Welcome to the Voicewalk, Inc. ("VOICEWALK" or "voicewalk.net" or "we" or "us") website at voicewalk.net (the "Website").
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING, USING AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS" OR THIS "AGREEMENT"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products, services, and descriptions and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The performance of our products, however, will depend on your computer system and the computer systems of the visitors to our clients’ sites and we cannot guarantee the performance of such computer systems.
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, and information ("Materials"), are provided either by VOICEWALK or by its respective third party authors, developers and vendors ("Third Party Providers") and are the copyrighted work of VOICEWALK and/or its Third Party Providers. Except for "live browsing" of this websites, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of VOICEWALK or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Website without VOICEWALK's prior express written permission.
Except where expressly provided otherwise by VOICEWALK, nothing on this Website shall be construed to confer any license under any of VOICEWALK's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the Legal Contact Information section below if you have any questions about obtaining such licenses. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your obligation to comply with all applicable State, Federal and International laws.
You or We may suspend or terminate your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. We reserve the right, without prior notice and in our sole and absolute discretion, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer.
LINKS TO THIRD PARTY SITES
This Website may contain links to websites controlled by parties other than VOICEWALK. VOICEWALK is not responsible for and does not endorse or accept any responsibility for the content or use of these third party websites. VOICEWALK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VOICEWALK of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. Any link that encapsulates a login or password is to be used solely by You and You may not share the information or the "deep link" information with any person.
Except where expressly provided otherwise by VOICEWALK, all comments, feedback, information or Materials submitted to VOICEWALK through or in association with this Website ("Submissions") shall be considered non-confidential and VOICEWALK's property. By providing such Submissions to VOICEWALK, you agree to assign to VOICEWALK, as consideration in exchange for the use of this Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. VOICEWALK shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you , not VOICEWALK, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY VOICEWALK, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. VOICEWALK MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VOICEWALK RELATED TO ITS WEBSITE EXCEED TWENTY U.S. DOLLARS (U.S. $20). IN NO EVENT SHALL VOICEWALK OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF cCUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".
LICENSES FROM VOICEWALK
You are being granted solely a revocable, limited license, in compliance with these terms.
LICENSES FROM CUSTOMER
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter in to this Agreement. VOICEWALK warrants that it will provide the Website and all goods and services in a manner consistent with generally accepted industry standards. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement on such entity’s or individual’s behalf.
You shall defend and indemnify VOICEWALK and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against VOICEWALK or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you and/or your use of this Website. VOICEWALK shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which VOICEWALK controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
VOICEWALK may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in VOICEWALK's account information, or by written communication sent by first class mail or pre-paid post to your address on record in VOICEWALK's account information. You may give notice to VOICEWALK at any time by letter sent by confirmed facsimile to VOICEWALK, fax number (310) 481-3997 or by letter delivered by registered mail with return receipt to: Voicewalk, Inc., 269 South Beverly Drive #378, Beverly Hills, CA 90212 . All notices shall be deemed to have been given two days after mailing or 12 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, VOICEWALK complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to VOICEWALK’s designated agent via email at email@example.com or via registered US mail sent return receipt requested to DMCA Compliance Agent, c/o Voicewalk, Inc., 269 South Beverly Drive #378, Beverly Hills, CA 90212 , Attn: Legal Department.
This Agreement represents the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. VOICEWALK reserves the right to change these Terms at any time, and such changes will be effective upon being posted herein. Your continued use of the Website after any such changes shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any rights not expressly granted herein are reserved by VOICEWALK.
The Agreement and the relationship between you and VOICEWALK shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and VOICEWALK agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. You further agree that at the request of VOICEWALK or You, any controversy or claim related to this Agreement ("Claims") shall be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code). This will apply even though this Agreement provides it is governed by the laws of California if You or VOICEWALK decide to arbitrate any Claims hereunder.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact VOICEWALK at (310) 481-2222 or via e-mail at: firstname.lastname@example.org.
Copyright © 2013 Voicewalk, Inc., 269 South Beverly Drive #378, Beverly Hills, CA 90212 , Attn: Legal Department. All rights reserved.