Terms and Conditions
These terms and conditions are the contract between you and Audio Scriptr (“us”, “we”, etc). By using, accessing or subscribing to our Platform or the Services you agree to be bound by them. Please read this agreement carefully. Your use of our Platform or accessing the Services indicates your agreement to be bound by these terms and conditions below.
“Adapted Content” means any version or adaptation of Content by the Platform into any format reproducible as audible, natural human language.
“Content” means content (in any format) that is uploaded and made available and accessible on Our Platform to users .
"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
Licence means that licence granted to us pursuant to clause 14.1 in respect of both the Content you Post and the Adapted Content made from such content.
“Our Platform” means any website, app, or mobile application software, plugins, controllers, API’s which are owned, operated or controlled by us accessible by mobile or fixed computing devices. It includes, without limitation, all web pages controlled by us and pages on any social media platform (now known or invented) controlled by us.
"Post" means to upload or make available any Content or material of any sort on Our Platform. “Posted” and “Posting” shall have a corresponding meaning.
“Services”means all of the services available on Our Platform.
In this agreement unless the context otherwise requires:
2. 1 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
2.2 in the context of permission, “may not” in connection with an action of yours, means “must not”;
2.3 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
We may collect the following types of personal information:
3.1 We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
3.2 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Platform.
3.3 Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Platform.
3.4 We may change this agreement and/or the way we provide the Services, at any time. If we do:
3.4.1 the change will take effect when we Post it on Our Platform;
3.4.2 you agree to be bound by any changes by continuing to use or access Our Platform. If you do not agree to be bound by them, you should not use Our Platform or the Services.
4. Your account and personal information
4.1 When you visit or use Our Platform, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3 You agree to notify us of any change in your information as soon as possible after it occurs. If you do not do so, we may terminate your account.
5. How we handle your Content
5.2 If you Post Content to any public area of Our Platform it becomes available in the public domain. We have no control who sees it or what anyone does with it.
5.3 Even if access to Content that you post is behind a user registration, it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid, without limitation, Posting confidential information or any private information relating to another person.
5.4 You now irrevocably authorise us to publish feedback, comments and ratings from other users and third parties about your activity and Content you Post through Our Platform, even though it may be defamatory or critical.
5.5 You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content Posted by you;
5.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not private or confidential.
5.7 You agree to notify us of any security breach or unauthorised use of your account as soon as reasonably possible.
6. Editorial discretion
7. Restrictions on what you may Post to Our Platform
We invite you to Post Content to Our Platform. We regulate your use of Our Platform to protect our business and our staff, to protect other users of Our Platform and to comply with the law. These provisions apply to all users of Our Platform.
We do not undertake to moderate or check every item Posted, but we do protect our business. If we believe Content Posted breaches the law, these terms or conditions or any of our policies, we may remove and delete content and, where required, co-operate fully with law enforcement and regulatory authorities as required.
You agree, warrant and represent that you will not use or allow anyone else to use Our Platform to Post, upload Content or undertake any activity which is or may:
7.1 be unlawful, or tend to incite another person to commit a crime;
7.2 consist of any material owned by third parties;
7.3 be obscene, offensive, threatening, violent, malicious or defamatory;
7.4 be sexually explicit or pornographic;
7.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
7.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
7.7 post Content on behalf of some other person, or impersonate another person;
7.8 request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself;
7.9 be used to sell, advertise or promote any goods or services or for any other commercial use for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use;
7.10 facilitate the provision of unauthorised copies of another person's copyright work including Content Posted owned by others;
7.11 link to any of the material specified in this paragraph; or
7.12 send age-inappropriate communications or Content to anyone under the age of 18.
8. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
8.1 hyperlinks, other than those specifically authorised by us;
8.2 keywords or words repeated, which are irrelevant to the Content Posted;
8.3the name, logo or trademark of any third party;
8.4 inaccurate, false, or misleading information.
9. Removal of offensive Content
9.1 For the avoidance of doubt, this paragraph applies to any person who uses or accesses Our Platform for any purpose.
9.2 We are under no obligation to monitor or record the activity of any user of Our Platform for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
9.3 If you are offended by any Content Posted by others, the following procedure applies:
9.3.1 your claim or complaint must be submitted to us in the form available on Our Platform, or contain the same information as that requested in our form. It must be sent to us by post or email;
9.3.2 we shall remove the offending Content as soon as we are reasonably able;
9.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
9.3.4 we may re-instate the Content about which you have complained or not in our sole discretion.
