have the right and ability to sell this product and that the listing description is accurate, current and complete and is in no way misleading or otherwise deceptive. You, the Vendor, also agrees that you will not list any item for which you have infringed upon anyone’s copyright or trademark right. When selling digital content materials, you agree that the entire product being sold must be continued within the download offered. This means that no part of the content materials may be delivered separately and the Vendor is not allowed to require an additional purchase especially from a third-party website. Vendors (including their affiliates, agents, employees and contractors) are not authorized to use or disclose to anyone any order information or Customers data which is obtained through the Service or disclosed to Vendor by Speechtivities in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill your obligations under this agreement. This also includes agreeing to not soliciting, advertising, directly marketing, harassment, invading privacy or committing any other objectionable conduct toward Customers of the Service. Although the Website reserves the right to set a “minimum price” for items sold through the Service, the Vendor is solely responsible for the prices they set for the items that they sell through the Service. Items set as free are excluded from a “minimum price” criteria. If a “minimum price” is set then Vendors are not able to sell an item for less than the minimum price unless they are setting it as a Free item. Vendors understand that Website will throw occasional sales in order to entice customers to purchase products and increase Vendors over all sales. Vendor agrees that Website can provide customers coupon codes that will temporarily decrease the price of their product by no more than 28% total at any given time. Commission rates are paid based on this sale price. Website will not have more than 5 sales a year and each sale will not occur for more than 7 consecutive days.
Agreement and Obligations of the Customers As a Customer you agree not to share your purchase with another individual unless you have purchased an additional license for this product. You also agree not to share the item with others by email or posting to a website, etc even if the product was a free download. You are given permission to send others to the Vendors page directly so they may purchase it themselves. By purchasing an item, you are given the ability to download it immediately after payment is confirmed. You also have the ability to download it at a later date. We will attempt to make the item available for download indefinitely, however, we cannot be held responsible for materials that are removed from the Service by the Vendor or due to a Vendors account being closed or if the item is removed due to copyright infringement. We encourage the user to download the product promptly and to keep an adequate backup of the item purchased as the Service cannot restore your access to these materials, provide copies of these materials purchased after they have been removed from the Service. By purchasing products through the Service you agree to pay in full and in a timely manner all sale prices and fees associated with the products you are purchasing. You agree to use a valid credit card and/or Paypal account for the Service to be able to take care of these fees and are allowing Speechtivities, LLC to charge your credit card through Paypal (including any applicable shipping charges, taxes and late fees) that may accrue to or are connected to your Customer account. You, the Customer agree that by using the service, you accept and agree to use the Service in accordance with this agreement. Use of the Service in a way that does not agree with the Terms of Service may make you subject to liability for this unauthorized use.