Terms of Service
Last updated on September 17, 2018.
These terms of service apply to the products, services, websites (including www.ai-media.tv and www.ai-live.com), software (including the Ai-Live captioning software platform) and technology (collectively the “Service”) of Ai-Media Inc (referred to herein as “Ai-Media,” “we,” or “us”). We may provide you the Services or through our related companies, Access Innovation Holdings Pty Limited (ACN 122 058 708), Access Innovation Media Pty Limited (ACN 105 924 490), Ai-Media Canada Inc (Co No 1015825-9), Access Innovation Media UK Ltd (Co No 08123694), Ai-Media UK B Ltd (Co No 07292409).
This Agreement applies to all visitors, users, account holders, members, and others who access and use the Service in any manner (“Users” or “you”).
By accessing or using the Service, you agree to be bound by this Agreement.
We reserve the right at our sole discretion to change or modify a portion of this Agreement at any time. Anytime a change is made, we will post the updated Agreement on this page including in the header of the document the date of last update. We will notify you of any changes either by replacing this Agreement on the website (showing the time that it was updated), or via email, or via any other means we deem reasonable. Any changes made will become effective immediately and your continued use of the Service constitutes your acceptance of the new Agreement.
Please read the Agreement carefully in its entirety to ensure that you understand each provision.
IMPORTANT NOTICE: THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND US ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING INTO THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, OR TO BE PART OF A CLASS ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.
If you do not agree to all of the terms of the Agreement, you must not use or access any parts of the Service.
- Use of Our Service
Background to Our Service
Ai-Media’s Service is designed to provide accessibility services for live and pre-recorded media.
Our Ai-Live platform (that you can access through www.ai-live.com) is a software solution that captures live audio and transmits, in real time, captions of the audio content to a desired terminal.
We provide live captioning for live events and broadcasts on Facebook, Youtube and other similar platforms (that you can access through our Ai-Media platform at www.ai-media.tv). We also provide closed captioning, transcription and audio-description services (that you can also access through our Ai-Media platform at www.ai-media.tv). Eligibility
You may use the Service only if you can form a binding contract with Ai-Media, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service. Any use or access to the Service by anyone under 13 years old is strictly prohibited and in violation of this Agreement. If you are between the age of 13 and 18 years old and wish to use the Service you must submit to Ai-Media in writing consent to do so by a parent or guardian and Ai-Media must approve your use of the Service in writing. Persons between the age of 13 and 18 years old must use the Service under the direct supervision of a parent or guardian who is over the age of 18 years and who agrees to be bound by this Agreement. The Service may not be available to any Users previously removed from the Service by Ai-Media. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to Use the Ai-Media Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Ai-Media reserves all rights not expressly granted herein in the Service and the Ai-Media Content (as defined below). Ai-Media may terminate this license at any time for any reason or no reason.
- Ai-Media Accounts
In order to use or access the Service, you will need to establish an Ai-Media account online (either through www.ai-media.tv or www.ai-live.com, depending on which of our Services you require). An Ai-Media account gives you access to the features and functionality of the relevant Service that we may establish and maintain from time to time and in our sole discretion.
We may maintain different types of accounts for different types of Users.
If you open an Ai-Media account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
By connecting to Ai-Media with a third-party service (for example through Facebook), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and information for that service. You must only use third party service accounts owned by you, and not by any other person or entity.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (for example, passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Ai-Media immediately of any breach of security or unauthorized use of your account. Ai-Media will not be liable for any losses caused by any unauthorized use of your account.
You may control certain parts of your User profile and how you interact with the Service by changing certain settings in your account.
By providing Ai-Media your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, and special offers and other marketing and promotional communications. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules and Conditions of Use
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ai-Media servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (d) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Service; (f) collecting or harvesting any personally identifiable information, including account names, from the Service; (g) using the Service for any commercial solicitation purposes; (h) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (i) interfering with the proper working of the Service; (j) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (k) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (l) using any Ai-Media Content (as defined below), including any Ai-Media trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Ai-Media Content; (m) using the Service or any Ai-Media Content to support, incite or promote discrimination, hostility or violence; (n) using any Ai-Media trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (o) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Ai-Media trademarks; (p) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Ai-Media; (q) using any Ai-Media Content to link to the Ai-Media website without the prior written consent of Ai-Media; (r) framing or hotlinking to the Service or any content other than your own without the prior written consent of Ai-Media; (s) You may not copy, modify, duplicate, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission to do so; (t) The Service and any information in connection with or related it, is confidential to Ai-Media. You shall not disclose such information to any person without the prior written consent of Ai-Media; (u) you will use the Service on a non-exclusive basis in respect of the operation and functionality of the system, and only for so long as Ai-Media is willing to provide the Service.
