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.
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.
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: email@example.com
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.
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.
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.
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.
(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.
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.
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 [firstname.lastname@example.org]. 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
You may terminate your Aloud account at any time. In order to do that, please contact us on: email@example.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.
If you have any questions or concerns regarding this Agreement, you should contact us at firstname.lastname@example.org