Terms of Services
The Terms of Services (“Terms”) is entered into and binding between the end user (“You” or “Your”) who download, install, register with, access or use (“use” or “using”) the services under and in connection with Media.io (hereinafter referred to as “Media.io” or “Services”), and us, the developer and provider of Media.io (“We”, “Us” or “Our”), .
Please read the Terms carefully before using the Services. By accessing or using the Services, documentation, collections from our Services, you agree to be bound by the following terms and conditions of the Terms.
The Terms is essential and crucial for us to provide the Services to you. Therefore, if you do not agree the Terms, then you may not access or use the Services.
Important: our Privacy Policy explains how we collect, treat your personal data and protect your privacy when you use our Services. By using our Services, you agree we can use such data in accordance with our Privacy Policy and applicable laws and regulations. You also agree to be bound by the Privacy Policy or privacy notice published by us on our website and Services.
From time to time and without prior notice to you, after your first signing of the Terms, we may change, revise, modify, and update any terms of the Terms and our Privacy Policy (“new terms”). If you do not agree such new terms, you shall stop to use the Services. After we publish and post such new terms, your continued use of the Services shall be deemed as your acceptance of such new terms.
1. Eligibility
(1) You must be at least 13 years old to use the Services. If you are under the age of 13, we do not collect or use your any information, and do not allow you to use Services and our Services. If you are under 13, you should not use or provide any information in Services or through any of its features, or provide your any information to us.
(2) You should be of legal age in your jurisdiction to enter into the Terms with us. If you are under the age of 18, you must have your parent or legal guardian’s permission to use the Services, or you are under the legal age in the jurisdiction in which you reside, you agree to access and use Services under the supervision of your parent or legal guardian, who also agrees to be bound by the Terms and to comply with local laws and regulations.
(3) If you are European Economic Area (EEA) individual or United Kingdom individual, you must be at least 18 years old in order to use the Services, otherwise, We do not allow your using of Services. If you know any users of Services younger than 18, please contact us, and we will delete the information provided by such users.
(4) You acknowledge and warrant that if you agree to the Terms on behalf of another person or entity, you represent that you are fully authorized by that person to enter into this Agreement, which is binding on you and others (references to "you" in the Terms shall include both). You must provide accurate and complete information to register for an account. You should not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
2. User Accounts
(1) Certain features of the Services may require you to create a user account and/or user ID and/or password (collectively, “User Account”). You agree to use only your registered User Account to receive and use our Services.
(2) By creating a user account, you represent and warrant that all information you provide is accurate and true and that you have the necessary right and authorization to submit such information. You agree to periodically update any information associated with your User Account (including, without limitation, emails, payment information, subscriptions, and other relevant details) to ensure that it remains current and correct at all times.
(3) You are responsible for maintaining the confidentiality of your User Account and must not share or disclose them to any third party. You acknowledge full responsibility for all activities that occur under your User Account. Your User Account are non-transferable and may not be sold, lent or shared with anyone else.
(4) Failure to comply with the foregoing, including failure to maintain accurate and up-to-date information for your User Account, may result in a poor reputation for your User Account and we reserve the right to cancel or suspend your User Account in our sole discretion.
(5) In addition, we reserve the right to terminate or restrict your User Account, or revoke your access to the Services, at any time if we suspect or determine that you have violated the Terms or the Privacy Policy. You acknowledge that we will not be liable to you for any refusal to use or access to our Services, or to suspend or terminate your User Account.
3. Intellectual Property
(1) The internal intellectual property rights, including copyrights, patents, trademarks, trade secrets, relevant legitimate rights and interests under and in connection with our Services, including ownership of Media.io and its embedded materials (such as codes, trademark, technology, systems, files, documents, text, photographs, information, images and Services, individually or in combination) are owned and will be owned by us or licensed to us. Nothing in the Terms transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the Terms. We and our licensors reserve all rights (if any) not granted in the Terms.
(2) You acknowledge and warrant not to use our Services to collect, create, upload, transmit, display, or distribute any musical composition or User Content that infringe any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
4. Content You Upload
(1) You retain ownership of the intellectual property rights in the content you submit to us (“Your Content”). We never claim ownership or any intellectual property rights of Your Content, and we do need your permission to use it.
