Terms of Use
From voicebell
All visitors to and users of any aspects of the voicebell Site (collectively, "Users") are bound by our Terms of Service.
These Terms of Service set out the legally binding terms with respect to your use of the voicebell Site. Please read these Terms of Service carefully. Your access to and/or use of the voicebell Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the voicebell Site.
Eliibility
voicebell is not targeted towards, nor intended for use by, anyone under the age of 18. By using the voicebell Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for voicebell. In the event we become aware you are under 18, we will terminate your registration.
Changes to the voicebell Site
You agree and understand that the voicebell Site, including any and all features available via the voicebell Site and any User Content (as defined below), may be modified by voicebell, in voicebell' sole discretion, at any time without prior notice. Unless expressly stated otherwise by voicebell, any new features, new services, enhancements or modifications to the voicebell Site implemented after your initial access to the voicebell Site shall be subject to these Terms of Service. Notwithstanding the foregoing, voicebell does not actively monitor, and undertakes no obligation to monitor or modify, any reviews, information, content, data, text, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the voicebell Site by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, voicebell reserves the right to investigate and take appropriate action, including legal action, in its sole discretion, against anyone who violates these Terms of Service, including without limitation, removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators' use of the voicebell Site.
Registration
In order to access some features of the voicebell Site, you may be required to register with voicebell and to select a password and user name, which shall consist of an email address you provide to voicebell and/or a screen name ("User ID"). If you register, you agree to provide voicebell with accurate and complete registration information, and to inform voicebell immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, voicebell reserves the right to refuse registration of, or cancel a User ID in its discretion.
Security
You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the voicebell Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify voicebell of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the voicebell Site solely for your personal, non-commercial use. For example, you may use the voicebell Site to solicit reviews from, and share reviews with, other Users, and to search the voicebell Site for reviews and business or product information. You may also invite people you know to join voicebell. You acknowledge and agree that voicebell does not control the User Content posted to the voicebell Site, including the content of any messages or reviews and does not guarantee the accuracy, integrity or quality of such User Content. You further understand and agree that (i) voicebell does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the voicebell Site, or (ii) make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the voicebell Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of voicebell. You understand that, by using the voicebell Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL voicebell BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell rent, license or in any way commercially exploit any portion of the voicebell Site, except and to the extent expressly permitted under these Terms of Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the voicebell Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the voicebell Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- reformat or frame any portion of any web pages that are part of the voicebell Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the voicebell Site;
- submit to the voicebell Site any content that falsely states or implies that such content is sponsored or endorsed by voicebell;
- transmit or upload to the voicebell Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the voicebell Site, any other web site, or any computer or other device or system, or the enjoyment of the voicebell Site by any User;
- use the voicebell Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the voicebell Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the voicebell Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the voicebell Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the voicebell Site or voicebell' IT infrastructure;
- use the voicebell Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the voicebell Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
- You understand and agree that voicebell does not monitor but reserves the right to review and delete any User Content that, in the sole discretion of voicebell, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you post, publish or display on the voicebell Site or transmit to Users, including your ratings and reviews posted on the voicebell Site. voicebell reserves the right, but undertakes no obligation, to monitor disputes between you and any entity or individual you have reviewed.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the voicebell Site any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the voicebell Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) voicebell, its contractors and partners an irrevocable, perpetual, non-exclusive, royalty-free, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to voicebell any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the voicebell Site.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the voicebell Site. You may not post any content that:
- is patently offensive to users of the voicebell Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Copyrights
If you believe any User Content or any other aspect of the voicebell Site infringes your copyright, you should send written notice of copyright infringement to voicebell' Copyright Agent at the following address. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and email 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
voicebell' Copyright Agent for notice of claims of copyright infringement on the voicebell Site can be reached as follows:
voicebell
3420 Wilkes Drive
Naperville, IL - 60564.
Privacy
Use of the voicebell Site is also governed by our Privacy Policy.
Ownership
As between you and voicebell, the voicebell Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the voicebell Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by voicebell or its licensors. As between you and voicebell, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of voicebell or any of its licensors. voicebell, and other marks displayed on the voicebell Site are the proprietary service marks or trademarks of voicebell or its licensors. voicebell' trademarks may not be used in connection with any product or service that is not voicebell', in any manner that is likely to cause confusion among consumers, or to disparage or discredit voicebell. All other trademarks not owned by voicebell that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by voicebell. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the voicebell Site without the express written permission of the trademark owner.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of voicebell.
Disclaimer
The Site includes unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. The content is the opinion of the specific author and are not statements of advice, opinion, or information of the Site or any or any Site-affiliated person or entity.
Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Site or any Site-affiliated person or entity.
The Site and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE voicebell SITE, AND ANY USER CONTENT, REVIEWS, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE voicebell SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED BY voicebell ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, voicebell MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE voicebell SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT PROVIDED VIA THE voicebell SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE voicebell SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addtion, voicebell does not represent or warrant that the information and content resulting from the voicebell site is accurate, complete or current AND voicebell is not responsible for any erros or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance ON ANY ASPECT OF THE voicebell SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE voicebell SITE. FURTHER, voicebell MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE voicebell SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM voicebell OR THE voicebell SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation on Liability
IN NO EVENT SHALL voicebell OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF voicebell OR ITS AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE voicebell SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE voicebell SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION (AS DESCRIBED IN THE PRIVACY POLICY), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, voicebell' TOTAL MAXIMUM LIABILITY IN RESPECT OF THE USE OR EXPLOITATION OF ALL OR ANY PART OF THE voicebell SITE, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND/OR OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE voicebell SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED ($100.00) UNITED STATES DOLLARS. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You agree to indemnify and hold voicebell and its affiliates, and the directors, officers, employees, agents and representatives of voicebell and its affiliates, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the voicebell Site, (ii) your use of the voicebell Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
voicebell may display on the voicebell Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. voicebell is not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by voicebell of the advertisement or linked site or any content therein. IN NO EVENT WILL voicebell BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE voicebell SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms of Service
voicebell reserves the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the voicebell Site after any modifications indicates your acceptance of the modified Terms of Service.
Miscellaneous
Any dispute relative to the voicebell Site or use or inability to use the voicebell Site will be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts located in Chicago, Illinois. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and you do not have any authority of any kind to bind voicebell in any respect whatsoever. voicebell may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail and/or postings on the voicebell Site. These Terms of Service, accepted upon use of the voicebell Site constitute the entire agreement between you and voicebell regarding use of the voicebell Site. The failure of voicebell to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with voicebell' prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include voicebell' Privacy Policy, and any notices regarding the voicebell Site.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to support AT voicebell DOT com.
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