Mission: Speech-Enable the Web and the World
iSpeech strives to provide the Web with the best text to speech (TTS) service possible while reducing the amount of pages printed to save trees and reduce our customers' carbon footprint. Our customers include everyone from all nations free to use the Web. We pledge to remain a leader in speech technology and provide the clearest voices.
Pricing Policy - Personal Accounts
iSpeech, Inc. (DBA iSpeech.org) maintains very simple pricing for the use of our services. iSpeech will offer simple packages to access our service for Personal Use. Aside from a Basic plan, offered free of charge, iSpeech also offers a Plus plan, supporting up to 30 minute recordings (approximatly 4,167 words) for $2.95 monthly or $19.95 annually, and a Premium plan, offering up to 12 hour recordings (approximatly 100,000 words) for $3.95 monthly or $29.95 annually.
Words may be converted using our website, our Internet Explorer or Firefox Toolbars, or by any other official iSpeech release. You may not use third party applications to "trick" our website into converting text to speech. We reserve the right to cancel service at any time for any reason without further recourse through any court.
Users will have a per conversion cap of 100,000 words. This cap will help to keep file size manageable for customers and iSpeech. There are no referral payments for referring yourself. Payment of referrals is at the sole discretion of iSpeech.org. You may cancel your account at any time, however, we do not offer any partial refunds for any purchases.
We are not responsible for any event which causes a conversion to fail, or for any other malfunction of the website or backend. These events include but are not limited to data loss, hardware failure, programming error, software updates, power surges, lightning, floods, tornados, earthquakes, or other acts of God. Thus, we are not obligated to give a refund for any loss of data. We do not make any impossible claim or guarantee of data security or reliability.
iSpeech monthly subscriptions may be canceled at any time, and by request, your final invoice will be prorated upon downgrade or cancellation. There will be no refunds or returns for any discounted subscription, non-subscription credits or purchased credits. iSpeech reserves the right to terminate your service and/or delete or suspend your account without further recourse through any court, moderation or arbitration if you violate our terms of service or for any other reason for which we deem it necessary.
Refund policies will not apply if the user is found to have used iSpeech services in a commercial capacity, has signed up for multiple accounts or has otherwise defrauded iSpeech, Inc.
iSpeech Platform Privacy Notice
February 28, 2008
Welcome to the iSpeech.org (owned and operated by iSpeech, Inc.) applications, platform, web sites, and services operated or produced by iSpeech (collectively, the “iSpeech Platform”). iSpeech values the privacy of the users, subscribers, publishers, members, and others who visit and use the iSpeech Platform (collectively or individually, “You” or “Users”).
By using the iSpeech Platform, you expressly consent to the information handling practices described in this notice.
1. The Information iSpeech Collects:
• User-provided Information: You may provide to iSpeech what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number) if you log in to the iSpeech Platform, or otherwise use the features and functionality of the iSpeech Platform.
• “Cookies” Information: When you access the iSpeech Platform, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. iSpeech may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the iSpeech Platform. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.
• “Automatically Collected” Information: When you access the iSpeech Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique device or user ID, version of software installed, system type, the content and pages that you access on the iSpeech Platform, and the dates and times that you visit the iSpeech Platform.
2. The Way iSpeech Uses Information:
• iSpeech uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the iSpeech Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.
• We will use your email address, without further consent, for administrative communications such as notifying you of major iSpeech Platform updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted to or downloaded from the iSpeech Platform.
• iSpeech uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the iSpeech Platform works and looks, and to create new features and functionality.
• iSpeech may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the iSpeech application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the iSpeech Platform; (c) monitor aggregate site usage metrics such as total number of visitors and pages accessed; (d) provide such metrics to Users as they pertain to such User’s uploaded content; and (e) track your entries, submissions, and status in any promotions or other activities.
3. When iSpeech Discloses Information:
• iSpeech does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on the iSpeech Platform – such as when you publish attribution credits for documents or profile information – becomes publicly available and may be collected and used by others without restriction.
• We may disclose User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist iSpeech in improving the iSpeech Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
• iSpeech may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
• iSpeech also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect iSpeech from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the iSpeech Platform; or to protect the rights, property, or personal safety of iSpeech, our Users, or others.
• iSpeech shows aggregate geographical information about visitors on iSpeech document pages in our analytics section. This information includes the cities and countries of people viewing documents, the document which was viewed, and the time the document was viewed. This information is publicly available to all iSpeech users. If you do not want this geographical information recorded and displayed in this way, you can prevent iSpeech from doing so by following these steps. First, create a iSpeech account. Then, in account settings, select "Hide all geographical information."
