Terms of Service
This website, services and Eariously applications are owned and controlled by Stratiq LLC (dba Eariously) unless otherwise indicated.
EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EARIOUSLY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Eariously is a web-based text-to-speech application that converts any text into audio.
I. Basic Terms
- Eariously is not affiliated with any other third party such as Amazon, Google, IBM, Microsoft, Facebook, Instagram, Twitter, or any social media site or service except as a user or advertiser.
- You agree that it is your sole responsibility to comply with all third-party providers’ terms of service, copyright rules, compliance requirements and all laws, rules, and regulations that apply to you concerning sites that are receiving services from Eariously. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.
- Eariously is not responsible for any or all actions that you take or perform using any output from our application or site. The appropriateness or legal status of any posts to your account is solely your responsibility.
- We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. Eariously when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.
- Eariously may at its sole discretion modify or terminate any and all service(s) when Eariously becomes aware of a violation by you or your agent in connection to Eariously, a third party partner or site’s Terms of Service or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.
II. General Terms
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).
- You also represent that all information you provide or provided to Eariously upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You are responsible for keeping your password secret and secure. Eariously will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect credentials you have submitted to Eariously.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the sites that are proved service(s) offered by Eariously , including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use sites that are proved service(s) offered by Eariously for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.
- You must not create or submit unwanted email, comments, media or other forms of commercial or harassing communications (a/k/a “spam”) via sites that are proved service(s) by Eariously.
- We reserve the right to refuse access to the Eariously Service(s) to anyone for any reason at any time.
- You are solely responsible for your interaction with other users whether online or offline. You agree that Eariously is not responsible or liable for the conduct of any user or member of your target audience.
- Eariously is under no obligation to monitor or become involved in disputes between you and other users of sites or members of your target audience.
- Eariously is not responsible for any content posted on any site(s) that you have agreed to receive service(s) from. Eariously does not check copyright, trademark or other Intellectual property rights associated with the content you post. You are solely responsible for any content you post on any site in any manner.
- You agree that you are solely responsible for any and all violations of Intellectual Property laws, regulations, or customs and you certify by accepting service(s) from Eariously that you have the right to use all content posted by you on any site that is receiving service(s) from Eariously.
- You represent and warrant that:
- the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on any social media site that is receiving services from Eariously; and
- If Eariously is notified by an appropriate party or authority as determined by Eariously at its sole discretion that any or all of your sites repeatedly infringe other people’s intellectual property rights, we may cease and terminate all services to the infringing site(s) without refund of any earned amounts as of the date of termination.
Commercial Rights of Generated Files
Eariously converts text to speech as downloadable files. The output generated from Eariously belongs to the end user and is free to use for both personal or commercial purposes. This does not in any way supercede local, national, or country-specific laws related to copyright and intellectual property rights.
To cancel your account, you can navigate to your Account Profile within the Eariously application and click the Cancel button. You do not need permission nor do you need to contact us. If you cancel your user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein.
BY ACCESSING,USING OR RECEIVING EARIOUSLY SERVICE(S) YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS, PROVIDE , CREATE OR USE ANY CONTENT ON THE SITES RECEIVING EARIOUSLY SERVICES.
EARIOUSLY DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL EARIOUSLY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
- THE APPLICATION OR SERVICE(S);
- TARET AUDIENCE REACTION TO YOUR CONTENT;
- USER CONTENT;
- YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE APPLICATION OR SERVICE(S);
- ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
- ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR
- ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF EARIOUSLY HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL EARIOUSLY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL EARIOUSLY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS…
BY ACCESSING THE SERVICE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “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.” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR NATION.
EARIOUSLY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on a social media site receiving service(s) agree to defend, indemnify and hold Eariously harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on any social media site that is receiving services from Eariously or those operated, maintained or administrated on your behalf):
- your Content or your access to or use of any site that is receiving services from Eariously
- your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you. You will cooperate as fully required by Eariously in the defense of any claim. Eariously reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Eariously.
Except if you opt-out or for disputes relating to:
- your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents);
- You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Eariously is a party to the proceeding.
- This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Eariously or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
- You may opt out of this agreement to arbitrate. If you do so, neither you nor Eariously can require the other to participate in an arbitration proceeding. To opt out, you must notify Eariously in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Arbitration Opt-out
220 Davidson Ave., Suite 100
Somerset, NJ 08873
- You must include your name and residence address, the email address you use for your Eariously account, and a clear statement that you want to opt out of this arbitration agreement.
- If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
- This arbitration agreement will survive the termination of your relationship with Eariously.
Time Limitation of Claims
You agree that any claim you may have arising out of or related to your relationship with Eariously must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
These terms of service are governed by and will be construed under the laws of the State of Washington, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute arising from or relating to the subject matter of these terms shall be settled In Clark County District Court subject to the terms of the included Arbitration Clause.
Eariously’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Eariously reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Eariously.
Assignment and Severability
Software related to or made available as part of the Service(s) may be subject to United States export controls. Thus, no software from the Service(s) may be downloaded, exported or re-exported:
- into (or to a national or resident of) any country to which the United States has embargoed goods; or
- to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By downloading any software related to the Service(s), you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Eariously may choose to sell assets, and may share or transfer customer information in connection with the evaluation of an entry in tree into such actions. If we or our assets are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.
In the event of such occurrence we shall notify the users affected so that proper notice if applicable can be reasonably given as required by law, rule or regulation. User is solely responsible for any notification required under United States, European Union General Data Protection Regulation, Canadian or Great Britain, law, rule, or regulation in effect at the time