iScript provides a service whereby we convert scripted material into our products, which are downloadable audio files in various formats, a burned copy of the material on a CD or any other means for you to listen to. We DO NOT provide a dramatization of any material. The readers we utilize are purely for the recordation of the material only. Nothing we do is to be construed as a dramatic work in any form whatsoever. We may however in the future allow you to request a specific reader at some point. We will let you know when that happens. Until then, we will digitize according to reader availability only.
1. WE MAY MODIFY OUR TERMS OF USE AND PROBABLY WILL We reserve the right to change these Terms of Use without any notice to you. You are responsible for reviewing these Terms of Use and our Privacy Policy each time you use iScipt.com. Each time you access iScript.com, you agree to the terms of service in effect at the time of accessing the website. By logging into the iScript.com website, you also are accepting the Privacy Policy and Submission Release and Waiver in effect at the moment you choose to enter our site by navigating and selecting user options we offer. The Privacy Policy and Submission Release and Waiver can be found in its entirety by clicking on the link for PRIVACY POLICY or SUBMISSION RELEASE AND WAIVER which may be found on any page while navigating the iScript.com website.
2. THE PRIVACY POLICY iScript.com works in association with writers to offer you the products and services made available under the iScript trademark. The writers material is offered to you in various formats that you choose via downloadable digitized data that may be placed by you on an MP3 Player, iPod or other similar device, may be burned onto a CD or by other electronic means known and not presently known that we may choose to make available as a means of offering you our product. We will provide you via email with a link to access the vocally digitized data once you have made payment through credit card, EFT or other iScript.com approved means of payment. You are responsible for providing a secure, personal email address for the delivery of the link to the product you purchase. You are buying the right to listen to the audio version of the script or writing we make available via our website. You may not resell, copy, burn or use the product for any reason other than for your personal use. The service we offer and the product we sell creates a licensor-licensee relationship between you and iScript and under this legal relationship, you agree in advance to use the product only for personal non-monetary gain and never for monetary gain in any form including but not limited to personal monetary gain, third-party monetary gain, or any other monetary gain in any form whether currency or barter or anything else of value for you or another.
3. THIRD-PARTY WEBSITES We may offer links to third-party websites for any reason. When you click on these website links at iScript.com, you leave our site and become subject to rules of the terms of use governed by the third-party sites. The use of information collected by the operators of those sites are governed by the terms of use and privacy policies they establish and shall (you were waiting for that first shall, we know you were) not be construed as an endorsement by iScript.com of the terms of use of the third-party sites you access from a link on our website. The links are made available only as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by iScript.com of the operator of such site or any association between iScript.com and such operator. Any purchase or other commerce found on another site that you choose to buy or establish any relationship with is between you and any third party in connection with a third-party site, including the delivery of and payment for goods and services and any other terms of use including but not limited to their conditions, warranties or representations associated with such purchases or commerce. These are solely between you and the operator of such site. iScript.com will not be responsible or liable for anything you do whilst (British English, more official) charging up your credit card on any of these sites.
4. USE OF SERVICES You agree you will not use the iScript.com website, including our products and services, for any unlawful purpose. Since we are a website that can be accessed from anywhere in the world, what we mean here is if it is unlawful where you would be subject to the jurisdiction of a court of law then you agree to not use our website for anything that would be considered unlawful wherever that is. This shall be construed broadly and apply to any manner or for any purpose which is prohibited by these Terms of Use or prohibited in the place you are accessing the iScript.com website. In using the iScript.com website, including the products and services, you agree you will not access or attempt to access any service or content which you are not authorized to access, use or attempt to use another's account, password, service or system without authorization from iScript. Additionally you warrant you will not do anything that intentionally interferes with the iScript.com website that would cause any of our users, programmers or servers to be disrupted in anyway, or cause or disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through our site or upload or transmit any viruses, Trojan Horses or other harmful, disruptive or destructive files.
