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These terms and conditions (the "Terms") govern your access to and use of Voicitt's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with the Voicitt company LLC. ("Voicitt"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to Voicitt.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Voicitt Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Voicitt or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Voicitt Content.
II. Changes to the Terms of Service
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
III. Using the Site
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. We may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time
2. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
3. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
4. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
5. Communications from Voicitt and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood.
1. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Voicitt.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
2. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Voicitt and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Voicitt, you own Your Content. We own the Voicitt Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Voicitt Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Voicitt Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Voicitt Content are retained by us.
Voicitt and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
5. Content Feeds
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Voicitt's websites, and attributes Voicitt as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Voicitt promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Voicitt's systems. Voicitt reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content does not necessarily reflect the opinion of Voicitt. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
1. You agree not to, and will not assist, encourage, or enable others to use the Site to:
2. You also agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us email@example.com together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
VI. Guidelines and Policies
1. Content Guidelines
You represent that you have read and understood our Content Guidelines.
3. Copyright And Trademark Disputes
We do not take kindly to those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices in the following ways.
the Voicitt company LLC
954 Cougar Dr
Allen, TX - 75013
Attn: Copyright Policy
VII. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
VIII. Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify, defend, and hold Voicitt, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Voicitt Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Voicitt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Voicitt. Voicitt will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
X. INTERNATIONAL USE
Voicitt makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws
XI. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VOICITT AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "VOICITT ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
XII. Choice of Law and Venue
Texas law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Voicitt (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN DALLAS COUNTY, TEXAS.
XIV. General Terms
1. Information You Submit
We may store the information you submit to or through the Site. We use the information to fulfill your requests, provide Site functionality, improve Site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the Site, please note:
1. Account Registration: You must provide a valid email address in order to sign up for an Account on the Site. In addition, you may provide us with your full name, gender, and birth date. When you sign up for a Voicitt account, we opt you in to receive emails from other Voicitt users, business owners and Voicitt by default. You can manage your email preferences and modify some of the information associated with your account by modifying settings of your account. Note that you cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal firstname.lastname@example.org
2. Public Content: Your reviews, tips, photos, check-ins, message board posts, bookmarks, friends, lists, compliments, account profile (including your first name and last initial, but excluding your other account registration information), and other content you post to the Site are meant for public consumption. We may display this content on the Site, and further distribute it to a wider audience through third party sites and services.
3. Contacts: You can invite your friends to join the Site by providing their contact information, or by allowing us to use your address book from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Site, we may use and store your friends' contact information long enough to process your requests.
4. Messaging: If you exchange messages with others through the Site, we may store these messages in order to deliver them and allow you to manage them. If you send information from the Site to your phone via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Carriers may charge recipients for texts that they receive.
5. Credit Card Purchases: If you purchase business advertising, Deals, or other Voicitt products or services online, we may collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.
For more information on controlling your personal data, please see Sections 4 and 5, below.
2. Information We Collect
In addition to the information you submit to or through the Site, we also collect and store information from and about you in the course of your use of the Site. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the Site, and may use it to display relevant advertising. For example:
1. Location: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.
2. Activity: We may collect and store information related to you and your use of the Site, such as your browser type, IP address, unique device identifier, the phone numbers and names of businesses that you call through the Site, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit.
3. Third Parties
We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. That said, we work with third parties and they may have access to some of your information:
2. Service Providers: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.
3. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
5. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users affiliates, or the public.
6. Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
7. Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a Voicitt account. You can also connect your Voicitt account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. You can manage these settings by sending request to email@example.com
4. Controlling Your Personal Data
Other users may be able to identify you, or associate you with your user account if you include personal information in your Public Content. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site. Users can also use the Member Search feature to find one another based on their names or email addresses. You can opt-out of this feature by sending request to firstname.lastname@example.org
Please also note that the messages you send or receive using the Site are only private to the extent that you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.
5. Data Retention and Account Termination
The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us email@example.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
8. Dispute Resolution
the Voicitt company LLC
954 Cougar Dr
Allen, TX - 75013
10. Non-US Users