POZOTRON TERMS OF SERVICE
Last Modified: November 5th, 2020
These terms of service are entered into by and between you, the user of our Services
(such individual, or entity and/or individual accessing on behalf of such entity, “You or “you,”
“your” or “User(s)”), and Pozotron, Inc. (“Company”,
“we”, or “us” or “our” or
“Pozotron”). These terms and conditions, together with any documents they expressly
reference (collectively, these “Terms of Service”), govern your access to and use
Pozotron’s audio proofreading, processing, creating, and editing software platform or other Pozotron
accessed by User (the “Services”), including any associated content,
services, whether as a guest or as a registered user. For the avoidance of doubt, these Terms of Service
any User of the Services, including but not limited to any Users such as a publisher and/or its personnel,
individual narrators, and/or any third party production companies (and/or its personnel)
THE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES OR BY CLICKING TO
OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY
MUST NOT ACCESS OR USE THE SERVICES.
The Services are available only to Users who are 18 years of age
or older. If you do not fulfil the eligibility requirements or disagree with any part of the terms, then you
have permission to access the Services.
CHANGES TO THE TERMS OF SERVICE
We may revise
and update these Terms of Service from time to time in our sole discretion. All changes are effective
when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the
Services following the posting of revised Terms of Service means that you accept and agree to the changes.
expected to check this page from time to time so you are aware of any changes, as they are binding on
ACCESSING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the
Services, and any service or material we provide in connection with the Services, in our sole discretion
notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time
any period. From time to time, we may restrict access to some parts of the Services, or to all Services, to
and Users, including registered Users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services on your behalf, whether through your internet
otherwise, are aware of these Terms of Service and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration
details or other information. You can only use the Services if all the information you provide is correct,
and complete. Our use of data is governed by our Privacy
If you choose, or are provided with, a user name, password, or any other piece of information
as part of our security procedures, you must treat such information as confidential, and you must not
disclose it to
any other person or entity. You also acknowledge that your account is personal to you and agree not to
other person with access to the Services or portions of it using your user name, password, or other security
information. You agree to notify us immediately of any unauthorized access to or use of your user name or
or any other breach of security. You should use particular caution when accessing your account from a public
shared computer so that others are not able to view or record your password or other personal
have the right to disable any user name, password, or other identifier, whether chosen by you or provided by
any time if, in our opinion, you have violated any provision of these Terms of Service.
FREE SERVICE, AND TRIALS
Our Services & Paid Subscriptions
require payment before you can access them. Services that may be accessed after payment are currently
referred to as
the “Premium Service”. These terms apply to all Premium Services as well as, if
applicable, any Services accessed free of charge (if applicable). You can learn more about our Services by
The Premium Service may not be available to all Users. We will explain which Services are
available to you when you are signing up for Services. If you cancel your subscription to the Premium
Service, or if
your subscription to the Premium Service is interrupted (for example, if you change your payment details),
not be able to re-subscribe for the Premium Service. Note that the Premium Service may be discontinued in
future, in which case you will no longer be charged for the Service.
Codes and Other Pre-Paid
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or
sold by or on behalf of Company for access to a Paid Subscription (“Code”),
and conditions presented to you along with the Code may also apply to your access to the Service and you
comply with any such terms and conditions.
From time to time, we or others on
our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced
“Trial”). Company reserves the right, in its absolute discretion, to determine
eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time
notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require
you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY
CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A
MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE
PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH
COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR COMPANY ACCOUNT BEFORE THE END OF THE TRIAL.
of Paid Subscriptions
IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU
MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR OR YOUR COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR
YOUR OR YOUR COMPANY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE
BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE
COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Subscription Fees. If You have a
Paid Subscription, you shall pay Company the fee (the “Subscription Fee”)
your account. For late payments, user shall pay interest charges from the time the payment was due at the
is the lower of 1.5% per month or the highest rate permissible under applicable law. Company will not be
refund the Subscription Fee under any circumstances.
Taxes. Amounts due under these Terms of
Service are payable to Company without deduction and are net of any tax, tariff, duty, or assessment imposed
government authority (national, state, provincial, or local), including without limitation any sales, use,
ad valorem, property, withholding, or value added tax withheld at the source. If applicable law requires
or deduction of such taxes or duties, user shall separately pay Company the withheld or deducted amount.
the prior two sentences do not apply to taxes based on Company’s net income.
