Speechocean Incorporated ("SPC") makes this website (the "Site"), including all information, documents, communications, files, text, graphics, database, and products available through the Site and all services operated by Speechocean through the Site available for your use subject to the terms and conditions set forth in this document and any changes to this document that Speechocean may publish from time to time. These Terms of use ("Terms") govern your use of the Speechocean website at www.Speechocean.com; they do not apply to other online or offline Speechocean websites, products or services of Speechocean including, but not limited to Chinese, Korean, German or Japanese versions of the www.Speechocean.com website. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOuT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY PRODUCTS, SOFTWARE OR INFORMATION, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS.
Speechocean reserves the right to change these Terms from time to time. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to review these Terms often.
All references to "us," "our" and "Speechocean" in this Agreement are intended to refer to Speechocean, Inc. and its affiliate entities. All references to "you," "your" and "user" in this agreement are intended to refer to the user of this Site.
A. Your use of This Site
You agree not to use this Site for any illegal purpose and to adhere to these Terms. When using this Site, you shall be subject to any guidelines, rules, or licenses found on this Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.
B. Your Conduct on This Site
You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, threatening, invasive of privacy, infringing of intellectual property rights, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an online review), Speechocean may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Site. Speechocean may also disclose any content or electronic communication of any kind: (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate Speechocean; or (c) to protect the rights or property of Speechocean, this Site, or its users. You may not use or attempt to use another's account, password, service, or system without authorization from Speechocean. You agree not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked websites.
We reserve the right to terminate or suspend your access to all or part of this Site, without notice, for any conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the Speechocean users, the communities that make up this Site, Speechocean or any third party. Notwithstanding the foregoing, Speechocean cannot ensure prompt removal of questionable content after online posting. ACCORDINGLY, SPEECHOCEAN DOES NOT ASSUME ANY LIABILITY FOR ANY ACTION OR INACTION BY SPEECHOCEAN WITH RESPECT TO CONDUCT, COMMUNICATION, OR CONTENT ON THIS SITE.
C. Intellectual Property
The content, information, software, images, files, logos, service names, graphics, text, documents and services ("Materials") offered on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials on this Site may violate such laws and these Terms. Except as expressly provided herein, Speechocean and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on this Site or its Materials or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Speechocean or any third party with a presence on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
D. Copyrights
Speechocean is committed to protecting individuals' copyrights. Each image submitter is required by our law to own the right to or to obtain permission to use any image before the image is uploaded or printed on this Site or provided to Speechocean for any reason, including, but not limited to contests, technical support or display on the Site. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
Email:contact@speechocean.com
Speechocean may request confirmation of the copyright ownership from the submitter. Speechocean reserves the right to not accept any images or information for any contests or other purposes until such confirmation is received. You acknowledge that any submission may be removed, published, copied, modified, transmitted or displayed by Speechocean for the purposes of delivering the offered Services. In addition, you warrant that all moral rights in any uploaded materials have been waived. Neither Speechocean nor any third party using the content in accordance with this section will be obligated to pay you any royalties or other compensation for use of the content.
E. DISCLAIMERS
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY SPEECHOCEAN ARE PROVIDED "AS IS" AND SPEECHOCEAN EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPEECHOCEAN MAKES NO WARRANTY THAT (i) THIS SITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE, THE SERVICES OR THE PRODUCTS WILL BE EFFECTIVE, ACCURATE, RELIABLE OR SECURE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; (iv) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THIS SITE, OR ANY DEFECTS IN THIS SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED; (v) ANY SOFTWARE DOWNLOADED FROM THIS SITE WILL BE FREE OF COMPUTER VIRUSES AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM; AND (vi) THIS SITE DOES NOT INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) SPEECHOCEAN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE; (ii) ARCSOFT MAKES NO RESPRESNTATIONS OR WARRANTIES WHATSOVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; AND (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
F. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, SPEECHOCEAN SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPEECHOCEAN HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
G. Privacy
Please review our Privacy Policy (http://www.Speechocean.com/ ) to understand our practices with regard to any images, data or other information you submit to the Site. You hereby agree that the Privacy Policy governs your visit to this Site and is incorporated in these Terms.
H. Indemnification
You agree to indemnify, hold harmless and defend Speechocean, its officers, directors, employees, agents, successors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of this agreement by you or anyone acting under your direction, authority or control.
I. Changes To This Site
Speechocean may make changes to the Services, content on this Site or to the products and prices described, at any time without notice. The content, products, prices or Services on this Site may be out of date, and Speechocean makes no commitment to update the content, products, prices or Services on this Site.
J. International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site may refer to products, programs or services that are not available in your country. Contact Speechocean Support (http://www.Speechocean.com) for information regarding the products, programs and services that may be available to you. This Site is controlled, operated, and administered by Speechocean from its offices within China. Speechocean makes no representation that this Site, or the Services, products or content available through it, are appropriate or available for use at other locations outside the united States, and access to this Site from territories where the Site or any of its Services, products or content are illegal is prohibited. If you access this Site from a location outside China, you are responsible for compliance with all local laws where you reside. See the section on export control laws, below, for further information.
K. Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in China or other country, to the extent you have in any manner violated or threatened to violate Speechocean's intellectual property rights, Speechocean may seek injunctive or other appropriate relief in China, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the China Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
L. Site Policies, Modification and Severability
Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to this Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any condition in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You agree that this Agreement and all incorporated agreements may be automatically assigned by Speechocean, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.
M. General Terms
All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of China. These Terms constitute the entire agreement between you and Speechocean with respect to the use of this Site. Speechocean's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
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