POZOTRON TERMS OF SERVICE

Last Modified: September 17th, 2020

These Terms of Service are entered into by and between You, the user, and Pozotron, Inc. (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of Pozotron’s audio proofreading, processing, creating, and editing software platform (the “Services”), including any associated content, functionality, and services, whether as a guest or a registered user.

PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT https://studio.pozotron.com/privacy.html, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

The services are available 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 do not have permission to access the Service.

 

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 immediately 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. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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 without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

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 Service if all the information you provide is correct, current and complete. Our use of data is governed by our Privacy Policy.

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 provide any 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 password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

SUBSCRIPTIONS, FREE SERVICE, AND TRIALS

Our Services & Paid Subscriptions

Certain Services available on our platform are provided to you free-of-charge. Other Services require payment before you can access them. Services that may be accessed after payment are currently referred to as the “Premium Service”. Any Service that does not require payment is currently referred to as the “Free Service”. You can learn more about our Services by visiting our website.

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), you may not be able to re-subscribe for the Premium Service. Note that the Premium Service may be discontinued in the future, in which case you will no longer be charged for the Service.

Codes and Other Pre-Paid Offers

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”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

Trials

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 rate (a “Trial”). Company reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior 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 START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR COMPANY ACCOUNT BEFORE THE END OF THE TRIAL.

Cancelation 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 COMPANY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR COMPANY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, 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”) applicable for your account. For late payments, user shall pay interest charges from the time the payment was due at the rate that is the lower of 1.5% per month or the highest rate permissible under applicable law. Company will not be required to 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 by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value added tax withheld at the source. If applicable law requires withholding or deduction of such taxes or duties, user shall separately pay Company the withheld or deducted amount. However, the prior two sentences do not apply to taxes based on Company’s net income.

INTELLECTUAL PROPERTY RIGHTS

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 arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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:

You must not:

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 must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or 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 trademarks of their respective owners.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

Additionally, you agree not to:

LICENSE

Defined Terms

As used in these Terms of Service, the following terms have the following meanings.

Applicable Contractsmeans those agreements (e.g. talent releases, recording contracts, voice actor contracts, etc.) pursuant to which user is authorized to license Data to Company.

Permitted Usesmeans Company’s business use, including use of Data for: (i) providing the Services hereunder, (ii) research, development and testing of the Services, and (iii) improvement of the functionality of the Services.

Recordingmeans the audio voice recording of the Transcript, or the audio voice recording made as part of the “Pronunciation Research” feature.

Transcriptmeans 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.  To the extent and only to the extent You are permitted to do so under Applicable Contracts, You hereby grant to Company the non-exclusive, perpetual, worldwide, irrevocable (except for breach of these Terms of Service by Company), right to utilize the Transcript and Recording, together with any copies thereof, derivative works, adaptations, modifications, enhancements, improvements, analyses and interpretations (hereinafter, collectively the “Data”) for the Permitted Uses. Company agrees that the Data shall be 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 expressly set forth in this Agreement, Company shall not at any time, directly or indirectly, use the Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

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 in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Company or any third party any intellectual property rights or other right, title, or interest in or to the Data.

Representations and 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 violate any of your personal or proprietary rights, or the personal or proprietary rights of any third-party.

USER CONTRIBUTIONS

The Services may contain commenting and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the site 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 the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. 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, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

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:

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 materials 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 AS A 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 material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

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 laws and regulations. Without limiting the foregoing, User Contributions must not:

COPYRIGHT INFRINGEMENT

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 to act on behalf of the author and wish to make a complaint to a third party who infringes this material on the Service, please send a notice to our copyright agent. Please indicate all the items listed below and we will take appropriate action promptly:

  1. A description of the protected work that you believe is being infringed.
  2. A description of the infringing material that you want removed or deleted, as well as the URL or other location of that material.
  3. Your address, phone number and e-mail address.
  4. The following statement: “I believe, in good faith, that the use of the copyrighted material I am referring to is not authorized by the owner, his agent or the law (e.g. fair use).”
  5. The following statement: “The information contained in this notice is accurate and, under penalty of perjury, I declare that I am the owner (or that I am authorized to act on its behalf) of the copyright or right exclusive that is allegedly violated”; and
  6. An electronic or physical signature of the copyright owner or a person authorized to act on his behalf.

Our copyright agent who will receive these statements can be contacted in the following ways:

by mail and email:

Copyright Agent
c/o Pozotron, Inc.
648 10th Ave
Kirkland, WA 98033
United States

By e-mail: admin@pozotron.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.

RELIANCE ON INFORMATION POSTED

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 information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may 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, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity 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 any third parties.

DATA PROCESSING AGREEMENT

If you are an European Economic Area (EEA) resident, you may also need to sign a data processing agreement with us as a part of your compliance efforts.

It might be your responsibility as a data controller to receive appropriate permissions from data subjects whose data you process and submit to our Service such as voice recording or personal information contained in text transcripts.

We are happy to provide such a data processing agreement at your request via email to admin@pozotron.com

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 may refuse to provide additional Service if you deny our request.

CHANGES TO THE SERVICES

We may update the content on this Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

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 advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Services may provide certain social media features that enable you to:

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, display, or otherwise take any action with respect to the Services that is inconsistent with any other provision of these 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 Terms of Service.

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 provided 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 access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the state of Washington in the United States. We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site 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 MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON 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 THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE 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 AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE 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 IF YOU 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, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

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.

Exclusion of Consequential Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, the Data, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.

TERMINATION.

Termination for Cause. Either party may terminate this agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure.

Effect of Termination. Upon termination of this Agreement, You shall cease all use of the Services. The following provisions will survive termination or expiration of this Agreement: (a) any obligation by You to pay fees incurred before termination; (b) LICENSE (except as otherwise indicated therein), DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

YOUR COMMENTS AND CONCERNS

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: admin@pozotron.com.