4. Your Choices:
You may, of course, decline to share your personally-identifiable information with iSpeech, in which case iSpeech will not be able to provide to you some of the features and functionality found on the iSpeech Platform. You may update, correct, or delete your user information and preferences at any time by following the directions here.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
5. Our Commitment to Data Security:
iSpeech uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to iSpeech, and you do so at your own risk. Once we receive your transmission of information, iSpeech makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If iSpeech learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. iSpeech may post a notice on the iSpeech Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@iSpeech.org.
6. Our Commitment to Children’s Privacy:
If you are under 13 years of age, then please do not use or access THE iSpeech PLATFORM at any time or in any manner.
Protecting the privacy of young children is especially important. For that reason, iSpeech does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If iSpeech learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the iSpeech Platform, then iSpeech will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become iSpeech Platform member, then please contact iSpeech at privacy at iSpeech dot org to have that child’s account terminated and information deleted.
7. International Visitors:
For Users visiting the iSpeech Platform from the European Economic Area or other non-U.S. territories, please note that any data you enter into the iSpeech Platform will be transferred outside the European Economic Area or such other non-U.S. territory for use by iSpeech and its affiliates for any of the purposes described herein. In addition, because iSpeech operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the iSpeech Platform, you hereby expressly consent to such transfers of your data to the United States or other countries.
8. In the Event of Merger or Sale:
In the event that iSpeech is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
9. Changes and Updates to this Privacy Notice:
This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the iSpeech Platform constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.
10. iSpeech Contact Information:
Please contact iSpeech with any questions or comments about this Privacy Notice, your personal information, and our third-party disclosure practices or your consent choices at: iSpeech.org, 211 Warren Street, Newark, NJ 07103 or by email:privacy at iSpeech dot org. We will respond to your inquiry within 30 days of its receipt.
Terms of Service
February 18, 2008
Welcome to the iSpeech.org (owned and operated by iSpeech Inc.) content management and file download platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of audio and written digital content over the internet (the "iSpeech Platform").
The iSpeech Platform is not available to persons under the age of 13 or to any users previously suspended or removed from the iSpeech Platform by iSpeech. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE iSpeech PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE iSpeech PLATFORM. The content on the iSpeech Platform is only available for personal, non-commercial use for end users only, any other use is prohibited.
Users who utilize iSpeech’s program to share in certain advertising based revenue associated with the iSpeech Platform (the “iSpeech Advertising Program”) are bound by the iSpeech Advertising Program Terms. The iSpeech Advertising Program Terms are hereby incorporated into these Terms by reference.
Users who utilize iSpeech’s Developer Platform or any of iSpeech's APIs are bound by the API terms of service. The iSpeech API Terms are hereby incorporated into these Terms by reference.
3. Individual Features and Services
When using the iSpeech Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms
iSpeech reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the iSpeech Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the iSpeech Platform. We will always make a reasonable effort to notify you if we do change these Terms.
5. Digital Millennium Copyright Act
Please note that since we respect authors’ and content holders’ rights, it is iSpeech’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to iSpeech's DMCA Notification Guidelines. Please note that iSpeech will promptly terminate without notice any User's access to the iSpeech Platform if that User is determined by iSpeech to be a "repeat infringer." A repeat infringer is a User who has been notified by iSpeech of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the iSpeech Platform more than twice.
6. iSpeech Platform License Grant
6.1 License Grant to Upload
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of iSpeech to protect User Content with security measures, iSpeech cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will iSpeech be liable for any copying or usage of the User Content not authorized by iSpeech.
6.2 License Grant to Download
6.3 Reservation of Rights
6.4 Prevention of Unauthorized Use.
iSpeech reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the iSpeech Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
You retain all of your ownership rights in User Content owned by you.
7.2 License Grant to iSpeech
Unless otherwise agreed to in a separate written agreement between you and iSpeech that was signed by an authorized representative of iSpeech:
a) By distributing or disseminating User Content through the iSpeech Platform, you hereby grant to iSpeech a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by iSpeech. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.3, below, the license granted by you in Section 7.2(a), above, terminates as to a specific piece of User Content once you remove or delete such User Content from the iSpeech Platform.
c) By uploading User Content, you hereby warrant that your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
7.3 License Grant to other iSpeech users
By distributing or disseminating User Content through the iSpeech Platform, you hereby grant to each User that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms indicated by you when you uploaded such User Content. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access you User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the iSpeech Platform. The foregoing license granted by you terminates as to a specific piece of User Content once you remove or delete such User Content from the iSpeech Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the iSpeech Platform survive any termination or expiration of the license granted in this section 7.3.
