Terms of Use
The Voicepic Service is provided by UIEvolution. These Terms of Use govern your use of Voicepic Service (the “Services”). By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services. These Terms of Use constitute a binding legal agreement between you and UIEvolution (“UIE”). Please read them carefully before using the Services.
Basic Terms
You agree not to use the Site or the Services to:
- 1. Upload, post, e-mail, or otherwise transmit any Public Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses, and URLs) without permission from the owner of such information, or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- 2. Harm minors in any way or post Public Content that in any way refers to person(s) under 18 years of age;
- 3. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- 4. Upload, post, e-mail, or otherwise transmit content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 5. Upload, post, e-mail, or otherwise transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- 6. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, links, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
- 7. Upload, post, e-mail, or otherwise transmit 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;
- 8. Interfere with or disrupt the Services;
- 9. Intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
- 10. Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, or scripts); or
- 11. Frame the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
You agree with the following matters.
- 1. You agree that you will need Facebook account, Twitter account or Email address to use Voicepic. In the event that you delete your account, the Voicepic contents which you posted will not be deleted.
General Conditions
- 1. You must be 15 years of age or older to use the Services.
- 2. We reserve the right to modify these Terms of Use at any time at our sole discretion.
- 3. We reserve the right to terminate the Service for any reason, without notice at any time.
- 4. We reserve the right to refuse service to anyone for any reason at any time.
- 5. We may review and delete Content, in whole or in part, that in the sole judgment of UIE violates these Terms of Use or that might be offensive, illegal, or might violate the rights of or harm any third parties. We reserve the right to refuse or delete any Content.
- 6. Under no circumstance will UIE or its stockholders, directors, officers, employees, agents, representatives, partners or affiliates be held liable for any loss or damage caused by your reliance on Content obtained through the Site or the Service.
- 7. We do not guarantee any confidentiality with respect to the submission or distribution of any Content.
Proprietary Rights in Content on the Service
- 1. Except for the license granted in these Terms of Use, you will retain all of your ownership rights in your Content. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to UIE a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. Also you grant to other user or visitor who access your posted content a non-exclusive, fully paid and royalty-free, worldwide, limited license to share it to as exemplified by their Facebook, Twitter and email.
- 2. Some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that UIE may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you.
- 3. You shall be solely responsible for your own Content and the consequences of posting and publishing them. By posting or providing Content, you represent and warrant that posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party and that you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the Content in the manner contemplated by these Terms of Use.
- 4. The Services contain Content of Voicepic ("Voicepic Content"). Voicepic Content is protected by copyright, trademark, patent, trade secret and other laws, and UIE owns and retains all rights in the Voicepic Content and the Services. UIE hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Voicepic Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
- 5. The Services contain Content of Users and other UIE licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Contents appearing on or through the Services.
- 6. UIE performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Services.
- 7. Although the Site and the Services are normally available, there will be occasions when the Site or the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of UIE. Deleted content may be stored by UIE in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, UIE encourages you to maintain your own backup of your Content. UIE will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
Limitation on Liability
UIE AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. UIE AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. UIE’S AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, AGENTS’, AND REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, THE SITE, OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE.
YOU SPECIFICALLY ACKNOWLEDGE THAT UIE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.