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Terms and Conditions

IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS", "OUR" and "VOXFORGE" REFER TO Ken MacLean (kmaclean AT voxforge DOT org)  the creator, maintainer and administrator of the VoxForge.org website, AND "YOU" AND "YOUR" REFER TO YOU. Before using VoxForge.org, please read this agreement relating to your use of this website carefully.

1. ACCEPTANCE OF TERMS

By using VoxForge.org, you agree to be bound by these terms and conditions of use ("Terms").  If you do not agree to these Terms, please do not use VoxForge.org. VOXFORGE provides the information and services on VoxForge.org to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of VoxForge.org constitutes your agreement with such Terms.

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to VoxForge.org.  Your continued use of the VoxForge.org website following the posting of changes to these Terms will mean that you accept those changes.

In addition, each user's use of a particular VoxForge.org service ("Service") may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms.  Use of VoxForge.org and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use VoxForge.org or any of its Services, as defined herein, and should refrain from accessing VoxForge.org and its Services.

To update the Terms, we will post the changed version and its effective date at http://VoxForge.org/home/about/legal/legal/terms-and-conditions.  VOXFORGE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, VoxForge.org or any Service thereon (or any part thereof). VOXFORGE shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the VoxForge.org website, you warrant to VOXFORGE that you will not use VoxForge.org, or any of the content obtained from VoxForge.org, for any purpose that is unlawful or prohibited by these Terms.  If you violate any of these Terms, your permission to use the VoxForge.org website automatically terminates.

3. DESCRIPTION OF SERVICE

VoxForge.org is a website owned and operated by VOXFORGE for the purpose of creating a repository of GPL Transcribed Speech Audio Files, GPL Acoustic Models and GPL software and scripts for use with Open Source Speech Recognition Software that may be approved by VOXFORGE (the "Purpose").

VoxForge.org currently offers users access to on-line resources for submission of  transcribed Speech Audio Files, Acoustic Models and scripts and content creation on VoxForge.org, including various communications tools, source code control, online forums, and personalized content (collectively, the "Services"). To use these Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.

4. REGISTRATION OBLIGATIONS

If required by VOXFORGE, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive a password and account designation upon completing VoxForge.org registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. VOXFORGE cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify VOXFORGE of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

VoxForge.org handles user Registration Data in accordance with the VoxForge.org Privacy Statement accessible at http://www.voxforge.org/home/about/legal/privacy.

5. CONTENT

All information, data, text, software, scripts, music, sound, speech audio, acoustic models, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via VoxForge.org, are the sole responsibility of the person from which such Content originated. This means that the user, and not VOXFORGE, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via VoxForge.org or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on VoxForge.org and/or any Service which, in the judgment of VOXFORGE, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

VOXFORGE will not pre-screen or review Content, but VOXFORGE reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose.  In addition, VOXFORGE shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal.

VOXFORGE, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of VOXFORGE, VoxForge.org users and the public. VOXFORGE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will VOXFORGE be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via VoxForge.org or any Service thereon.

Each user, by using VoxForge.org or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON VOXFORGE.ORG

Use, reproduction, modification, and other intellectual property rights to user submissions, including, without limiting the generality of the foregoing, software, scripts, speech audio files, transcription files or acoustic models ("User Submissions") shall be subject to the GPL license or to such other OSI-approved licensing arrangements that may be approved by VOXFORGE as applicable to such User Submissions.

With respect to text or data entered into and stored by site features such as message boards and/or bug trackers ("VoxForge.org Public Content"), the submitting user retains ownership of such VoxForge.org Public Content, but licenses all rights to the submitted information to VOXFORGE for the Purpose described in Section 3 above.

7. NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

VOXFORGE may establish general practices and limits concerning use of VoxForge.org Services, as defined by posted Service-specific Rules. While VOXFORGE will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, VOXFORGE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service.  VOXFORGE reserves the right to change these general VoxForge.org practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

We may terminate a VoxForge.org user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of VoxForge.org or any VoxForge.org Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

Our termination of any user's access to VoxForge.org or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files.  VOXFORGE shall not be liable to any VoxForge.org user or other third party for any termination of that user's VoxForge.org access or account hereunder.

10. LINKS

VOXFORGE, any Service or a third party may provide links to other websites. VOXFORGE exercises no control whatsoever over such other non-voxforge.org websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon.  VOXFORGE shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.  Your access and use of websites linked to VoxForge.org, including information, material, products and services therein, is solely at your own risk.

VoxForge.org's privacy statement is applicable only when you are on VoxForge.org. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY

Each user shall indemnify, defend and hold harmless VOXFORGE from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of VoxForge.org, his or her submission, posting or transmission of Content or his or her violation of the Terms.

12. GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL VOXFORGE  BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, YOUR INABILITY TO USE THE AUDIO FILES, ACOUSTIC MODELS OR SOFTWARE, OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF VOXFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such jurisdictions, VoxForge's liability is limited to the full extent permitted by law. 

13. CONTENT DISCLAIMER OF WARRANTIES

13.1 THERE IS NO WARRANTY FOR ANY VOXFORGE.ORG CONTENT, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PROGRAMS, SCRIPTS, DATA, SPEECH AUDIO OF ANY KIND OR FORMAT, ACOUSTIC MODELS, WEB-SITE CONTENT, TEXT, HOW-TOS, TUTORIALS, E-MAIL, NEWSGROUP ENTRIES, MESSAGES, PHOTOGRAPHS, GRAPHICS, OR VIDEO, COLLECTIVELY REFERRED TO AS THE "VOXFORGE CONTENT", TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE VOXFORGE CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE VOXFORGE CONTENT IS WITH YOU.   SHOULD THE VOXFORGE CONTENT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

13.2  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE VOXFORGE CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE VOXFORGE CONTENT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. SERVICE DISCLAIMER OF WARRANTIES

EACH USER'S USE OF VOXFORGE.ORG AND VOXFORGE.ORG SERVICES IS AT HIS OR HER SOLE RISK. VOXFORGE.ORG AND VOXFORGE.ORG SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND VOXFORGE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH VOXFORGE.ORG USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

VOXFORGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, VOXFORGE MAKES NO WARRANTY THAT (i) VOXFORGE.ORG OR ANY VOXFORGE.ORG SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE AUDIO FILES, ACOUSTIC MODELS OR SOFTWARE OR SCRIPTS WILL BE CORRECTED. 

VOXFORGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VOXFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE VOXFORGE.ORG OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VOXFORGE.ORGOR ANY SERVICE; OR ANY OTHER MATTER RELATING TO VOXFORGE.ORG OR ANY SERVICE.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN VOXFORGE AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.

AS NOTED ABOVE, VOXFORGE DOES NOT AND CANNOT CONTROL THE ACTIONS OF VOXFORGE.ORG USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.

WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO VOXFORGE.ORG OR ANY SERVICES. OPERATION OF VOXFORGE.ORG MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE.

THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY VOXFORGE.

15. RELEASE

In the event that you have a dispute with one or more VoxForge.org users, you release VOXFORGE from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

16. FRAUD

Without limiting any other remedies, VOXFORGE may suspend or terminate your VoxForge.org account if we suspect that you have engaged in fraudulent activity in connection with VoxForge.org or any VoxForge.org Service.

17. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of VoxForge.org and all of its Services.

18. NO AGENCY

You and VOXFORGE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

19. TRADEMARK INFORMATION

VoxForge.org, www.dev.VoxForge.org, the VoxForge.org logo and other VoxForge.org trademarks, service marks, and product and service names are trademarks of VOXFORGE.  All other names and designs may be trademarks of their respective owners. Users may display or use VoxForge.org or the VoxForge.org logo only with the express written permission of VOXFORGE.

The Windows and Linux logos used on this site are protected by copyright and/or trademark. It is believed that the use of low-resolution images of logos

qualifies as fair use under copyright law.

Use of these logos here does not imply endorsement of the organization by VoxForge.org or VOXFORGE, nor does it imply endorsement of VoxForge.org or VOXFORGE by the organization.

The Source of the Windows logo is: http://en.wikipedia.org/wiki/Image:Microsoft_Windows.png

The Source of the Linux logo is: http://en.wikipedia.org/wiki/Image:Tux.svg

20. COPYRIGHTS

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing VOXFORGE with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit VOXFORGE to locate the material;
  4. your name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If VOXFORGE receives such a claim, VOXFORGE reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

22. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and VOXFORGE and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and VOXFORGE shall be governed by the laws of the Province of Ontario, Canada, and each party shall submit to the personal and exclusive jurisdiction of the courts located within the city of London, Ontario, Canada.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

23. VIOLATIONS OF TERMS

Please report any violations of the Terms VoxForge.org at contact AT voxforge DOT org.

24. ADDITIONAL TERMS

The following policies are incorporated into these Terms by reference and provide additional terms and conditions related to specific services offered on VoxForge.org:

Each of these policies may be changed from time to time and are effective immediately after we post the changes on VoxForge.org. In addition, when using particular services on VoxForge.org, you agree that you are subject to any posted policies or rules applicable to services you use through VoxForge.org, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms.