Welcome to SimplyDictate and the website of SimplyDictate ("the Site").
Before you register for your SimplyDictate account you must read and agree to these
Terms and Conditions of Use and the following terms and conditions and policies,
including any future amendments (collectively, the "Agreement"). These
include the SimplyDictate Terms of Use, any applicable Terms of Service or End User
License Agreement, the SimplyDictate Privacy Policy.
If major changes are made to this Agreement and Policies, we may choose to notify
you via your SimplyDictate email address; however, you should return to this page
from time to time to review the Agreement. SimplyDictate may, in its sole discretion,
modify or revise these terms and conditions and policies at any time, and you agree
to be bound by these modifications or revisions. If you do not accept and abide
by this Agreement, you may not use the SimplyDictate service.
In the event of an
inconsistency between the Terms of Use, Terms
of Service and the Privacy Policy (available at
Click Here) or the SimplyDictate Program Policies, the SimplyDictate
Terms of Use shall prevail.
Please read the following Terms of Use carefully before using this Site or ordering/downloading
any of our products, so that you are aware of your legal rights and obligations
with respect to SimplyDictate and its affiliates (individually and collectively,
"SimplyDictate"). By using the Site, software or other products, you signify
your irrevocable acceptance of these Terms of Use. You also agree to ensure that
anyone who uses this software on your computer also abides by the Terms of Use.
SimplyDictate has the right to revise the Terms of Use at any time without providing
notice to its users. Your continued use of the Site shall be deemed irrevocable
acceptance of those revisions. We reserve the right to change, modify, suspend or
discontinue any portion of the Site at any time. We may also impose limits on certain
features or restrict your access to parts or the entire Site without notice or liability.
Privacy
Your privacy is very important to us at SimplyDictate. To better protect your rights
we have provided the SimplyDictate Privacy Policy to explain our privacy practices
in detail. It can be found at (Click Here).
Our site has an SSL security certificate.
Warranties and Disclaimers
SimplyDictate disclaims any responsibility or liability for any fees, expenses or
other charges you may incur from 3rd parties from using the service, including phone
service charges, internet access charges, text messaging charges, or otherwise.
SimplyDictate disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the SIMPLYDICTATE SERVICES. SimplyDictate disclaims
any responsibility for the deletion, failure to store, misdelivery, mistranslation
or mistranscription, or untimely delivery of any information or material or of any
recordings sent to SimplyDictate; SimplyDictate disclaims any responsibility for
any harm resulting from downloading or accessing any information or material on
the Internet through the SIMPLYDICTATE SERVICES. Except as expressly provided otherwise
in a written agreement between you and SimplyDictate,
The SimplyDictate services, and all materials, downloads, information, products
and services included in the SimplyDictate services are provided "as is,"
with no warranties whatsoever. SimplyDictate expressly disclaim to the fullest extent
permitted by law all express, implied, and statutory warranties, including, without
limitation, the warranties of merchantability, fitness for a particular purpose,
and non-infringement of proprietary rights. SimplyDictate disclaim any warranties
regarding the security, reliability, timeliness, and performance of the SimplyDictate
services. SimplyDictate disclaim, any warranties for any information or advice obtained
through the SimplyDictate services. SimplyDictate disclaim any warranties for services
or goods received through or advertised on the SimplyDictate services or received
through any links provided by the SimplyDictate services, as well as for any information
or advice received through any links provided in the SimplyDictate services. You
understand and agree that you download or otherwise obtain material or data through
the use of the SimplyDictate services at your own discretion and risk and that you
will be solely responsible for any damages to your computer system or loss of data
that results from the download of such material or data. Some Countries outside
of the UK and or other jurisdictions do not allow the exclusion of implied warranties,
so the above exclusions may not apply to you. You may also have other statutory
rights that vary from Country to Country or state to state and jurisdiction to jurisdiction.
Under no circumstances shall SimplyDictate or its licensors be liable to any user
on account of that user's use or misuse of or reliance on the SimplyDictate
services arising from any claim relating to this agreement or the subject matter
hereof such limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether such
claim is based on warranty, contract, tort (including negligence), or otherwise,
(even if SimplyDictate or its licensors have been advised of the possibility of
such damages). Such limitation of liability shall apply whether the damages arise
from use or misuse of and reliance on the SimplyDictate services, from inability
to use the SimplyDictate services, or from the interruption, suspension, or termination
of the SimplyDictate services (including such damages incurred by third parties).
