PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: February 1, 2015
Welcome to VocaliD™. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (including the mobile applications) related to VocaliD and The Human Voicebank (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@vocaliD.co or write to us at 50 Leonard Street, Belmont, MA 02478.
What do I need to know about donating my vocal content?
Once you donate recordings of your vocal content, your contribution is irrevocable and it may be used by VocaliD or its affiliates for scientific research, the development of products (including those intended for speech impaired individuals) and for other purposes not yet known. We’re excited about the science behind VocaliD’s Human Voicebank, but please note that there can be no guarantee as to any outcome from any use of your vocal content. Donating your vocal content does not guarantee that VocaliD™ will use it to create a synthetic voice for another individual; however, if we do, we will always blend your recordings with other audio samples or use algorithms so that your voice will not be readily personally identifiable when used by such individual. If you want to learn more about the process of donating your vocal content, visit http://www.vocalid.co/voicebank.
Please note that your voice is a multidimensional signal and reflects aspects of your personality and well-being. As science advances there may be information in your recordings related to your health and wellness, such as indicators that you have or are developing a speech and/or voice impairment. We have no obligation to notify you of the presence of any such information.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.vocalid.co website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at email@example.com.
What are the basics of using VocaliD™?
You may be required to sign up for an account, and select a password and user name (“VocaliD™ User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your VocaliD™ User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Personal Content or Vocal Content (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including VocaliD™);
- (b) Violates any law or regulation, including any applicable export control laws;
- (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (d) Jeopardizes the security of your VocaliD™ account or anyone else’s (such as allowing someone else to log in to the Services as you);
- (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
- (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- (i) Copies or stores any significant portion of the Content;
- (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in VocaliD™?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Vocal Content (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. For clarity, our Content includes the words, phrases and sentences (the “Script”) that we ask you to speak in connection with using the Services to provide your Vocal Content to VocaliD™. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including VocaliD™’s) rights.
You understand that VocaliD™ owns all rights, title and interests in and to the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
VocaliD™, the VocaliD™ logos and all VocaliD™ product and service names including The Human Voicebank are trademarks of VocaliD™.
Do I have to grant any rights or licenses to VocaliD™?
When you record vocal content using the Services or provide us with other content or information, you grant us certain rights in that content.
You grant the above rights notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and expressly authorize VocaliD™ (and its agents, consultants, and employees) to: (i) record, tape, and otherwise record you and your voice, (ii) use your voice and likeness, in connection with its business, products and services and to allow others to do the same and (iii) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, and otherwise exploit your Vocal Content or derivatives or extensions or imitations thereof in any manner that VocaliD™ sees fit, in any medium or technology now known or hereinafter invented in perpetuity. Without limiting the scope of any license or release you grant to VocaliD™, you acknowledge and agree that VocaliD™ may combine your Vocal Content with the vocal content of other individuals to create one or more “synthetic voices” and the results of that combination may be used by others to facilitate their public and private communications. Your Vocal Content, however, will not be disclosed or distributed on a standalone (i.e., uncombined) basis without your prior consent.
In addition to the foregoing, you also agree as follows: VocaliD™’s rights and license to use your Vocal Content shall apply and be binding on you regardless of the manner in which your Vocal Content is recorded and delivered to VocaliD™ (such as, for example, by using our mobile Application or web-based Services and/or by using your own or any third party’s equipment or facilities); you will not (and you will not permit any third party to) make, retain or use any copy of the Vocal Content that you are recording using our Application or other Services; you will not use our Script in connection with making any recording of your voice, except in connection with using the Services to provide your Vocal Content to VocaliD™; and VocaliD™ has no obligation to provide you with a copy of your Vocal Content, in whole or in part, except and only to the extent expressly agreed otherwise by VocaliD™ in writing.
