These Terms of Service ("Terms") govern your access to and use of the services, and VocalPostTM websites (the "Services"), and any information, text, audio or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you do not agree to all these terms, you do not have any right to use the Services. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or play will be able to be viewed and heard by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You certify that if you are an individual you are at least 13 years of age and that you are of legal age to form a binding contract. If you are accessing the Services on behalf of an entity you represent you warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to use and access the Services, and take full responsibility for the selection and use of the Services. These Terms are void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. FEELingK may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
4. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for FEELingK to make such Content available to other companies, organizations or individuals who partner with FEELingK for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. FEELingK shall have the right to reformat, excerpt or translate any User Content submitted by you.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You are responsible for whatever material you submit, and you, not FEELingK, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. FEELingK will not be responsible or liable for any use of your Content by FEELingK in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
FEELingK gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by FEELingK as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FEELingK, in the manner permitted by these Terms.
5. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FEELingK, its users and the public.
You represent, warrant and agree that you will not contribute any User Content that:
· infringes, violates or otherwise interferes with any copyright or trademark of another party;
· reveals any trade secret, unless you own the trade secret or have the owner's permission to post it;
· infringes any intellectual property right of another or the privacy or publicity rights of another;
· is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
You represent, warrant and agree that you will not:
· decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or any part of any Service, except to the limited extent applicable laws specifically prohibit such restriction;
· modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
· You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content, to which you do not own the rights, for any other purposes without the prior written consent of FEELingK.
6. Content of the Services
All Content, whether publicly posted or privately transmitted through the Services, is the sole responsibility of the person who originated such Content.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that FEELingK is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FEELingK with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FEELingK, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
You are Responsible for:
· all of your activity in connection with the Services;
· whatever material you submit, and you, not FEELingK, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright;
· abiding by all applicable local, state, national and international laws and regulations;
· all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username.
7. The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. You also agree that FEELingK has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FEELingK or through the Services, will create any warranty not expressly made herein.
8. Limitation of Liability
IN NO EVENT SHALL FEELINGK, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; OR (4) DAMAGES FOR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (5) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS OR SOFTWARE.
FEELingK may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FEELingK shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FEELingK's reasonable control, including, without limitation, computer, mechanical, electronic or communications failure or degradation. The failure of FEELingK to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
FEELingK respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, FEELingK will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
FEELingK, Co, Ltd.
Attn: Copyright Agent 2018 156th Ave. NE, Suite 100
Bellevue, WA 98007