(2) When you upload, share, or otherwise transmit copyrighted content protected by intellectual property rights through our Services or our related services, you grant, permit, and authorize us a non-exclusive, royalty-free, irrevocable, transferable, and sub-licensable, worldwide license to use, distribute, modify, manipulate, reproduce, publicly display, translate or create derivative works of Your Content in accordance with our Privacy Policy. You, by giving a 30 days prior written notice to us, may terminate the license granted to us at any time by deleting your content or account. However, you confirm and agree that if we combine Your Content with commercial or sponsored content, the license will remain in effect until we cease such commercial or sponsored activities.
(3) By accessing and using Services, you allow us to use your username and other identifying information associated with your account in accordance with your privacy preferences and our Privacy Policy.
(4) You represent and warrant that:
A. You possess the ownership of Your Content modified and adapted by you via Services or have the authority to grant the rights and licenses as described in the Terms or any agreements signed by you and third-party;
B. You consent to cover all royalties, charges, and any other funds due as a result of Your Content you plan to alter and adapt on or through Services. You assure us that any utilization of third-party content has been authorized by you with the respective rights holder;
C. In the event Your Content portrays third parties, you have obtained all indispensable approvals and authorization from them to submit their images to Services;
D. You possess the lawful right and competency to agree to the Terms within your jurisdiction.
(5) You must not upload, edit, create, store or share any Your Content that violates the Terms or to which you do not have all the rights necessary to grant us. You agree to indemnify, defend and hold us harmless for any unauthorized use of third-party content you might commit.
(6) Under any conditions and circumstance, we will not be liable to you for any modification, suspension or discontinuation of Services, or the loss of any Your Content, if this loss occurs outside of our control.
5. Generated User Content
(1) By submitting, posting or uploading audio files or other content (collectively, "user Content") to the Service, you grant each user of the Service a non-exclusive license to access your user Content through the Service, and to use, reproduce, distribute, display and perform such user Content as permitted through the functionality of the Service and under the Terms.
(2) You represent and warrant that you have all rights, permissions, and consents necessary to submit the user Content to the Service and to grant the licenses set forth above, and that the use of the user Content by Media.io and its users will not infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.
(2) You acknowledge and confirm that any content you input or upload (“Input”) in the Services may ultimately be processed by the Services, and related content will be output to you by Services based on your Input ("Output") . Subject to your compliance with the Terms, you hold and own all its rights, title, and interest in and to Output, we do not claim any of the aforesaid rights, title, and interest. This means you can use Output for any purpose, including commercial purposes such as sale or publication, if you comply with the Terms. We may use Output to provide and maintain the Services, comply with applicable law, and enforce the Terms. You are solely and completely responsible for Output, including for ensuring that it does not violate any applicable law or the Terms. In case of any disputes, claims, complaints, or legal proceedings (“disputes”) arsing from or in connection with the Output or your using of Output, we shall not be involved to such disputes and not assume any of your losses, damages, and liabilities whatsoever.
6. Synthetic Vocal Models
(1) Our Service includes the synthetic voice models. These models may bear certain resemblances to the vocal characteristics of identifiable public figures. In the avoidance of the misunderstanding, we hereby clarify that these models are completely artificial creations, developed through the application of advanced machine learning algorithms. They do not incorporate or utilize any proprietary recordings, performances, or unique voice samples of these public figures.
(2) We do not claim any ownership, affiliation, or representation of these public figures whose vocal characteristics our models may resemble. We respect any and all the rights and interests held and owned by these public figures as per the applicable laws and regulations in any jurisdictions. Furthermore, the creation and provision of these voice models shall not consist, generate and establish any of endorsement, sponsorship, or partnership between Media.io and the said public figures. All trademarks, names, and likenesses and all related interest and benefits associated with these public figures are their respective properties.
(3) Our voice models are available for personal, non-commercial use only and, under any situation and circumstance, shall not be used in any manner that suggests endorsement, sponsorship, or affiliation with the public figure by the user or any third party. Users of our Service are expressly prohibited from using the voice models to create content that is defamatory, unlawful, harmful, harassing, fraudulent, threatening, or otherwise objectionable as defined in our Prohibited uses section. During using our voice models, it is your duties and obliged to duly comply with all applicable laws, including but not limited to intellectual property laws and rights of privacy and publicity. We expressly disclaims any liability for any use of the voice models that violates the Terms or any applicable laws. By using our Service, you acknowledge and agree that Media.io is not responsible for any claims, damages, or legal disputes that may arise as a result of your use of the voice models.
