Last revised: 10/12/2009
Welcome to Allvoices. By viewing and visiting this website at www.allvoices.com (the "Website" or the "Site") or by submitting, contributing or reporting information via the Website or cellphone or using any products or services available via the Website, you ("You" or "Your") acknowledge that You have read, understand and agree to these terms of use ("Terms of Use") in their entirety. By sending us a message via SMS or MMS You expressly agree to and accept our Terms of Use and privacy policy ("Privacy Policy").
The terms and conditions governing collection and handling of any information You submit while using this Website are contained in a separate Privacy Policy agreement available at http://www.allvoices.com/privacy.
Allvoices ("Allvoices," "We," "Us," or "Our") may amend these Terms of Use at anytime and from time to time. Allvoices will notify all users with accounts with the Website of any material changes to these Terms of Use via the email address You provide when You register with the Website. Such changes shall be effective immediately upon posting to the Website following Allvoices’ notice to You via email. You agree that it is Your sole responsibility to review these Terms of Use frequently:
If You object to any such changes, You must cease using the Website immediately. You agree that any subsequent use of the Website by You following the changes to these Terms of Use shall indicate Your acknowledgement of such changes, constitute Your acceptance of and agreement to be bound by the terms and conditions in all such changes.
These Terms of Use apply to You, and all users, of the Website, including both those users who do not have an account with Allvoices ("Visitors") and users with accounts with Allvoices that submit, contribute or report content, information or any other materials or service via the Site, cellphones or email ("Contributors," "Members," or "Reporters").
These Terms of Use and Privacy Policy also apply to any content You send to us via SMS, MMS or email, including retrospectively to any content You sent via SMS, MMS or email prior to Your first use of this website.
The Website may contain links to third party websites that are not owned or controlled by Allvoices. Our provision of a link to any other website or location is for Your convenience and does not signify Our endorsement of such other website or location or its contents. Allvoices has no control over, does not review, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Please be aware that the terms of this Terms of Use and our Privacy Policy do not apply to these outside websites. By using the Site, You expressly relieve Allvoices from any and all liability arising for Your use of any third-party website. It is Your responsibility when You leave the Website to read the terms and conditions, and privacy policy of each other website You visit.
At present, Allvoices provides You access to certain online resources, including various communication tools, blogging and discussion platforms. We reserve the right to change or discontinue temporarily or permanently any content, products or services available via the Website ("Website Services") at anytime without notice.
You agree that Allvoices will not be liable to You or any third party for any modification or discontinuance of the Website Services therein.
We cannot always anticipate technical or other operational outages which may result in loss of data, personalization settings or other services. Neither Allvoices nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization setting.
Subject to the terms and conditions of these Terms of Use, Allvoices grants You a limited, non-transferable, non-exclusive, license to access the features and functions of the Website as set forth in these Terms of Use, provided that:
Because Allvoices is a global community site, we want to encourage discussion among users from around the globe. To do so, we have established rules of community conduct. By registering on the Allvoices site to become a Contributor to or contributing via cellphone, You agree that You will use common-sense rules and show courtesy and respect toward other users. You also agree You will not use the Allvoices Website to:
If Your article includes any of these violations, Your account will be stripped of all page views and revenues generated by that article since Sept. 1, 2011. If You have already been paid revenues for that article, those revenues will be deducted from your current balance.
Additionally, users who violate the above rules will be subject to written warnings and/or possible account termination by Allvoices. Disciplinary action is at the sole discretion of the Allvoices staff and will vary based on the frequency and severity of a user's violations.
Please share the news that matters to You in accordance with these Terms of Use. Participate and contribute to news events around the world as if You were there.
You acknowledge that Allvoices does not have a duty to prescreen User Contributions and User Reports and User Submissions, but we reserve the right to refuse to post or to redact User Contributions for profanity and racial slurs or other violations of these Terms of Use, at our sole discretion, however We haves no obligation to do so. Allvoices and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any user content that is posted on or through the service, but We are not responsible for any failure or delay in removing such material. In addition to the foregoing, Your responsibility and obligation with respect to Content You submit or report is outlined below.
Though We expect all users to adhere by our content policies in these Terms of Use, You may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. You use the Site at Your own risk. You agree that Allvoices is not liable for content that is provided by others. We take no responsibility for Your exposure to content on the Website whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.
