The following terms and conditions constitute a contract between you and Transcribe.com, a division of CrowdSource and govern the use of the Sites and the Services. Capitalized terms are defined throughout this agreement (“Agreement” or “Terms of Service”) and in the Certain Defined Terms section below.
The Sites and Services are offered subject to your acceptance without modification of all terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time on the Sites. Please read these terms and conditions carefully before accessing the Sites or using any of the Services. By accessing, registering with, or using any of the Sites or Services, you acknowledge that you did read, understand and agree to be bound by these Terms of Service.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of this Terms of Service at any time without notice. Any changes will be effective upon posting of the Terms of Service on the Sites and may be made without any other notice of any kind. Continued use of the Sites or Services after any changes to the Terms of Service signifies your understanding and acceptance of the new Terms of Service.
If you do not agree to any of the terms and conditions contained in these Terms of Service, your only remedy is to not access the Sites or use the Services. This Agreement is effective as of August 16, 2013. Your continued use of the Sites or the Services after such time will signify your acceptance of this Agreement.
Transcribe.com will provide a money-back guarantee for all transcription Services. If for any reason, you are not satisfied with the Transcripts delivered by Transcribe.com, and the Source Materials met the guidelines listed below, you will have seven (7) days to notify Transcribe.com so that it can assess the quality of the Transcripts. Transcribe.com will either correct the Transcripts to your reasonable satisfaction or provide a full refund.
In order for Transcribe.com to offer you our money-back guarantee, your Source Materials must meet the following criteria:
You acknowledge that CrowdSource has no obligation to pre-screen or validate User Information or Source Materials contributed to the Site(s) or through the Services. You are solely responsible for providing accurate, current and complete information in connection with any User Information or Source Materials that you make available through the Sites or Services and represent and warrant that you have all necessary rights to submit such User Information or Source Materials to us.
You agree not to upload, post, transmit or otherwise make available any User Information or Source Materials that (when used as contemplated by the Services):
You acknowledge that CrowdSource has the right, but not the obligation, at any time and without prior notice, to refuse any User Information or Source Materials, which you submit or otherwise make available via the Sites or through the Services.
You acknowledge and agree that CrowdSource may preserve User Information and may also disclose User Information 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; (b) enforce this Agreement; (c) respond to claims that any Source Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of CrowdSource, its owners, its users and the public.
You acknowledge that CrowdSource has no obligation to pre-screen User Generated Content made available through the Sites or Services. Comments or opinions contained in User Generated Content are those of their respective contributors only and do not represent the views of CrowdSource, its management or employees. CrowdSource is not responsible for, and disclaims any and all liability for the content of User Generated Content on the Sites or made available through the Services.
As a user of the Sites or the Services, you represent and warrant that you will not use the Sites or Services to:
Without limiting any of the above representations or warranties, CrowdSource shall have the right, but not the obligation, to terminate or deny access to, and use of, the Sites or Services to any individual or entity for any reason, in CrowdSource’s sole discretion.
In consideration of your use of the Sites and the Services, you agree that:
CrowdSource acknowledges that by reason of its relationship with Client, it may have access to certain information and materials contained in User Information and Source Materials in relation to the Client’s business, products, services, clients and marketing strategies that are confidential and of substantial value to the Client (“Confidential Information”).
CrowdSource agrees (a) not use or permit the use of Confidential Information in any manner or for any purpose not expressly set forth in these Terms of Service or as necessary to perform the Services; (b) will effect and maintain adequate security measures to safeguard the Confidential Information from unauthorised access, use and/or misappropriation; and (c) will not disclose or publish any Confidential Information, unless and until required as a matter of law or by court order or other legal process.
If we issue you an account or login in connection with your use of the Sites or Services, or any portion thereof, you will be deemed a “Registered User”. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
Certain portions of the Sites and/or Services may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit or otherwise allow any third party to access and/or use your username, password or account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You agree to notify us immediately of any unauthorized use of your username, password or account. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use by the party using your account.
CrowdSource may, in its sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Sites or Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Sites is terminated, you will not thereafter access, or attempt to access, the Sites, directly or indirectly.
