Terms of Service
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Last Updated on: July 13th, 2009

Thank you for choosing MyCaption.com, Inc ("MyCaption"). This document defines the terms and conditions under which MyCaption authorizes you to use this service.

Basic Terms

  1. You must be 13 years or older to use this site.
  2. You are responsible for any activity that occurs under your screen name.
  3. You are responsible for keeping your password secure.
  4. You are solely responsible for your conduct and any message that you speak to MyCaption service.
  5. You must not modify, adapt or hack MyCaption.com or modify another website so as to falsely imply that it is associated with MyCaption.com .
  6. You must not, in the use of MyCaption, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. A "message" is defined as any type of spoken service Mycaption offers, including but not limited to, Emails, Memos, Tasks, Calendar entries and Notes to Contacts.

Violation of any of these agreements will result in the termination of your MyCaption account. While MyCaption prohibits such conduct and content on its site, you understand and agree that you use the MyCaption.com service at your own risk.

General Conditions

  1. We reserve the rights to modify or terminate the MyCaption.com service for any reason, at any time, without notice. This covers all offers of MyCaption, inclusive of but not limited to, the free trial, monthly and/or flex plans, as well as all the plans offered under referral schemes, if any.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  5. We reserve the right to change the pricing and plans of MyCaption accounts and billing at any time. Fot the cutsomers having a Pay As You Go plan, the new rates will be in practice immediately. In Subscription plan, the customers will be required to pay as per the new rates with the beginning of the following monthly billing cycle.
  6. MyCaption BlackBerry applications are to be used only for BlackBerry Operating System version 4.2.1 or higher.

No Warranties

THE MyCaption SERVICE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR SUPPORT. MyCaption HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ITS SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, MyCaption SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO SECURITY, PERFORMANCE, SPEECH RECOGNITION ACCURACY, OR RELIABILITY OF THE MyCaption SERVICE.

MyCaption will use commercially reasonable efforts to respond to technical support requests. We make no claims as to response time, or whether a response will be offered. MyCaption makes no representation as to the suitability of the service for any purpose, and shall not be held liable in any way for any consequences or damages that may arise through its purchase, download or use.

You agree that you use the MyCaption service at your own discretion and risk, and that you are solely responsible for any and all harm and damages incurred through using our service and through downloading, installing, and using the MyCaption application. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state.

Not for Use While Driving:

Using MyCaption while operating any motor vehicle may be unsafe and/or illegal, and is strictly prohibited under the terms of this agreement. By downloading this application, you acknowledge and accept these terms.

Not for Emergency Use:

You acknowledge and agree that MyCaption is neither intended nor suitable for emergency use, and that you will not use it for emergency purposes.

Speech Recognition Results

The Service is designed to return the text that it thinks you spoke. Both humans and automated speech recognition systems such as the Mycaption service will misunderstand or misrecognize what people say from time to time. It is your responsibility to verify that the results obtained from the MyCaption service are accurate. Occasionally, it may be possible for the MyCaption service to misrecognize words you speak and return content that you may find objectionable. MyCaption shall assume no liability whatsoever with respect to the failure to correctly recognize any spoken utterances provided to the MyCaption service.

Lawful Purpose

You may use the MyCaption service only for lawful purposes. You are responsible for compliance with all federal, state, and local law applicable to your use of the service, whether you use it from the United States or any other country.

International Use

Whether you use the MyCaption service from within the United States or any other country, you agree to comply with all local laws, rules, and practices regarding conduct and content. You also agree to comply with all applicable export laws regarding the transmission of technical data exported from the United States or any other country in which you access or use the service.

Changes and Termination of Service and Terms of Service

MyCaption reserves the right to modify or terminate MyCaption service, or modify these Terms of Service, at any time without notice, for any reason and without any liability to you. Please review the current version of these terms of service from time to time to keep up to date on any changes.

Termination

You acknowledge that MyCaption reserves the right to modify or terminate service at any time, without liability. If we terminate the service, your ability and right to use the service will both terminate at that time.

Copyright

We claim no intellectual property rights over the material you provide to MyCaption service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account.

At the same time, you acknowledge that MyCaption owns all right, title and interest in and to the service, including without limitation all intellectual property, and such rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from MyCaption service.

Miscellaneous

The BlackBerry® and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited. All other trademarks and registered trademarks appearing on this website are the property of their respective owners.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE SUBMIT BUTTON AND/OR CONTINUING TO INSTALL THE MyCaption SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MyCaption THE RIGHTS SET FORTH HEREIN.

These Terms and Conditions and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the State of California.