NARRATOR

TERMS OF USE
April 20, 2018

These Terms of Use (the "Terms") govern your relationship with Narrator Inc., its subsidiaries and affiliates (collectively "Narrator" or "we") and set forth the terms and conditions under which Narrator makes available its mobile device application (the "App") and smart speaker skill (the "Skill") and website (the "Website", and together with the App and Skill, the "Platform")) and/or the services available through the Platform or otherwise provided by Narrator (the "Services"), to each person (the "User" or "you”) accessing or using the Platform and/or the Services.

These Terms apply to the use of the Services and/or the Platform, through any end device (such as cellular phones, tablets, smart speakers, PDA, car consoles, etc.). By using the Services and/or downloading the Platform, you hereby agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully before downloading the Platform and using the Services and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the Platform from your device and discontinue any use of the Services. As long as you do not cease using the Services, you will be conclusively deemed to have accepted these Terms.

  1. THE SERVICES

    1. Narrator provides a unique social network that allows you to upload, post and listen to audio content, post comments and follow and interact with other users through writing and other communication channels and other features.

    2. In order to register to the Services, you will be requested to create a profile on the Platform, and provide certain Personally Identifying Information (as defined below), such as name, email address, nickname, photo, gender, etc. Please note that while you are not obligated to provide Narrator with any personal details, without certain information some or all of the Services may not be available to you.

    3. You will also be requested to select a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party.

    4. By registering to the Platform, you warrant and represent that any information provided by you at the time of registration and afterwards, including your identity, is valid, truthful, complete and accurate, and you agree to ensure that such information is kept up to date. You will not use false identity, impersonate any other person or use a name or photo that is not yours to use.

    5. You acknowledge and agree that you are solely responsible for any use of your account and all activities occurring in connection with the use of your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

    6. Narrator may, in its sole discretion, refuse to offer access to or use of the Platform and Services to any user, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions. Narrator may terminate your account immediately and without prior notice if you do not comply with these Terms or if we believe your participation or use of the Platform or Services does not comply with any applicable laws. 

    7. Please note that third party advertisements may appear on the Platform and Services from time to time. Narrator does not endorse these advertisements, nor do such advertisements represent any recommendation provided by Narrator.

    8. In addition, the Platform may contain links to websites or applications maintained by third parties, which are not governed by these Terms. Narrator is not responsible for the policies or practices of third parties. You should review the applicable terms of use and privacy policies of any third parties.

  2. OWNERSHIP

    1. Any content or information displayed, available or presented on the Platform and/or Services, which is not User Content (as defined below), including, without limitation, any of Narrator's logos, trademarks, graphics, designs, information, software, texts, images, data and any other materials, are the copyrighted and/or trademarked work of Narrator and/or Narrator's affiliates and/or licensors.

    2. As between Narrator and Users, except for User Content, Narrator retains all rights, including any and all intellectual property rights in all the content provided on and through the Platform and/or Services, which is protected by applicable intellectual property laws. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content provided on and through the Platform and/or Services in any manner.

  3. USER GENERATED CONTENT

    1. A User is solely responsible for any content uploaded, submitted, transmitted, distributed, posted, delivered or shared through the Platform and/or Services by such User, including without limitation any audio file, text, images, information, photographs, graphics, videos or other messages or information (collectively, "User Content"), and for the consequences of distributing, posting or publishing it through the Platform.

    2. Without derogating from the above, by uploading any User Content to the Platform or Services, you hereby represent and warrant that your User Content (i) does not infringe any third party's rights, including any privacy rights, patent, trademark, trade secret, copyright, or other intellectual property right of any party; (ii) is not unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, promotes any unlawful activities such as gambling and/or pornography, hateful, or racially, ethnically or otherwise objectionable.

