Terms of Service

Terms of Service

 Terms of Service

Effective Date – August 12, 2015

 

PLEASE NOTE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION

CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES

WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE,

YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ

IT CAREFULLY.

 

This Terms of Service (“TOS”) governs your use of the web properties owned and

operated by Voice Radio, LLC and its subsidiaries (collectively,

“Voice,” “we”, “us”, or “our”), including, websites, web pages, interactive features,

Voice Radio LLC, mobile applications (“Apps”), widgets, blogs, text message promotions,

or any website or online service that includes an authorized link to this TOS, and their

respective contents (collectively, the “Platforms”), whether accessed via computer,

mobile device or other technology..

By accessing or using the Platforms for any purpose, you understand, acknowledge and

agree, without limitation or qualification, to be bound by this TOS and the Voice

Privacy Policy. If you do not agree to the TOS and the Privacy Policy, do not use the

Platforms.

 

  1. General Eligibility:

You must be 18 years of age or older to visit or use the Platforms in any manner. You

represent and warrant to the Company that you are 18 years of age or older, and that

you have the right, authority, and capacity to agree to and abide by this TOS.

Additionally, our Platforms are designed and targeted to audiences in the United States

(“U.S.”) and are governed by and operated in accordance with the laws of the U.S. By

using the Platforms, you represent that you meet all eligibility requirements and will use

the Platforms in a manner consistent with any and all applicable laws and regulations.

 

  1. Changes to this TOS:

At any time Voice reserves the right, at our sole discretion, to change, modify or

otherwise alter these terms and conditions. Upon posting, any changes and/or

modifications shall become effective immediately. Please review this TOS periodically.

Your continued use of the Platforms following the posting of any changes will constitute

your acceptance of this TOS.

 

  1. Additional Terms:

Voice may provide additional rules or terms and conditions (“Additional Terms”) for certain activities on the Platforms including, without limitation, Apps, email services,

contests, sweepstakes, and auctions administered by Voice or in conjunction with

 

 

 

 

 

authorized third parties such as our vendors and suppliers that provide internal support

to our Platforms. This TOS is incorporated by reference into the Additional Terms, which

appear in connection with information about a particular activity. To the extent that any

conflict exists between this TOS and any Additional Terms, the Additional Terms for the

activity in which you choose to participate shall govern.

 

  1. Use of Materials Contained on The Platforms:

The content on the Platforms, including but not limited to text, graphics, images,

photographs, illustrations, trademarks, trade names, service marks, logos, audio and/or

video, photographs, graphics, product or program titles, software (including but not

limited to any images or files incorporated in or generated by the software or data

accompanying such software), information obtained from Voice’s licensors, and

other materials (“Voice Material”) is protected by copyright under both United States and foreign laws. Title to the Voice Material remains with Voice. Nothing stated or implied on the Platforms confers on you any additional license or right under any copyright, trademark, patent or other intellectual property right of Voice or any third party unless explicitly provided in this TOS. No Voice Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or recompiled, reverse engineered or disassembled, except as otherwise provided herein. You understand, acknowledge and agree that Voice hereby grants you a limited personal, non-exclusive, non-commercial, non-assignable and non-transferable license that authorizes you to use, display and make one copy of the Voice Material,

including posting on your Facebook page or other social networking sites, provided that

you retain all copyright, trademark and other proprietary notices contained in the original

Voice Material on any copy you may make of the Voice Material. You further agree

that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive,

modify, create derivative works from, publish by hard copy or electronic means, publicly

perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third

party or on any third party website, or otherwise use the Voice Material in any way for

any public or commercial purpose without the express approval of Voice. Modification

of or use of the Voice Material for any other purpose is a violation of Voice's or

such other sources' copyright, trademark and other proprietary rights. The use of any

Voice Material on any other website, networked computer environment, or other

digital technology without Voice's express written consent is prohibited.

