These terms and conditions between you and I Can Speak Spanish, govern your use of icanspeakspanish.com (“Website”) and the I Can Speak Spanish Podcast (“Podcast”). The Website and Podcast are referred to jointly as “I Can Speak Spanish Media”; by using the I Can Speak Spanish Media, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the I Can Speak Spanish Media.
You may use the I Can Speak Spanish Media only if you can form a binding contract with I Can Speak Spanish, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by I Can Speak Spanish.
License to use I Can Speak Spanish Media
Unless otherwise stated, I Can Speak Spanish owns the intellectual property rights in the I Can Speak Spanish Media and material in the I Can Speak Spanish Media. Subject to the license below, all these intellectual property rights are reserved.
You may view and print pages from the I Can Speak Spanish Media for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the I Can Speak Spanish Media;
- reproduce, duplicate, copy, or otherwise exploit material on this I Can Speak Spanish Media for a commercial purpose;
- republish material from the I Can Speak Spanish Media (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any material from the I Can Speak Spanish Media in public except for as provided in Permitted Sharing below;
- edit or otherwise modify any material in the I Can Speak Spanish Media; or redistribute material from the I Can Speak Spanish Media without permission from I Can Speak Spanish except as provided in Permitted Sharing below;
- use a group account to subscribe to the I Can Speak Spanish Media, or;
- share subscriber-only content or media beyond the limits provided in Permitted Sharing below. Content or media designated as “Free” may be shared freely.
An I Can Speak Spanish subscription is for one person only.
- Content or media designated “Free” may be shared without limit.
- You may take a screenshot of partial content from the I Can Speak Spanish Media for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to I Can Speak Spanish.
- You may reproduce a reasonable excerpt from the I Can Speak Spanish Media for a blog post or other publication provided such publication includes attribution and link to icanspeakspanish.com. Such excerpt shall not to exceed 20% of content in the originating I Can Speak Spanish Media.
- You may share clips of Podcasts provided they do not exceed 2 minutes in length for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to I Can Speak Spanish.
I Can Speak Spanish reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.
You must not use the I Can Speak Spanish Media in any way that causes, or may cause, damage to I Can Speak Spanish, I Can Speak Spanish Media, or impairment of the availability or accessibility of the I Can Speak Spanish Media; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the I Can Speak Spanish Media.
You must not use the I Can Speak Spanish Media for any purposes related to marketing without I Can Speak Spanish’s express written consent.
Access to certain areas of the Website is restricted. I Can Speak Spanish reserves the right to restrict access to other areas of this website, or indeed this entire website, at I Can Speak Spanish’s discretion.
If I Can Speak Spanish provides you with a user ID and password to enable you to access the restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If I Can Speak Spanish provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. I Can Speak Spanish may disable your RSS access at any time at its sole discretion without notice or explanation.
I Can Speak Spanish may disable your user ID and password in I Can Speak Spanish’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to I Can Speak Spanish a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to I Can Speak Spanish the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or I Can Speak Spanish or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
I Can Speak Spanish reserves the right to edit or remove any material submitted to this website, or stored on I Can Speak Spanish’s servers, or hosted or published upon this website.
Notwithstanding I Can Speak Spanish’s rights under these terms and conditions in relation to user content, I Can Speak Spanish does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to I Can Speak Spanish a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and any other product now existing or later developed by I Can Speak Spanish (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the I Can Speak Spanish Media (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of the I Can Speak Spanish Media a non-exclusive license to access your user content.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I CAN SPEAK SPANISH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
I CAN SPEAK SPANISH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE I CAN SPEAK SPANISH SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND I CAN SPEAK SPANISH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I CAN SPEAK SPANISH, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE, THE GOODS OR USE OF, OR INABILITY TO USE, THE I CAN SPEAK SPANISH MEDIA. UNDER NO CIRCUMSTANCES WILL I CAN SPEAK SPANISH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I CAN SPEAK SPANISH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE I CAN SPEAK SPANISH MEDIA; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL I CAN SPEAK SPANISH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO I CAN SPEAK SPANISH HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF I CAN SPEAK SPANISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The I Can Speak Spanish Media is controlled and operated from its facilities in California and the United States. I Can Speak Spanish makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using the I Can Speak Spanish Media, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that I Can Speak Spanish has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against I Can Speak Spanish’s members, managers, officers, or employees in respect of any losses you suffer in connection with the I Can Speak Spanish Media.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect I Can Speak Spanish’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as I Can Speak Spanish.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify I Can Speak Spanish and undertake to keep I Can Speak Spanish indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by I Can Speak Spanish to a third party in settlement of a claim or dispute on the advice of I Can Speak Spanish’s legal advisers) incurred or suffered by I Can Speak Spanish arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to I Can Speak Spanish’s other rights under these terms and conditions, if you breach these terms and conditions in any way, I Can Speak Spanish may take such action as I Can Speak Spanish deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and bringing court proceedings against you.
Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the I Can Speak Spanish Media must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the I Can Speak Spanish Media at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
I Can Speak Spanish may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the I Can Speak Spanish Media from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
I Can Speak Spanish may transfer, sub-contract or otherwise deal with I Can Speak Spanish’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and I Can Speak Spanish in relation to your use of the I Can Speak Spanish Media, and supersede all previous agreements in respect of your use of the I Can Speak Spanish Media.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Delaware, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Delaware.
California Consumer Rights Notice
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about I Can Speak Spanish, our products, or our Site, please contact us via e-mail at admin [AT] icanspeakspanish.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
I Can Speak Spanish’s mailing address is 340 S LEMON AVE #1530, WALNUT, CA 91789. You can contact I Can Speak Spanish by email: admin [AT] icanspeakspanish.com.
Updated July 17, 2020