(4) You further agree to indemnify and hold harmless Media.io, its officers, directors, employees, and agents from and against any and all claims, complaints, litigation, legal proceedings, damages, losses, compensations, liabilities, legal fees, attorney fees, and expenses arising out of or related to your use of the voice models. This section does not waive or limit any other disclaimers or limitations of liability included in the Terms. Your use of our Service shall be deemed as your complete acceptance to this and all other provisions of our Terms.
7. Prohibited Uses
(1) In accessing and using the Service, or any audio generated through the Service, you agree to comply with all the following rules and restrictions:
A. You may not modify, translate, adapt or reformat the Services or any portion/functions of the Services;
B. You may not decrypt, decompile, reverse engineer or otherwise attempt to discover the source code or structure of the Services or materials that make up the Services (except as permitted by applicable local laws and regulations, in which case only after providing us with prior written notice of such anticipated activity);
C. You may not interfere with or circumvent any security features of the Services or any restrictions or restrictions on the use of the Services;
D. You must not gain unauthorized access to our data, systems or networks through the Services;
E. You may not use the Services in a manner that could damage, disable, overburden, impair or otherwise interfere with our systems and networks or other users' use of the Services;
F. You may not use the audio generated through the Service to create, distribute, or promote any content that is obscene, defamatory, libelous, invasive of privacy or publicity rights, abusive, harassing, threatening, or otherwise objectionable or harmful;
G. You may not use the Service for any commercial purpose, including but not limited to, selling or reselling the audio generated through the Service;
H. You may not use any automated system, including but not limited to, "robots," "spiders," or "offline readers," to access the Service;
I. You may not use the Services in any manner that we determine, in our sole discretion, that may expose us or others to liability or injury;
J. You may not remove, alter or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notice contained in the Services;
K. You must comply with all applicable laws, including the laws of your country or region.
(2) You shall not upload, edit, create, generate, share or otherwise transmit any of the following through the Services, an shall not conduct any activities involved any of the following through the Services and our any services:
A. is unlawful, harmful, defamatory, libelous, obscene, abusive, racially or ethnically offensive, pornographic, indecent, obscene, harassing, threatening, invasive of an individual's privacy or publicity rights, misleading, inflammatory, or offensive;
B. constitutes, encourages or directs criminal activity, violate the rights of any party, or otherwise give rise to liability or violate any local, state, national or international law;
C. infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any third party;
D. contains any unsolicited promotion, political campaign, advertising or solicitation;
E. contains any private or personal information of a third party without the consent of the third party;
F. harms or exploit children by providing inappropriate content, asking for personally identifiable details, or in any other way;
G. contains any viruses, corrupted data or other harmful, destructive or destructive files or content designed to interrupt, destroy or limit the functionality of the Services;
H. contains any information or content that you are not entitled to provide under any law, contract or fiduciary relationship (such as insider information or confidential information received under an employment or confidentiality agreement);
I. in our sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may cause injury or liability of any kind to us or others.
(3) We reserve the right (but not the obligation) to reject and/or remove any user content that we in our sole discretion deem to violate these provisions. If you observe any violation of the Terms from your perspective, regardless of its nature, please contact us.
(4) Unless otherwise stated, you may not use any images, text or other content that you view, share, save, use or repost in the Services for commercial purposes.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF WE OR ONE OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF WE, AND OUR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THE TERMS, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SERVICES, IF ANY.
IF THE SERVICES IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SERVICES UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SERVICES FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WE SHALL NOT BEAR OTHER LIABILITIES TO YOU.
OUR WEBSITES AND PRODUCTS MAY INCLUDE PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES ARE ONLY FOR YOUR CONVENIENCE. WE SHALL NOT BE RESPONSIBLE FOR THE LICENSE RESTRICTIONS AND LEGALITY OF ANY CONTENT OF SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. YOU MIGHT NEED TO REVIEW AND AGREE TO APPLICABLE RULES OF USE WHEN USING SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. IN ADDITION, A LINK TO THIRD PARTY WEBSITE DOES NOT IMPLY THAT WE ENDORSES THE SITE OR THE PRODUCTS OR SERVICES REFERENCED THEREIN.
