Note: PLEASE CAREFULLY READ THESE TERMS OF USE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Please read carefully the following provisions of these Terms of Use (the “Agreement” or “Terms of Use”). This is a legal agreement between you and DT Systems LLC. (“DT Systems”, “we”, or “us) regarding the use of our online and/or mobile services, website, and software provided by us (collectively known as the “ Service”). By accessing or using the DT Systems Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the DT Systems Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend This Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the DT Systems Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the DT Systems Service. This Agreement applies to all visitors, users, and others who access the DT Systems Service (“Users”).
USE OF OUR SERVICE
Eligibility:
You may use the DT Systems Service only if you can form a binding contract with DT Systems, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the DT Systems Service. Any use or access to the DT Systems Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the DT Systems Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. DT Systems reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
DT Systems Account:
You must create an account in order to gain access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DT Systems immediately of any breach of security or unauthorized use of your account. DT Systems will not be liable for any losses caused by any unauthorized use of your account.
By providing DT Systems your email address, you consent to our using that email address to send you DT Systems Service-related notices, including any notices required by law, in lieu of communication by snail mail. We may also use your email address to send you other messages, such as changes to features of the DT Systems Service and special offers. If you do not want to receive such email messages, you may opt out by sending us a request at admin@dtsystems.biz
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notice that this Agreement has changed, those legal notices will still govern your use of the DT Systems Service. We will post legal notices to the DT Systems Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.
Service Rules:
You agree not to engage in any of the following prohibited activities in connection with the DT Systems Service:
(i) copying, distributing, or disclosing any part of the DT Systems Service in any medium, including without limitation by any automated or non-automated “scraping”
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the DT Systems Service in a manner that sends more request messages to the DT Systems servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
(iii) transmitting spam, chain letters, or other unsolicited email
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the DT Systems Service
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
(vi) uploading invalid data, viruses, worms, or other software agents through the DT Systems Service
(vii) collecting or harvesting any personally identifiable information, including account names, from the DT Systems Service
(viii) using the DT Systems Service for any commercial purposes
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
(x) interfering with the proper working of the DT Systems Service
(xi) accessing any content on the DT Systems Service through any technology or means other than those provided or authorized by the DT Systems Service
(xii) bypassing the measures we may use to prevent or restrict access to the DT Systems Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the DT Systems Service or the content therein
(xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the DT Systems Service.
You may not access or use the DT Systems Service if you work with or for a competitor, except with DT Systems’s prior written consent. In addition, you may not use or access the DT Systems Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the DT Systems Service usage with any third party without DT Systems’s prior written consent.
We may, without prior notice, change the DT Systems Service, stop providing the DT Systems Service or features of the DT Systems Service (to you or generally), or create usage limits for the DT Systems Service. You agree that DT Systems has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the DT Systems Service. We may permanently or temporarily terminate or suspend your access to the DT Systems Service without notice or liability to DT Systems, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the DT Systems Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
User Content
You are solely responsible for all audio and other data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
You agree not to upload User Content that: (i) 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; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) 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, profane, obscene, pornographic, or otherwise objectionable; (vi) 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); (vii) 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 (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you upload 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. Violation of this policy may result in, at the sole discretion of DT Systems, file deletion and/or account termination. Further, if any orders are canceled due to violation of this policy, you forfeit any potential refunds.
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.
In connection with your User Content, you affirm, represent and warrant that your User Content and DT Systems’s use thereof as contemplated by this Agreement and the DT Systems Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
DT Systems takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the DT Systems Service. You acknowledge and agree that Transcribme may preserve your User 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 DT Systems, its users and the public. You understand that the technical processing and transmission of the DT Systems Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
By uploading any User Content you hereby grant and will grant DT Systems and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the DT Systems Service, in any form, medium or technology now known or later developed.
Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the DT Systems Service, you may contact our Designated Agent at the following address:
DT Systems LLC.
Copyright Notification
490 43rd St Unit 190
Fresno, California, USA
Email: admin@dtsystems.biz
Any notice alleging that materials hosted by or distributed through the DT Systems Service infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the DT Systems Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of those materials on the DT Systems Service is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. DT Systems will promptly terminate without notice the accounts of users that are determined by DT Systems to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the DT Systems Service at least twice.