Ai-Media does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service, or set or change the maximum period of time that documents, data or content will be retained by the Service and the maximum storage space that will be allotted on Ai-Media’s servers or systems on your behalf. You understand and agree that Ai-Media has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by the Service. If you or your account are inactive for an extended period of time, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Ai-Media prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Ai-Media may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Ai-Media in each instance.
You are solely responsible for your interactions with other Ai-Media Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Ai-Media shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Payment Information and Taxes and Session Rules and Guidelines
Session Terms and Conditions
Once you have established your Account and fulfilled all criteria as requested, in addition to the terms below, details and terms covering how Services are delivered, including but not limited to the booking of a Captioner (the person who will transmit the relevant Services in respect of the pre-recorded or real time program requested by the Customer) (“Captioner”), preparation materials, cancelling sessions and issues with sessions, are subject to and set forth in the Customer Session Rules and Guidelines (included herein as “Schedule 1”).
The Services are offered at the prices, rates and fees set forth on the websites. By requesting Services through Ai-Media’s websites you agree to pay the applicable prices, rates and fees for those Services. If you would like to use the Service, you will need to submit your credit card information for payment per the payment and billing details provided via the Service. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method we make available in connection with a purchase or transaction or other monetary transaction interaction with the Service, at the prices in effect when such charges are incurred.
You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
You will be responsible for any mobile or internet fees associated with use of the Service.
We reserve the right to change our prices at any time. We will provide notice of the change on our website or in email to you. Your continued use of the Service after any price change constitutes your acceptance of the change and agreement to pay the changed amount.
Our Services must generally be paid at the time of ordering. However, Ai-Media may choose to bill you by an invoice, in which case, full payment for invoices issued in any given month must be received by Ai-Media thirty (30) days after the mailing date of the invoice. If payment for an invoice is not received by the due date, then without prejudice to any other rights, we may suspect the Services to you..
If any invoices are unpaid by their due date, then we may charge you interest at the rate of 5% per annum on all overdue amounts owed by you, calculated daily. We may also charge you for all expenses we incur in collection of any outstanding amount.
If you dispute any charges in an invoice, you must notify us within 14 days after the invoice date.
Recipients of promotional credits will see their balance as non-refundable credit in their Account Settings. Credits expire one year after the date they were applied to your account, or the date specified in the promotional offer, whichever is the earlier, unless that date is extended in accordance with these terms. Ai-Media does not impose any fee on your use or maintenance of the promotional balance. Your promotional balance is an offer of a discount off purchases, and does not have monetary value until it is used under the terms of the offer. It cannot be transferred to other users or withdrawn for cash, is not reloadable, and has no cash value. Upon making a purchase on the website, any unused promotional balance will be applied to your purchase. You may continue to use your promotional balance for purchases until such balance is $0, or any remaining promotional balance expires, in accordance with these terms.
- Intellectual Property Rights
Except for your User Content (as defined below), the Service and all materials, features, technology, software and methodologies underlying or used in the provision of the Service or distributed in connection therewith, or transferred thereby, including, without limitation, code, images, text, graphics, methodologies, formats, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, (collectively, the “Ai-Media Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Ai-Media, its related companies, affiliates, partners and its licensors (including other Users as applicable). Other than the licence granted in clause 2 above, you not granted any other rights, title or interest in Ai-Media Content, or any Intellectual Property Rights in respect of the Service. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Ai-Media Content or the Services. Use of the Ai-Media Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- User Content
You agree not to upload, use, share or submit any User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (f) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (g) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (h) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (i) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Ai-Media reserves the right, but is not obligated, to reject and/or remove any User Content that Ai-Media believes, in its sole discretion, violates these provisions.
We are always striving to improve the Service. You may choose to or we may invite you to submit comments, suggestions, feedback or ideas about the Service, including without limitation about how to improve the Service or our products or features (“Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ai-Media under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ai-Media does not waive any rights to use similar or related ideas previously known to Ai-Media, or developed by its employees, or obtained from sources other than you.
In all cases, you acknowledge and agree that Ai-Media may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ai-Media, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Ai-Media cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- DMCA and Copyright Complaints
We respect the intellectual property of others, and we take matters of copyright infringement very seriously. It’s our policy to promptly respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the DMCA. The fastest way to get a response is to email your notification of claimed copyright infringement to Ai-Media’s Copyright Agent at onlinesupport at aimedia.com (Subject line: “DMCA Takedown Request”). Of course, you can send your notice by physical mail to:
Attention: Copyright Agent
160 Swiss Ave, San Francisco CA 94131 USA
To be effective, the notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Clear identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs to the alleged infringing content in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content was mistakenly removed or disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice containing the following information to the Copyright Agent:
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge.
- Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Ai-Media may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Repeat Infringer Policy
We have adopted a policy of terminating, in appropriate circumstances and at Ai-Media’s sole discretion, users who are deemed to be repeat infringers. Ai-Media may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Third Party Websites
Our website may contain links to other sites and resources on the Internet. Ai-Media does not endorse or approve the information, graphics or material on these third party websites. You further acknowledge and agree that Ai-Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ai-Media is not liable for any loss or claim that you may have against any such third party.