To contribute, report or submit content to the Allvoices Website including a news event, people, comments, questions and answers, feedback, blogs and perspectives, textual content, news URLs, emails, SMS, MMS, public user profiles as well as photographs, videos and images or report a news event ("User Contribution," "User Submission," or "User Reports"), You must have an account on the Allvoices Website or must create one during the first time You contribute. If You are sending us a contribution and report via cellphone without registering, our system will accept Your contribution and may not publish it unless You visit the Website to register. However these Terms of Use and Privacy Policy also applies to any content You send to Us via SMS, MMS and email including retrospectively to any content You sent via SMS, MMS and email prior to Your first use of this site. By sending us a message via SMS or MMS You expressly agree to and accept our terms of use and privacy policy. You acknowledge that Allvoices does not guarantee any confidentiality with respect to any User Contribution, User Report or User Submission and that User Contributions, User Reports and User Submissions may be accessed and viewed by others, including the general public.
Provide accurate information: You agree to provide true, accurate, current information about yourself in Allvoices registration forms (registration data). You agree to update the registration data to keep it current and accurate.
Protect Your information: Please choose carefully the information You post on Your public profile page on allvoices.com. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other allvoices.com contributors/members (for instance, in their profile) may contain inaccurate, inappropriate, offensive and sexually explicit material, products or services, and Allvoices assumes no responsibility or liability for this material. If You become aware of misuse of the Allvoices services by any person, please contact misconduct@allvoices.com or click on the "flag" link at the bottom of each content item.
Protect Your password: Upon completing registration process, You will receive an account and select a password, You are responsible for maintaining the confidentiality of Your password and account, and You are fully responsible for all the activities that occur under Your password or account or any other breach of security, You must notify Allvoices immediately and promptly change Your password. Please go to Your profile page "Account Setting" for instructions on how to change Your password or to contact help@allvoices.com
Allvoices does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Allvoices will remove all Content, User Contribution, User Report and User Submission if properly notified that such content or User Contribution, User Report and User Submission infringed on another’s intellectual property rights. Allvoices reserves the right to remove Content, User Contributions, User Reports and User Submissions without prior notice.
If You are a copyright owner or an agent thereof and believe that any Content, User Contribution, User Report and User Submission infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium copyright Act (DMCA) by providing our copyright agent with the following information in writing:
Allvoices designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Allvoices, Inc.
Copyright Agent
351 California Street, Suite 1210
San Francisco, CA 94104
copyright@allvoices.com
Allvoices, Inc.
ATTN: Copyright Agent
+1-415-723-7399
You acknowledge that if You fail to comply with all of the above requirements, Your DMCA notice may not be valid.
Allvoices may terminate Your access to this Website, at its sole discretion at any time without notice, including if You are determined to be in violation of these Terms of Use. Allvoices reserves the sole and exclusive right to decide whether Content or User Contributions, User Reports and User Submissions are inappropriate and whether they comply with these Terms of Use.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE ALLVOICES WEBSITE, INCLUDING ALL CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALLVOICES MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE WEBSITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLVOICES, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICE AND YOUR USE THEREOF. ALLVOICES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, PRODUCTS OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. ALLVOICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, ALLVOICES EXPRESSLY DISCLAIMS ANY WARRANTIES AND ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR MALFUNCTIONS OF OR SECURITY BREACHES OF OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALLVOICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ALLVOICES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALLVOICES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ALLVOICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE ALLVOICES SERVICES OR FEATURES AND FUNCTIONS OF THE WEBSITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF ALLVOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALLVOICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS, USER REPORTS, USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, ALLVOICES SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).
The Website is controlled and offered by Allvoices from its facilities in the United States of America. Allvoices makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Allvoices Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws and regulations.
You agree to defend, indemnify and hold harmless Allvoices, its officers, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of, and access to, or misuse of the Allvoices Website/Service; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, privacy, intellectual property or other proprietary right; or (iv) any claim that one of Your User Contributions, User Reports and User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website or any services offered by Allvoices. Allvoices reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Allvoices in asserting any available defenses.
You affirm that You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation, and warranties set forth in these Terms of Use. In any case, You affirm that You are over the age of 13. The Website is not intended for children under 13. Allvoices does not knowingly collect information from users under the age of 13. If You are under 13 years of age, then You must not use the Website, and do not submit any personal information to Us.
For US users, to opt-out from our SMS service, You can text STOP or END or CANCEL or UNSUBSCRIBE or STOP ALL into VOICES (864237) from Your mobile phone and we will unsubscribe You from our SMS text messaging service immediately. You will not receive any additional messages until You re-register on the Website.
To get help, email Us at support@allvoices.com, or view Our help section on this site. From Your mobile phone, You may request our contact information at any time by texting HELP into VOICES (864237).
These Terms of Use constitute the entire agreement between Allvoices and You with respect to Your rights to access and use the Website. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California. Any dispute arising out of these Terms of Use shall be adjudicated exclusively in the state or federal courts of the State of California and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Allvoices as a result of these Terms of Use or Your use of or access to the Website.