9. Disclaimer
Services are provided to you on an "AS IS" and "AS AVAILABLE" basis and you assume all risks associated with your use of Services. To the maximum extent permitted by applicable law, we make no representations or warranties, express, implied, statutory or otherwise, and hereby disclaim, including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and ownership of all rights relating to Services.
(1) The contents and services provided on this website are for entertainment and educational purposes only and are not intended to be taken as the genuine thoughts, opinions, or endorsements of the individuals to whom the AI models pertain. The AI models developed on our site are created using royalty-free publicly available data and do not in any way reflect the personal beliefs, views, or ideas of the real individuals. Please be aware that the use of the name, likeness, or persona of any individual does not constitute a personal endorsement or official statement from that individual. The AI models do not have any direct relationship or association with the individuals they are modelled after. We expressly disclaim any and all liability for any direct, indirect, incidental, consequential, or any other damages arising from the use or interaction with the AI models, including but not limited to misinterpretations, misunderstandings, or expectations of accuracy or authenticity.
10. Changes of the Terms
(1) We reserve the right to update or change the Terms at any time in our sole discretion, and we may notify you of such changes by accessing the revised version of the Terms through Services, which will be effective immediately. Please check back periodically to ensure that you are familiar with the latest version of the Terms, as indicated by the "Last Updated" at the top of the Terms. If you do not agree to the revised Terms, you have the right and shall immediately stop using Services. Your continued access to or use of Services following the posting of any changes to the Terms will be deemed acceptance of those changes.
(2) We reserve the right to change the scope of Services listed herein or to change the applicable Services fees at any time and for any reason without notice. We may suspend or restrict the provision of Services to specific users. We reserve the right to terminate the provision of Services and/or support without notice.
11. Changes of the Terms
(1) The Services provided by us may include services or contents that we has obtained authorization from the rightful owners or third-party licensors. Therefore, pursuant to the authorization granted to us by the aforementioned rights holders, we may impose restrictions or limitations on the specific term, content, geographical scope, and terminal devices for your use of the services or contents. This may result in your temporary or permanent inability to access the relevant services or contents in certain regions, times, or on specific devices, or the inability to access all or partial of the services or contents. Notwithstanding any provisions between you and us, we shall not be held responsible or liable for any losses or damages incurred by you due to the aforementioned reasons or any other third-party licensors.
(2) Due to the unique nature of internet services, legal and regulatory requirements, or changes in authorization, we may, in its sole discretion, at any time and from time to time, in whole or in part, dynamically modify, update, change, interrupt, suspend, discontinue, or terminate the products, videos, audios, images, and other services or contents provided by us ("Product Content") in accordance with changes or modifications in laws and regulations, requirements of rights holders or third-party licensors, authority requirements/decisions, or other third-party complaints. This includes but is not limited to, our right to temporarily or permanently remove or update all or part of the Product Content with or without notice in advance. Notwithstanding any provisions between you and us, we shall not be required to obtain your prior consent or be held responsible or liable for any loss or damages incurred by you due to your inability to access the relevant Product Content, whether due to the aforementioned reasons or any other reasons.
12. Indemnification
You agree to defend, indemnify and hold harmless Media.AI and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of the Terms, or c) user Content posted on the Service.
13. Termination and Assignment
(1) The Terms shall remain in full force and effect until terminated by either you or us as set forth below. You may terminate the Terms at any time by ceasing to access and use the Services. We may terminate the Terms and your right to access or use the Services at any time and for any reason, with or without notice, including if you are suspected of violating the Terms.
(2) We reserve the right to transfer, transfer or subcontract the Services to any third party. Notices will be provided in the Services, and your continued use or updating of the Services constitutes your consent to such distribution.
14. Applicable Law and Dispute Resolution
(1) Regardless of where you are located, the Terms shall be governed by and construed in accordance with the internal laws of Hong Kong, without giving effect to any choice of law or conflict of law provisions.
(1) Any dispute arising out of or in connection with the Terms, including any questions regarding the existence, validity or termination of the Terms, shall be submitted to and finally resolved by Hong Kong International Arbitration Centre (HKIAC) in accordance with the arbitration rules of HKIAC. HKIAC shall have exclusive jurisdiction of the aforesaid disputes. The arbitration award shall final and binding.
15. Contact us
If you have any questions about your use of Services or the Terms, please contact us at customer_service@wondershare.com.
