HOOT makes this Platform available to the User as the owner of all rights with respect to the Platform, and the Software on which it is based or, where appropriate, with the due authorisation of the owner of the rights. The download, installation, use or simple click on any button of the Platform implies the unreserved acceptance by the User, of all the Terms in force at any time, so the User must read them carefully, refraining from accessing the Platform if he/she does not agree with any of the established conditions.

Access to and use of our services is also subject to our Privacy Policy and Cookie Policy, the terms of which can be found directly on the Platform or, when the Platform is available for download, in the App Store on your mobile device, and incorporated herein as a reference.

In some cases, the use of the services contained on this Platform may be subject to specific conditions of use that shall appear on the pages presenting these services. The use of such services shall mean acceptance of the specific conditions applicable to them.

The Content of this Platform is in Spanish and English.

In these Terms, the following concepts, whether in the singular or in the plural, shall have the following meanings:

Definitions:

“Audiobooks”: Electronic audiobooks that result as a work derived from the interaction of the User with the Platform, by reading and recording a Literary Work or User Content using the tools of the Platform including the Edit Elements and the Contents and/or User Content.

“Content”: Set of elements that HOOT makes available to the User on the Platform to enable the editing of audiobooks in electronic format, which include, by way of example and not exclusion, the Platform’s software, literary works, editing and audio elements, music, texts, logos, images, among others. 

“Editing Elements”: A set of audios, sounds or sound effects that HOOT makes available to the User on the Platform to be incorporated by the Platform in the course of recording and transforming the HOOT literary Works and/or User Content.

“IP Rights”: Rights relating to any form of Industrial and Intellectual Property, including, but not limited to, trademarks, trade names, domain names, patents, utility models, industrial designs, copyright and related rights, image rights (including voice and publicity rights), trade secrets, rights of privacy etc.

“Literary Works”: Literary works, whether or not they are subject to copyright or any related rights, which HOOT makes available to the User on the Platform, on which the editing elements and/or any User Content may be applied or incorporated in order to carry out the recording of Audiobooks. 

“Parties”: Subjects who contract the contractual obligations in these Terms, i.e. HOOT AUDIO, S.L. and the Platform User. 

“Platform”: Environment for creation, use and enjoyment of the Audiobooks, and of any of the User’s Contents.

“Terms”: Terms and Conditions that regulate the contractual relationship between HOOT and the User regarding access to the content and services made available to Users via the Platform. 

“Use”: Action and effect of accessing the Platform and making use of the functions it makes available to the User.

“User”: Any person over the age of 18 who freely and voluntarily has access to the HOOT Platform and completes the registration process in accordance with the provisions of paragraph 2 of these Terms, creating a User account on the Platform.

“User Content”: Set of elements created, generated or acquired legitimately by the User or to which the User holds all the rights for the use he/she wishes to make of them in accordance with these Terms, which include, by way of example, but not exclusively, images, texts and literary texts, messages, information, audios, sounds, music, his/her own voice and image or that of third parties, comments, opinions, among others, which the User makes available and/or publishes on the Platform.

The General Terms and Conditions for use of the Platform are described below:

1) Downloading and Installing the Platform

The Platform must be downloaded and installed on a mobile device. 

Download can be through the official application markets using Platform-compatible smartphone or tablet operating systems, which will be iOS only. 

2) Registration on the Platform

To use the Platform, the User must download it and register by creating an account from which he/she will access to use the services offered by the Platform.

The User will identify themselves with their email and the access password to the Platform they create expressly for this purpose. The User is responsible for handling and keeping their identity and password obtained in the registration as a User, confidential in a responsible manner, and must not give them to third parties. In the event of loss, disclosure, communication and/or transfer to third parties of the password, the User shall assume any liability for any damages that may arise, exempting HOOT from any liability. In the event of unauthorised access to your HOOT account or suspicion thereof, it is recommended that you change your password and/or report such suspicion to HOOT so that appropriate action can be taken. 

The User must register into the Platform under his/her real name or, if he/she choose a fantasy or screen name, this screen name should not impersonate someone else or incorporate someone’s else trademark.

In order to register, the User must provide the following data:

  • Name
  • Email

Any such data may be modified by the User from the section called “Profile” of the Platform menu.

3) Terms of use

3.1 Services and Content Available

The services and Content available are detailed in the Platform menu; likewise, when the User creates a HOOT account he/she will be informed of the service options available. All Content is provided free of charge.