 

  1. User Submissions:

The personal information you submit to Voice is governed by the Voice Privacy

Policy. To the extent there is an inconsistency between the TOS and the Privacy

Policy, the Privacy Policy shall govern.

 

Except as provided under Submission of Ideas (below), Voice does not claim

ownership of any information or material a user provides to Voice or posts, uploads,

input, submits, or transmits to the Platforms (“Submission”). Voice does not claim

 

 

 

ownership of any Submission on, to or through our Platforms, or any other material you

transmit, distribute, communicate or store on, to or through the Platforms. You will

continue to own any Submission or other material, if you are the lawful owner.

 

You agree that you will not make a Submission that is, in whole or in part, libelous;

scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar;

obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy;

hateful or bashing; aimed at gender, race, color, sexual orientation, national origin,

religious views, or disability; in violation of local, state, national, or international law; or

that infringes on, or violates, any right of any party. Additionally, you agree that you will

not: (a) make any Submission that is an advertisement or solicitation of business;

(b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic

being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or

pyramid scheme; impersonate another person; (d) distribute viruses or other harmful

computer code; (e) harvest or otherwise collects information about others, including

email addresses, without their consent; (f) post the same note more than once or

“spamming”; or (g) engage in any other conduct that restricts or inhibits any other

person from using or enjoying the Platforms, or which, in the judgment of Voice,

exposes Voice or any of its licensors, partners, or customers to any liability or

detriment of any type.

 

By making a Submission, you are granting Voice and our successors and assigns a

world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any

moral right) and fully sub-licensable license to use, reproduce, modify, adapt, publish,

translate, create derivative works from, distribute, perform and display such Submission

anywhere, for any purpose, and in any form, media or technology now known or later

developed. No compensation will be paid with respect to the use of your Submission.

Voice is free to use any ideas, concepts, know-how, or techniques contained in any

communication to the Platforms for any purpose whatsoever, including, but not limited

to, developing, manufacturing and marketing products using such information. We are

under no obligation to maintain any submission you make and may remove any

submission at any time in our sole discretion.

 

By making a Submission, you also warrant and represent that you own, license, or

otherwise lawfully control all of the rights to your Submission, and that our use of your

Submission will not infringe or violate the rights of any other person. You are solely

responsible for your submission, the consequences of making a Submission, and your

reliance on any Submissions. Voice is not responsible for the consequences of any

Submission. Voice is not responsible for screening or monitoring Submissions made

to the Platforms by users. If notified by a user of a Submission allegedly in violation of

this TOS, Voice may investigate the allegation and determine in good faith and its

sole discretion whether to remove such Submission. Voice will have no liability or

responsibility to users for performance or nonperformance of such activities.

 

Voice reserves the right (but is not obligated) to: (a) record the dialogue on the

Platforms; (b) investigate an allegation that a Submission does not comply with this

TOS and determine in its sole discretion to remove or request the removal of the

Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated,

or that otherwise fail to comply with this TOS; (d) terminate a user’s access to any or all

parts of the Platforms upon any breach of this TOS or the law; (e) monitor, edit, or

disclose any Submission; (f) edit or delete any Submission posted on the Platforms,

regardless of whether such Submission violates this TOS.

 

  1. Submission of Ideas:

Voice’s policy is to not accept or review unsolicited ideas or suggestions from

persons outside the company. Notwithstanding such policy, any ideas, suggestions,

know-how, or concepts that are offered or communicated to Voice through the

Platforms or otherwise shall be the property of Voice, and may be treated by Voice

as non-confidential information. Voice shall have the unrestricted right to use and

disclose such ideas, suggestions, know-how or concepts for any purpose without

compensation or obligation to any party.

 

  1. DMCA Designated Agent Copyright Notice Procedures:

If you are an owner of intellectual property or an authorized agent of an owner who

believes that the your or rightful owner’s intellectual property has been copied without

authorization and is accessible on our Platforms in a way that constitutes copyright

infringement, you must notify our DMCA Designated Agent in the manner detailed in our

DMCA Copyright Complaint Procedures, which are available here.

