These terms of service were last updated on November 23, 2015.
By using our verb8tm.com Internet website and any of its associated services and features, you indicate your unconditional acceptance of the following Terms of Service (“Agreement”). Please read them carefully, as they may have changed since your last visit. This Agreement applies to all verb8tm.com online services and features unless otherwise indicated.
Scope of Service
Verb8tm (“Verb8tm” or “we”) maintains this website as a service to clients (“Client”) who visit and use the site for converting audio files (including audio files within video files) to text subject to this Agreement. The term “Website” includes our website and all services and features available on verb8tm.com. The term “Work” includes the results of all services we may provide to the Client. Client is responsible for obtaining any equipment and Internet service necessary to access our website.
Verb8tm may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Client acknowledges that Verb8tm bills per hour of recorded audio and not on page count, number of characters, or work hours. To use the Services, you will be required to make one or more payments and provide Verb8tm information regarding your credit card or other payment details and information. You represent and warrant to Verb8tm that such information is true and that you are authorized to provide payment using your designated payment method. 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 Verb8tm the amount that is specified for the Service as agreed or otherwise in accordance with this Agreement. You do not own the Work and are prohibited from using the Work in any way until payment for services has been rendered in full.
Verb8tm may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Verb8tm thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection including attorney’s fees. If you dispute any charges you must let Verb8tm know in writing within twenty (20) days after the date that Verb8tm invoices you. We reserve the right to change Verb8tm’s prices. If Verb8tm does change prices, Verb8tm will provide notice of the change in email to you or on the website. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with your use of the Service or Site including all sales, use, value-added, or similar taxes.
Clients are responsible for an accurate and truthful description of the audio contained on the source materials provided to Verb8tm (“Source Material”). Regardless of Client’s description of the Source Material, in the event its description is inaccurate, the appropriate classification will be assessed by Verb8tm, including rates. If Verb8tm determines that its classification of any Source Material is different than the Client’s, it will notify the Client before proceeding with the Work.
Client also agrees and understands that audio characteristics might increase the price. Verb8tm provides a high accuracy rate for good audio. Good audio is any media that is clearly recorded in a controlled environment with minimal background noise and no media defects. While Verb8tm does its best to provide the most accurate transcript and captions possible per your accuracy requirements, regardless of the quality of audio, client should be aware that any audio that does not meet the previous criteria may impact the quality of the transcript or captions and cause it to drop in accuracy.
Verb8tm 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”, “us”, and stuttered speech, unless directed by the client to do so.
The burden of proof rests with Client and Client realizes and accepts that judgment calls have to be made on punctuation, spellings, grammar, etc. Additionally, spoken language consists of run-on sentences and other grammatically incorrect text. Verb8tm does not correct grammar or proof-read material – it only transcribes what is on the Source Material.
All Source Materials are subject to Verb8tm’s acceptance, which it may exercise in its sole and absolute discretion. Verb8tm has the right to reject, in its sole and absolute discretion, any Source Material for any reason whatsoever, including without limitation that it is considered to be of such poor quality that: 1. transcription or captioning is not possible or 2. the project is beyond Verb8tm’s resources. If the audio quality of any Source Material appears to be different than the quality represented by Client, Verb8tm will contact Client and discuss this discrepancy and a possible increased rate. If the parties are unable to agree on the appropriate rate, Verb8tm may decline to work on the project and, in such case, all media files will be returned and no Work will be performed by Verb8tm.
Verb8tm will notify Client of any unanticipated issues with source media files before completing the Work. This applies to files that have a large number of unexpected inaudibles or perceived media file corruptions.
Client agrees to not hold Verb8tm liable for any loss or damages to or destruction of any source media files, including those that may occur in shipping or transmission electronically.
If deemed necessary, Client agrees to pay all shipping costs for submission and return of media files. Verb8tm offers Client different shipping options, but when one is not selected, Verb8tm will send Source Materials back to Client in the most cost-effective way possible (which will likely be the slowest way possible).
If for some reason Client claims that any transcript or video captioning fails to comply with acceptable accuracy levels, Client has thirty (30) days to notify Verb8tm so that it can examine the discrepancy. At such a time, Verb8tm shall, at its option, (a) correct the deficiencies leading to such failure and re-deliver such transcript or video captions no later than thirty (30) days following its receipt of notice of such non-compliance from Client, or (b) provide Client with a complete refund of all fees paid with respect to such Deliverable. Notwithstanding anything to the contrary in this Agreement, the foregoing remedy shall be Client’s sole and exclusive remedy for any breach of expected transcript or video captions quality.
Client understands that Verb8tm will alter caption formats and appearances within the standard specifications of the desired file output format. Additional customization will be performed at an additional fee if deemed possible by Verb8tm. In the event that Client uses a previously produced transcript for caption production, Verb8tm will not correct grammar or proof-read material. It is solely responsible for the text alignment and caption file production process.
Users have a personal, non-transferable, non-exclusive right to access and use the Verb8tm Content of the Site subject to these terms and conditions.
The term “Verb8tm Content” means all information, text, images, data, links, software, or other material that Verb8tm may post and make accessible through the Site such as webinars and instructional videos and materials regarding our services.
The Verb8tm Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Verb8tm Content that is available on the Site, subject to the following conditions:
- The Verb8tm Content may be used solely for your internal informational purposes. No part of the Site or its Verb8tm Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Verb8tm Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
By using the Verb8tm website and service, you agree to indemnify, hold harmless and defend Verb8tm and its affiliates and their officers, employees, directors and agent from any and all claims, damages, losses, liabilities, expenses, including reasonable attorneys’ fees, rights, actions of any kind and injury (including death) arising directly or indirectly out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another.