7.4 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
(2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7.5 User Content Disclaimer
8. Prohibited Conduct
BY USING THE iSpeech PLATFORM YOU AGREE NOT TO:
8.1 use the iSpeech Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the iSpeech Platform as such services are offered by iSpeech;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the iSpeech Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the iSpeech Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the iSpeech Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the iSpeech Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the iSpeech Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the iSpeech Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the iSpeech Platform if you are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the iSpeech Platform or User Content, features that prevent or restrict use or copying of any content accessible through the iSpeech Platform, or features that enforce limitations on the use of the iSpeech Platform or User Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the iSpeech Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the iSpeech Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the iSpeech Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party’s mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the iSpeech Platform for any purpose or bypass any measures iSpeech may use to prevent or restrict access to the iSpeech Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the iSpeech Platform;
8.18 interfere with or disrupt the iSpeech Platform or servers or networks connected to the iSpeech Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the iSpeech Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the iSpeech experience.
When you use the iSpeech Platform to upload and/or download content or any products, services, or information from iSpeech, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to iSpeech on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify iSpeech. You may be liable for the losses incurred by iSpeech or others due to any unauthorized use of your iSpeech Platform account.
10. Third-Party Sites, Products and Services; Links
The iSpeech Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). iSpeech does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the iSpeech Platform are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
You agree that iSpeech, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with iSpeech or your use of the iSpeech Platform and remove and discard all or any part of your account, User profile, and any User Content, at any time. iSpeech may also in its sole discretion and at any time discontinue providing access to the iSpeech Platform, or any part thereof, with or without notice. You agree that any termination of your access to the iSpeech Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that iSpeech will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies iSpeech may have at law or in equity. As discussed herein, iSpeech does not permit copyright infringing activities on the iSpeech Platform, and will terminate access to the iSpeech Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
11.3 User Content
Subject to section 7.3 above, upon termination of this agreement by you or iSpeech, iSpeech will discontinue prospective hosting and distribution of your User Content.
12. Cancellations and Refunds
iSpeech reserves the right to cancel user accounts at any time with and/or without notice.
Any abuse of our staff or other members in any medium or format will result in the suspension or termination of your services.
Customers may cancel services and/or recurring charges at any time via a cancellation form. There are no refunds on services, no exceptions. Cancellation requests will be processed in a timely manner not to exceed 30 days.
Violations of the Terms of Service will at iSpeech’s discretion, waive the cancellation policy.
13. Ownership; Proprietary Rights
You agree to indemnify, save, and hold iSpeech, its affiliated companies, contractors, employees, agents and its third-party 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 iSpeech Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. iSpeech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iSpeech, and you agree to cooperate with iSpeech's defense of these claims. iSpeech will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties
15.1 No warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, iSpeech, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iSpeech OR THROUGH THE iSpeech PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM iSpeech INCLUDES iSpeech'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
15.2 "As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT THE USE OF THE iSpeech PLATFORM IS AT YOUR SOLE RISK. THE iSpeech PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE iSpeech PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
15.3 Platform Operation and User Content
iSpeech, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE iSpeech PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
iSpeech, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE iSpeech PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
15.5 Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE iSpeech PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
15.6 Uploaded Content
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY iSpeech HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
16. Limitation of Liability and Damages
16.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL iSpeech OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE iSpeech PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH iSpeech, EVEN IF iSpeech OR AN iSpeech AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages
IN NO EVENT WILL iSpeech OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE iSpeech PLATFORM OR YOUR INTERACTION WITH OTHER iSpeech PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE iSpeech PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
16.3 Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN iSpeech AND RECEIVED THROUGH OR ADVERTISED ON THE iSpeech PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT iSpeech HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND iSpeech, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND iSpeech. iSpeech WOULD NOT BE ABLE TO PROVIDE THE iSpeech PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law
17. United States Export Controls
iSpeech may provide you with notices, including those regarding changes to iSpeech's terms and conditions, by email, regular mail or postings on the iSpeech Platform. Notice will be deemed given twenty-four hours after email is sent, unless iSpeech is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the iSpeech Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the iSpeech Platform is deemed given 30 days following the initial posting.
The failure of iSpeech to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by iSpeech.
18.3 Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or iSpeech will be filed only in the state or federal courts in and for Morris County, New Jersey, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.9 Entire Agreement
This is the entire agreement between you and iSpeech relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by iSpeech as set forth in section 4 above.
YOU AND iSpeech AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE iSpeech PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by iSpeech Inc., located at: iSpeech.org, 211 Warren Street, Newark, NJ 07103, and email: support at iSpeech dot org. If you are a New Jersey resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Digital Millennium Copyright Act Notification Guidelines
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (www.iSpeech.org) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing iSpeech's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the iSpeech web site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iSpeech to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit iSpeech to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that iSpeech may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to various organizations and/or websites for publication.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which iSpeech may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
iSpeech’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, iSpeech, Inc. 211 Warren Street, Newark, NJ 07103, or by email at copyright at iSpeech dot org. For clarity, only DMCA notices should go to the iSpeech Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to iSpeech customer service through support at iSpeech dot org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.