LECTURESCRIBER TERMS OF USE
Welcome to this application (the “Application” (comprising the Free Application and Subscription Application (Trial Subscription Application and Full Subscription Application) (as defined below)) brought to You by LectureScriber (“Us”, “We” or “Our”). In these terms of use (“Terms of Use”), “You” and “Your” means You the person using or visiting the Application.
These Terms of Use together with Our Privacy Policy set out how You may use the Application. The Privacy Policy is an essential part of these Terms of Use and by accepting these Terms of Use You also accept and consent to Our Privacy Policy.
By accessing or using the Application, You agree to be bound by these Terms of Use.
We may from time to time vary these Terms of Use. Please check the Terms of Use regularly to ensure You are aware of any variations or amendments made by Us. Your use of this Application will be subject to the version of the Terms of Use posted on this Application at the time of such use.
ABOUT US
This Application is published and operated by Maksym Brych
If You would like to contact us regarding the Application, please contact Us using the following details:
maxikbrych@gmail.com or visit our website https://maxikbrych.wixsite.com/lecturescriber
ACCESS TO AND USE OF THE APPLICATION
You must be at least 4 years old to use the Application. By using the Application, You are confirming to Us that You are at least 4 years old. If You are not 4 years old, please do not continue to use the Application. Your use of the Application may be terminated without warning if We have any reason to believe that You are under 4 years of age. If You are aged between 4 years old and 18 years old please review these Terms of Use and our Privacy Policy with Your parent or legal guardian to ensure that You and Your parent or legal guardian understand the terms and conditions contained in these Terms of Use and Our Privacy Policy.
Link to privacy policy https://www.freeprivacypolicy.com/privacy/view/e000dbe31c4f2e366b8d69eb056d8679
We offer the following versions of the Application:
(1) a free version of the Application for which there is currently no charge to download the Application (however you have limitation of 5 minutes recording). We may stop offering the Free Application free of charge at any time. You may use the Free Application until Your use is terminated in accordance with these Terms of Use.
(2) an initial trial subscription version of the Application for which there is currently no charge to download the Application, although You will be charged once the Trial Period has ended, or otherwise be required to revert to the Free Application (“Trial Subscription Application”). We may stop offering the Trial Subscription Application free of charge at any time. The Trial Subscription Application is offered to You for a period of seven (7) days or such other period as We may notify to You in writing (“Trial Period”).
(3) When selecting to subscribe for the Trial Subscription Application, You must select one of the following subscription options. Following completion of the Trial Period a Subscription Fee will then be monthly: This offers the Application to You, following payment of the relevant Subscription Fee, for a one-month period commencing on the date that We take payment from You (“Monthly Subscription”); The Subscription Application (Trial Subscription Application and Full Subscription Application) allows you to make recording for unlimited time.
If You purchase a Full Subscription Application You may change Your mind for any or no reason and receive a full refund of the relevant Subscription Fee within 14 days from the day that You sign-up to receive the Full Subscription Application. Refunds will not, however, be provided if You access the Full Subscription Application at any time during this 14 day period.
Subject to Your continued compliance with these Terms of Use, We hereby grant to You, in the case of the Free Application until terminated in accordance with these Terms of Use, in the case of use of the Trial Subscription Application – for the Trial Period, and in the case of the use of the Full Subscription Application – for the applicable Subscription Period (each being the “Term”), a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Application for Your own personal, non-commercial entertainment.. If You breach any provision of these Terms of Use, this licence and
Your authorisation to use the Application will automatically and immediately terminate and You must immediately cease use of the Application.
You may not use the Application in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
Without limiting the foregoing, You agree that when using the Application You will not reverse engineer, decompile, disassemble or otherwise attempt to obtain the Application’s source code.
You agree to comply with all reasonable instructions that We may give You regarding Your use of the Application.
You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the Application. You are also responsible for ensuring that no person uses Your device to access the Application without Your permission. We will be entitled to assume that anyone who accesses the Application using Your device has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
Subscription Fee
There is no charge to use the Free Application or the Trial Application.