The Services and its entire contents, features, and functionality (including but not limited
to all information, software, text, displays, images, video, and audio, and the design, selection, and
thereof) are owned by the Company, and if applicable, its licensors, or other providers of such material and
protected by United States and international copyright, trademark, patent, trade secret, and other
property or proprietary rights laws. Company retains all rights in and to the Services. All rights are
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
- You may store files that are automatically cached by your web browser for display enhancement
- If we provide desktop, mobile, or other applications for download, you may download a single copy to
computer or mobile device solely for your own use, provided you agree to be bound by our end user
agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are
You must not:
- Modify copies of any the Company’s proprietary materials without our express permission.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of
the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you
at our option, return or destroy any copies of the materials you have made. No right, title, or interest in
the Services or any content on the Services is transferred to you, and all rights not expressly granted are
by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of
of Service and may violate copyright, trademark, and other laws.
name, and all related names, logos, product and service names, designs, and slogans are trademarks of the
(if applicable) its affiliates or licensors. You must not use such marks without the prior written
permission of the
Company. All other names, logos, product and service names, designs, and slogans on the Services are the
of their respective owners.
You may use the Services only for lawful
purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
without limitation, any laws regarding the export of data or software to and from the US or other
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing
inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the
Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk
“chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
entity (including, without limitation, by using email addresses or screen names associated with any of
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or
as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere
other party’s use of the Services, including their ability to engage in real time activities through the
- Use any robot, spider, or other automatic device, process, or means to access the Services for any
including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other
purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services,
on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
As used in these Terms of Service, the
following terms have the following meanings.
“Applicable Contracts” means those
agreements (e.g. talent releases, recording contracts, voice actor contracts, etc.) pursuant to which user
authorized to license Data to Company.
“Permitted Uses” means Company’s business
use, including use of Data for: (i) providing the Services hereunder, (ii) research, development,
trouble-shooting/de bugging and testing of the Services, and (iii) improvement of the functionality of the
“Recording” means the audio voice recording of the Transcript, or the audio voice
recording made as part of the “Pronunciation Research” feature of the Services.
the written form of the text supplied by user for proofreading, processing, and editing by the Service.
License to Transcript and Recording
Right to Record. You grant to Company
the right to record your voice in connection with providing the Services.
License Grant. You
represent and warrant that you have the intellectual property rights to grant, or have otherwise procured
applicable third party (and if necessary You are expressly permitted to do so under Applicable Contracts),
hereby grant to Company, a non-exclusive, perpetual, worldwide, irrevocable (except for breach of these
Service by Company), right to utilize the Transcript and Recording, together with any copies thereof,
works, adaptations, modifications, enhancements, improvements, analyses and interpretations (hereinafter,
collectively the “Data”) for the Permitted Uses. Company agrees that the Data
maintained as confidential.
Use Restrictions. Company shall only use the Data for the
Permitted Uses and as permitted under the law. Without limiting the foregoing and except as otherwise
forth in this Agreement, Company shall not at any time, directly or indirectly, use the Data in any manner
any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other
any person, or that violates any applicable law. Company shall not use Customer’s Data for the purpose of
an artificial likeness of a voice provided by Customer as part of the Services hereunder, without Customer’s
to do so.
Reservation of Rights. User reserves all rights not expressly granted to Company in
this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing
Agreement grants, by implication, waiver, estoppel, or otherwise, to Company or any third party any
property rights or other right, title, or interest in or to the Data.
Warranties. You represent and warrant that you have the right to grant all licenses granted by You
hereunder, and that your and Company’s use of any Transcripts or Recordings as set forth herein will not
of your personal or proprietary rights, or the personal or proprietary rights of any third-party.
Deletion Option. Customer may at any time, initiate a “Delete Project” request via the user
the Services. Within one week from such initiation, Service Provider will cause Customer’s inputted Data
with the applicable project to be permanently deleted from the Platform and all other Service Provider
The Services may contain commenting and other interactive features
(collectively, “Interactive Services”) that allow users to post, submit, publish,
or transmit to other users or other persons (hereinafter, “post”) content or
(collectively, “User Contributions”) on or through the Services. All User
must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to
will be considered non-confidential and non-proprietary. For sake of clarification, the definition of “User
Contributions” does not include Data.
By providing any User Contribution on the Services, you grant us and our
affiliates and service providers, and each of their and our respective licensees, successors, and assigns
to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such
for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license
above to us and our affiliates and service providers, and each of their and our respective licensees,
successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute,
you, not the Company, have full responsibility for such content, including its legality, reliability,
We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Services.
MONITORING AND ENFORCEMENT
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates the Terms of Service, including
Content Standards, infringes any intellectual property right or other right of any person or entity,
the personal safety of users of the Services or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims (for example, but
limited to a DMCA notification) that material posted by you violates their rights, including their
property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any
unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms of
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other information of anyone posting any
on or through the Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN
CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot
review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable
after it has been posted. Accordingly, we assume no liability for any action or inaction regarding
communications, or content provided by any user or third party. We have no liability or responsibility to
performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international
regulations. Without limiting the foregoing, User Contributions must not:
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any
could give rise to any civil or criminal liability under applicable laws or regulations or that
otherwise may be
in conflict with these Terms of Service and our Privacy
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this
We take intellectual property rights seriously and demand that our
users do the same. The Digital Millennium Copyright Act has established a process for dealing with copyright
infringement claims that we have implemented for the Services. If you own a copyright or have the authority
on behalf of the author and wish to make a complaint to a third party who infringes this material on the
please send a notice to our copyright agent. Please indicate all the items listed below and we will take
- A description of the protected work that you believe is being infringed.
