Terms of Use

Effective: May 21, 2024

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Voiced Media, Inc. (hereinafter "VOICED") and you, the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of the website www.voiced.media and/or related software applications ("Website" or "Websites" or "Site" or “App”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER VOICED SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU RESIDE WITHIN THE EUROPEAN UNION, DO NOT USE THE WEBSITE.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. VOICED RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT VOICED'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

ANY DISPUTE PERTAINING TO THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO THE ARBITRATION CLAUSE CONTAINED HEREIN.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.voiced.media/terms-of-use.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.

You understand that you may receive business-related communications from VOICED such as service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Website you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that VOICED shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE WEBSITE. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS WEBSITE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY MINORS.

Applicable Use of Site

You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of The Websites, you warrant to VOICED that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

Use Limitation

You agree not to, without the express prior written consent of VOICED:

  1. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the Site that you do not own;
  2. use the Content or any services provided by the Site that you do not own; or
  3. provide access to the Content or any service provided by the Site that you do not own.

You agree to not use any of the Websites if you are a citizen of, or reside within, the European Union.

No Co-Branding or Framing

You may not use or authorize any party to co-brand or frame any the Websites without the express prior written permission of an authorized representative of VOICED in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any VOICED webpage within a bordered area of another website, regardless of whether the address of the originating VOICED Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from VOICED.

No Unlawful Access

You agree that you will not use the Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.

Proprietary Information

All content found on the Websites (the "Content") is considered the copyrighted and trademarked intellectual property of VOICED, or of the party that created and/or licensed the Content to VOICED. No rights or title to any of the Content contained on any VOICED Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of VOICED in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

Hyperlinking

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, VOICED. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or VOICED. VOICED has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a VOICED Website to another web page should be accessed at the User's own risk. VOICED makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

Use of Communication Services.

The Websites may contain posts, forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

  1. you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
  2. advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
  3. is vulgar, obscene, pornographic, incendiary, or indecent;
  4. threatens or abuses others;
  5. is libelous or defamatory towards others;
  6. is racist, abusive, harassing, threatening or offensive;
  7. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
  8. harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
  9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
  10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
  11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
  12. solicits funds, advertisers or sponsors for any purpose;
  13. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
  14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
  15. amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
  16. disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
  17. contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither VOICED nor any third party that provides Content to VOICED will assume or have any liability for any action made by VOICED or such third party with respect to any submission.

You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.

The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

Right to Terminate Access

VOICED reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. VOICED reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Additionally, VOICED reserves the right to seize your user name without notice for any reason or no reason.

In the event that Your use of the Website is terminated, no refunds for any fees paid shall be granted.

Disclosure Under Law

VOICED reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Personally Identifiable Information

VOICED cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, VOICED agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at https://voiced.media/privacy-policy, as well as in conformance with all applicable laws, rules, and regulations.

Advertising

Some of links on the Website are part of advertising marketing programs, meaning that we are compensated by third parties whose products are advertised on the Website. This compensation impacts where reviews and offers appear, with higher paying partners appearing higher on a page or in a more prominent position.

No promotion of products or services should be construed as an endorsement or guarantee of any kind. We do the best we can to make sure that the information we rely upon for advertisements is true and current, but we cannot and will not warrant that it actually is, or that we have not been confused or misled before or after publication.

Any service or product not offered by VOICED is subject to its own terms and conditions, including about how they may use the information you provide to them, which should be provided by the company through which you are receiving the product or service, and any use of a product or service not offered by VOICED is done so at your own risk.

Disclaimer & Limitations on Liability

You understand that VOICED cannot and does not guarantee or warrant that files available for downloading from the Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. VOICED further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VOICED DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VOICED DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY VOICED WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOICED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VOICED MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VOICED MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

VOICED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VOICED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VOICED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VOICED FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD VOICED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

Trademarks and Copyrights

Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of VOICED or the party that provided the Intellectual Property to VOICED. VOICED and any party that provides Intellectual Property to VOICED retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, VOICED may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, VOICED reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. VOICED reserves the right to investigate suspected violations of these Terms of Use. VOICED reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VOICED to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD VOICED HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VOICED DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VOICED OR LAW ENFORCEMENT AUTHORITIES.

Disputes/Arbitration

Any and all matters of dispute between You and VOICED, whether arising from or related to the Agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless You and VOICED expressly agree otherwise in writing. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within thirty (30) days after the dispute has arisen, time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a You, will apply to any arbitration or reference proceeding hereunder. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated and conducted in New York, New York. Said arbitration will occur within thirty (30) consecutive days after You deliver the written demand on the VOICED, unless You and VOICED mutually agree otherwise in writing. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on both You and VOICED, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of both You and VOICED, no arbitration arising out of or relating to this Agreement or use of the Website, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises. The arbitration agreement herein between You and VOICED will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither You nor VOICED will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.

Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.

ANY TESTIMONIAL OR SUCCESS STORY POSTED ON THE SITE MAY BE FICTIONALIZED AND SHOULD NOT BE VIEWED AS EXPECTED RESULTS.

NOTHING ON THIS WEBSITE SHOULD BE CONSIDERED INVESTMENT ADVICE.

Miscellaneous

(a) If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

(b) You agree that no joint venture, partnership, employment, or agency relationship exists between you and VOICED as a result of this Agreement or use of the Websites.

(c) These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and VOICED with respect to the Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. VOICED may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

(d) The failure of VOICED to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by VOICED must be in writing and signed by an authorized representative of VOICED.

(e) The section titles in the Agreement are for convenience only and have no legal or contractual effect.