If you have received a DMCA ‘takedown notice’ you may also file a counter-notification

via the instructions in the above link.

 

  1. Links To Other Platforms:

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”),

as well as to text, graphics, videos, images, music, sounds, advertisements, offers,

coupons, advice, promotional materials, or other information belonging to or originating

from other third-parties (collectively, “Third-Party Applications”). Voice does not

investigate, monitor, or review any Third-Party Pages or Third-Party Applications to

ensure their accuracy, completeness, or appropriateness. Voice is not responsible

for the Third-Party Pages or any Third-Party Applications accessed through the Site. To

the fullest extent permitted by applicable law, you agree that Voice shall have no

liability with respect to any loss or damage of any kind incurred as a result of any

dealings between you and any third party, or as a result of the presence of such third

party on the Platforms.

 

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on

any of the Platforms does not indicate Voice’s approval or endorsement thereof.

These links are provided solely as a convenience or benefit to users. Your interactions

with a third party on the Platforms, or based on such third party’s participation or

 

 

 

 

presence on the Site, are solely between you and the third party. Voice makes no

representations or warranties with respect to the content, ownership, or legality of any

such linked third party website. If you choose to leave the Platforms to access any

Third-Party Pages or Third-Party Applications, you do so at your own risk. To the fullest

extent permitted by applicable law, you further agree that Voice, our parent

company(s), affiliates and subsidiaries will not be liable for any direct, indirect, incidental

or special loss or other damage, whether arising from negligence, breach of contract,

defamation, invasion of privacy, infringement of copyright or other intellectual property

rights, caused by the exhibition, distribution or exploitation of any information or content

contained within such websites.

 

  1. Community and Public Areas:

The Platforms may include areas (such as bulletin boards, chat rooms, blogs,

comments, links to Voice’s Facebook page, Twitter account, or other social

networking sites and services) where users can post and/or exchange information,

ideas, opinions, photographs, images, videos, creative works or any other materials

(collectively "Public Areas"). Such areas do not necessarily reflect the views of Voice.

To the fullest extent permitted by applicable law, Voice shall not assume or have any

responsibility or liability for any Submission posted on Public Areas or for any claims,

damages or losses resulting from their use and/or appearance on our Platforms.

 

  1. Rules of Conduct:

Your use of the Platforms is subject to all applicable laws, rules and regulations and, in

some cases, international treaties. You are solely responsible for all activities, acts and

omissions that occur in, from, through or under your user name or password. It is a

condition of your club membership, subscription, or use of the Public Areas and our

Platforms generally that you do not:

(a) Use Platforms or Public Areas to violate any laws, rules or regulations

(including, without limitation, laws regarding the transmission of technical

data or software exported from the United States), judicial or governmental

order or any treaties, or violates or infringes upon any copyright or other

intellectual property rights, rights of publicity or privacy or any other rights

of ours or of any other person, firm or enterprise.

(b) Inhibit or restrict any other user from enjoying and using the Public Areas,

Platforms or enjoyment of other features and activities.

(c) Transmit or post any material that is considered by Voice, in our sole

discretion, to be unlawful, obscene, abusive, harassing, hateful,

pornographic, defamatory, embarrassing, threatening, vulgar, libelous,

profane or indecent information of any kind, including images and

language, or harmful to another user, person or entity.

(d) Post a sexually-explicit or sexually-suggestive image, statement or other

content.

 

 

 

 

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(e) Post any message or content that solicits gambling or engagement in any

gambling activity.

(f) Delete or revise any Voice Material or other information on the

Platforms.

(g) Upload, or transmit any content, software or other material which violates

or infringes upon the rights of others, including but not limited to material

which is an invasion of privacy or publicity rights or which is protected by

copyright, trademark or other proprietary right, or derivative works with

respect thereto, without first obtaining permission from the owner or right

holder.

