Firstaudiobooks Limited (“the Producer”, sometimes referred to as “we” or “us”,) is a company incorporated in Gibraltar under No: 124089 whose registered office is at Suite 4.3.02, Eurotowers, Gibraltar, GX11 1AA and whose address for service is info@firstaudiobooks.com. By using services of the Producer (and the term “the Producer”, “we” or “us” shall include our successors and assigns), and the “Customer”, sometimes referred to as ‘you” agree to the following terms of service (“the Terms”):
In these Terms the following expressions shall bear the following meanings:-
Account – shall mean the account created for you on our Website.
Audiobook – shall mean the creation of an audiobook from a print manuscript and completed audiobook shall mean the audiobook we offer for download by you when, in our absolute discretion, we consider that our work relating to it has been completed.
Extras – shall mean any work not specifically referred to in the Quotation, requested in advance by you.
The Project – shall mean the creation of an audiobook from a print manuscript submitted by you to us, including ancillary services, as described in our invoice(s) to you..
Cloning and cloned voice – shall mean the creation of a computer-generated voice derived from a Real or another computer-generated voice.
Quotation – shall mean the estimate of production our charge and ancillary costs for the creation of an audiobook for you, which we shall supply you before work commences. The Quotation does not include any Extras.
Real – shall in the context of these Terms and Conditions mean produced by a human voice actor.
Services – shall mean any and all services offered to you and/or carried out for you by The Producer or on behalf of The Producer.
Voices – shall mean the library of Real and computer-generated Voices to which we allow you access as part of the Project.
Voice Actors – shall mean voice actors who have allowed their Voices to appear in our library of Real Voices.
Our Website – shall mean www.firstaudiobooks.com.
You, the Customer, are responsible for reading and agreeing to the entire terms and conditions. By purchasing a service through this website or via a proposal from a sales representative, you agree and are held by these terms.
The Producer may at any time, without notice to you and in its sole discretion, amend the Terms and Conditions, including pricing, from time to time and such changes shall take effect from the date of their publication on the Website.
By submitting audio recordings of a voice to us for cloning, you thereby warrant that the consent of the person whose voice we clone has been properly obtained. If it shall subsequently transpire that any cloned voice made by us from material submitted by you or on your behalf to us shall have been improperly obtained, or obtained without the consent of the person whose voice we cloned, you shall forthwith destroy all recordings made with the cloned voice, pay any compensation awarded as a result of the unauthorised cloning and indemnify us in full against any liability.
We retain all rights to the Voices used in the Project. You may only broadcast, stream, enable upload/download of the Voices or otherwise allow third party access to the Voices as part of the audio book created as the project. You may not use the Voices for any other work, nor clone, imitate or otherwise make use of the Voices for any other purpose. You recognise that in order to have a plentiful supply of different voices for the different characters in audiobooks, we offer voice suppliers who have allowed their voice to be cloned a free copy of every audiobook in which their voice is used. Consequently it is a condition of our making an audiobook for you that, if one of these voices is used, you allow us to give that voice provider a copy of the audiobook free of charge.
Voice Actors who appear on our website as providers of Real Voices have agreed with us to produce voice files of speeches or narration appearing in the manuscripts which we are converting into audiobooks. Voice Actors have agreed to work for us on a fixed fee basis to include all media rights in the voice files they produce. We cannot guarantee that all the Voice Actors appearing on our website are able and willing and available to make the required voice files at the time that they are required. The provision of Real Voices will result in an Extra charge which we shall quote to the Customer before the work is undertaken.
The Voices of our Voice Actors may not be cloned or replicated or reproduced in any way, nor decompiled or used except in the completed audiobook. No Voices, Real or AI may be reverse engineered, stored or introduced into any information storage and retrieval system in any form or by any means whether electronic now known or hereafter invented, save as part of the completed audiobook.
Where you allow us to clone your voice, you have conclusively given us permission clone it upon the following terms:-
(A) You and your heirs may never withdraw that permission under any circumstances where your cloned voice forms part of a completed audiobook or an audiobook on which we are working.
(B) In other circumstance, you may withdraw your permission by giving us 12 months advance notice, accompanied by proof of identity reasonably satisfactory to us, and exclusively delivered to info@firstaudiobooks.com. The date of the withdrawal shall be 12 months from the date we acknowledge receipt of your withdrawal e-mail.
(C) If you have allowed us to clone your voice pursuant to a promotion, such as when we offer to provide you with a copy of every audiobook in which we have used your cloned voice, and/or to pay you a fee as soon as your cloned voiced has been used in a specified number of different audiobooks, then in those circumstance you will be conclusively deemed to have licensed to us your voice in perpetuity for use in connection with audiobooks and shall not be entitled to terminate the licence or demand further compensation. We will automatically notify you if your voice is used for 10 or more audiobooks, and request instructions as to where to pay any reward to which you have become entitled. In relation to our offer of a free copy of an audiobook in which your voice is used, you will need to keep in touch with us and enquire from time to time as to whether your voice has been used and we will only provide your copy audiobook if requested by you in your enquiry. In any event the obligation to provide a free copy of each audiobook in which your voice appears shall cease once it has appeared in 10 audiobooks and we have paid you the cash reward due when that number is reached.
(D) We are conclusively entitled to assume, and shall assume, that you are of an age and capacity to enter into an agreement with us and or those entitled to give permission on your behalf have conclusively done so and are aware of and have agreed to these terms and conditions.
(E) At all times and in all circumstances, we have absolute discretion as to the content of audiobooks of which your voice forms part or is intended to form part. You are not entitled to raise any objection on any ground whatsoever as to the nature, content, or otherwise in relation to the audiobooks we make. We are not obliged and will not consult your actual or presumed wishes in this respect.
Our Website allows you to purchase production services and obtain the final product via digital download your account with us. We accept no responsibility for files or materials accessed by a 3rd party after we have notified you where to download the files created for the Project.
It is understood that all estimates we give to you are free of charge and will remain valid for 30 days from their issue date, time being of the essence.
Once the Quotation we provide you has been accepted by you, we will normally demand a deposit, normally of 25%, before any work commences, to cover our charge for work in relation to processing the manuscript. Payment for this must be made before we carry out any work. Once the processed manuscript has been accepted by you, you must then pay the remaining amount of the Quotation before we can proceed to the next step, where you choose the Voices from our library and we then produce the audiobook. If at any stage you request Extras, we may accept or decline to do them at our entire discretion. If we choose to do them we shall provide you with a Quotation for the Extras and this must be paid in full by you before we start work on the Extras. All our Quotations are predicated on the use of AI Voices in our voice library. If you require Voice file of all or part of the text of the manuscript to be voiced by Voice Actors, this can only be done for an additional charge as an Extra, the amount of which will be quoted to you before you authorise the work. Usually Voice Actors will be available to amend or correct any voice files they produce, but we cannot guarantee this, not can we guarantee that they will be available to voice text for the same characters in sequels or related works. All payment transactions are processed through a gateway provider and are not stored or processed on our server.
During your Project, we may at our discretion and without being under any obligation so to do, embed a sound or visual watermark in sound recordings, videos, or other media. This is to ensure the files do not get circulated or released mistakenly.
Our services are the provision to you of electronic non-physical or irreversible goods and cannot be physically returned or exchanged after being provided to you. We shall complete the creation of the audiobook in accordance with our understanding of your instructions as delivered to us before we commence work and consequently we are not able to make any refund of monies paid by you to us. We will consider any amendments requested by you to the audiofile as Extras after it has been made available for download by you but are not obligated in any way to make the amendments. We may at our sole and absolute discretion offer to make the amendments in return for a charge, in which case we will submit an estimate, which must be approved and paid in full before any work is done. All further amendments, including amendments of amendments, shall be considered by us in the same way and without any obligation to carry them out.
Where as part of the project you are requested to provide information you must do so in a timely manner and within 14 days of the request being made by us to you, time being of the essence. If you fail to provide the information, or fail to provide it within the time limited, we shall be entitled to proceed as we think fit in our absolute discretion. Instructions given by you cannot be countermanded once given. Notwithstanding the foregoing if you fail to respond within 30 days of being given notice to that effect by us, time being of the essence, all payments made by you to us shall be forfeited to us and we shall be entitled thereupon to destroy or delete all information we hold in relation to your account and to thereupon close your account.
We shall consider any requests made by you for Extras or variations in your instructions or in the files created by us but shall be under no obligation to comply with them or any of them. If we agree, at our discretion, to make variations or carry out Extras we may require additional compensation before carrying out the work.
In addition and not in substitution for all other remedies available to us pursuant to these terms and conditions, if at the expiration of six calendar months from the commencement of the Project we are unable to deliver the Project owing to your failure to provide information in a timely manner or at all or otherwise through circumstances beyond our reasonable control, we shall be under no further obligation whatsoever and any money paid by you shall be forfeited to us and we shall be entitled without notice to destroy any material given to us by you or on your behalf and close your account.
All turnaround times stated on our website or by e-mail or otherwise communicated to you are only an estimation. In any event, the turnaround time may be extended at any time after purchase. Rush Delivery may or may not be available.
We will usually store your completed audiobook for up to six months from delivery, after which we shall be at liberty to delete it from our system without notice to you. In no case shall we be liable if the audio book file is corrupted or deleted after delivery to you.
The copyright and title to the completed audiobook shall belong to you only after payment in full of out Quotation and all Extras. However, we retain copyright in the voice files used to create the audiobook to the extent necessary to prevent the voice files being used for any purpose other than as part of the completed audiobook and in particular to prevent use of the Voices for any other purposes whatsoever other than as part of the completed audiobook.
The Producer reserves the right, but not the obligation, to terminate your right to access your Account and/or any material created as or as part of the Project if The Producer determines in its sole and absolute discretion that you are involved in any activity that may be infringing copyright, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Producer endeavours to accommodate and does not interfere with standard technical measures used by copyright owners to protect their materials. The Producer may implement procedures for receiving written notification of claimed infringements and for processing such claims.
If you believe that anything on the Website or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email to info@firstaudiobooks.com.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Producer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website or in relation to the Services; (iv) your address, telephone number, and email address;
(v) 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; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
So far as allowed by law, we do not accept any liability for the acts or omissions of third parties contracted by us to provide services in connection with the creation of audiobooks and in the event that we are deemed to be liable for any act or omission whatsoever, that liability shall not exceed the amount of money as cleared funds that you have paid to us.
As used in this Privacy Policy, the Service provided by Firstaudiobooks Ltd refers to all websites, mobile sites, applications, and other properties or services owned or operated by us. By accessing and/or using our Website or any app product or service available on or through this Website, you are accepting the practices described in this Privacy Policy and in the Terms of Use. We strongly believe in keeping your personal information confidential. The following policy describes what information we collect and how it is used and shared.
When you register with us and use the Service, you generally provide your name, e-mail address, geolocation, phone number and other information.
In addition, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Service.
We may work with analytics companies to help us understand how the Service is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the app which helps us make the app experience better.
We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
List of 3-rd party networks, which are used to promote our app (including, but not limited to):
Third-party (including, but not limited to) analytics software, which collect and use information from our app to analyse advertising and users behaviour inside our app:
You agree that in order to provide services to you which you have requested including relevant content and advertising, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including OpenUDID, Advertising Identifier, Advertising ID, IDFA, IDFV, vendor ID for iOS platform, Mac address, IMEI, Android ID for Android platform, ODIN1 for OS X, information about your device systems, application software and peripherals, and the country setting on the device.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our service. Please be aware that, although we endeavour provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. You understand and acknowledge that the submission of any such information by you via the Internet or posting it on non-public (restricted or private) pages is at your own risk.
This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. Any changes made to our privacy policy will be published on this page, containing the “last updated” date.
By using the Service, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing, means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.
If you have any questions regarding privacy while using the app, or have questions about our practices, please contact us via email at info@firstaudiobooks.com.
If you’re based in the EU/EEA or UK then please note that Firstaudiobooks Ltd, which processes the personal data of individuals in the European Union, European Economic Area and/or UK, in either the role of ‘data controller’ or ‘data processor’, has appointed Data Rep as its Data Protection Representative for the purposes of GDPR * in the EU/EER and The Data Protection Act 2018 (as amended) in the UK.
If Firstaudiobooks Ltd has processed or is processing your personal data, you may be entitled to exercise your rights under GDPR in respect of that personal data. For more details on the rights you have in respect of your personal data, please refer to the European Commission (https://ec.europa.eu/info/lla_w/law_topic/data-protection/data-protection-eu_en) or the national Data Protection Authority in your country.
Firstaudiobooks Ltd takes the protection of personal data seriously, and has appointed DataRep as their Data Protection Representative in the European Union so that you can contact them directly in your home country. DataRep has locations in each of the 27 EU countries, the UK, and Norway & Iceland in the European Economic Rrea (EER), so that Firstaudiobooks Ltd’s customers can always raise the questions they want with them.