5. NOTICE OF COPYRIGHT ISSUES You will not upload or otherwise make available files that contain material protected by any intellectual property laws, including, without limitation, copyright or trademark protected documents whether registered with a government agency or not unless you own or control the rights or have received all necessary consents from those that do have the rights. iScript shall abide by the United States Copyright Office suggested practice by placing a © notice online notifying you that the material downloaded from iScript.com is copyright protected. Although we are not required do this, we want you to know that the original scripted or written material is protected under the Copyright laws of the United States and additionally are subject to the Berne Convention. Any copyright infringement will subject you to the Copyright Law of the United States of America § 504 and Related Laws Contained in Title 17 of the United States Code including all remedies and damages to the maximum extent allowed by law. iScript shall abide by the rules promulgated by the the Copyright Law of the United States of America § 512. Limitations on liability relating to material online and shall be protected by the innocent infringement exception of section 504(c)(2) of the Copyright Law of the United States of America.
6. LICENSE TO iSCRIPT.COM You hereby grant iScript.com the right to vocally digitize the written materials or files that you upload using our service to transcribe your written words into voice, only for the purpose of operating the iScript.com website. iScript claims will not be made or shall not be construed as ownership of any script, dialogue, scenarios, characters or any other defined feature or manifestation of idea in written form that is submitted by a writer to be digitized using the iScript.com website. You warrant and represent that you are the copyright owner of such files or the copyright owner of such files has granted you permission to use the files and you have the rights necessary to grant the licenses and sublicenses described herein.
7. NO WARRANTY All services on iScript.com are provided to you on an as is basis without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. iScript.com makes no warranty that the products and services will meet your requirements or that the products and services will be uninterrupted, timely, secure, or error-free. Additionally, iScript.com does not warranty the quality of any products or that the services will meet your expectations or that any errors in using the products and services, or any defects in the products and services, will be corrected. The iScript.com website and the products and services could include technical or other mistakes, inaccuracies or translation errors. iScript may make changes to the iScript.com website and the products and services, including the prices and descriptions of any products, at any time without notice. For the products and services regarding any script we digitize at iScript.com, iScript makes no commitment to update such services or materials. The use of the products and services is made at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. iScript.com assumes no liability for any computer virus or other malicious destructive code that we are unaware of that is downloaded to your computer in connection the iScript.com website or products and services. No advice or information, whether oral or written, obtained by you from iScript.com will create any warranty not expressly stated in these Terms of Use.
Some States or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
8. OUR LIABILITY LIMITED iScript.com will not be subject to any negligence claim, nor will iScript.com parent company, iScript.com, LLC, its agents, officers, directors, employees, partners or suppliers be liable to you or any third party for any damages whatsoever, including, without limitation, special, punitive, incidental, indirect or consequential damages of any kind, or those resulting from loss of use of our product or your electronic device including but not limited to your computer, MP3 player or similar device and any other electronic device you use to listen to our products, or loss of data, whether or not iScript.com has been advised of the possibility of such damages. These exclusions apply on any theory of liability, arising out of or in connection with the use of or the inability to use the iScript.com website or the materials and services as applied by the governing law. iScript.com is not responsible for any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files or other content, any services available through the iScript.com website that are delayed or interrupted. iScript.com will have no liability related to your files containing materials arising under laws of copyright, libel, privacy, obscenity or otherwise. These waivers shall survive any termination of the iScript website and iScript.com. products and services. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
9. INDEMNITY AND LIABILITY You agree to indemnify and hold iScript.com, and its parent company, iScript.com, LLC and other partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the iScript.com website products and services or if you violate any of the iScript.com Terms of Use or you violate any law that gives rise to liability by your actions.
10. CALIFORNIA CIVIL CODE §1542 WAIVER You agree to waive §1542 that states in total, a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. You warrant that you understand this waiver and that if you do not understand this waiver, you should seek the advice of a qualified attorney to counsel you before you use the iScript.com website. By accepting our Terms of Use, you accept this waiver.
11. CHOICE OF LAWS These Terms of Use shall be governed by the laws of the State of California if a license to the iScript.com service or purchase is made in the United States, Canada, or Mexico. The courts of competent jurisdiction shall be the courts of Los Angeles County, California. These Terms of Use will not be governed by what is known as the conflict of law rules of any jurisdiction and any courts that may exert any other convention or codification of law that may claim jurisdiction in any form are expressly excluded herein.