3.2 Rules of Use

The User, through the Account created, may: 

a. Access free of charge, according to the service available at any given time and chosen by the User, and without the need for pre-authorisation, the materials and services of the Platform and/or the Contents, as well as the User’s Content that has been so configured, without prejudice to the requirement for prior registration and/or acceptance of the Terms and, where applicable, the specific conditions of such services. 

b. Use the services, Content and User Content and share the resulting Audiobook and User Content through the Platform, as well as any other channels to which he/.she has access (including, but not limited to, HOOT’s website, email, WhatsApp, social networks such as Twitter, Instagram, YouTube, Facebook, among others.)

Under no circumstances may the User carry out the following activities: 

a. Disseminate content or propaganda of a racist, xenophobic, pornographic, obscene, denigrating nature or which incites or promotes criminal, violent, defamatory or degrading acts on grounds of age, sex, religion or belief; or which makes, promotes or incites directly or indirectly the advocacy of terrorism or which is contrary to human rights and fundamental rights and freedoms of others, to the legislation in force, morals, good customs and public order, or for harmful purposes that may damage, harm or in any way prevent access to them, to the detriment of HOOT or others. No material that invades a third party’s  right of publicity or privacy is allowed, nor is material included for purposes of harassment or revenge, or to cause embarrassment or emotional distress.

b. Perform acts contrary to the IP rights of their legitimate owners. 

c. Cause damage to the computer systems of HOOT, its suppliers or third parties and/or introduce or disseminate computer viruses, harmful code or software or other types of systems that may cause damage or alterations to computer systems, or unauthorised alterations to the Contents, Audiobooks, programs or systems accessible through the materials or services of the Platform and/or the Contents, or to the information systems, files and computer equipment of the users thereof, or unauthorised access to any materials and services of the Platform and/or the Contents. 

d. Use the Platform, the Content and/or User Content, wholly or in part, to promote, sell, contract, disseminate advertising or information about themselves or third parties, or include hyperlinks on their private or commercial websites to the Platform and/or the Content. 

e. Use the services and materials offered through the Platform, the Content and/or the User’s Content in a way that is contrary to the Terms and/or the specific conditions governing the use of a particular service, Content and/or User’s Content and to the detriment or impairment of the rights of other Users and/or HOOT. 

f. Eliminate or in any way modify the protection or identification devices of HOOT or its legitimate owners that the Platform, the Contents and/or the User’s Content may contain, or the symbols, logos or trademarks that HOOT or the legitimate third party owners of the rights incorporate into their creations and that may be the object of IP. 

g. Include, without the prior authorisation of HOOT in writing,  “metatags” corresponding to brands, logos, trade names or distinctive signs property of HOOT, or to use trademarks, logos, commercial names, works subject to copyright, or to their related rights, or any other content that is subject to IP rights, on websites and/or applications that are the responsibility or property of the User or non-authorised third parties, without the prior express and written authorisation of their legitimate owner. 

h. Breach, in any way, any of the Rules of Use, as well as any of the Terms. 

i. Include a link or hyperlink on the Platform, in the Content and/or in the User Content, that generates a window or session of the navigation software used by a User of his/her website. Similarly, the User may not use or include in other websites, applications, links, or any Content of the Platform subject to HOOT’s IP rights.

j. The User may not in any event modify or delete any of HOOT’s identifying data that may exist . The User is obliged to use the services, the information and the materials and/or the Contents of the HOOT Platform as well as the User’s Contents in accordance with the Law and with the general conditions set out in these Terms. 

k. Undermine or impair HOOT’s reputation and good name.

l. Delete, hide or manipulate the notes on IP rights and other data identifying the rights of HOOT or third party users of the Platform, as well as the technical protection devices or any information mechanisms that may be inserted in the Content or User Content.

m. Obtain and/or attempt to obtain the Content and/or User Content using means or procedures other than those which, if any, have been made available for this purpose or been expressly stated.

Any action that contravenes the above indications may result in the adoption of the appropriate legal measures, as well as the cancellation of the user account

3.3 Age to register

The Platform is suitable for all age groups. However, in order to register, you must be over the age of 18. 

By registering on the Platform, the User responsibly states and guarantees that he/she is over the age of 18. HOOT cannot verify the accuracy of the data provided, nor will it be responsible for those who are under the age of 18 and access the Platform and/or HOOT’s Contents without complying with such condition of access. 

However, in the event that we become aware that a person under the required age  has registered as a User, the account shall be cancelled as soon as possible. Any User who is aware of this situation is requested to inform us by sending an email to the following address: info@hoot-audio.com.

HOOT recommends that parents, representatives or legal guardians supervise or take appropriate precautions while minors are browsing the Internet, and establish filters on the information and content to which minors may or may not have access.

3.4 Contents

HOOT is the owner of, or has due authorisation to license, on a non-exclusive and non-transferable basis, under the Terms described herein, the use by the User of the Platform and the Contents it offers. HOOT reserves all rights not expressly assigned or licensed to the User in these Terms or by written contract between the parties. 

Making use of the HOOT Contents beyond the features enabled in this Platform and/or in these Terms, is not permitted, in any case whatsoever.

HOOT authorises the User, in a non-exclusive manner, to reproduce, communicate publicly, transform and distribute the Contents for the sole purpose of editing Audiobooks and sharing them within the framework of the Platform, as well as in any other medium in which they are included, by way of example, but not exclusively, the HOOT website, email, WhatsApp, social networks such as Twitter, Instagram, YouTube, Facebook, among others with the territorial and time limits strictly necessary for such use; as long as it is exclusively a non-commercial use.

3.5 User Content

The User retains title to all rights, including any IP rights, that, where applicable, he/she claims over the  User Content that he/she makes available, uploads and/or publishes on the Platform, in respect of which he/she guarantees that he/she is the author or, where applicable, that he/she holds all IP rights or any other rights that may be necessary for his/her Use in accordance with these Terms, and that this does not constitute any infringement of the Terms, or of applicable legislation, or of IP rights, including legal status or other rights of third parties; and will fully indemnify and hold harmless HOOT for any possible claims that third parties may make as a result of the Content provided by the User.

The User agrees that if anyone makes a claim against HOOT relating to the User Content, the User shall indemnify and hold HOOT harmless from any damages, losses and expenses of any kind (including reasonable costs and lawyers’ fees) arising from such claim.

The User represents and warrants that the User Content does not contain any material that would violate the terms of 3.2 (a) – (m).

The User, as owner or licensee of all IP rights of User Content, grants HOOT a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to host, upload, publish, distribute, reproduce, display, transform, record audio, create derivative works, translate, communicate publicly and, in short, for any type of exploitation, including promotional, advertising and marketing activities, relating to the User Content, either alone or combined with other Content or material, in any way and in particular in the form of Audiobooks; through the Platform, as currently configured or as it may evolve in the future, and/or any other medium or channel including, but not limited to, the HOOT website, email, WhatsApp, social networks such as Twitter, Instagram, YouTube, Facebook, and others; for the entire legal life of the rights. 

HOOT shall not endorse any opinion contained in any User Content. If the User contributes comments, opinions, ideas or suggestions to HOOT related to the services of the Platform or its Content, he/she accepts that they are not confidential, and authorizes HOOT to use them without restrictions and without HOOT’s having to make any payment for them.  

Any User reserves the right to modify, remove or delete the User Content and Audiobooks he/she has uploaded to the Platform. However, it will not be possible to modify or remove User Content or Audiobooks published, downloaded or created by another User in accordance with Section 5.2 of the Terms.

HOOT reserves the right to monitor and review User Content and Audiobooks created by the User and to modify, remove, withdraw or terminate access to the Platform or any of the User Content or Audiobooks that, in HOOT’s sole discretion, violate the Terms. 

HOOT may take these measures without notice to the User or third parties.

3.6 Collaboration with NGOs

HOOT offers Users the possibility of sharing the Audiobooks that they created with Non-Governmental Organisations (NGOs) via email so that they can be made available to the children they help and thus promote children’s reading.

4) Price

The download of the Platform, is completely free and can be done through the official App Store market applications through operating systems of smartphones and tablets compatible with the Platform, which will be only iOS. 

Likewise, access and registration as a User, and the Use and maintenance of said Platform, will have no cost for the User.

HOOT reserves the right, upon notice, to modify these economic conditions at any time.

5) Cancellation or voluntary withdrawal as a User from the Platform and modification or removal of User Content

5.1 The service of the Platform on which the User is registered shall be cancelled, causing cancellation of the same, using one of the following methods:

a) by clicking here

b) by selecting the [●] button of the Platform menu through the HOOT User account;

c) emailing our Customer Service team through hello@hoot-audio.com.

The cancellation of the User’s registration as a Platform User shall only be effective when the User has followed the steps described in the previous paragraph of this section and the system displays the message “The subscription has been successfully cancelled” indicating the date and time that the system records as the end of the subscription, in the time zone of the User’s current connection (IP).

