WebOutLoud

Terms of Service

Thank you for using Web Out Loud! These Terms of Service (the "Terms") govern your access to and use of Bret W. Lester's ("I" or "my" or “me”) websites and services (the "Services"), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Bret W. Lester and are not barred under any applicable laws from doing so. The Services may continue to change over time as I refine and add more features. I may stop, suspend, or modify the Services at any time without prior notice to you. I may also remove any content from the Services at my discretion.

Premium Membership

Premium subscribers have access to "HD" Voices from Amazon Polly and/or Google Cloud hereto referred to as HD Providers. HD Providers charge by the character. In other words, the HD providers charge in proportion to the amount consumed (pay-as-you-go.) However premium subscribers are charged a recurring monthly fee which is incompatible with the HD Provider's pay-as-you-go model. Our solution to this is reserving the right to limit the number of characters that a subscriber can consume per month although we may not invoke this right if the cumulative consumption of characters by all users remains at an acceptable (profitable) level.

Your Content & Your Privacy

By using my Services you may provide various forms of digital information that you submit to Bret W. Lester (together, "your content"). You retain full ownership to your content. I don't claim any ownership to any of it. These Terms do not grant me any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

I may need your permission to do things you ask us to do with your content, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices I make to technically administer our Services, for example, how I redundantly backup data to keep it safe. You give the permissions needed to do those things solely to provide the Services. This permission also extends to trusted third parties I work with to provide the Services, for example Apple, which provides storage for accessing your content on multiple devices (again, only to provide the Services).

To be clear, aside from the rare exceptions I identify in our Privacy Policy, no matter how the Services change, I won't share your content with others, including law enforcement, for any purpose unless you direct me to. How I collect and use your information generally is also explained in my Privacy Policy.

You are solely responsible for your conduct, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

I may choose to review public content for compliance with our community guidelines, but you acknowledge that I have no obligation to monitor any information on the Services. I am not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing Your Content

The Services provide features that allow you to share your content with others or to make it public. There are many things that users may do with that content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Bret W. Lester has no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Bret W. Lester, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Bret W. Lester, are responsible for maintaining and protecting all of your content. Bret W. Lester will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age and you have not received permission to use the services by a parent or guardian. By agreeing to these Terms, you are representing to us that you are over 13 or have received permission to use the Services by a parent or guardian.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Bret W. Lester of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Bret W. Lester, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Some use of the Services requires you to download a client software package ("Software"). Bret W. Lester hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates my intellectual property rights. I hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

Copyright

Bret W. Lester respects others' intellectual property and asks that you do too. I will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. I reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

Other Content

The Services may contain links to third-party websites or resources. Bret W. Lester does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if I provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

You can stop using my Services any time. I reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, I may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If I suspend or terminate your use, I will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where I may suspend immediately.

Web Out Loud is Available "AS-IS"

Though I want to provide a great service, there are certain things about the service I can't promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. I ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Bret W. Lester will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Bret W. Lester, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Bret W. Lester HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO Bret W. Lester FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modification of Terms

I may revise these Terms from time to time and the most current version will always be posted on my website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Dispute Resolution

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Bret W. Lester. In the unlikely event that Bret W. Lester has not been able to resolve a dispute it has with you after 60 days, I each agree to resolve any claim, dispute, or controversy (excluding any company claims for injunctive or other equitable relief) arising out of or in connection with or relating to your access to and/or use of the Services, these Terms of Use or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Sacramento County, California, unless you and Bret W. Lester agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Bret W. Lester from seeking injunctive or other equitable relief from the courts as necessary to protect any of Bret W. Lester’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS I AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Bret W. Lester ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Miscellaneous

These Terms constitute the entire and exclusive agreement between you and Bret W. Lester with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Bret W. Lester's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting my intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Bret W. Lester may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Bret W. Lester and you are not legal partners or agents; instead, our relationship is that of independent contractors.