    3. Any User Content you publish or share through the Platform will be viewed/heard by other Users, and is deemed non-confidential. Narrator shall not be responsible for any personal content, or Personally Identifiable Information, you choose to submit or share through the Services, and you are solely responsible to protect your privacy by what you decide to publicly share with others through the Platform. You should share User Content with discretion and in accordance with these Terms.

    4. While Narrator does not retain ownership of any User Content, by uploading or sharing any User Content through the Platform, you hereby grant Narrator and its affiliates, sublicensees, partners, designees, and assignees an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable and worldwide license to use such User Content in connection with the Platform and/or Services, in any way Narrator's deems fit, including without limitation, the right to copy, edit, transmit, reproduce, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, share, encode, modify and adapt, and/or otherwise exploit your User Content including your trademarks and logos included therein in connection with the Service and/or the Platform, including for business purposes, such as advertising, marketing and promotions, in any form or media now known or hereinafter developed; and you hereby warrant to Narrator and represent that you have the right to grant such license for such purposes.

    5. You acknowledge that any and all User Content, does not originate from Narrator, and Narrator does not guarantee or warrant in any way that such content will be suitable, complete, accurate, of high quality, or compatible with your expectations. Notwithstanding the foregoing, Narrator may, but is not obligated to review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that Narrator, in its sole discretion, considers being non-compliant with any of the requirements of these Terms.

    6. Narrator reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Platform or through the Services. Narrator shall not be liable for any purging, deletion or failure to retain any such User Content.

    7. By using the Platform and/or Services, you hereby acknowledge and agree that you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or infringing. You further acknowledge that Narrator will not be responsible to any damages arising in connection with such User Content. In case you encounter any such content, you may and are encouraged to report such content to us by using the "Report" function on the App.

    8. Without derogating from the above, if you believe your rights in your copyright protected work are infringed by a User posting such work on the Platform, you may submit a copyright infringement notification ("Infringement Notification") to narratorapp@gmail.com.

    9. An Infringement Notification may only be submitted by the owner of the copyrighted work allegedly infringed or such owner's authorized agent. We strive to address all Infringement Notifications in a timely manner. An Infringement Notification should include the following information:

      1. Identification of the (i) copyrighted work/s claimed to have been infringed and (ii) allegedly infringing content on the Platform, and information reasonably sufficient to permit Narrator to locate such content;

      2. sufficient contact information of the person submitting the Infringement Notification, including, at least, full name and email address; 

      3. A statement by the person submitting the Infringement Notification that he/she has a good faith belief that the allegedly infringing content infringes such person's copyrights in their protected work/s and that the information provided in the Infringement Notification is accurate and full in all material respects.

    10. Upon receipt of an Infringement Notification, we will review the relevant materials and may, at our sole discretion, remove any content established to be infringing content, from the Platform, and/or block, suspend, or delete the Narrator account of the infringing party.

    11. An Infringement Notification should only be submitted in good faith. Misuse of the notification process may result in suspension or removal of an account of a User submitting Infringement Notifications in bad faith, and/or other legal consequences.

  4. RESTRICTIONS
    In connection with your use of the Platform and/or the Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:

    1. Submit, upload, post, share or otherwise distribute User Content which does not comply with these Terms or applicable law.

    2. Modify the Platform, or attempt to decompile, reverse-engineer, disassemble, or otherwise, directly or indirectly, disrupt or interfere with the Platform and/or the Services, servers or networks connected to the Platform;

    3. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Platform, other Users' User Content and/or the Services; 

    4. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Platform or Services;

    5. Create a database by systematically downloading and storing all or any content from the Platform, including User Content, or otherwise systematically downloading content from the Platform, including User Content; 

    6. Use the Platform for any illegal, immoral or unauthorized purpose, in a way which may encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

    7. Create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;

    8. Attempt to restrict another user from using or enjoying the Service;

    9. Submit, upload, post, share or otherwise distribute User Content that comprises or includes any "junk mail", "spam" or disrupts with repetitive messages.