5.2 Modification or removal of User Content from the Platform

In accordance with the provisions of section 3.5, the User may modify, remove or delete User Content and Audiobooks uploaded by him/her to the Platform. However, you may not modify, or remove User Content or Audiobooks published, downloaded or created by another User.

The procedure for modifying or removing User Content is as follows:

Entering the section called “My Library”, in both the “Recording” list and the “Completed” list, as well as from the section called “Creations” offers the option to delete the selected recording, by pressing the button represented by an icon in the form of a rubbish can. Once deleted, the deleted recording extract cannot be recovered and is permanently deleted from the database and is not backed up.

6) Maintenance and modifications of the Platform, its Services and/or Content. Exemption from Liability

The features of the Platform, as well as its services and/or Contents, are subject to change without prior notice. HOOT reserves the right at any time to modify any service or Content of the Platform without prior notice, except as stated in paragraph 4. 

HOOT shall not be liable to the User, nor to third parties, for any modification, suspension or interruption of the service; nor does it guarantee the availability and continuity of the operation of the Platform, nor of the other websites with which links have been established from it. HOOT does not accept any liability regarding the Use or the results of the Use of the Platform in relation to its correctness, accuracy, truthfulness, reliability, updating or others. 

Interactions between Users, or with third parties, including payment and service provision, as well as any other terms, conditions, warranties or representations relating to such transactions, are solely between Users or between Users and third parties. The above shall also apply to any interaction between Users (including the contribution and/or reception of any Content or User Content) during the Use of the services’ functionalities to make contributions to the User’s Content and to receive contributions from other Users for their own User Content. The User agrees that HOOT is not responsible for any loss or damage arising from the interactions and operations listed in this section or from the use or disclosure of his/her personally identifiable information by any other User. In the case of disputes between the User and a third party (including any User), HOOT has no obligation to get involved. However, HOOT reserves the right to supervise the resolution of disputes between Users or between the User and third parties.

HOOT cannot guarantee the absence of viruses or other elements on the Web Site introduced by third parties not related to HOOT that could lead to alterations in the hardware or software systems of the Users or the documents and electronic files stored in their systems. As a result, HOOT shall not be liable under any circumstance for any damage or harm that may be derived from the presence of viruses or other elements that can give rise to alterations in the hardware or software systems or in the documents and electronic files of the Users.

Likewise, HOOT cannot guarantee that unauthorised third parties shall not have access to the type of use that the User makes of the Platform, or the conditions, characteristics and circumstances in which said unauthorised User makes such use. Consequently, HOOT shall in no case be liable for any damage or harm that may result from such unauthorised access.

7) Intellectual and Industrial Property

7.1 HOOT’s IP Rights.

The rights to the Platform, the software that it incorporates and all the Contents and/or other elements that are shown on the Platform (including, by way of example and without limitation, Audiobooks, literary works, drawings, texts, graphics, photographs, audio, sounds, videos, software, distinctive signs, images, names, etc.) belong to HOOT or, where applicable, have been licensed to HOOT by their legitimate owners. All materials and information on the HOOT Platform and/or Content are subject to current regulations on Intellectual and/or Industrial Property. 

The User may not request, nor attempt to register, trademarks, trade names, copyrights, patents, utility models, industrial designs or any other form of IP in any country in the world in relation to the Platform or any of its Contents or the Audiobooks.  

The User undertakes not to infringe the IP rights of HOOT and of third parties within the framework or as a consequence of his/her participation on the Platform, in any way.

7.2 Restrictions:

It is not permitted for the User, or any third party, to proceed to:

(a) modify, adapt, translate, transfer, assign, exploit, sublicense, solicit donations or create derivative works based on the Platform or any part thereof including the Content, except for the uses expressly authorized in these Terms;

(b) reverse engineer, decompile, decrypt, disassemble or attempt to derive the source code of the Software;

(c) modify, adapt or create derivative works from the source code of the Platform software or documentation thereof.

(d) interfere with the operation of the Platform.

7.3 Defending HOOT’s IP rights

The User shall have the obligation to notify HOOT of any infringement of the IP rights of HOOT or any third party that it becomes aware of in the framework of the Platform or its Content and shall notify HOOT immediately, providing any evidence there may be of such infringement, by sending an email to: info@hoot-audio.com.

8) Updates and Enhancements

HOOT undertakes to make available to the User, as soon as it is available, the latest version of the Platform and, likewise, undertakes to provide, as soon as they have been carried out, all the updates and improvements of the software that the Platform incorporates to guarantee its correct operation. Such updates and upgrades shall be immediately incorporated into this license under the same Terms.

