Terms of Service

Last updated on October 16, 2018.

1.General

  1. 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).
  2. These terms of service, along with the Privacy Policy and Customer Session Rules and Guidelines at Schedule 1, form the agreement in respect of the Services with you (Agreement).
  3. This Agreement  applies to all visitors, users, account holders, members, and others who access and use the Service in any manner (“Users” or “you”).
  4. By accessing or using the Service, you agree to be bound by this Agreement.
  5. 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.
  6. Please read the Agreement carefully in its entirety to ensure that you understand each provision.
  7. 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.
  8. If you do not agree to all of the terms of the Agreement, you must not use or access any parts of the Service.

2. Use of Our Service

2.1 Background to Our Service

  1. Ai-Media’s Service is designed to provide accessibility services for live and pre-recorded media.
  2. 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.
  3. 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).

2.2 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.

2.3 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.

3. Ai-Media Accounts

  1. 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.
  2. We may maintain different types of accounts for different types of Users.
  3. 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.
  4. 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.
  5. 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.
  6. You may control certain parts of your User profile and how you interact with the Service by changing certain settings in your account.
  7. 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.

4. Service Rules and Conditions of Use

  1. 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 writte