This limitation shall also apply with respect to damages incurred by reason of other
services or goods received through or advertised on the SimplyDictate services or
received through any links provided in the SimplyDictate services, as well as by
reason of any information or advice received through or advertised on the SimplyDictate
services or received through any links provided in the SimplyDictate services. This
limitation shall also apply, without limitation, to the costs of procurement of
substitute goods or services, lost profits, or lost data. Such limitation shall
further apply with respect to the performance or non-performance of the SimplyDictate
services or any information or merchandise that appears on, or is linked or related
in any way to, the SimplyDictate services. Such limitation shall apply notwithstanding
any failure of essential purpose of any limited remedy and to the fullest extent
permitted by law. Some jurisdictions do not allow the exclusion or limitation of
liability for incidental or consequential damages, so the above limitations and
exclusions may not apply to you.
Without limiting the foregoing, under no circumstances shall SimplyDictate or its
licensors be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
Term of Use
The license for use of the SimplyDictate service is effective until terminated.
At termination we will destroy any files left on your account. This license will
terminate upon conditions set forth elsewhere within this Terms of Use or if you
fail to comply with any term or condition of this Terms of Use. In such event, no
notice shall be required by SimplyDictate to effect such termination. Upon termination
of this Terms of Use, we will close your account an immediately destroy all files
on the account.
Web Site
Links
SimplyDictate may provide links to other sites that we feel are relevant and interesting
to our users ("Link Sites"). SimplyDictate is not responsible for the
content on the Link Sites and is not responsible for the accuracy of the information
and intellectual property notices therein. Some of these Link Sites may provide
you with opportunities to purchase products ("Products"). We do not endorse
any of the Products nor do we make any representations or warranties in connection
with the Products.
Submissions
Certain parts of the Site may ask for written suggestions or problem reports such
as using our contact form or problem report form ("Submissions"). In such
a case, please read carefully the specific terms, which govern those Submissions.
In the absence of Additional Terms, the SimplyDictate Terms of Use shall govern
your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of SimplyDictate. SimplyDictate shall
exclusively own all now known or hereafter existing rights to the Submissions throughout
the universe in perpetuity and shall be entitled to use the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the provider
of the Submissions. In any event, any Submissions you send to SimplyDictate will
not be treated as confidential and SimplyDictate shall not be liable for any disclosure
of the Submissions.
Accounts and Security
As part of the registration process, you will be asked to create a password ("Password")
and Email address ("Email "). You shall provide SimplyDictate with accurate,
complete, and updated Account information. Failure to do so shall constitute a breach
of this Terms of Use, which may result in immediate termination of your Account.
You may not (i) select or use a Email of another person with the intent to impersonate
that person; or (ii) use a Email belonging to the any other person without authorization.
You shall notify SimplyDictate of any known or suspected unauthorized use(s) of
your Account, or any known or suspected breach of security, including loss, theft,
or unauthorized disclosure of your password. You shall be responsible for maintaining
the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your Account, at SimplyDictate's sole discretion, and you may be reported
to appropriate law-enforcement agencies.
Notification of Copyright Infringement
SimplyDictate will investigate any notices of copyright infringement it receives
or becomes aware of and take appropriate actions. If you believe that your account
has be compromised or copied in a way that constitutes copyright infringement and
such infringement is occurring on this Site or on sites linked to from this Site,
please notify SimplyDictate.
A notification of claimed infringement must be a written communication addressed
to the designated agent as set forth below, and must include substantially all of
the following:
- a physical or electronic signature of the person authorized to act on behalf of
the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed
("infringed work") and identification of what material in such work(s)
is claimed to be infringing ("infringing work") and which you request
to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located on the
Site;
- information sufficient to permit SimplyDictate to contact you, such as your physical
address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material
identified in your Notice in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty
of perjury that you are the copyright owner or authorized to act on the copyright
owner's behalf.
For Notice of claims of copyright infringement, SimplyDictate can be reached by
our site contact form.
Jurisdictional Issues
This Site is controlled and operated by SimplyDictate. SimplyDictate makes no representation
that any materials on our Site are appropriate or available for use in your location.
Anyone choosing to access the Site from any location do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws
are applicable.
Indemnity
You agree to indemnify and hold SimplyDictate, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post to or transmit through the Site,
your use of the Site, your connection to the Site, your violation of the Terms of
Use, or your violation of any rights of another person or entity.
Copyright
All content and compilation of content included on SimplyDictate's website,
such as text, graphics, logos, button icons, images, audio clips, digital downloads
and software, is the property of SimplyDictate and is protected by UK and international
copyright laws.
If you have any questions or concerns about this Terms of Use or any issues raised
in this Terms of Use or on the Site, please contact us at SimplyDictate.com.