- Indemnity and Release
To the fullest extent permitted by applicable law, you agree to indemnify and hold Ai-Media harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party. If you are a California resident, you 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AI-MEDIA SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AI-MEDIA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AI-MEDIA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM AI-MEDIA SHALL CREATE ANY WARRANTY ON BEHALF OF AI-MEDIA IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
- Limitation of Liability
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AI-MEDIA SERVICE IS TO STOP USING THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AI-MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WITHOUT REGARD TO WHETHER AI-MEDIA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AI-MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AI-MEDIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH UNDER THE AGREEMENT MAY NOT APPLY TO YOU. IN ALL CASES, YOU HEREBY AGREE THAT THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS AND EXCLUSIONS OF LIABILITY UNDER THE AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Under no circumstances will Ai-Media be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Ai-Media assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User content or the defamatory, offensive, or illegal conduct of any third party.
Nothing in the Agreements removes or limits Ai-Media’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
- Governing Law
You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Ai-Media, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with Ai-Media, you agree to first contact us at onlinesupport at ai-media.com and attempt to resolve the dispute with us informally. In the unlikely event that Ai-Media has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Ai-Media claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in in the State of Delaware in accordance with the Delaware Rapid Arbitration Act, unless you and Ai-Media agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and Ai-Media are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ai-Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17.2 Notification Procedures
Ai-Media may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Ai-Media in our sole discretion. Ai-Media reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Ai-Media is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
17.3 Entire Agreement/Severability.
This Agreement and any amendments, and any additional agreements you may enter into with Ai-Media in connection with the Service, shall constitute the entire agreement between you and Ai-Media concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
17.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ai-Media’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You are entitled to terminate this Agreement at any time, by ceasing to use the Services and cancelling your account with us. Without prejudice to any of our other rights, you must immediately pay to us any outstanding amounts owed to us.
You agree that Ai-Media, in its sole discretion, may terminate this Agreement, and/or suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, if Ai-Media believes that you have violated or breached the terms of this Agreement in any way. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Ai-Media may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Ai-Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ai-Media will not be liable to you or any third-party for any termination of your access to the Service.
- User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, including but not limited to any captioner, and Ai-Media will have no liability or responsibility with respect thereto. Ai-Media reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
- Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at onlinesupport at ai-media.com.
- Questions and Suggestions
Please contact us at onlinesupport at ai-media.tv to report any violations of this Agreement or to ask us anything about this Agreement or Service.
Schedule 1: Customer Session Rules and Guidelines
The following Rules and Guidelines apply to all work delivered by Ai-Media
Audio characteristics might affect the accuracy of the work delivered. Good audio is any media that is clearly recorded in a controlled environment with one person talking at a time with minimal background noise and no media defects.
Ai-Media defines accuracy in the following ways for good audio: (1) words are spelled correctly; (2) phrases and sentences make sense as a standalone document; and (3) text is near exact replication of spoken words. We do not include unintended speech such as “ums”, “uhs”, stuttered speech, or difficult proper nouns. We do not correct grammar or proof-read material – we only transcribe what is on the source media
The following Rules and Guidelines apply to real-time work delivered by Ai-Media.
Once you make a booking request, your live session will not be confirmed until a Captioner has been assigned to that session. On rare occasions, an unexpected event, emergencies or illnesses may mean your scheduled Captioner is unavailable to caption your live event. We will make every effort to find a suitable replacement however we do not guarantee or make any warranties about our ability to deliver confirmed sessions. You will not be charged for any sessions that are not delivered. Where you have pre-paid, you will have a credit applied to your account. If you wish for the amount to be refunded, you can select this option within your account settings.
In order to improve the accuracy of live captions, we encourage clients to provide preparation materials in advance of their live session to assist the Captioners prepare for unusual terms or content that may arise during the broadcast. You should not disclose information that is private or confidential in nature.
Cancellation and No-Show Policy
If your booking request has been confirmed by an available Captioner and you cancel or reschedule that session at least one hour prior to the start time and less than 24 hours before the scheduled start time, you will be charged one half of the confirmed rate.
For cancellations or reschedules that are made less than 1 hour before the scheduled start time or during the session, you will be charged in full.
If the confirmed Captioner cancels without us finding a suitable replacement, or if we are unable to send live captions for your live session for whatever reason, you will only be charged for that part of the session for which we have provided live captions on a per minute rate being the hourly rate divided by 60 rounded up to the next minute.
If you are late for your scheduled live session, you will still be billed from the start of the scheduled time.
Ending a Live Stream Early
If your live stream ends prior to the scheduled end time, you will still be charged for the full scheduled time.
If the Captioner leaves a session early for whatever reason, you will not be charged for the remaining time when you are not receiving live captioning.