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Terms

By using our 3playmedia.com Internet website and any of its associated services, tools, applications, and features, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. These Terms of Service apply to all 3playmedia.com online services and features, including without limitation the 3Play Content Management Solution (“CMS”), online account system, interactive transcript, plugins, and applications, unless otherwise indicated.

Scope of Service

3Play Media (“3Play Media” or “we”) maintains this website as a service to clients (“Client”) who visit and use the site for transcription and/or captioning services subject to these Terms of Service. The terms “Website” or “Work” includes all services and features available on 3playmedia.com, including our content management solution. Client is responsible for obtaining any equipment and Internet service necessary to access our website. Client agrees to pay 3Play Media for any and all transcription and/or captioning work or other services performed according to the rates on 3playmedia.com promptly and in full. Client failure to pay promptly may result in a discontinuation of Client services, including access to download Work and access to 3Play Media’s API. The client does not own the Work and is prohibited from using the Work in any way until payment for services has been rendered. 3Play Media 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 is fully aware and agrees that it is responsible for an accurate and truthful description of the audio contained on its 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 3Play Media, including rates. If 3Play Media 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. 3Play Media provides a high accuracy rate for good audio. Good audio is any media that is clearly recorded in a controlled environment with one person talking at a time with minimal background noise and no media defects. The format must be recorded digitally or transferred to digital format for use with our CMS. Client understands that poor duplication procedures can lead to degradation of the original media file and could result in a higher price, depending on the degree of degradation. While 3Play Media does its best to get the most accurate transcript possible 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 and cause it to drop in accuracy.

3Play Media 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”, “uhs”, stuttered speech, or difficult proper nouns.

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. 3Play Media does not correct grammar or proof-read material – it only transcribes what is on the source media. If for some reason Client claims that any transcript fails to comply with acceptable accuracy levels, Client has thirty (30) days to notify 3Play Media so that it can examine the discrepancy. At such a time, 3Play Media shall, at its option, (a) correct the deficiencies leading to such failure and re-deliver such transcript 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 quality.

Client agrees and understands that caption pricing is based on a bundled transcription basis and that transcription rates are determined separately, based on the above criteria. 3Play Media produces captions following standards for the “borrowing” method, resulting in evenly spaced text appearance for improved reading experience, rather than every word showing up exactly when spoken. Client understands that 3Play Media 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 3Play Media. In the event that Client uses a previously produced transcript for caption production, 3Play Media will not correct grammar or proof-read material. It is solely responsible for the text alignment and caption file production process.

All Source Materials are subject to 3Play Media’s acceptance, which it may exercise in its sole and absolute discretion. 3Play Media 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 is not possible or 2. the project is beyond 3Play Media’s resources. If the audio quality of any Source Material appears to be different than the quality represented by Client, 3Play Media will contact Client and discuss this discrepancy and a possible increased rate. If the parties are unable to agree on the appropriate rate, 3Play Media may decline to work on the project and, in such case, all media files will be returned and no Work will be performed by 3Play Media.

3Play Media 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 3Play Media 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. 3Play Media offers Client different shipping options, but when one is not selected, 3Play Media will send Source Materials back to Client in the most cost-effective way possible (which will likely be the slowest way possible).

Client acknowledges that 3Play Media bills per hour of recorded audio and not on page count, number of characters, or work hours. Client agrees to pay the rates prevailing at the time the Work is requested as set forth in the Rates section of 3Play Media’s website. Payment is due upon acceptance of the proposed invoice in the My Account section of the website. Payment is due within 30 days for all check payments. Client further agrees that 3Play Media may hold any source media files or output files until it receives payment in full from Client for any Work related to such source files.

This agreement commences as of the date of the first online registration process executed by the Client and terminates upon the termination date of the last service contract in effect between the parties. The initial term (the “Term”) of each service contract will be for a period of twelve (12) months from the date of commencement of service(s) (as defined in the applicable Terms of Service), unless otherwise agreed to by both the parties.