- A description of the infringing material that you want removed or deleted, as well as the URL or other
of that material.
- Your address, phone number and e-mail address.
- The following statement: “I believe, in good faith, that the use of the copyrighted material I am
is not authorized by the owner, his agent or the law (e.g. fair use).”
- The following statement: “The information contained in this notice is accurate and, under penalty of
declare that I am the owner (or that I am authorized to act on its behalf) of the copyright or right
that is allegedly violated”; and
- An electronic or physical signature of the copyright owner or a person authorized to act on his
Our copyright agent who will receive these statements can be contacted in the following ways:
by mail and
c/o Pozotron, Inc.
8201 164th Ave NE
Redmond, WA 98052
By e-mail: email@example.com
We may, under appropriate circumstances,
disable or terminate the accounts of users who may be repeat offenders.
This process does not limit our
ability to pursue any other remedies we may have as a result of an alleged offense.
The information presented on or through the Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or usefulness of this
reliance you place on such information is strictly at your own risk. We disclaim all liability and
arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone
be informed of any of its contents.
This Services include content provided by third parties. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other content,
than the content provided by the Company, are solely the opinions and the responsibility of the person or
providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not
responsible, or liable to you or any third party, for the content or accuracy of any materials provided by
DATA PROCESSING AGREEMENT
If you are a European Economic Area (EEA) resident,
you may also need to sign a data processing agreement with us as a part of your compliance efforts.
be your responsibility as a data controller to receive appropriate permissions from data subjects whose data
process and submit to our Service such as voice recording or personal information contained in text
We are happy to provide such a data processing agreement at your request via email to firstname.lastname@example.org
If we reasonably believe that we should be subject
to a data processing agreement with you, we may require you to sign it to continue using the Services. We
to provide additional Service if you deny our request.
CHANGES TO THE SERVICES
update the content on this Services from time to time, but its content is not necessarily complete or
Any of the material on the Services may be out of date at any given time, and we are under no obligation to
LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our
homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take
it, but you must not establish a link in such a way as to suggest any form of association, approval, or
on our part.
This Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Services.
- Send emails or other communications with certain content, or links to certain content, on this
- Cause limited portions of content on this Services to be displayed or appear to be displayed on your own
certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional
terms and conditions we provide with respect to such features. Subject to the foregoing, you may not link,
or otherwise take any action with respect to the Services that is inconsistent with any other provision of
Terms of Service or is otherwise prohibited by Company.
The website from which you are linking, or on which
you make certain content accessible, must comply in all respects with the Content Standards set out in these
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media
features and any links at any time without notice in our discretion.
LINKS FROM THE SERVICES
If the Services contains links to other sites and resources provided by third parties, these links are
for your convenience only. We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of them. If you decide to
of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the
conditions of use for such websites.
Pozotron, as the owner of
the Services, is based in the state of Washington in the United States. We provide this Services for use
persons located in the United States. We make no claims that the Services or any of its content is
appropriate outside of the United States. Access to the Services may not be legal by certain persons or in
countries. If you access the Services from outside the United States, you do so on your own initiative and
responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
that we cannot and do not guarantee or warrant that the Services will be free of viruses or other
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our
for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR
THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL
IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS
SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT BEAR ANY RESPONSIBILITY FOR ANY
CONSEQUENCES OF YOUR USAGE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR HOW YOU USE THE SERVICE INCLUDING
USE THE SERVICE ON BEHALF OR FOR THE BENEFIT OF THIRD PARTIES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Dollar Cap. COMPANY’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF
OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY USER TO COMPANY HEREUNDER IN THE PRIOR
MONTHS FROM THE DATE ON WHICH A CLAIM ARISES.
Exclusion of Consequential Damages. TO THE
FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT
SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING
AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,
and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses,
(including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of
your use of the Services, including, but not limited to, your User Contributions, the Data, any use of the
content, services, and products other than as expressly authorized in these Terms of Service or your use of
information obtained from the Services, or any intellectual property claim including with respect to any
Termination for Convenience. Either party
may terminate this Agreement for convenience, effective 30 days following written notice to the other party.
Termination for Cause. Either party may terminate this Agreement for the other’s material
written notice specifying in detail the nature of the breach, effective in 30 days unless the other party
cures such breach, or effective immediately if the breach is not subject to cure.
Termination. Upon termination of this Agreement, You shall cease all use of the Services. The
provisions will survive termination or expiration of this Agreement: (a) any obligation by You to pay fees
before termination; (b) LICENSE (except as otherwise indicated therein), DISCLAIMER OF WARRANTIES,
LIABILITY, INDEMNIFICATION, and (c) any other provision of this Agreement that must survive to fulfill its
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support, and other communications relating to the
should be directed to: email@example.com.