Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website and application.Effective Date: This Terms of Use Agreement was last updated on 2/15/2010.
This Terms of Use Agreement (TOU) sets forth the standards of use of the ZipChart, Inc. Voice4mail Services and application use for Members. By using the Voice4mail.com website and application (Voice4mail Services)(Service) you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
You also understand and agree that the Voice4mail Services may include advertisements and that these advertisements are necessary for ZipChart Inc. to provide the Voice4mail Services.
You also understand and agree that the Voice4mail Services may include certain communications from ZipChart Inc., such as service announcements, administrative messages, and promotional item, and that these communications are considered part of Voice4mail Services membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Voice4mail Services, including the release of new Voice4mail properties, shall be subject to the TOU.
You understand and agree that any recorded files stored on the Voice4mail servers will be deleted 90 days after the initial upload. Voice4mail assumes no responsibility for backing up or restoring any recording files.
You understand and agree that the Voice4mail Services is provided "AS-IS" and that ZipChart Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Voice4mail.com website. Your continued use of the service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTION OF SERVICE.
ZipChart, Inc. is providing Member with an electronic communication system. Member must provide:- all equipment necessary for their own Internet connection, including computer and modem and
- provide for Member’s access to the Internet, and
- pay any fees related with such connection.
2. DISCLAIMER OF WARRANTIES.
The site is provided by ZipChart, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ZipChart, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ZipChart, Inc. shall have no liability for any interruptions in the use of this Website and application. ZipChart, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
ZIPCHART INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
- THE VOICE4MAIL SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
- THE VOICE4MAIL SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VOICE4MAIL SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VOICE4MAIL SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. LIMITATION OF LIABILITY.
ZIPCHART, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ZIPCHART, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR APPLICATION OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ZIPCHART, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.4. EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 2 and 3 may not apply to you.5. INDEMNIFICATION.
Member agrees to indemnify and hold ZipChart, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.6. MEMBERS ACCOUNT.
All Members of the Service shall create a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Member agrees to notify ZipChart, Inc. of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of ZipChart, Inc.7. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the Voice4mail Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Voice4mail Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Voice4mail Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZipChart Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZipChart Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Voice4mail Services (or any portion thereof).8. MEMBER CONDUCT.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ZipChart Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Voice4mail Services. ZipChart Inc. does not control the Content posted via the Voice4mail Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Voice4mail Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Voice4mail be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Voice4mail Services. You acknowledge that ZipChart Inc. may or may not pre-screen Content, but that ZipChart Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Voice4mail Services. Without limiting the foregoing, Voice4mail and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ZipChart Inc. or submitted to ZipChart Inc. You acknowledge, consent and agree that ZipChart Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:- comply with legal process;
- enforce the TOU;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of ZipChart Inc., its users and the public. You understand that the Voice4mail Services and software embodied within the Voice4mail Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ZipChart Inc. and/or content providers who provide content to the Voice4mail Services. You may not attempt to override or circumvent any of the usage rules embedded into the Voice4mail Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Voice4mail Services, in whole or in part, is strictly prohibited. You agree to not use the Voice4mail Services to:
- a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. Harm minors in any way;
- c. Impersonate any person or entity, including, but not limited to, a ZipChart Inc. official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Voice4mail Service;
- e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
- h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. Interfere with or disrupt the Voice4mail Services or servers or networks connected to the Voice4mail Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Voice4mail Services, including using any device, software or routine to bypass our robot exclusion headers;
- j. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- k. "Stalk" or otherwise harass another; and/or
- l. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
9. INTERSTATE NATURE OF COMMUNICATIONS ON VOICE4MAIL NETWORK.
When you register with the Voice4mail Services, you acknowledge that in using the Voice4mail Services to send electronic communications, you will be causing communications to be sent through ZipChart Inc.’s computer networks, portions of which are located in California and Arizona. As a result, and also as a result of ZipChart Inc. ‘s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOU, you acknowledge that use of the service results in interstate data transmissions.10. CONTRIBUTIONS TO ZIPCHART INC.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ZipChart, Inc. through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ZipChart Inc. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ZipChart Inc. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ZipChart Inc. may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ZipChart Inc. without any obligation of ZipChart Inc. to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ZipChart Inc. under any circumstances.11. GENERAL PRACTICES REGARDING USE AND STORAGE.
You acknowledge that ZipChart Inc. may establish general practices and limits concerning use of the Voice4mail Services, including without limitation the maximum number of days that email and voice messages, or other uploaded Content will be retained by the Voice4mail Services, the maximum number of email messages that may be sent from or received by an account on the Voice4mail Services, the maximum size of any email message that may be sent from or received by an account on the Voice4mail Services, the maximum disk space that will be allotted on Voice4mail's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Voice4mail Services in a given period of time. Currently, your messages will automatically erased after 30 days, but ZipChart Inc. has the right to change this time period at any time as it sees fit. You agree that ZipChart Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Voice4mail Services. You acknowledge that ZipChart Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ZipChart Inc. reserves the right to modify these general practices and limits from time to time.12. MODIFICATIONS AND INTERRUPTION TO SERVICE.
ZipChart, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. ZipChart, Inc. shall not be liable to Member or any third party should ZipChart, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that ZipChart, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.13. THIRD-PARTY SITES.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.14. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While ZipChart, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. ZipChart, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.15. TERMINATION.
You may terminate your Voice4mail account, any associated email address and access to the Voice4mail Services by submitting such termination request to ZipChart Inc. You agree that ZipChart Inc. may, without prior notice, immediately terminate, limit your access to or suspend your Voice4mail account, any associated email address, and access to the Voice4mail Services. This termination may be with or without cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to,- breaches or violations of the TOU or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- discontinuance or material modification to the Voice4mail Services (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities, and/or
- nonpayment of any fees owed by you in connection with the Voice4mail Services.
- removal of access to all or part of the offerings within the Voice4mail Services,
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring of further use of all or part of the Voice4mail Services.
16. GOVERNING JURISDICTION OF THE COURTS ARIZONA.
Our website and application is operated and provided in the State of Arizona. As such, we are subject to the laws of the State of Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Arizona.17. COMPLIANCE WITH LAWS.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.18. COPYRIGHT AND TRADEMARK INFORMATION.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 ZipChart, Inc., will all rights reserved, or is the property of ZipChart, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ZipChart, Inc. is strictly prohibited. Members agree that they will not copy our web pages or the content contained therein without prior written permission of an authorized officer of ZipChart, Inc. All trademarks displayed on ZipChart, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ZipChart, Inc.19. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ZipChart, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail Copyright Agent, ZipChart, Inc., 29034 North 59th Street, Cave Creek, AZ 85331, Telephone: 866-334-3549
By Email: customercare@zipchart.com.