Confidentiality
Any materials or data that you provide to DT Systems for the purpose of providing the DT Systems Service will be your “Confidential Information,” except to the extent such documents (a) are known to DT Systems prior to receipt from you from a source other than one having an obligation of confidentiality to you; (b) become known (independently of disclosure by you) to DT Systems directly or indirectly from a source other than one having an obligation of confidentiality to you; or (c) become publicly known or otherwise cease to be secret or confidential, except through a breach of this Section by DT Systems. DT Systems will use the Confidential Information solely for the purpose of providing the DT Systems Service to you or improving the DT Systems Services (the “Permitted Purpose”). DT Systems will not, without your prior consent, disclose to any third party your Confidential Information, other than furnishing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose. DT Systems will use at least reasonable care to protect the confidentiality of your Confidential Information. In the event that DT Systems is required by law to make any disclosure of any of your Confidential Information, by subpoena, judicial or administrative order or otherwise, DT Systems will use commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information
Fees
To use the DT Systems Service, you will be required to make one or more payments and provide us with information regarding your credit card. You represent and warrant to DT Systems that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay DT Systems the amount that is specified by the DT Systems Service in accordance with the terms therein and this Agreement. DT Systems reserves the right to change our prices. If we change our prices, we will provide notice of the change on the DT Systems website or in email to you, at our option. Your continued use of the DT Systems Service after the price change becomes effective constitutes your agreement to pay the changed amount.
If DT Systems agrees, in its sole discretion, to invoice you for your receipt of the DT Systems Service (rather than requiring you to pay all fees by credit card), you must nevertheless provide DT Systems with your credit card information (as reasonably requested by DT Systems) and promptly update such information with any changes that may occur. If you fail to pay any invoices within 30 days of the date of the invoice, DT Systems will notify you by email of the overdue charge and, if the invoice remains unpaid, DT Systems will charge your credit card the full amount owing under the invoice on the 35th day following the date of the invoice. You hereby authorize us to charge any such overdue amounts to your credit card on file and acknowledge that DT Systems may suspend its provision to you of the DT Systems Service if any amounts remain unpaid. You may be required to pay all subsequent fees by credit card if you fail to pay an invoice within 35 days of the invoice date. DT Systems will only remove a credit card on file at your request if your account balance is $0 and there are no DT Systems Services pending for you.
END USER LICENSE GRANT
DT Systems 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 DT Systems Service for your personal, non-commercial use, as permitted by the features of the DT Systems Service. DT Systems reserves all rights not expressly granted herein in the DT Systems Service and the DT Systems Content (as defined below). DT Systems may terminate this license at any time for any reason or no reason.
Mobile Software
We may make available software to access the DT Systems Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile DT Systems Service. DT Systems does not warrant that the Mobile Software will be compatible with your mobile device. DT Systems hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one DT Systems account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that DT Systems may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and DT Systems or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
Mobile Software From Apple App Store
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. DT Systems and you acknowledge that this Agreement is concluded between DT Systems and you only, and not with Apple Inc. (“Apple”), and as between DT Systems and Apple, DT Systems, not Apple, is solely responsible for the Software and DT Systems Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “DT Systems” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
Mobile Software From Google Android Market
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. DT Systems and you, the end‐user of the Mobile Software and DT Systems Services, acknowledge that the Agreement is entered into by and between DT Systems and you. DT Systems is solely responsible for the Software and DT Systems Services. Should you have downloaded the Software from the Google Android Market located online at https://play.google.com/store. You acknowledge that you have reviewed the Android Market Terms of Service (located online at https://play.google.com/about/play-terms.html) and the Android Market Business and Program Policies (located online at http://play.google.com/about/play-terms.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Accuracy
DT Systems defines accuracy in accordance with the industry standard metric of the Word Error Rate. The Word Error Rate is a measure of the average number of word errors taking into account three error types: substitution (the reference word is replaced by another word), insertion (a word is hypothesized that was not in the reference) and deletion (a word in the reference transcription is missed). The Word Error Rate is defined as the sum of these errors divided by the number of reference words, which will determine the overall accuracy. Accuracy is contingent on audio quality. If, in DT Systems’s sole and reasonable determination, audio quality is deemed partially or wholly inaudible, DT Systems will perform transcription to the best of its abilities, but does not guarantee to meet accuracy rate requirements. Inaudible, poor quality audio, timestamping, and speaker identification will not be included in the calculation of the Word Error Rate.
Security
DT Systems 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.
Third Party Links
The DT Systems Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by DT Systems. DT Systems does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the DT Systems Service, you do so at your own risk, and you understand that this Agreement and DT Systems’s Privacy Policy do not apply to your use of such sites. You expressly relieve DT Systems from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the DT Systems Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that DT Systems shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DT Systems without restriction or notice.
Notices
We may provide notices, whether such notices 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, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve 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.
Contact Us
Should you wish to contact us with any questions, complaints or claims with respect to the DT Systems Service, you should visit the DT Systems website at https://dtsystems.biz/, by mail at Fresno, California, USA or email at admin@dtsystems.biz
