Posted: April 28, 2017


ALOUD, SAS. (“ALOUD” OR “WE” or “US”) OWNS AND OPERATES THE MOBILE APPLICATION CALLED “ALOUD” (THE “ALOUD APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE ALOUD APP, INCLUDING USERS WHO DOWNLOAD THE ALOUD APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE ALOUD APP. BY USING THE ALOUD APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE ALOUD APP OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY ALOUD FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE ALOUD APP. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE ALOUD APP OR THE ALOUD SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

1. The Aloud Services.

The Aloud service allows users to bookmark articles and turn written content into audio. In order to access the Aloud Services and start bookmarking you must be a registered user on at least one social media website (e.g. Twitter, Facebook, etc.) and you must create a user account with Aloud. Users can use the Aloud Services from a personal device if they have downloaded the Aloud App

2. Restrictions on User Content and Use of the Aloud Services.

You may only use the Aloud Service and/or open an account if your acceptance of these Terms is not prohibited by applicable law. For users in the United States, no part of the Aloud Service is directed at persons under the age of 13. If you are under the age of 13, please do not use the Aloud Service. By agreeing to these Terms, you represent that you are at least 18 years old. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms. Aloud reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate user accounts and access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Aloud App and the Aloud Services you shall not:
(a) copy any content unless expressly permitted to do so herein;
(b) upload, post, transmit or otherwise make available any material that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
(ii) You do not have a right to make available under any law or under a contractual relationship;
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
(iv) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment or data or the Aloud App or that of any users or viewers of the Aloud App or that compromises a user’s privacy; or
(vi) contains any falsehoods or misrepresentations or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(c) impersonate any person or entity or misrepresent their affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Aloud App or impersonate another person or organization;
(e) interfere with or disrupt the Aloud Services or servers or networks connected to the Aloud Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Aloud App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(f) intentionally violate any applicable local, state, national or international law or regulation;
(g) collect or store personal data about other users or viewers;
(h) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Aloud App;
(i) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Aloud App or any software provided as part of the Aloud App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
(j) register for the Aloud Services on behalf of a group or corporate entity.

3. End User License.

Except for User Content, the Aloud App and the information and materials that it contains, are the property of Aloud and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Aloud grants you a non-transferable, non-exclusive, license to download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The Aloud App is licensed to you and not sold. Nothing in these Terms of Use gives you a right to use the Aloud names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions hereunder. Any future release, update, or other addition to functionality of the Aloud App shall be subject to these Terms of Use.

4. User generated content and third party content

All information, data, text, graphics, video, messages or other materials, whether publicly posted or privately transmitted to or via the Aloud App (“User Content”), is the sole responsibility of the user transmitting it. This means that the viewer or user, and not Aloud, are entirely responsible for all such User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Aloud Services. Aloud does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Aloud Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Aloud be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, transmitted or otherwise made available via the Aloud Services. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of Aloud, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any videos, articles or other content with any third party, or to cease communicating with any third party via the Aloud Services, you agree to comply with such request immediately. The articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. You represent and agree that the aloud application will be used solely for your personal-noncommercial use with respect to content of websites that you have the lawful right to access, and that the Aloud application will not be used in violation of the restrictions posted on the website where such content was published. Some websites include security measures designed to prevent access, and you agree not to take any steps to defeat any such security measures. We do not necessarily monitor any materials posted, transmitted, or saved to or with the Aloud Service. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to this Agreement, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. We shall have no liability or responsibility to users for performance or nonperformance of such activities.
If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement. Please contact us as follows: By email: legal@getaloud.com

5. Feedback.

If you provide Aloud with any suggestions, comments or other feedback relating to any aspect of the Aloud App and/or the Aloud Services (“Feedback”), Aloud may use such Feedback for the Aloud Services and in the Aloud App or in any other Aloud products or services (collectively, “Aloud Offerings”). Accordingly, you agree that: (a) Aloud is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Aloud, (c) Aloud (including all of its successors and assigns and any successors and assigns of any of the Aloud Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Aloud Offerings, and (d) you are not entitled to receive any compensation or reimbursement of any kind from Aloud or any of the other users of a Aloud Offering in respect of the Feedback.

6. Advertising.

You acknowledge and agree that the Aloud App may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Aloud App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Aloud shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Aloud App and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Aloud Services and the Aloud App. It is your responsibility to ascertain whether any information or materials downloaded from the Aloud App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

7. Emails.

You acknowledge and agree that Aloud may occasionally send you emails. These emails may include questions other users have asked you, answers to questions you have posted, welcome emails, and emails describing updates to the Aloud Services.