  5. WARRANTY DISCLAIMERS

    USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. NARRATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE PLATFORM AND/OR THE SERVICES (INCLUDING ANY CONTENT, USER CONTENT, INFORMATION, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

    Narrator does not guarantee continuous, uninterrupted access to the Platform, and operation of the Platform and/or Services may be interfered with by numerous factors outside our control, as well as for performing maintenance of the Platform and/or the Services. Narrator shall not be liable for any damages arising in connection with such failures, and from any delays, interruptions, service failures and other problems inherent in use of the internet or electronic communications or other systems not controlled by Narrator.

  6. LIMITATIONS OF LIABILITY

    NARRATOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NARRATOR IS TO DISCONTINUE YOUR USE OF THE PLATFORM. NARRATOR AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN OR IF NARRATOR HAD BEEN ADVISED OF THE POSSIBILITY THEREOF) ARISING FROM YOUR USE OF THE PLATFORM AND/OR SERVICES, OR FROM USE OF ANY USER CONTENT PROVIDED BY YOU OR TO YOU, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, NARRATOR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, NARRATOR WOULD NOT BE ABLE TO OFFER THE PLATFORM OR THE SERVICES.

  7. PRIVACY POLICY

    Your use of the Platform and/or the Services is governed by Narrator's Privacy Policy as specified in this Section (the "Privacy Policy"). Narrator is committed to your right to privacy. If you choose to use, register or submit information to the Platform and the Services, you agree to the use of such data in accordance with this Privacy Policy. You may not use the Platform or the Services or submit any information to Narrator if you do not agree to any of the terms hereunder.

    As above mentioned, the Platform may contain links to other websites and apps maintained by third parties, which are not governed by this Privacy Policy. Narrator is not responsible for the policies or practices of third parties. You should review the applicable privacy policies of any third parties carefully before providing them with any Personally Identifiable Information (as defined below).

    The term "Personally Identifiable Information" when used in this Privacy Policy means information which identifies you personally, such as your name, phone number, email address, picture, and other personal information submitted by you through the Platform or Services.

    1. Information Collection. We log visitor's IP address, mobile device unique identifiers, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service/application, domain names, landing pages, pages viewed, and other such information automatically; this information identifies only the device that is being used to access the Platform and Services. We also use cookies (small text files stored in a user’s browser), web beacons (electronic images that allow the Platform to count visitors who have accessed a particular page and to access certain cookies) or similar technologies to gather personally unidentified information. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other settings so you don‘t have to set them up every time you visit the Service. Some of the cookies we use are associated with your account (including Personal Information about you, such as the email address you gave us), and other cookies are not. Our partners may serve ads or services to your device which may use cookies or similar technologies placed by us or the third party advertiser. You may at any time program your browser to block cookies, but be aware that such blocking may prevent us from providing some or all of the Services to you.

    2. With the exception of Personally Identifiable Information, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.

    3. We collect only Personally Identifiable Information that is specifically and voluntarily provided by you, for example, during registration to the Platform, and when uploading User Content to the Platform. If you chose to provide us with Personally Identifiable Information, you agree to the use of such data in accordance with this Privacy Policy.

    4. If you register to the Platform and provide us with authorization to access accounts you have on other social networks such as Facebook, Twitter, etc. (the "Social Network Accounts"), you expressly agree that we may access any and all information, including Personally Identifiable Information, publicly available on your Social Network Accounts. Other than and as expressly permitted hereunder, we will not use information contained on your Social Networks Accounts for any purpose other than providing you with the Services and improving the Platform and the Services. 

    5. You may also import your personal contacts information and friend lists from your Social Networks Accounts to the Platform. If you choose to find or invite friends and contacts from other Social Networks Accounts or through your device's contacts list, you hereby specifically agree that Narrator may access your contacts list to determine whether or not a contact has a Narrator account. If you choose to invite someone from the contacts list on your device or on your Social Networks Account, you may send a text or email from your Narrator account. You acknowledge and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Narrator does not have access to or control this communication. You agree that Narrator may store and use non-personal information provided during the search or invitation of such contacts.

