Terms of Use

Welcome to transcriptionpanda.com. The transcriptionpanda.com website (the “Site”) is comprised of various web pages operated by SJM Ventures LLC (“TranscriptionPanda”). Your use of the Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By using the Site, you are agreeing to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

TranscriptionPanda will offer a variety of services including but not limited to audio transcription, captioning, proofreading, editing, data entry, and translation.

Eligibility

This Site is intended for users who are 18 years of age or older. TranscriptionPanda does not knowingly collect, either online or offline, personal information from persons under the age of eighteen.

Privacy

Your use of transcriptionpanda.com is subject to TranscriptionPanda’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

TranscriptionPanda communicates with its clients and users via electronic communications, like email. You consent to receive such electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

transcriptionpanda.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TranscriptionPanda and TranscriptionPanda is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TranscriptionPanda is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TranscriptionPanda of the site or any association with its operators.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use transcriptionpanda.com strictly in accordance with these terms of use.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TranscriptionPanda or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TranscriptionPanda content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TranscriptionPanda and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TranscriptionPanda or our licensors except as expressly authorized by these Terms.

No Unlawful Uses/Code of Conduct

As a condition of your use of the Site, you warrant to TranscriptionPanda that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).

When you use the Communication Services, or any other aspect of the Site, you agree that you will not do any of the following:

Register for more than one account, or register for an account on behalf of an individual other than yourself.
Post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law.
Post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, defamatory, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.
Post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation.
Harass, stalk, threaten or otherwise violate the legal rights of others.
Use the information or content on our Site to send unwanted messages to any other user.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Post or otherwise make publicly available on the Site any personal or financial information of any third party.
TranscriptionPanda has the right, but no obligation to monitor the Communication Services and to remove any materials in its sole discretion. TranscriptionPanda reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TranscriptionPanda does not control or endorse the content, messages or information found in any Communication Service and, therefore, TranscriptionPanda specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TranscriptionPanda spokespersons, and their views do not necessarily reflect those of TranscriptionPanda.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

You are solely responsible for the content and information you make available through or in connection with our products and services.

We will not be responsible for any errors or omission in any information or content posted by a user.

Your License to Us

TranscriptionPanda does not claim ownership of the materials you provide through the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting TranscriptionPanda, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, privately display, privately perform, reproduce, edit, translate and reformat your Submission. All uploaded files are kept strictly confidential within TranscriptionPanda’s official staff and in some cases its pre-approved and qualified freelance transcriptionists that have signed strict non-disclosure agreements prior to receiving any information. TranscriptionPanda reserves the right to publish your name (first name and first initial of last name) and comments in connection with reviews or feedback that you provide through email or surveys sent from the Company.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You may be able to connect your TranscriptionPanda account to third party accounts (e.g. Dropbox). By connecting your TranscriptionPanda account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Site is controlled, operated and administered by TranscriptionPanda from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. Accessing materials on this Site by certain persons in certain countries may not be lawful, and TranscriptionPanda makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. You agree that you will not use the TranscriptionPanda Content accessed through TranscriptionPanda on any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TranscriptionPanda, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TranscriptionPanda reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TranscriptionPanda in asserting any available defenses.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TranscriptionPanda and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if TranscriptionPanda or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the site.

You acknowledge and agree that TranscriptionPanda is not a financial institution, credit card provider or other service provider. You acknowledge and agree that TranscriptionPanda is solely an intermediary between you and such service providers and, therefore, TranscriptionPanda expressly disclaims any and all liability for any content, products or services provided by such service providers.

If you believe that any material on the Site infringes upon any copyright that you own or control, you may email us at support@transcriptionpanda.com. In your notification please:

confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
identify the copyrighted work or works you claim has been infringed;
identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material;
provide your contact details, including an email address; and
provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

No Warranty; Errors

The Site and our products and services are provided “as is” and without any representation or warranty, whether express, implied or statutory. TranscriptionPanda, our officers, directors, agents, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaim liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site or any of our services, and the operation of the Site may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Site and/or our products and services.

Termination/Access Restriction

TranscriptionPanda reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Changes to Terms

TranscriptionPanda reserves the right, in its sole discretion, to modify or terminate the Site and to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. TranscriptionPanda encourages you to periodically review the Terms to stay informed of our updates.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TranscriptionPanda as a result of this agreement or use of the Site. TranscriptionPanda’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TranscriptionPanda’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TranscriptionPanda with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TranscriptionPanda with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TranscriptionPanda with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

TranscriptionPanda welcomes your questions or comments regarding the Terms:

SJM Ventures, LLC
support@transcriptionpanda.com

Effective as January 1, 2019

Terms of Use

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