8. Links & Third-Party Websites or Applications.

The Aloud App (including User Content) may contain links to other websites or applications that are not owned or controlled by Aloud. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Aloud of that third party, third party product or service. Aloud is also not responsible for the content of any linked website or application. Any third-party websites, applications or services accessed from the Aloud App are subject to the terms and conditions of those websites, applications and/or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Aloud App of a link to any other website or application does not imply that Aloud endorses or accepts any responsibility for the content or use of such websites or applications, and you hereby release Aloud from all liability and/or damages that may arise from your use of such website or application or receipt of services thereunder. While Aloud does not prohibit linking to third party websites/applications and content, it does not wish to be linked to or from any third-party website/application which contains, posts or transmits any prohibited content as described in these Terms of Use. Aloud reserves the right to prohibit or remove (or require you to remove) any link to the Aloud Application, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. The Aloud App uses your user content from social media websites (e.g. Twitter, Facebook, etc.) but is not endorsed or certified by such websites. All such user content shall remain the property of the relevant social media website. All of the social media website logos (including all badges) and trademarks displayed on the Aloud App are the property of the relevant social media website.

9. Privacy.

The terms of the Aloud Privacy Policy [https://getaloud.com/privacy] and these Terms of Use govern Aloud’s collection and use of your personal information in connection with the Aloud Services. If there is any conflict between the terms of the Aloud Privacy Policy or these Terms of Use, the terms hereunder shall control. Aloud may make changes to its Privacy Policy from time to time, and such changes will be communicated to you in the text of the Privacy Policy. Please visit the Privacy Policy regularly for updates. (a) By using the Aloud Services, you agree and acknowledge that personal information collected about you through the Aloud App or in any way in connection with the Aloud Services may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location or the universally unique identifier of any device, including a mobile device, you use to access the Aloud App. (b) Your use of the Aloud App or portions thereof may be tracked by Aloud in order to provide better service and for other purposes. You consent to such tracking, provided that Aloud will not make available or disclose your identity (full name and email address) to any third party, as provided by the Privacy Policy.

10. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.

THE ALOUD APP, ALOUD SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” ALOUD SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALOUD SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ALOUD DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE ALOUD APP OR IN RESPECT TO ANY WEBSITE OR APPLICATION THAT CAN BE REACHED FROM A LINK ON THE ALOUD APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE ALOUD APP, AND ALOUD SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. ALOUD WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE ALOUD SERVICES.

11. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ALOUD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE ALOUD APP OR THE ALOUD SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE ALOUD APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE ALOUD SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE ALOUD APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE ALOUD APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE ALOUD SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF ALOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALOUD’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID ALOUD IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. INDEMNIFICATION.

YOU SHALL INDEMNIFY AND HOLD ALOUD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS (INCLUDING USER CONTENT) SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE ALOUD SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

13. Security.

Information sent or received over the Internet is generally unsecure and Aloud cannot and does not make any representation or warranty concerning security of any communication to or from the Aloud App. You are responsible for safeguarding the password that you use to access the Aloud Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Aloud will not be liable for any loss or damage arising from your failure to comply with these requirements. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify Aloud immediately at [support@getaloud.com]. Aloud reserves the right to suspend or discontinue all or part of the Aloud Services at any time without prior notice.

14. Export control

Aloud Services may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Aloud under these Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of this Agreement.

15 . Force Majeure

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

16. Governing law and jurisdiction

Should a particular term or provision be found invalid or not enforceable for any reason or to any extent, this will not affect the validity or enforceability of any other terms. The application of any such provision shall be enforced to the extent that it remains valid. These terms shall be governed by and construed in accordance with the laws of France. You agree that the courts of general jurisdiction located within France, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to this Agreement or the Aloud Services.

17. Termination of the Agreement

Aloud may, under certain circumstances and without prior notice, immediately terminate your ability to access the Aloud Services or portions thereof via the Aloud App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with Aloud (including, without limitation, non-payment of any fees owed in connection with the Aloud Services or otherwise owed by you to Aloud), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Aloud App (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Aloud Services may also include removal of some or all of the materials uploaded by you to the Aloud App. You acknowledge and agree that all terminations may be made by Aloud in its sole discretion and that Aloud shall not be liable to you or any third-party for any termination of your access to the Aloud App or for the removal of any of the materials uploaded by you to the Aloud App. Any termination of these Terms of Use by Aloud shall be in addition to any and all other rights and remedies that Aloud may have. You may terminate your Aloud account at any time. In order to do that, please contact us on: hello@getaloud.com, stating the message title as: “Account termination” and provide us with your Aloud account data (i.e. your email address used to create your Aloud account) and state your wish to terminate your Aloud account. We reserve the right to apply changes within 2 working days since receiving your message.

Contact

If you have any questions or concerns regarding this Agreement, you should contact us at legal@getaloud.com