YOU RELEASE VOCALID™, ITS EMPLOYEES, AGENTS, LICENSEES AND ASSIGNS AND ALL ENTITIES ASSOCIATED WITH VOCALID™ (INCLUDING ITS THIRD PARTY PARTNERS, LICENSORS AND SUPPLIERS) FROM, AND AGREE NOT TO SUE OR BRING ANY PROCEEDING AGAINST ANY OF THE SAME FOR, ANY CLAIM OR CAUSE OF ACTION, WHETHER KNOWN OR UNKNOWN, FOR DEFAMATION, LIABLE, SLANDER, INVASION OF RIGHT OF PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER BASED UPON OR RELATING TO THE EXERCISE OF ANY OF THE RIGHTS REFERRED TO HEREIN.
Who is responsible for what I see and do on the Services?
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
If there is a dispute between users on this site, or between users and any third party, you agree that VocaliD™ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release VocaliD™, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Will VocaliD™ ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using VocaliD™?
VocaliD™ is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. VocaliD™ has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
If I use the VocaliD™ Human Voicebank App available via the Apple App Store or on Google Play, what do I need to know?
These Terms apply to your use of all the Services, including the iOS and Android applications available via the Apple, Inc. (“Apple”) App Store or via the Google, Inc. (“Google”) Google Play store (the “Application”), and the following additional terms also apply to the Application:
- (a) Both you and VocaliD™ acknowledge that the Terms are concluded between you and VocaliD™ only, and not with Apple or Google and that Apple and/or Google are not responsible for the Application or the Content;
- (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- (c) You will only use the Application in connection with a device that you own or control;
- (d) You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple and/or Google of such failure; upon notification, Apple’s and/or Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- (f) You acknowledge and agree that VocaliD™, and not Apple and/or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
- (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, VocaliD™, and not Apple and/or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- (i) Both you and VocaliD™ acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- (j) Both you and VocaliD™ acknowledge and agree that Apple, Apple’s subsidiaries, Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
Warranty Disclaimer. Neither VocaliD™ nor its third party partners, licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our third party partners, licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY VOCALID™ (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL VOCALID™ (OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO VOCALID™ IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold VocaliD™, its affiliates, officers, agents, employees, and third party partners, licensors and suppliers harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without VocaliD™’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VOCALID™ ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and VocaliD™ agree that these Terms are the complete and exclusive statement of the mutual understanding between you and VocaliD™, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of VocaliD™, and you do not have any authority of any kind to bind VocaliD™ in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and VocaliD™ agree there are no third party beneficiaries intended under these Terms.
Effective Date: February 1, 2015
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at firstname.lastname@example.org. We do not condition participation in our Services on disclosure of more Personal Information from a child under 13 than is reasonably necessary for that participation, and we do not retain Personal Information from children under 13 longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed.
What Information does VocaliD™ Collect?
Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name and email address. Certain information other than Personal Information may be required to register with us or to take advantage of some of our features, such as your city and state, places you have lived in the past, your age, gender, languages spoken, height, and descriptions of your own vocal characteristics (such as tone, pitch, accent, etc.).
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may email you about your use of the Services. If you do not want to receive communications from us, please indicate your preference by contacting us at email@example.com.
Information Collected Automatically:
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Will VocaliD™ Share Any of the Personal Information it Receives?
We do not rent or sell your Personal Information in personally identifiable form to anyone. We may share your Personal Information with third parties only in limited circumstances as described below:
Agents: We employ other companies, research organizations and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Personal Information can I access?
The information you can view, update, and delete through your account settings may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
If you are a parent or guardian of a user of our Services who is under 13, you may contact us at any time to ask that (a) we stop collecting Personal Information from such user, and (b) we delete any Personal Information already collected from such user. Please note that the terms regarding deleted data outlined below in “What choices do I have?” also apply to deleted Personal Information from children under 13.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to email@example.com.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to use the Services.
Keep in mind that your information may remain in our records after you uninstall our application or otherwise delete or abandon your account.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to firstname.lastname@example.org, and we will try to resolve your concerns.