There is a Subscription Fee due (as notified to You at the end of the Trial Period) for use of the Full Subscription Application. The amount of the Subscription Fee will depend of currency you use to pay (example: £2.99). The Subscription Fee will be automatically charged to You at the end of each month unless You cancel Your subscription at least 24 hours before the end of the current Subscription Period. You may cancel the auto-renewal feature and Your subscription at any time via Your account settings on the electronic marketplace from which You downloaded the Application. The cancellation will take effect the day after the last day of the current Subscription Period – no cancellation of the current Subscription Period is permitted. We will not refund You any Subscription Fee already paid to Us and any unused portion of Your Subscription Fee for the current Subscription Period will be forfeited.
We will use the debit or credit card registered to Your account on the electronic marketplace from which You downloaded the Application to collect payment of Your Subscription.
We may change the Subscription Fee from time to time and will communicate to You any price changes. Price changes will take effect at the start of the next Subscription Fee and Your agreement to use the Full Subscription Application following the date of the price change is deemed to be an agreement to the new price. If You do not accept the price change that You have the right to reject it by unsubscribing prior to the price change coming into effect.
4. INTELLECTUAL PROPERTY
1. For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
2. All Intellectual Property Rights in and to the Application and any and all games, features, content, materials and information made available via the Application are owned by and shall remain owned by Us or Our licensors at all times.
3. These Terms of Use are not intended to prevent You recording in manual form any individual item of information from the Application or disclosing any individual item of information from the Application, free of charge, to friends or relations for non- commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.
5. DISCLAIMERS
1. WE WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE APPLICATION. HOWEVER, WE ARE NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE APPLICATION OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION ON THE APPLICATION THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).
2. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE APPLICATION AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.
3. WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE APPLICATION AND ALL GAMES, MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL MEET YOUR REQUIREMENTS. THEREFORE WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE APPLICATION AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THAT INFORMATION IS AT YOUR OWN RISK.
6. LIMITATION OF LIABILITY
1. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
2. SUBJECT TO CLAUSE 9.1, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR:
a. ANY DIRECT LOSS, CLAIM OR DAMAGE;
b. ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST SAVINGS OR LOSS OR CORRUPTION OF DATA); OR
c. ANY LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
i.ANY USE OF THIS APPLICATION OR ITS CONTENTS OR ANY COMPETITIONS OR PRIZE DRAWS WHICH ARE ENTERED VIA THE APPLICATION;
ii. ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE APPLICATION (INCLUDING ANY PACK OR HINT) OR ANY SERVICE INCLUDING ANY UNAVAILABILITY OF THE APPLICATION OR THE SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY; OR
iii. ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION,
IN ALL CASES EVEN IF WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
3. WITHOUT LIMITING THE EFFECT OF CLAUSE 9.2, DUE TO THE INHERENT RISKS OF USING THE INTERNET, WE CANNOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR ANY OTHER PROPERTY WHEN YOU ARE USING THE APPLICATION. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION MADE AVAILABLE VIA THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
4. YOU AGREE TO INDEMNIFY US AGAINST ANY CLAIMS OR LEGAL PROCEEDINGS THAT MAY ARISE THROUGH YOUR USE OF THE APPLICATION OR FROM ANY BREACH OF THESE TERMS OF USE BY YOU.
5. WE WILL NOTIFY YOU OF ANY SUCH CLAIMS OR PROCEEDINGS AND KEEP YOU INFORMED AS TO THE PROGRESS OF SUCH CLAIMS OR PROCEEDINGS.
6. NOTHING IN THESE TERMS OF USE AFFECTS YOUR STATUTORY RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015.
7. TERMINATION
1. We may remove the Application or cease providing any of the features, games or services provided via the Application at any time in Our absolute discretion for any reason whatsoever.
2. You may uninstall the Application from Your device at any time.
3. Neither Clause 10.1 nor Clause 10.2 will affect the accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.
8. DATA PROTECTION AND PRIVACY
We will only use any personal information that We may collect about You in accordance with Our Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our Privacy Policy.
Link to privacy policy https://www.freeprivacypolicy.com/privacy/view/e000dbe31c4f2e366b8d69eb056d8679
9. GENERAL
1. Any failure or delay by Us to enforce any of Our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.
2. These Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
3. If any Clause or part of a Clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
4. These Terms of Use and the Privacy Policy set out the full extent of Our obligations and liabilities concerning the Application and the services We provide via the Application and replace any previous agreements and understandings between Us and You.
5. Subject to Clause 9.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.
6. These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and You and Us each irrevocably agree to submit to the exclusive jurisdiction of the English courts.