    6. Information Use. Non-personal information is used mainly for click stream analysis in order to constantly improve and maintain our Services, including among others, for ensuring the technical functioning of our network, to help prevent fraudulent use of our services and for developing new services. We may also analyze traffic patterns, Users' demographics and behavior, for general business analytics and in order to provide you with a more personalized experience.

    7. Personally Identifiable Information is used only for limited purposes such as to store user preferences, contact you in response to requests and inquiries, or to optimize the content we display and personalize your experience on the Platform, or to communicate with you regarding user service issues, etc.

    8. User Content you publish, post or otherwise make available to others through the Platform or Services, will be regarded, upon publication, as non-confidential information, and may be published, distributed and used by Narrator in any manner and in any media, including for commercial purposes. By creating any publishing User Content, you hereby consent that such content may be published by Narrator in various frameworks in and outside the Platform. 

    9. Sharing of Information with Third Parties. We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers. From time to time, we may release non-personal information in the aggregate, e.g., by publishing a report on trends in our Services usage. Moreover, we may share Users' information with our partners and service providers to facilitate the delivery of the Platform and as necessary to allow you to enjoy the Services.

    10. Personally Identifiable Information may be shared under limited circumstances, such as: 

      1. With trusted third parties who assist us in operating the Platform and Services, conducting our business, expanding our business or servicing you, and for personalizing your experience of the Platform, including by way of target advertising on the Platform and on third parties' websites and applications.

      2. To comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or the Platform, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.

    11. Please note that other social networks are not bound by this Privacy Policy and have their own policies in connection with collection, use and sharing of information, including Personally Identifiable Information. Narrator shall not be responsible or liable to any collection, use and sharing of information, including Personally Identifiable Information by other social networks, including with regards to information published on the Platform and shared by Users on other social networks. 

    12. User Preferences.

      1. Any and all User Content you upload or share via the Platform shall be deemed as non-confidential. Users of the Platform may copy, excerpt, redistribute, repost and share such content on the Platform in connection with Your Content, or on other social networks or the web as well in connection with Public Content.

      2. You may review, update, correct or delete the Personally Identifiable Information in your account (including any imported contacts) by contacting us or by editing your profile respectively. We may retain an archived copy of your records as required by law or for legitimate business purposes. 

    13. Access to Information. We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information.

    14. Moreover, we reserve the right to use or disclose Personally Identifiable Information to law enforcement, regulatory or other government agencies, or third parties if we reasonably believe that use or disclosure is necessary to protect Narrator's rights and/or to comply with a judicial proceeding, court order, or a legal process.

    15. We would like to send you from time to time information related to the Platform, such as updates and offers we believe you may find interesting. By providing your contact information you hereby provide your consent to receive such communications. You may choose at any time to opt-out and to not receive these communications, without a need to also deactivate your account and cease use of the Platform. 

    16. Transfer of Data Abroad. We may, from time to time, transfer your Personally Identifiable Information to one of our databases in another country. If the level of privacy protection in a certain country does not comply with recognized international standards, we will ensure that data transferred to our databases in such country are adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection.

    17. Of course, the Internet is made up of a large number of international connections. If you are visiting the Platform or Services from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. By downloading the Platform and/or using the Services and communicating electronically with us, you consent to these transfers.

    18. Special Note for Parents and Children Under Age 18. The Platform is a general audience site. The Platform and the Services are not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personally Identifiable Information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18.

  8. MISCELLANEOUS

    1. Narrator reserves the right at any time and from time to time to modify and change these Terms and any aspects and/or features of the Platform. 

    2. Severability. If any provision of these terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

    3. Assignment. Narrator may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization. 

    4. Choice of Law. The Platform, Services, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of United States. You agree that all such disputes shall be brought exclusively in the appropriate courts of US.