Other than as explicitly stated in these Terms of Service or on the Sites, CrowdSource does not guarantee the accuracy, integrity or quality of the information on the Sites or their constituent Services. Under no circumstances will CrowdSource be liable in any way for any claim arising out of or related to the Sites or Services, including, but not limited to, for any errors or any omissions on the Sites, or for any loss or damage of any kind as a result of the use of any content posted on any of the Sites or made available through the Services, whether posted by you or CrowdSource.
The Sites and Services are provided “as-is”. CrowdSource disclaims any and all representations or warranties, express or implied, including warranties of title, merchantability, fitness for a particular purpose or non-infringement. CrowdSource does not guarantee that the Site’s content and/or code is error-free, nor does it guarantee that its servers or the third-party servers it employs are free of viruses.
By visiting the Site and/or Service, you agree that the laws of the United States and the State of Illinois, without regard to principle conflict of laws, will govern these Terms of Service and any dispute that may arise between you and the Company or its Affiliates.
By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors under the age of eighteen (18).
You agree to indemnify, defend and hold the Company, its affiliates and subsidiaries, and each of their directors, executives, attorneys, agents, employees, partners and contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to, arising out of or relating to (i) User Information or Source Information you submit, post or transmit or make available through the Sites or Services, or (ii) violation of these Terms of Service or any applicable law, (iii) damage to or loss of any Source Materials whether Masters or duplicates, including without limitation data and media, (iv) use, publication, or distribution of any Transcripts (including Transcripts that may include typographical or factual errors) (iv) any legal proceedings threatened or initiated against the Company by a third party as a result of the events described in this section, or your violation of any rights of another, including but not limited to intellectual property rights.
Client agrees that it is its responsibility to proofread and confirm the accuracy of a Transcript before information from a Transcript is published or printed or otherwise used and Client will not take any action against or include or implicate CrowdSource, it’s employees, officers, directors, or agents as defendants in any litigation arising out of or related to Client’s use of the Sites, Services or Transcripts.
You agree that the Company will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Sites or Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, CrowdSource or its affiliates.
In any event, the maximum aggregate liability of CrowdSource under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the fees paid by CrowdSource to you.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of CrowdSource will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
If you have any questions or need further information as to the Sites or Service(s) provided by CrowdSource, or need to notify CrowdSource as to any legal matters relating to the Sites or Service(s) please contact CrowdSource at:
Attn: Josh Katz
CrowdSource Solutions, Inc.
33 Bronze Pointe, Suite 100
Swansea, IL. 62226 USA
These Terms of Service constitute the entire agreement between you and CrowdSource regarding the use of the Sites and/or the Services, superseding any prior agreements between you and CrowdSource relating to your use of the Sites or the Services. The failure of CrowdSource to exercise or enforce any right or provision of these this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Any capitalized term not otherwise defined in this Agreement has the meaning given such term below and as used throughout this Agreement:
“Client” or “you” means any user of the Sites or Services.
“Registered Account” means any account that you have established with Transcribe.com, or its affiliates, or any successor or replacement websites.
“Service(s)” means any service that we sell, offer to sell or provide on or through Transcribe.com.
“Sites” means the websites located at www.transcribe.com, and www.CrowdSource.com, and any successor or affiliate website thereto, including: all Services provided by or through the service platform on the Sites, the networks connected to or accessible through the Services and all site content including, any material, content, text, pictures, software, videos, music, information and other files created, located, displayed on any the Sites or submitted through the Services.
“Third-Party Sites” – means any site not owned by CrowdSource Solutions, Inc.
“Transcribe.com”, “CrowdSource”, “we”, “us” “our” or the “Company”, means CrowdSource Solutions, Inc., it’s network, any associated services and sub-domains, and its corporate affiliates and subsidiaries, including but not limited to, Transcribe.com.
“Transcripts” means the work product delivered by Company to Client as part of the Services.
“User Information” means any information that you submit to Transcribe.com.
“Source Materials” means any content you submit to the Sites or through the Services, in any form or medium, including, without limitation, audio files, video files, and image files.