These terms (the "Terms") govern any use by you of VoiceReact.com (the "Site") and all of the products, software, services, and web sites (collectively, the "Services") offered by Inyxception Enterprises, Inc. (the "Company").
By accessing the Site and/or using any of the Services, you agree to be bound by all of the Terms and Conditions of this Agreement. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein. The Company reserves the right to modify these Terms, at its sole discretion, with or without notice to you.
1. Description of Services
- The Services include access to a collection of resources, including various communications tools, and personalized content which may be accessed through any various medium or device now known or hereafter developed.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
- You agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms (b) the Site's community guidelines and (c) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting of the foregoing, minors not over 13 years of age may not use the Services without the supervision of a responsible adult.
You agree that you will not engage in any activity that, in the Company's sole judgment, interferes with or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site or the quiet enjoyment of others on the Site. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Services, your account details or any files or other Content (as defined in Section 4) contained in your account.
By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate. The Company reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.
You are solely responsible for maintaining the confidentiality of any password associated with any account you use to access the Services and for any and all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security you must notify the Company immediately at www.voicereact.com/contact/.
The Company may access, preserve, and/or disclose your account information, and/or Content (defined in Section 4) if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the Company, its users, and/or the public.
Without limiting any other provision of these Terms, you agree that you will not:
- upload, post, email, transmit or otherwise make available any Content (as defined in Section 4) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Service;
- upload, post, email, transmit or otherwise make available any Content (defined in Section 4 below) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users' quiet enjoyment of the Services;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;
- Set up additional account(s) to be used for deceptive purposes or otherwise ("Duplicate Accounts").
- In addition to the above, your access to and use of the Services must, at all times, be compliant with our Terms.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
- VoiceReact Content
The Company is not responsible for any information, data, text, photographs, graphics, audio, messages, tags, or other material (collectively referred to herein as "Content") posted by Users of the Site. The Company makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service
You are solely responsible for any Content posted by you on the Site or offered by you through a Service, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give the Company a license to publish and distribute such Content though the Services and to incorporate such Content into other works in any format or medium now known or later developed. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; the Company shall have no obligation to do so on your behalf.
Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audio clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (eg, you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Company shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation or guideline, or that it deems offensive, in its sole discretion.
With respect to any Content that you have submitted to the Site, you have the right to request the Company remove such Content, thus revoking any rights the Company has with respect to such Content. Requests of this kind are to be submitted to www.voicereact.com/contact/.
- User Submitted Content
Users of the Services may be permitted to upload, post or otherwise make available content through the Services including, without limitation, any text, photographs, user sound recordings and the musical works embodied therein, including audio that incorporates locally stored sound recordings from your personal music library and ambient noise ("User Content"). Users of the Services may also overlay music onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at Section 3 above. You may also choose to upload or transmit your User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in this Section 4 above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services .
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to Use your User Content without the obligation to pay royalties to any third party
If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
In certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out at Section 3 above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
Your User Content is made publicly available on the Services to all other users of the Services.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users, please contact us at www.voicereact.com/contact/.
VoiceReact takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is VoiceReact's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
- we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
- and You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
5. Dealings with Advertisers and/or Other Users
- You may be exposed to advertising on the Site or through a Service or related communication from the Company. The Company may also provide one or more Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Site or Service.
- BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE THE COMPANY (AND ITS AGENTS AND EMPLOYEES) 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.
- The Company urges you and all users to cooperate with each other and to resolve any such disputes.
6. Use and Storage of Information
- You acknowledge that the Company may establish general practices and limits concerning use of the Site and/or any Service, including without limitation, the maximum number of days that messages, posts or other uploaded Content will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to posts, messages or other Content maintained or transmitted by a Service.
- You acknowledge and agree that the Company may access, preserve, and disclose your account information, and/or Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your request for customer services; or (e) protect the rights, property, or personal safely of the Company, its users, and the public.
- You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of any Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another user.
8. Termination of Your Account
- By the Company. You agree that the Company may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to any Service indefinitely or for a set period of time. A termination of an account, whether temporarily or permanent, may include limitations to accessing any Service(s), but your profile, including your posts, will not be deleted unless you instruct the Company to remove your profile. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by the Company shall be at the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your account, any associated Content, or access to a Service.
- By You. You may terminate your account and delete your account data at any time for any reason by navigating to your profile page, and using the "delete account" on the page.
9. Disclaimer of Warranties.
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Service are provided on an "AS IS" and "AS AVAILABLE" basis. The Company 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, title and non-infringement.
- The Company makes no warranty that (i) a Service will meet your requirements; (ii) a Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through a Service will meet your expectations; and (v) any errors in the Site, a Service or any software will be corrected.
- Any material downloaded or otherwise obtained through the use of a Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in these Terms.
10. Limitation of Liability
- THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE ANY SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Copyright 2020, VoiceReact.com, Inyxception Enterprises, Inc. ("VoiceReact"). All Rights Reserved. All Content Copyright and other rights reserved by its Respective Owners. No Content May Be Duplicated Without Express Written Consent.
Any content, trademark(s), or other material that may be found on the VoiceReact website that is not VoiceReact's property remains the copyright of its respective owner(s). In no way does VoiceReact claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner.
- Digital Millennium Copyright Act (DMCA)
VoiceReact respects the intellectual property of others, and we ask our users to do the same. VoiceReact may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that the Company or any user of VoiceReact.com has infringed your copyright in any material way, please notify us at www.voicereact.com/contact/ and provide the following information:
- An identification of the copyrighted work that you claim has been infringed.
- An identification of the material on www.voicereact.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
- Your name, address, telephone number and e-mail address.
- 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.
- A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Your physical or electronic signature.
- Entire Agreement. These Terms and any agreements, guidelines, policies etc, incorporated by reference herein or applicable to particular Services constitute the entire agreement between you and the Company and govern your use of the Services and Content, superseding any prior agreements between you and the Company with respect to the Services and Content.
- Proprietary Rights. You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part.
- Unless you have agreed otherwise in writing with the Company, nothing in these Terms gives you a right to use any of the Company's trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
- Without limiting the foregoing, the VoiceReact logo, trademarks, and any other service marks and other Company logos and product and service names are trademarks of the Company. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- Governing Law. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and the Company, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Company in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of California shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
- Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any provision of these 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 shall remain in full force and effect.
- Links/Other Web Sites. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your ID, or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- Notice. Any notice under this Agreement shall be sent to www.voicereact.com/contact/
- Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Service or these Terms must be filed within one hundred and eighty (180) days after such claim or cause of action arose or be forever barred.
- Severability. If any one or more of the provisions in this Agreement are deemed void as a matter of law, then the remaining provisions will continue in full force and affect.
- Service Levels. The Company does not guarantee continuous, uninterrupted or secure access to the Service or the Site.
- Headings. Section headings are included in the Agreement for convenience only. They are not to be considered a part of this Agreement, and are not intended to be a full and accurate description of the contents hereof.
- Additional Acknowledgments. You acknowledge that: (a) You are entering into this Agreement voluntarily and without any duress or undue influence; (b) You have carefully read this Agreement and fully understand its terms, consequences, and binding effect; (c) You have sought the advice of an attorney of Your choice if so desired prior to entering into this Agreement; and (d) You understand that by performing under this Agreement, You agree to be bound by its the terms.