Terms of Service
1. Your Agreement to Terms
Welcome to the ttsengine.com (owned and operated by Scream Technologies Ltd.) web site and services operated by Scream Technologies. For the purposes of this document "Scream Technologies" as used herein means Scream Technologies Ltd., 12 Berystede, Leeson Park, Ranelagh, Dublin 6, Ireland. The following Terms of Service (“TOS”) are between you and Scream Technologies and constitute a legal agreement that governs your use of the ttsengine.com Website and the ttsengine.com API service (collectively referred to as the “Service”).
You must be of legal age to form a binding contract in order to use/register for the Service. In addition, you must not be barred from using the Service under the laws of the country from where you use the service or in which you normally reside.
By registering for, accessing, using, uploading or downloading from the Service you acknowledge that you have read, understood and agree to the foregoing and to what is stated below.
Scream Technologies reserves thr right to change, modify, add or remove portions of these TOS at our discretion. You understand and agree that your continued use of the Service after the TOS have been modified or changed constitutes your acceptance of the TOS as revised. We will make a reasonable effort to notify you if we do change these TOS.
3. User Accounts
To use the Service, you must register with ttsengine.com. A username and password associated with your account is created by you upon registration. 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. If you have reason to believe that your account is no longer secure you agree to immediately notify Scream Technologies. You may be liable for the losses incurred by Scream Technologies due to any unauthorized use of your account. Scream Technologies may impose expiration dates on your account and remove expired accounts from the Service. Scream Technologies may disclose your account information and content if legally required to do so or if Scream Technologies have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: to take precautions against liability; comply with legal process or request; investigate any potential violation of these TOS; detect, prevent or otherwise address security, fraud or technical issues; or protect the rights, property or safety of Scream Technologies, its users or the public as required or permitted by law.
4. Service Provision
You expressely agree that the use of the Service is at your sole risk. Scream Technologies makes all reasonable efforts to ensure the availability of the Service at all times. However, you understand that the service is provided on an "AS IS" and "AS AVAILABLE", "WITH ALL FAULTS" basis and without warranties or representations of any kind by they express or implied. Scream Technologies reserves the right to modify, suspend or stop the Service for any duration and at any time without prior notice to you. In this event, Scream Technologies will make reasonable efforts to provide notice to all ttsengine.com account holders. You acknowledge that Scream Technologies has no express or implied obligation to provide, or continue to provide, the Service, now or in the future. You agree that Scream Technologies shall not be liable to you or any third party for any modification or cessation of the Service. You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Scream Technologies reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. You agree that the Service will not be reproduced, copied, duplicated, sold, resold, traded or rented by you for any purpose.
5. User Content and Prohibited Conduct
You, the user, are solely responsible for any content that is uploaded, downloaded, stored, transmitted or otherwise made available through the use of the Service. You understand and acknowledge that you may be exposed to content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Scream Technologies with respect thereto. Scream Technologies does not endorse any content, recommendations, opinions or advice expressed therin and does not permit any activity pertaining to copyright infringment.
By using the Service, you agree NOT to:
5.1 use the Service for any purpose other than receipt and distribution of appropriately licensed or original content;
5.2 disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
5.3 post, upload, distribute, email, transmit, store or otherwise make available any 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;
5.4 impersonate or misrepresent yourself as another person, entity, another ttsengine.com registered user or misrepresent your affiliiation with a person or entity or any similar fraudulent activity;
5.5 make unsolicited offers, advertisements, proposals, chain letters or send junk mail or spam to other Users of the the Service or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, informational announcements, signature petitions and requests for charity
5.6 forge TCP-IP packet headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
5.7 Disrupt or interfere with the Service, any Servers or Networks connected to the Service by employing robots, spiders, scrapers, web crawlers or any other automated means;
5.8 Make available by uploading or otherwise distributing through the Service: viruses, worms, spyware, adware or other malicious computer code designed to interfere with the Service or any other hardware or software;
5.9 Use the Service for the planning or engaging in any illegal activity including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Scream Technologies reserves the right at all times to determine the suitability of content in accordance with these TOS and may remove any user content at any time without prior notice.
