Feedback, yes please! We are serious about reading and considering all feedback we receive. If you have any questions, concerns, or comments regarding these Terms, please contact us (firstname.lastname@example.org).
Other Terms. In addition to these Terms, specific terms and conditions may apply to certain content, products, materials, Services or information contained on or available through this Website or transactions concluded through these Services. Where specific terms apply, Spoken ONLINE will notify you about them at the time of downloading or access. Such specific terms may be in addition to the Terms or, where inconsistent with these Terms, such specific terms will supersede these Terms only to the extent that the content or intent of such specific terms is inconsistent with these Terms.
ACCESS AND PERMITTED USE
Unavailability. While Spoken ONLINE aims to ensure that the Services are normally available 24 hours a day, we shall not be liable if for any reason the Services are unavailable at any time or for any period. Spoken ONLINE is under no obligation to update any information contained on the Service. Spoken ONLINE reserves the right, at its sole discretion, to terminate access to all or part of Services with or without notice. Spoken ONLINE will not be liable to you or any third party for any such termination. Changes to the Services. Spoken ONLINE reserves the right to revise, change, modify, delete or suspend the Content of any part of the Services without notice at any time in its sole discretion. “Content” includes the text, software, scripts, sounds, music, videos, audiovisual combinations, generated metadata, interactive features and other materials you may view on, access through, or contribute to the Services.
Permission to Access. Subject to your compliance with these Terms and all applicable laws, Spoken ONLINE grants you permission to access and use the Services solely for your personal (or, in the case of an organisation for purely your own internal business purposes), at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Service.
Third-party Links. The Services may contain links to third party websites that are not owned or controlled by Spoken ONLINE. Spoken ONLINE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Spoken ONLINE will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Spoken ONLINE from all liability arising from your use of any third-party website.
VIDEO OR AUDIO DATA COPYRIGHT
By uploading Content to the Service, you:
- Imply that you hold the necessary rights to do so according to relevant laws and contractual or other relationships and are solely responsible for any copyright infringement committed in the act of upload;
- allow Spoken ONLINE to conduct a fully automatic processing of the data and temporary storage of intermediate and final outputs;
- allow Spoken ONLINE to process and store the data uploaded;
- allow Spoken ONLINE to maintain usage statistics resulting from the processing of this data for improving quality of the Service.
FEES, BILLING AND PAYMENT
Some parts of the Services are free, and some are paid for (“Paid Services”). If you are using the Services for free, Spoken ONLINE reserves the right to cap your use at our sole discretion. No Refunds. All fees relating to the Service, including any fees charged for access to the Services are final and non-refundable. If Spoken ONLINE is not able to fulfil your order for any reason, the payment will be refunded. Paid Service Renewal. By subscribing to the Paid Service, you authorise Spoken ONLINE to charge your credit/debit card when the subscription is due for renewal. Accepting the Order. After the order is received Spoken ONLINE shall confirm by email the details, description and price for the subscription plan to you together with information on the right to cancel. Spoken ONLINE may choose not to accept an order for any reason. Fees. Certain services and features of the Services have fees associated with them. Spoken ONLINE reserves the right to modify fees on a going-forward basis, including offering certain features to some or all users at discounted rates or free of charge, without liability to you. The new prices apply as soon as they come into force. The price of the Paid Services shall be that stipulated on the Website at the time of ordering. The total purchase price, including VAT, will be displayed to you prior to confirming the subscription. All sums payable under these Terms are inclusive of VAT, if applicable. If you use the Services after the new prices have come into force, you are deemed to have accepted them. Method of Payment. Spoken ONLINE accepts payments through payment methods detailed on the applicable payment screen. Charges occur at the time of purchase or shortly thereafter; in the case of subscription fees, charges accrue on the actual day of the month for which the charge applies. Spoken ONLINE does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the Services and you agree that we may charge your selected payment method for any such payments. Payment Processors. When you purchase any Paid Services, you authorize Spoken ONLINE to direct its third-party payment processors or to charge the credit card identified by you all applicable fees for your purchase. If Spoken ONLINE does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Spoken ONLINE may suspend your access to the Service. Payment Information. To use or register for a paid feature on the Services, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify Spoken ONLINE if the selected payment method is cancelled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account). Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Services, including without limitation fees charged for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that transmitting audio data to Spoken ONLINE through the Services is a data intensive process, and you should confirm your data usage plan details with your network operator.
USER ACCOUNT, PASSWORD, AND SECURITY
Access and User Information. To access features of the Services, you will have to create a Spoken ONLINE account and pay all applicable fees. You agree that the information you provide to Spoken ONLINE on registration and at all other times will be accurate, current, and complete, and that you will keep this information accurate and up-to-date always.
USE OF THE SERVICE
GENERAL USE OF THE SERVICE
Spoken ONLINE hereby grants you permission to access and use the Services as set forth in these Terms, provided that:
- You agree not to distribute in any medium any part of the Services or the Content without Spoken ONLINE’s prior written authorization.
- You agree not to alter or modify any part of the Services.
- You agree not to access Content through any technology or means other than the Website itself, the application program interface of the System (“API”), or other explicitly authorized means Spoken ONLINE may designate.
- You agree not to use the Services for any of the following commercial uses unless you obtain Spoken ONLINE’s prior written approval. We consider the following as prohibited commercial use: the sale of access to the Services
- You agree not to impersonate another person or entity, or access another user’s account without that user’s permission.
