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Terms & Conditions 1.ACCEPTANCE OF TERMS
Welcome to VoiceSnap. VoiceSnap provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: www.voicesnap.com/terms. In addition, when using particular
VoiceSnap services, you and VoiceSnap shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
VoiceSnap currently provides users the ability to exchange Voice Mails
from one PC to another PC. (the "Service"). In addition VoiceSnap also will
provide other services realted to this basic "Service". Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new VoiceSnap properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that VoiceSnap
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the Service's registration form (such information being 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 VoiceSnap has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
VoiceSnap has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). VoiceSnap is
concerned about the safety and privacy of all its users, particularly children.
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine
whether any of the Services and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. VoiceSnap PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, please see our full privacy policy at
http://www.VoiceSnap.com/info/privacy/.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify VoiceSnap of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. VoiceSnap cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
VoiceSnap, are entirely responsible for all Content that you upload, post, email
or otherwise transmit via the Service. VoiceSnap does not control the Content
transmitted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will VoiceSnap be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, 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
VoiceSnap official, forum leader, 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 Service;
e. upload, post, email or otherwise transmit any Content that you do not
have a right to transmit 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 or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload, post, email or otherwise transmit 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 rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit 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;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the Indian securities, exchange control and other authorities ,
any rules of any Indian securities exchange and any regulations having the force
of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that VoiceSnap does not pre-screen Content, but that
VoiceSnap and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, VoiceSnap and its designees shall have
the right to remove any Content that violates the TOS 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 VoiceSnap or submitted to
VoiceSnap, including without limitation information in all other parts of the
Service.
You acknowledge and agree that VoiceSnap may preserve Content and may
also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of VoiceSnap, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
9. INDEMNITY
You agree to indemnify and hold VoiceSnap, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that VoiceSnap may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of VoiceMail messages that
may be sent from or received by an account on the Service, the maximum size of
any VoiceMail message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on VoiceSnap's servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree that
VoiceSnap 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 Service. You acknowledge that VoiceSnap reserves the right to
log off accounts that are inactive for an extended period of time. You further
acknowledge that VoiceSnap reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
VoiceSnap reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that VoiceSnap shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that VoiceSnap, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if VoiceSnap believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. VoiceSnap may also in
its sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that VoiceSnap may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that VoiceSnap shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that VoiceSnap shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because VoiceSnap has no control over such
sites and resources, you acknowledge and agree that VoiceSnap is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that VoiceSnap shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. VoiceSnap'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by VoiceSnap
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
VoiceSnap grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by VoiceSnap for use in
accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. VOICESNAP EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. VOICESNAP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM VOICESNAP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VoiceSnap SHALL NOT BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF VoiceSnap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. 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 17 AND 18 MAY
NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. VoiceSnap shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
VoiceSnap, the VoiceSnap logo, the product and service names are
trademarks of Voice Snap Software Limited and Kumar Consultancy Inc. (the "VoiceSnap
Marks"). Without prior permission, you agree not to display or use in any
manner, the VoiceSnap Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
VoiceSnap respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide VoiceSnap's Copyright
Agent the following information:
* an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
* a description of the copyrighted work that you claim has been
infringed;
* a description of where the material that you claim is infringing is
located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and VoiceSnap and
govern your use of the Service, superceding any prior agreements between you and
VoiceSnap. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and VoiceSnap shall be
governed by the laws of the Republic of India without regard to its conflict of
law provisions. You and VoiceSnap agree to submit to the personal and exclusive
jurisdiction of the courts located at Mumbai, India. VoiceSnap will be entitled
to assign all or any of its rights under the TOS to any affiliate, associate or
group company, or any successor in business. The failure of VoiceSnap to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
YOU SHOULD DOWNLOAD, INSTALL AND USE THIS APPLICATION ONLY IF YOU ACCEPT
THE TERMS AND CONDITIONS LISTED ABOVE. BY CLICKING ON THE LINK BELOW YOU
INDICATE YOUR ACCEPTANCE TO ALL OF THE TERMS AND CONDITIONS LISTED ABOVE.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS LISTED ABOVE DO
NOT DOWNLOAD OR USE THIS SERVICE.
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