6. License Grant to Scream Technologies
You retain all of your ownership rights in user content owned by you. By submitting content to and distributing your content through the Service, you hereby grant to Scream Technologies a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, translate, modify, compress or convert for distribution, and otherwise exploit your content, in any media formats and through any media channels, solely in order to publish and promote such content in connection with services offered or to be offered by Scream Technologies. By submitting or posting such content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.
7. Licence Grant to Upload Audio
Subject to your compliance with the terms and conditions set out in this TOS, Scream Technologies hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the ttsengine.com 'Studio' for the uploading of audio files subject to permitted format types. Permitted audio format types are .wav (Further audio formats will be supported in the near future). This 'uploaded' content will NOT be made available to the public through the Service and is to be used solely with the 'Studio' by the authorized member who uploaded the audio. Content is uploaded at your own risk. Notwithstanding any obligations hereunder of Scream Technologies to protect content with security measures, we cannot guarantee that there will be no unauthorized copying or distribution of the content nor will we be liable for any copying or usage of content not authorized by Scream Technologies.
8. Software Licence From Scream Technologies
Scream Technologies, own all legal right, title and interest in and to any software (the "Software") provided to you in connection with the Service including any and all intellectual property rights that exist therein whether registered or not and wherever they may exist. You acknowledge that the Service and Software contains confidential and proprietary information that is protected by the applicable intellectual property and other laws. Subject to your compliance with the terms and conditions set out in this TOS, Scream Technologies hereby grants to you a personal, limited, non-exclusive, non-transferable, freely-revocable licence to use the Software provided by Scream Technologies in accordance with these TOS provided that said Software is not copied, modified, reverse engineered, derived from, decompiled, sold, leased or sub-licensed. You may not transfer any rights in the Software.
9. Software Updates
Occasionally, you may receive updates to the Software provided to you as part of the Service from Scream Technologies which may be downloaded automatically and installed to your device. You agree that Scream Technologies may automatically deliver said updates to you as part of the Service and you shall receive and install them as required.
10. Licence Grant to Download
Subject to your compliance with these TOS, Scream Technologies hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to download audio generated using your content solely through the ttsengine.com 'Studio' subject to the license under which such content is distributed.
11. Termination by You
You may terminate this TOS at any time by discontinuing use of any and all parts of the Service.
12. Termination by Scream Technologieses
You acknowledge that Scream Technologies, in its sole discretion, for any reason and without prior notice, may terminate or suspend your account or your use of the Service or any part thereof. You agree that Scream Technologies will not be liable to you or any third party for any such termination or suspension. Cause for said termination or suspension may include, but not limited to: your violation of these TOS and any other policies or guidelines referenced to by these TOS; any request/order from a law enforcement, judicial or government body; your participation in illegal or fraudulent activity; a request made by you to Scream Technologies to terminate or suspend your account; any pertinent technical or security issues where such action is deemed necessary.
13. Ownership; Proprietary Rights
Scream Technologies, own all legal right, title and interest in and to the Service. The 'Studio' web interface, graphics, design, compilation, information, computer code (including source code or object code), and all other elements of the Service including all audio files generated by the Service (the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that are provided and owned by users, all Materials contained on the service are the property of Scream Technologies. All trademarks, service marks, and trade names are proprietary to Scream Technologies. Except as expressly authorized by Scream Technologies., you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Scream Technologies Ltd. reserves all rights not expressly granted in this TOS.
You agree to indemnify, save, and hold Scream Technologies, 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 service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Scream Technologies reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Scream Technologies, and you agree to cooperate with Scream Technologies' defense of these claims. Scream Technologies Ltd. will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.
15. Warranties Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCREAM TECHNOLOGIES LTD. AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SCREAM TECHNOLOGIES LTD.. AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCREAM TECHNOLOGIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCREAM TECHNOLOGIES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SCREAM TECHNOLOGIES LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Applicable Law Limitations
18. Governing Law
Any action, proceeding, dispute, claim or controversy arising out of or relating to these Terms and Conditions shall be governed by the law of Ireland and be subject to the exclusive jurisdiction of the courts of the Republic of Ireland, and you hereby submit to the jurisdiction of said courts.
These TOS constitute the entire agreement between you and Scream Technologies and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Scream Technologies to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Latest Revision: 14th January 2013
© Copyright 2013 Scream Technologies Ltd. All rights reserved.