If you want to raise a question to Firstaudiobooks Ltd, or otherwise exercise your rights in respect of your personal data, you may do so by:
PLEASE NOTE:When mailing inquiries, it is ESSENTIAL that you mark your letters for ‘DataRep’ and not ‘Firstaudiobooks Ltd’, or your inquiry may not reach us. Please refer clearly to Firstaudiobooks Ltd in your correspondence. On receiving your correspondence, Firstaudiobooks Ltd is likely to request evidence of your identity, to ensure your personal data and information connected with it is not provided to anyone other than you.
If you have any concerns over how Data Rep will handle the personal data we will require to undertake our services, please refer to our privacy notice at www.datarep.com/privacy-policy.
These are our contact addresses:-
| Country | Address |
|---|---|
| Austria | DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria |
| Belgium | DataRep, Rue des Colonies 11, Brussels, 1000 |
| Bulgaria | DataRep, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria |
| Croatia | DataRep, Ground & 9th Floor, Hoto Tower, Savska cesta 32, Zagreb, 10000, Croatia |
| Cyprus | DataRep, Victory House, 205 Archbishop Makarios Avenue, Limassol, 3030, Cyprus |
| Czech Republic | DataRep, Platan Office, 28. Října 205/45, Floor 3&4, Ostrava, 70200, Czech Republic |
| Denmark | DataRep, Lautruphøj 1-3, Ballerup, 2750, Denmark |
| Estonia | DataRep, 2nd Floor, Tornimae 5, Tallinn, 10145, Estonia |
| Finland | DataRep, Luna House, 5.krs, Mannerheimintie 12 B, Helsinki, 00100, Finland |
| France | DataRep, 72 rue de Lessard, Rouen, 76100, France |
| Germany | DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany |
| Greece | DataRep, Ippodamias Sq. 8, 4th floor, Piraeus, Attica, Greece |
| Hungary | DataRep, President Centre, Kálmán Imre utca 1, Budapest, 1054, Hungary |
| Iceland | DataRep, Kalkofnsvegur 2, 3rd Floor, 101 Reykjavík, Iceland |
| Ireland | DataRep, The Cube, Monahan Road, Cork, T12 H1XY, Republic of Ireland |
| Italy | DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio, 00144, Italy |
| Latvia | DataRep, Viale Giorgio Ribotta 11, Piano 1, Rome, Lazio, 00144, Italy |
| Liechtenstein | DataRep, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria |
| Lithuania | DataRep, 44A Gedimino Avenue, 01110 Vilnius, Lithuania |
| Luxembourg | DataRep, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre, Luxembourg |
| Malta | DataRep, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta |
| Netherlands | DataRep, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta |
| Norway | DataRep, C.J. Hambros Plass 2c, Oslo, 0164, Norway |
| Poland | DataRep, Budynek Fronton ul Kamienna 21, Krakow, 31-403, Poland |
| Portugal | DataRep, Torre de Monsanto, Rua Afonso Praça 30, 7th floor, Algès, Lisbon, 1495-061, Portugal |
| Romania | DataRep, 15 Piaţa Charles de Gaulle, nr. 1-T, Bucureşti, Sectorul 1, 011857, Romania |
| Slovakia | DataRep, Apollo Business Centre II, Block E / 9th floor, 4D Prievozska, Bratislava, 821 09, Slovakia |
| Slovenia | DataRep, Trg. Republike 3, Floor 3, Ljubljana, 1000, Slovenia |
| Spain | DataRep, Calle de Manzanares 4, Madrid, 28005, Spain |
| Sweden | DataRep, S:t Johannesgatan 2, 4th floor, Malmo, SE – 211 46, Sweden | Switzerland | DataRep, Leutschenbachstrasse 95, ZURICH, 8050, Switzerland |
| United Kingdom | DataRep, 107-111 Fleet Street, London, EC4A 2AB, United Kingdom |
Except in case of intentional and gross misconduct our liability to you shall be limited to a refund of any amount paid by or on your behalf to us and received as cleared funds by us. In case of such claim you must immediately cease making use of any work done by us for you.
These terms constitute the entire agreement between the Parties and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, unless specifically mentioned in our Quotation to you. If there is something on which you later wish to rely, you must ensure that it is clearly described in our Quotation, before you accept it. If we do any work for you we shall be conclusively entitled to assume that you have accepted our Quotation.
These Terms & Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of England. You irrevocable agree to accept the exclusive jurisdiction of the courts of Gibraltar. You also irrevocably agree that service of process and notices may be made to the e-mail address you specified as your e-mail address when opening your account, or to any subsequent e-mail address notified to us at info@firstaudiobooks.com.
Dated: 21 November 2024.