9.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
9.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
10. Security of Our Platform
You now agree that you will not, and will not allow any other person to:
10.1 modify, copy, or cause damage or unintended effect to any portion of Our Platform, or any software used within it;
10.2 link to Our Platform in any way that would cause the appearance or presentation of any web site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
10.3 download or copy any part of Our Platform other than from authorised application publishing platforms or websites such as Apple iTunes, Apple App Store or Google Play;
10.4 collect or use any information obtained from or about Our Platform or Content except as intended by this agreement;
10.5 aggregate, copy or duplicate in any manner any of the Content or information available from Our Platform, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
10.6 share any login credentials to Our Platform with a third party;
10.7 Subject to the above, we now grant a licence to you to:
10.7.1 create a hyperlink to Our Platform for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark used or owned by us as part of the link without our express written consent;
10.7.2 copy the text of any page in connection with your use and enjoyment of Our Platform or a Service we provide.
11 . Storage of data
11.1 We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Services. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
11.2 We assume no responsibility for the deletion or failure to store or deliver email or other messages.
11.3 You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
11.4 We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances.
12. Interruption to Services
12.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
12.2 You acknowledge that the Services may also be interrupted for many reasons beyond our control.
12.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
13.1 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email or notification on Our Platform.
13.2 Termination by either party shall have the following effects:
13.2.1 your right to use the Services immediately ceases;
13.2.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
13.2.3 we may delete any of Content posted by you and Adapted Content in relation to the same in our sole discretion.
14. Intellectual Property
14.1 You grant us a non-exclusive right under licence to:
14.1.1 copy and reproduce Content that you Post on the Platform;
14.1.2 process, convert and adapt the Content into the Adapted Content; and
14.1.3 subject to these terms and conditions, make the Adapted Content available to you and other third party users of the Platform.
14.2 You agree and consent to our doing of any act in contravention of your Moral Rights as those rights are set out in the Copyright Act 1968 including where we do not identify you as the author of Content you Post and/or where any Adapted Content constitutes a derogatory version with respect to the original Content owned and posted by you.
14.3 We grant you a limited revocable right to access and use Adapted Materials only for the purposes of using Our Platform only in accordance with these terms and conditions.
14.4 You agree you will:
14.4.1 not do anything which does or might reduce the value of our Intellectual Property in the Platform or any Adapted Content;
14.4.2 you will not use any our Intellectual Property except strictly for the purposes of Posting Content on Our Platform and accessing Adapted Content;
14.4.3 notify us of any suspected infringement of our Intellectual Property in any Content, Adapted Content or in the Platform;
14.4.4 so far as concerns software or applications provided or made accessible by us to you, you will not:
(i) copy, or make any changes to or attempt to reverse engineer or disassemble any part of our Platform code;
(ii) use such software or applications in any way not anticipated or permitted by this agreement; and
(iii) give access to the software or applications to any person other than you.
14.5 not use our Intellectual Property in the Platform, Content or Adapted Content except as expressly intended and permitted by this agreement.
15. Disclaimers and limitation of liability
15.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2 All implied conditions, warranties and terms are excluded from this agreement.
15.3 The Platform includes Content Posted by third parties. We are not responsible for any such Posting. If you access or observe any Content which you consider offensive, inappropriate or in breach of this agreement, please use the Contact us page on Our Platform.
15.4 Our Platform contains links to other third party websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
15.5 Our Platform and the Services are provided “as is”. We make no representation or warranty that Services will be:
15.5.1 useful to you;
15.5.2 of satisfactory quality;
15.5.3 fit for a particular purpose;or
15.5.4 available or accessible, without interruption, or without error.
15.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Platform.
15.7 We accept no responsibility for:
15.7.1 privacy of any transmission;
15.7.2 third party advertisements which are posted on Our Platform or through the Services;
15.7.3 the conduct, whether online or offline, of any user of Our Platform or the Services;
15.7.4 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
15.7.5 loss or damage resulting from your attendance at an event organised through Our Platform or the Services.
15.8 You agree that in any circumstances when we may become liable to you for any and all direct losses or claims, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
15.9 We shall not be liable to you for any loss or expense which is:
15.9.1 indirect or consequential loss; or
15.9.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
15.10 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
16. You indemnify us
You agree to fully indemnify us and keep indemnifying us against all costs, claims and expenses arising directly or indirectly from:
16.1 your failure to comply with the law of any country;
16.2 your breach of this agreement;
16.3 any act, neglect or default by you or your agent, employee, licensee or customer;
16.4 a contractual claim arising from your use of the Services;
16.5 a breach of the Intellectual Property rights of any person in relation to your Posts or any other Content you contribute to our Platform or Adapted Content derived from the same.
15.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Platform.
17. Miscellaneous matters
17.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.3 If you are in breach of any term of this agreement, we may:
17.3.1 terminate your account and prevent access to Our Platform;
17.3.2 remove or edit your Content; or
17.3.3 issue a claim in any court.
17.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6 You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
17.7 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
17.7.1 if delivered by hand: on the day of delivery;
17.7.2 if sent by post to the correct address: within 72 hours of posting;
17.7.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.8 In the event of a dispute between us, we agree to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.9 This agreement does not give any rights to any third party.
17.10 The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria, Australia.