3Play Media acknowledges that by reason of its relationship with Client, it may have access to certain information and 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”). 3Play Media will not disclose to any third party such Confidential Information revealed to it by Client unless and until required by court order or other legal process to do so or such information passes into the public domain. 3Play Media reserves the right to maintain and use output materials strictly for internal research and development. 3Play Media will store transcription and captioning output files in secure environment.

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these terms and conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the website, whether created by us or provided by another person for display on the website.

The 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 Content that is available on this website, subject to the following conditions:

a. The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

b. The Content may not be modified.

c. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this website.

Indemnification

By using this website, you agree to indemnify, hold harmless and defend 3Play Media from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.

Content Submitted by Users

a. Accuracy. You may use this website without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

b. Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms. With respect to such forums and chat rooms, we acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of 3Play Media. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this website.

c. Monitoring. We have the right, but not the obligation, to monitor Content submitted to our website through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this website. Without limiting the foregoing, we have the right to remove any material that 3Play Media, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this website.

Prohibited Conduct

By accessing our website or any chat room, online discussion forum, or other service provided through our website, 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 or any related chat room or online discussion forum to:

a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by 3Play Media.

b. Use a name or language that 3Play Media, in its sole discretion, deems offensive.

c. Post defamatory statements.

d. Post hateful or racially or ethnically objectionable Content.

e. Post Content which infringes another’s copyright, trademark or trade secret.

f. Post unsolicited advertising or unlawfully promote products or services.

g. Harass, threaten or intentionally embarrass or cause distress to another person or entity.

h. Impersonate another person.

i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

j. Exploit children under 18 years of age.

k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

l. Introduce viruses, worms, Trojan horses and/or harmful code to the website.

m. Obtain unauthorized access to any computer system through the website.

n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).

o. Solicit personal information from children under 13 years of age.

p. Violate any federal, state, local, or international law or regulation.

q. Encourage conduct that would constitute a criminal or civil offenses.

Children

This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this website is the property of 3Play Media and/or its affiliates or licensors, 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. Content does not include source media files for transcription and/or captioning files.

We do not claim ownership of Content submitted by users without compensation by 3Play Media and with the expectation that such Content will be made publicly accessible through our website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@3playmedia.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it. You agree, however, that (i) by submitting unsolicited ideas to 3Play Media or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to 3Play Media or any of its employees or representatives automatically become the property of 3Play Media. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to 3Play Media together with all intellectual property rights therein.

Copyright Infringement; Notice and Take-Down Procedures

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 complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this website is Jeremy Barron at jeremy@3playmedia.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.

Security

When you register to participate in an online discussion forum, chat room, promotion, or other service offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

Disclaimer of Warranty

Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website. 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 THIS WEBSITE 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, 3PLAY MEDIA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) 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.

Limitation of Liability

IN NO EVENT SHALL 3PLAY MEDIA BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Plugins

Any plugins made available on this website are the sole and exclusive property of 3Play Media, Inc. (and we retain the copyright to such software). Such software may not to be reproduced, modified, distributed or otherwise used, without the written approval of 3Play Media, Inc. We have granted approval to our paying customers while they are our customers to reproduce, modify and use (but not distribute) this software for their own internal use only. This means that if you are not a paying customer of 3Play Media, Inc., you may not reproduce, modify, distribute or otherwise use the code. Paying customers who are permitted and do use such software are hereby advised that this software is provided “as is” and any express or implied warranties, including but not limited to, an implied warranty of merchantability and fitness for a particular purpose are disclaimed. In no event shall 3Play Media, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including but not limited to, procurement or substitute goods or services, loss of use, data or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

Exclusions

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 MAY NOT APPLY TO YOU.

Links to Third-Party Websites

This website contains links to non-3Play Media websites that are provided to you as a convenience. Any outside website accessed from our website is independent from 3Play Media, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-3Play Media websites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by 3Play Media of that third party or of any product or service provided by a third party. Likewise, a link to any non-3Play Media website does not imply that we endorse or accept any responsibility for the content or use of such a website. 3Play Media does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. 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.

Jurisdictional Issues

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.

Termination

We may terminate any user’s access to our website, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.

Enforcement

These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

Severability

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.