(h) Use any device, software or routine, or take any action to interfere or

attempt to interfere with the proper working of the Platforms or any feature,

activity or services being conducted on the Platforms.

(i) Use or attempt to use any engine, software, tool, agent or other device or

mechanism (including without limitation browsers, spiders, robots, avatar's

or intelligent agents) to navigate or search the Platforms other than the

search engines and search agents available from Voice or other than

generally available third-party web browsers (such as, but not limited to,

Microsoft Internet Explorer, Mozilla, Firefox, and Google Chrome).

(j) Harvest or otherwise collect information about users, including but not

limited to, email addresses, IP addresses, unique device IDs, usage,

transaction or search history using systematic, electronic methods, or any

other means to create or compile (directly or indirectly) a profile,

compilation, database or directory without prior written permission from

Voice.

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of

the software comprising or in any way making up all or a part of the

Platforms.

(l) Link to the Platforms or Voice Material, frame the Platforms or a part of a

Platform, exhibit or display the Platforms in association or connection with

an unauthorized logo, name, or other mark; or do anything that could

falsely suggest a relationship between Vocice and our Stations with any

nonaffiliated third party, or do anything that could potentially deprive us of

revenue or user activity (including but not limited to revenue or activity

generated from advertisers or other activities and features.

(m) Transmit or upload any information, software or other material which

contains viruses, time bombs, Trojan horses, cancelbots, worms or other

harmful or deleterious components or devices.

(n) Post, or transmit or in any way exploit any information, software or other

material for commercial purposes or which contains advertising, promotion

or marketing.

 

 

 

 

 

 

 

 (o) Use the Platforms for the purposes of sending junk email, chain letters,

duplicative or unsolicited messages or "spamming" or in connection with

contests, surveys or pyramid schemes.

(p) Try to gain unauthorized access to the Platforms; other users' accounts, or

computers connected to the Platforms though password mining or any

other means.

(q) Post any incomplete, false, fraudulent or inaccurate biographical

information or general information which is not your own information, or

impersonate another person or otherwise misrepresent your relationship or

affiliation for purposes of using the Platforms, or for registering for any

activity, feature, and/or promotion.

(r) Post a profile for anything other than to participate in online discussions.

(s) Send a message to a user for any reason other than to participate in online

discussions.

If we discover or are notified by any person or entity of any posting or communication

which allegedly does not conform to this TOS, we may, in our sole discretion,

investigate the allegation and may thereafter determine whether or not to remove or

request the removal of the material, or to take any action to remedy any harm to

Voice or others to prevent further objectionable conduct.

 

  1. Termination:

You understand, acknowledge and agree that we reserve the right to expel users from

future participation in any Public Areas, from any membership club, or prevent your

further access to the Platforms for violating this TOS or any applicable law.

Voice may terminate the Platforms or any features, activities or services included on

or through the Platforms at any time with or without cause or notice to you. Voice

shall not be liable to you or any party for such termination.

 

  1. Indemnification:

You agree to defend, indemnify, and hold Voice, its officers, directors, employees,

agents, licensors, and partners, harmless from and against any and all losses,

expenses, damages and costs, claims, actions, governmental investigations or

inquiries, lawsuits, proceedings, costs, expenses, demands, or obligations of any kind

including, without limitation, reasonable attorney and accounting fees (collectively,

“Claims” or individually, a “Claim”) resulting from, or alleged to result from, your misuse

of the Platforms, including without limitation, any Submission, your violation of this TOS,

or your violation of any rights of another person. Voice reserves the right to assume,

at our sole expense, the exclusive defense and control of any matter subject to

indemnification by you, in which event you will fully cooperate with Voice in asserting

any available defenses. You may not settle any Claim covered by this Section 14

without Voice’s prior written approval.