Content Submitted by Users
As a part of the Service, you may transmit information, video, audio, messages, or other materials, including requests for transcriptions and Source Material Verb8tm (“User Content”). You must not transmit User Content to the Service unless you own all necessary rights, or have permission from the rightful owner of the User Content, to do so. Verb8tm reserves the right to limit the number of days that that we retain User Content and transcriptions.
Verb8tm agrees that each User owns all rights, title and interests in and to all of the submitted User Content and transcription work that is provided as part of this service, and that Verb8tm may not use the User Content or any of the subject work provided by Verb8tm to each User, in any manner, including but not limited to, distribution to the public or to any third party, without the express prior written consent of each User which shall be granted or withheld in each User’s sole discretion.
Although Verb8tm will not necessarily review User Content, Verb8tm reserves the right to refuse or review any User Content transmitted to the Service, at any time and for any reason without notice. You remain solely responsible for any liability arising out of your User Content or Verb8tm’s failure to transmit or store your User Content. Under no circumstances will Verb8tm or our stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content.
By accessing the Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website to:
- Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Verb8tm.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Introduce viruses, worms, Trojan horses and/or harmful code to the website.
- Obtain unauthorized access to any computer system through the website.
- Violate any federal, state, local, or international law or regulation.
You are solely responsible for all User Content that you email or otherwise provide via the Service. You must comply with all applicable laws when using the Service. Any submitted User Content is subject to Verb8tm acceptance, which it may exercise in its sole and absolute discretion. Verb8tm has the right to reject any User Content, including Source Material, for any reason, including:
- User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- User Content that infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hatefully ethnically, inflammatory, or fraudulent;
- Unsolicited or unauthorized advertising, pyramid, or any other form of solicitation; or
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Materials that poses or creates a privacy or security risk to any person;
- Material that is objectionable in the sole judgment of Verb8tm;
- Materials that violate any applicable local, state, national or international law, or any regulations having the force of law;
Except as may be expressly permitted by applicable law or authorized by Verb8tm in writing, you will not, and will not permit anyone else to: (a) rent, lease, sublicense, or provide your access to the Service to another person; (b) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (c) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Service or any supporting media; or (d) circumvent or manipulate our fee structure.
Unless otherwise noted, all Verb8tm Content contained on the Site is the property of Verb8tm and/or its affiliates, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. Verb8tm Content does not include User Content including source media files for transcription and/or captioning files.
Your feedback is welcome and encouraged. You may submit feedback by emailing us at firstname.lastname@example.org. You agree, however, that (i) by submitting ideas, suggestions or feedback to Verb8tm or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas, suggestions or feedback; and (ii) ideas, suggestions and feedback submitted to Verb8tm or any of its employees or representatives automatically become the property of Verb8tm. You hereby assign and agree to assign all rights, title and interest you have in such ideas, suggestions and feedback to Verb8tm together with all intellectual property rights therein.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; and (5) a signed statement that “under penalty of perjury,” you declare the information in your claim is accurate and that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Submit this request relating to the Site to email@example.com.
Disclaimer of Warranty
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERB8TM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VERB8TM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY USER CONTENT SENT BY YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERB8TM OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERB8TM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OTHER INTANGIBLE LOSSES (EVEN IF VERB8TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, DAMAGES 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 USE OR MISUSE 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 VERB8TM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VERB8TM 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 ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Verb8tm Content on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, VERB8TM DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Websites
The Site contains links to non-Verb8tm websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Verb8tm, and we have no control over the content of such websites. A link to any non-Verb8tm website does not imply that we endorse or accept any responsibility for the content or use of such a website. Verb8tm does not endorse, warrant or guarantee any product or service offered by any third party accessible through the Site and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. You further acknowledge and agree that Verb8tm is not 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 linked site or resource. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Verb8tm is not liable for any loss or claim that you may have against any such third party.
We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
No Implied Endorsement
In no event shall any reference to any third party or third party product or service by trade name, trademark, manufacturer, supplier or otherwise, be construed as an endorsement, sponsorship, or recommendation by Verb8tm of that third party or of any product or service provided by a third party, or vice versa.
The Verb8tm name and the Verb8tm logo are trademarks of Verb8tm, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Verb8tm. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners who may or may not endorse or be affiliated with or connected to Verb8tm.
You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. By using the Service, you represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the terms of this Agreement. The Service is not intended for those under the age of 18.
You agree that Verb8tm, in its sole discretion, may suspend or terminate your use of the Website or the Service and remove and discard any content within the Website or the Service, at any time and for any reason, including, without limitation, for lack of use or if Verb8tm believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. If you breach any part of this Agreement, your rights under the Agreement will terminate automatically. 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. Verb8tm 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 Verb8tm 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 Verb8tm will not be liable to you or any third-party for any losses resulting from any termination of your access to the Service.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. This Agreement shall be governed and interpreted pursuant to the laws of the State of Maryland, United States of America, notwithstanding any principles of conflicts of law.
At Verb8tm’s or your election, all disputes, claims, or controversies arising out of or relating to this Agreement or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Baltimore, Maryland before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in this Agreement. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this Agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.
Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
If any part of this Agreement is found by a court of competent jurisdiction to be held unlawful, invalid, void, or unenforceable, the provision will be deemed severable and the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and shall not affect the validity and enforceability of the remaining provisions.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement constitute the entire Agreement between the parties relating to the subject matter herein and supersedes all prior agreements or communications between you and Verb8tm regarding the subject matter of this Agreement. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting. By accessing or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed of any changes to it. If you continue to use the Service after we modify this Agreement, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of this Agreement, you must not use the Service.
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.