Last Updated: July 11, 2011
2. The Site And The Services
3. Registration & Your Personal Information
4. Subscriptions & Payments
5. Your Responsibilities
You are responsible for all your uses of the Site and the Services and for all uses of your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen. You may notify us by clicking here. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
>Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services;
>Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services;
>Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;
>Reformat or frame any portion of the web pages that are part of the Site or the Services;
>Create user accounts by automated means or under false or fraudulent pretenses; or
>Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Additional Terms
8. User Content
Voxy assumes no responsibility for illegal, offensive or inappropriate User Content, which may be available on the Site or through the Services and no responsibility for the conduct of the submitting user. In addition, you agree as follows:
>You are solely responsible for your Published Content;
>You may not post, distribute, transmit or reproduce in any way any material subject to copyright, trademark or other third party proprietary rights without obtaining the prior written consent of the owner of such rights or any content which otherwise infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any third party;
>You may not provide any User Content that is unlawful or that promotes or encourages illegal activity;
>You may not provide any User Content that is pornographic, obscene, profane, sexually explicit, violent or otherwise patently offensive; and
>You agree that you will not upload User Content that purposely contains false, incomplete, inaccurate or misleading information.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation removing the offending User Content, terminating the membership of and blocking use of the Services and/or the Site by such violators, and/or reporting such content or activities to law enforcement authorities.
9. Proprietary Rights
Notwithstanding any other provisions contained herein, any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to Voxy shall become the property of Voxy or its designee. Voxy will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, Service, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services or operations. Without limitation, Voxy will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.
11. Copyright Dispute Policy
Voxy has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is our policy to (a) block access to or remove material that we believe, in good faith, to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringement
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
>A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
>Identification of works or materials being infringed;
>Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Rule the Sale is capable of finding and verifying its existence;
>Contact information about the notifier including address, telephone number and, if available, email address;
>A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
>A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Address for Designated Agent
Attn: Copyright Agent
85 East Tenth Street, #5M
New York, NY 10003
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS OR PLATFORMS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VOXY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. VOXY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
13. Liability Limitations
16. Entire Agreement, Waiver And Severability
17. Choice of Law & Dispute Resolution
20. Independent Contractors
The relationship between you and Voxy is one of independent contractors. Neither you nor Voxy will represent that you or it has any authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity, except as specifically provided herein.
Copyright © 2011 Voxy, Inc. All rights reserved.
Attn: Copyright Agent
85 East Tenth Street, #5M
New York, NY 10003