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Terms of Service

Acceptance of Terms of Service

Welcome to SpeakerText.com. These Terms of Service ("Agreement") are a binding legal agreement between you and SpeakerText, Inc. ("SpeakerText" or "we"), regarding your use of the SpeakerText website, services, and software available at www.speakertext.com (the website, services, and software are collectively referred to as the "Service"). In addition, when using certain features of the Service, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such guidelines, terms, and agreements are incorporated by reference into this Agreement. If this Agreement is inconsistent with any Policies, the terms in the Policy will control. We may periodically make changes to this Agreement. By accessing or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed of any changes to it. If you continue to use the Service after we modify this Agreement, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of this Agreement, you must not use the Service.

We may periodically make changes to this Agreement. By accessing or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed of any changes to it. If you continue to use the Service after we modify this Agreement, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of this Agreement, you must not use the Service.

Beta Program

SpeakerText has not released a commercial version of the Service, and the Service has not yet been tested like other commercially released services that you may use. Therefore, it is likely that the Service will contain errors, including errors that may cause the Service or your computer to malfunction or cause a loss of data. Furthermore, SpeakerText is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Service.

To help SpeakerText prepare the Service for commercial release, SpeakerText is providing you with access to the Service so that you can test and evaluate the Service and provide feedback concerning the Service, including identifying potential errors and improvements ("Feedback"). You hereby grant SpeakerText the unrestricted right to use your Feedback, including to use your Feedback to improve the Service and to create other products and services.

Transcription

The Service enables registered users to access English-language transcription and time-based metadata creation services, including access to transcripts for content you make available to the Service ("Transcript").

Eligibility

You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. By using the Service, you represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the terms of this Agreement. The Service is not intended for those under the age of 18.

Account Registration

You must register to use certain features of the Service. When you register, you agree to: (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@speakertext.com.

Fees; No Refunds

We may charge fees for certain services ("Paid Services"). When you purchase any Paid Services, you authorize SpeakerText to direct its third party payment processors or to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes. If SpeakerText does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and SpeakerText may suspend your access to the Services. You may cancel your account at any time. All sales are final and SpeakerText will not issue refunds, including for prepaid monthly fees, except as expressly provided in this Agreement.

License to Software

If you comply with all the terms and conditions of this Agreement, SpeakerText grants you a limited, personal, non-exclusive, non-transferable license to: (a) install and use the proprietary CaptionBox software code that enables the display of SpeakerText’s interactive video transcript files ("Software") on websites owned or controlled by you, solely to display Transcripts; (b) modify the functionality of the Software for use in accordance with subsection (a) of this paragraph. This Agreement does not grant you any right to distribute any Software or modifications of the Software. Any modification you make to the Software must retain a SpeakerText logo on the bar beneath the video window. You will not obscure the SpeakerText logo in any way. The size of the SpeakerText logo must be at least 22 x 74px. You will comply with all reasonable guidelines, if any, communicated by SpeakerText concerning your use of SpeakerText’s logo. You may not use any other SpeakerText branding, logos, trademarks, or service marks without SpeakerText’s prior written consent.

User Content

As a part of the Service, you may transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including requests for transcriptions to us ("User Content"). You must not transmit or store User Content via the Service unless you own all necessary rights, or have permission from the rightful owner of the User Content, to do so. SpeakerText reserves the right to limit the number of days that that we retain User Content and transcriptions.

By providing us User Content, you: (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media, including the right to retain a copy of any video submitted through the Service and its Transcript; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post or submit, or you otherwise have the right to post or submit such material to the Service; and the use and posting of material you supply does not violate the Agreement, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

Although SpeakerText will not necessarily review User Content, SpeakerText reserves the right to refuse, review, remove, or delete any User Content posted, stored, or transmitted through the Service, at any time and for any reason without notice. You remain solely responsible for any liability arising out of your User Content or SpeakerText's failure to transmit or store your User Content. Under no circumstances will SpeakerText or our stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content.

Restrictions

You must comply with all applicable laws when using the Service. You agree to not use the Service to upload, post, email, transmit, transcribe or otherwise disseminate:

  • any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • any User Content that infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party
  • any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • any unsolicited or unauthorized advertising, pyramid, or any other form of solicitation; or
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Except as may be expressly permitted by applicable law or authorized by SpeakerText in writing, you will not, and will not permit anyone else to: (a) use any automated tool (e.g., robots, spiders) to access or use the Service; (b) rent, lease, sublicense, or provide your access to the Service to another person; (c) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (d) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (e) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Service or any supporting media; or (f) circumvent or manipulate our fee structure.

Modifications

Notwithstanding any provision of the Agreement, we reserve the right, without notice and in our sole discretion, to block, restrict, and prevent your future access to, and use of, the Service. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

Termination

We may terminate this Agreement and your access to the Service, at any time and for any reason. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. We are not liable to you or any third party for any losses resulting from termination of your access to the Service.

Privacy

We may collect registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the SpeakerText Privacy Policy available at http://speakertext.com/privacy.

Ownership

We, our affiliates and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service, including any Software. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.

Third-Party Content

The Service may include content provided by other third parties, and may contain links to third party Web pages (collectively, "Third-Party Content"). We do not monitor, endorse, adopt, or control Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that this Agreement will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Submissions

Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you submit for transcription in accordance with this Agreement) (collectively "Submissions"), are non-confidential and you hereby grant to us perpetual and irrevocable license to use your Submissions for any purpose without compensation or attribution to you.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPEAKERTEXT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPEAKERTEXT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY USER CONTENT SENT BY YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEAKERTEXT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

NEITHER SPEAKERTEXT NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPEAKERTEXT, ANY LICENSOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE.

THE MAXIMUM TOTAL LIABILITY OF SPEAKERTEXT, ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE LESSER OF (A) THE AMOUNT PAID BY YOU TO SPEAKERTEXT DURING THE SIX MONTHS PRECEDING THE CLAIM OR (B) $500. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. We will terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Trademarks

SpeakerText, the SpeakerText logo, and any other product or service name or slogan contained on the Service are trademarks of SpeakerText and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Indemnity

You will defend, indemnify and hold harmless SpeakerText, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of this Agreement, or your violation of any rights of a third party.

General Disclaimer

SpeakerText assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or any other economic loss resulting from your use of the Service.

Satisfaction Guarantee

To promote your happiness as a human being and customer, SpeakerText has a 100% Satisfaction Guarantee for a purchased Transcript. Here’s how it works: Once SpeakerText sends you a Transcript, you have 30 days from the date of delivery to reject this Transcript, which you can do sending an email to support@speakertext.com. If you reject what we’ve sent you and tell us specifically why you’re not satisfied, we will, at our discretion, either re-transcribe the video and re-create the video metadata promptly at no additional cost, or refund you the price you paid for the rejected Transcript (not including prepaid monthly fees). All rejections must be communicated to SpeakerText via the above web interface.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

General Legal Notices

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to in full force and effect. Any provision in this Agreement that by its nature should survive the termination of your license to access the Service or any termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

This Agreement is the entire agreement between you and SpeakerText concerning the Service, and supersedes all prior agreements or communications between you and SpeakerText regarding the subject matter of this Agreement.

Contacting SpeakerText

If you have any questions or concerns about this Agreement or the Services, please send us a thorough description by email to info@speakertext.com