9) Duration and Termination

These Terms have no time limit, and are without prejudice to the fact that they may be terminated in any of the following cases:

(i) in the event of voluntary withdrawal by the User;

(ii) in the event that HOOT terminates the service provided through the Platform. In this regard, HOOT shall have the right to terminate any service in the event of a breach by the User of any of the provisions contained herein, and without the User’s being able to claim any compensation. 

In both cases, the termination shall be without prejudice to the rights granted to HOOT by law or these Terms.

10) Updating and modifying the Terms.

HOOT reserves the right, with or without notice, to change these Terms at their sole and absolute discretion. The most up-to-date version of these Terms can be accessed by visiting the Platform through the link called “Terms and Conditions of Use”, located on the website and on the Platform, and this shall be the one that applies, replacing all previous versions.

11) HOOT’s Liability

HOOT shall in no case be liable for the damages that may derive from (i) the lack of availability or accessibility to the Platform or to the other sites with which links have been established, (ii) the interruptions in the operation of the Platform, failures of computer or, telephone, disconnections, delays or saturations caused by deficiencies or overloading of telephone lines, the Internet system or other electronic systems in the course of their operation, and (iii) other damages that may be caused by third parties through unauthorised intrusions beyond HOOT’s control, (iv) User Content. Since HOOT has no control over such Content, it does not guarantee its accuracy, the validity, the suitability or the quality of such Content, nor does it assume any responsibility for unwanted, objectionable, inaccurate, misleading or illegal Content published by Users.

HOOT rejects any liability for possible Uses made by the Users, including those that may derive from possible infringements of third party IP rights, and HOOT reserves the right to take legal action against anyone who may contravene a third party’s IP right. 

HOOT reserves the right to do any of the following, at any time and without notice: (1) modify, suspend or terminate the operation or access to the Platform, or part of it, for any reason; (2) modify or change the Platform, or part of it, and the applicable Terms, policies or clauses; and (3) interrupt the operation of the Platform, or part of it, when it is necessary to perform routine or exceptional maintenance, correct errors or make other changes.

THE PLATFORM IS OFFERED “AS IS.” TO THE EXTENT PERMITTED BY LAW, HOOT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12) Representations and Guarantees

12.1 Representations and Guarantees of HOOT.

HOOT declares that, on the date of commencement of the services, it is a validly existing company under the laws of the country in which it is registered and under the laws of each country in which it has property, assets and sub-lease of property or where the exercise of its activity requires such classification. HOOT declares that it has taken all necessary measures, within its capabilities and the state of its technology, to ensure the operation of the Platform, the Services and/or the Content. HOOT shall at all times ensure respect for the legal system in force, and reserves the right to discretionally deny, wholly or in part, at any time and without prior notice, the access of any User to the Platform and/or the Contents, as well as to withdraw or eliminate them, in accordance with section 3.4.2. HOOT excludes all terms and conditions and guarantees not expressly set forth in this document. 

12.2 Representations and Guarantees of the User. 

The User agrees to use the Platform and/or the Contents in a manner that does not violate current legislation, including applicable IP legislation, the Terms, and any applicable specific conditions, morality, good customs and public order, and shall keep HOOT harmless for this purpose. Likewise, he/she must at all times make correct and lawful use of the services, information, materials and/or the Contents of the Platform. Any Use of the Platform in situations where the Software can be expected not to function properly shall not be authorised by HOOT and shall be considered to be at the User’s risk, and the User agrees to exempt HOOT from any claim or loss related to such unauthorised use. The User guarantees that he/she is a legitimate user of the social networks through which he/she shares the Content, the User Content and/or the Audiobooks and also declares that he/she knows and has accepted the conditions, whether general or particular, privacy policies and any other terms and conditions imposed by those responsible for the aforementioned information society services and understands that he/she is subject to them.

13) Protection of Personal Data

The collection and processing of the User’s personal data is governed by a specific Privacy Policy accessible by clicking here.

14) Applicable law and Jurisdiction

These Terms shall be governed by the laws of Spain. Exclusive jurisdiction and venue for all matters relating to this agreement shall be the courts and tribunals located in Barcelona, Spain.

15) Reservations

The failure or delay by HOOT or the User to exercise any right, power or remedy hereunder shall not constitute a waiver of such right, power or remedy. The sole or partial exercise of a right, power or remedy shall not prevent its further exercise or the exercise of any other right, power or remedy. If any provision of these Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision shall not affect the legality, validity or enforceability of the remaining provision or provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.

 

These Terms were last updated on June 8th 2020.