- You agree not to share Services passwords or user IDs with any third party or encourage any other user to do so.
- In your use of the Services, you agree to comply with all applicable laws.
- You agree not to access or attempt to access content or features of the Services for which you have not registered and/or paid the applicable fees.
- You agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Services, or any of the permissions granted herein.
- You agree not to use the Services on behalf of any third party (except your organization, if applicable), or in connection with any type of “service bureau” activity.
- You agree not to use or access the Services from territories in which such use or access is not permitted by applicable law.
- You agree not to upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.
- You agree not to misrepresent the source, identity, or content of information transmitted via the Services.
- You agree not to use any bot, spider, or other automated program or process to access the Service.
- You agree not to use the Services for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.
YOUR USE OF THE CONTENT
In addition to the general restrictions above, you also are tied to the following restrictions in your use of the Content. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Spoken ONLINE.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
PROHIBITED SERVICE USE
Unauthorized Usage. It’s absolutely forbidden to use another’s account without explicit permission. You are solely responsible for all the activity that occurs on your account, and you must keep your account password and user ID protected. You must notify Spoken ONLINE immediately of any kind of breach of security or unauthorized use of your account. Although Spoken ONLINE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Spoken ONLINE or others due to such unauthorized use. Prohibited Service Use. You may not use the Services 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 Services. You may not attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, 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 Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not modify the Services in any manner or form, nor use modified versions of the Services. Robots. The Services may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Services.
You can choose to stop using the Service any time. We reserve the right to suspend or end the Service at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Services. In such case, we will try to inform you in advance and help you retrieve data, though there may be some case (repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately, without notice. Termination. If you choose to terminate your Account, please send an email request to email@example.com. Your access shall be effectively unsubscribed at most 15 (fifteen) days after this request, which automatically leads to the suppression of your Account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Spoken ONLINE may have at law or in equity.
Feedback. You may provide Spoken ONLINE with information and feedback regarding the features and performance of the Service, and information regarding all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Spoken ONLINE a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use all such Feedback, information, and materials for any purpose.
Spoken ONLINE remains the owner of the Website, the Services, the System and API always. All copyright, patent, utility models, design right, trade mark rights, database rights, rights to preserve the confidentiality of information, rights to inventions and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world (“Intellectual Property Rights”) in the Services, the System, the System API and any other products that Spoken ONLINE may make available to you pursuant to these Terms shall remain vested in Spoken ONLINE and its licensors and nothing in these Terms will operate to assign or transfer the Intellectual Property Rights in the Services, the System, the System API or such products to you. Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Website or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified. You hereby grant Spoken ONLINE a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence to use the audio/video files you submit to the System to provide you with the Services, for product development purposes as well as collecting statistics and generating statistics models, and also to use and prepare derivative works of the Content in connection with the Services and Spoken ONLINE’s (and its successors’ and affiliates’) business. In all such use¬-cases all the submitted materials are kept confidential. You shall be solely responsible for your own materials and the consequences of submitting and publishing your materials on the Services. You represent and warrant that you have all rights necessary to submit any audio/video files to the System for transcription / subtitling and such audio/video files do not, and will not, infringe or violate the rights of any person. You further agree that Content you submit to the Services will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Spoken ONLINE all the license rights granted herein. Spoken ONLINE does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and Spoken ONLINE will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Spoken ONLINE reserves the right to remove Content without prior notice. Except for your user information, all Content, including all intellectual property rights therein, belong to Spoken ONLINE or its affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Spoken ONLINE or its affiliates and/or third-party licensors. Except as expressly authorized by Spoken ONLINE, 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 Content. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Spoken ONLINE subject to copyright and other intellectual property rights under the law.
You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, Spoken ONLINE, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. Spoken ONLINE makes no warranties or representations about the accuracy or completeness of this Services’ content or the content of any sites linked to this site and 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 and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Spoken ONLINE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked services or featured in any banner or other advertising, and Spoken ONLINE will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF THE LIABILITY
Under no circumstances will Spoken ONLINE or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising or related to the Services, even if Spoken ONLINE or a Spoken ONLINE authorized representative has been advised of the possibility of such damages. In no event will Spoken ONLINE or its affiliate, contractor, employee, agent, or third-party partner or supplier 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 Services (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months preceding your claim. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You (and your organization, if applicable) agree to indemnify, defend, and hold Spoken ONLINE, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Spoken ONLINE reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Spoken ONLINE, and you agree to cooperate with our defence of these claims. Spoken ONLINE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
These Terms and the use of the services and software will be governed by Finnish law except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the services or software must be litigated exclusively in Finnish courts, and both parties consent to venue and personal jurisdiction there.
Sometimes the Services may be impacted by events beyond our reasonable control, known as “Force Majeure” events. “Force Majeure” means anything outside of our reasonable control, including, but not limited to fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, sabotage, epidemic, labour dispute, power shortage, network failure, server crashes, deletion, corruption, loss or removal of data, including, without limitation, where you cease to be entitled to access the internet or cease to have access to the internet, for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency. If Spoken ONLINE is wholly or partially precluded from complying with its obligations under these Terms by Force Majeure, then Spoken ONLINE’s obligation to perform in accordance with these Terms will be suspended for the duration of the period of Force Majeure.