 

 

 

 

 

  1. Limitation of Liability/Disclaimer:

OUR PLATFORMS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL

ERRORS, AND OUT OF DATE INFORMATION. WE MAKE NO REPRESENTATIONS

ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF

OUR PLATFORMS, OR THAT ANY SUCH INACCURACIES, ERRORS OR ANY

SUCH INFORMATION WILL BE FIXED. TO THE FULLEST EXTENT PERMISSIBLE

PURSUANT TO APPLICABLE LAW, NEITHER VOICE NOR ANY OTHER PARTY

INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORMS IS

LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR

PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE

PLATFORMS.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PLATFORMS IS

PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

OR NON-INFRINGEMENT. FURTHER, AND WITHOUT LIMITING THE GENERALITY

OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE

PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THE NEEDS OR

REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND,

ACKNOWLEDGE, AND AGREE THAT THE USE OF OUR PLATFORMS IS AT YOUR

OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING

OR ACCESSING THE SERVICES.

 

You specifically understand, acknowledge and agree that Voice is not liable for any defamatory, offensive or illegal conduct of any user. Voice also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Platforms (including any Public Areas) or your downloading of any Voice Material from the Platforms. Voice does not warrant or make any representations of any kind or nature with respect to the Voice Material. You are responsible for compliance with all applicable U.S. local, state or federal laws.

 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,

EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Miscellaneous:

Voice Radio LLC makes no representation that any materials, features, activities, products, or services on our Platforms are appropriate or available for use in any particular location within the U.S. or outside of the U.S. Persons who choose to access or use our

 

 

 

 

Platforms from other locations do so on their own initiative and risk and are responsible

for compliance with their local laws, to the extent local laws are applicable.

This TOS contains the entire understanding and supersedes all prior understanding

of the parties hereto relating to the subject matter hereof, and can only be changed

or terminated in writing. If any provision of this TOS is found to be illegal or

unenforceable, this TOS will be deemed curtailed to the extent necessary to make it

legal and enforceable and will remain, as modified, in full force and effect.

 

  1. No Waiver:

Our failure to exercise or enforce any of our rights or to enforce any provision of this TOS will not constitute a waiver of such right or provision.

If any provision of this TOS is found to be invalid by any court having competent

jurisdiction, the invalidity of such provision shall not affect the validity of the remaining

provisions of this TOS, which shall remain in full force and effect. No waiver of any of

this TOS shall be deemed a further or continuing waiver of such term or condition or any

other term or condition.

 

  1. Applicable Laws:

This TOS is governed in accordance with the laws of Delaware or Maryland, United States of America, without regard to its conflict of law provisions.

 

  1. Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Voice Radio LLC or Voice’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Voice may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.

 

YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND VOICE RADIO LLC ARE EACHWAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE ATRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

 

 

 

 

 

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at

http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are

available at http://www.jamsadr.com/consumer-arbitration/.

 

You and Voice must abide by these rules: (a) the arbitration shall be conducted on an

individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Voice Radio LLC will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Voice will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

With the exception of subpart (a) in the paragraph above, if any part of this arbitration

provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration

provision shall remain in effect and be construed in accordance with its terms as if the

invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this

arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state and federal courts in and for Sussex County, Delaware.

 

  1. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Voice Radio LLC on the Platforms, this TOS, including the Privacy Policy, constitute the entire agreement between you and Voice Radio LLC with respect to the use of the Platforms and any Voice Radio LLC Materials.

 

  1. Contact Us:

We welcome your questions or comments about this TOS and also welcome any

suggestions you may have for improvement of our Platforms. Please contact us via

email at This email address is being protected from spambots. You need JavaScript enabled to view it. or postal mail:

 

Voice Radio LLC

ATTN: Privacy Administrator

20254 Dupont Blvd.

Georgetown, DE 19947

 

© Copyright 2015 – 2019 Voice Radio LLC All Rights Reserved

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