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Terms of use

Last revised: 11/19/2007

Acceptance

Welcome to allvoices. By viewing and visiting this website at www.allvoices.com (the "Website") or by submitting 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.

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.

allvoices Websites

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 or contribute content, information or any other materials or service via the Site or cellphones ("Contributors" or "Members").

This terms of use and Privacy Policy also applies to any content you send to us via SMS or MMS, including retrospectively to any content you sent via SMS or MMS prior to Your first use of this website.

Third Party Websites

The Website may contain link 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 allvoices 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.

Content, Product and Services Available

At present, allvoices provides You access to certain online resources, including various communication tools, blogging and discussion platform. 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.

General Use of the Website

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:

  1. You do not distribute in any medium any part of the Website, including but not limited to User contribution/submissions without allvoices’s prior written authorization.
  2. You agree to use the Website solely for Your personal use and not for any commercial use without the prior written consent of allvoices.
  3. You agree not to use, upload, submit, transmit or launch any form of virus, worm, Trojan horse, automated system, or other malicious code, including without limitation, "robots", "Spiders" or "offline readers" that accesses the website in a manner that sends more request that a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, allvoices grants the operators of public search engines permissions to user spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the material, but not caches or archives of such material. allvoices reserves the right to revoke these exceptions either generally or in specific cases at any time in its sole discretion.
  4. You agree not to collect or harvest any personally identifiable information from the Site, including via any automatic or manual process, and including account names, from the Website nor to use the communications system provided by the websites (e.g. comments, blogs, questions and answers) for any commercial solicitation purposes, any users of the website with respect to their user contributions/submissions. Further You agree not to use the Website to generate unsolicited email advertisements or spam.
  5. You agree not to conduct or promote any illegal activities; upload content, distribute or print anything that may be harmful to minors; upload content, distribute or print anything that violates the terms of this Agreement; attempt to reverse engineer or jeopardize the correct functioning of the Website; attempt to gain access to secured portions of the Website to which You do not possess access rights.
  6. You agree not to impersonate another user.
  7. You agree to otherwise comply with the terms and conditions of these Terms of Use , including provisions regarding acceptable or prohibited allvoices community conduct (as set forth in the section below titled "Community Conduct"), and all applicable local and national and international laws and regulations.

Community Conduct

allvoices is a global community site, we want to encourage discussion between people from around the globe. So we have certain community conduct rules. By registering on the allvoices site to become a Contributor to contribute and submit user content or contributing via cellphone, You agree that You will use common-sense rules and will not use the allvoices Website to:

Please be open and share with a global community, in accordance with this Terms of Use, news and events that matter to You and that You want to make global. Participate and contribute to events around the world as if you were there.

Permitted Use of Content

  1. The content in the allvoices Website, except all User Contribution and User Submissions (defined below), including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like ("Content") posted on or otherwise available via the Site and the trademarks, tradenames, service marks, logos and related marks contained therein ("Marks") are owned by or licensed to allvoices. Content on the Website is provided to AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted broadcast, displayed, sold, licensed or otherwise exploited for any other purposed whatsoever with the prior written consent of allvoices or its licensors. allvoices reserves all rights not expressly granted hereunder in and to the Website, Marks and Content.
  2. You agree to not use, copy, distribute, or attempt to do any of the foregoing, any of the Content or User Contributions, for any commercial purposes.
  3. You understand and agree that allvoices does not represent or endorse any User Contributions and is not responsible or liable for any User Contributions even though any User Contributions that may be considered unlawful, inaccurate, objectionable, offensive, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that may infringe upon the intellectual property or other rights of another. You understand and agree that allvoices makes no representation about the selection of User Contributions submitted by users that is available via the Website, allvoices makes no representation that allvoices discloses all submitted User Contributions, or that the User Contributions posted via the Website and cellphones represent an exhaustive representation of what allvoices receives via the Website and cellphones. Further, allvoices makes no representations or warranties about any and all editorial content on the Website. Opinions on the Website are not to be construed as assertions of fact. You hereby waive any legal or equitable rights or remedies You have or may have against allvoices with respect to User Contributions, and agree to indemnify and hold allvoices, its owner/operators, affiliates, employees, agents and licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.

You acknowledge that allvoices does not have a duty to prescreen User Contributions, 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 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.

User submissions, contributions and conduct

To contribute or submit content to the allvoices Website including an event, user 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 create a user event ("User Contribution" or "User Submission"), 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 via cellphone without registering, our system will accept your contribution and may not publish it unless you visit the website to register. However this terms of use and Privacy Policy also applies to any content you send us via SMS & MMS including retrospectively to any content you sent via SMS or MMS 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 and that User Contributions may be accessed and viewed by others, including the general public.

  1. You are solely responsible for Your own User Contributions and the consequences of posting or publishing them. You represent and warrant that You own or have necessary and sufficient licenses, rights, consents and permission to post each User Contribution to the Website or send to allvoices via cellphones and to use and authorize allvoices to use all patent, trademark, trade secret, copyright or other proprietary rights in any and all User Contributions You submit, to enable inclusion and use of the User Contributions in the manner contemplated by the Website/allvoices and these Terms of Service. By submitting User Contributions to public areas of the Website, You grant allvoices the right to use, copy, display, perform, distribute, adapt and promote such User Contributions in any medium. You take sole and complete responsibility for any content You submit via the Website or SMS/MMS/email or sent to allvoices in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, submit or otherwise transmit any content that (i) You do not own or to which You do not have the written permission of the owner to upload to the Site, (ii) in any way infringes on the rights of third parties, or (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another.
  2. You retain all of the ownership rights to your User contributions. However, by submitting User contributions to allvoices, your hereby grant allvoices a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions in connection with the allvoices website, including all limitations for promoting and redistribution part or all of allvoices websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the allvoices website to a non-exclusive license to access your user contributions through the website, and to use , reproduce, distribute, display and perform such user contributions as permitted through the functionality of the website and under these Terms of Service. The above licenses granted by you in user contributions terminate within a commercially reasonable time after you remove or delete your user contribution from the allvoices service. You understand and agree, however, that allvoices may retain, but not display, distribute, or perform, server copies of User contribution that have been removed or deleted.
  3. You further represent and warrant that You will not submit User Contributions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant allvoices all of the license rights granted herein. You represent and warrant that You have the permission of those individuals or entities whose information appears in the content You submit via the Website/SMS/MMS/email and that You have obtained the necessary permissions to disclose such information to the general public, and to show any Marks that may appear in Your content. You are solely responsible for retaining Your own backup copies of any User Contributions You submit via the Website, SMS, MMS or email.
  4. You agree and accept that your conduct and the type of material you submit adheres to the provisions under the section above titled, "Community Conduct".

General Rules

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 (or 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

Copyright Infringement

Allvoices does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Allvoices will remove all content and user contribution if properly notified that such content or user contribution infringed on another’s intellectual property rights. Allvoices reserves the right to remove content and user contributions without prior notice.

If you are a copyright owner or an agent thereof and believe that any user contribution or other content infringes upon your copyrights, you may submit a notification pursuant to Digital Millennium copyright Act (DMCA) by providing our copyright agent with the following information in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed
  3. A description of where the material that you claim is infringing is located on the Website
  4. Your address, telephone number, and email address
  5. 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; and
  6. A statement by you that you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Allvoices designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
900 Cherry Ave., Suite 300
San Bruno, CA 94066

By email
copyright@allvoices.com

Fax: 650-794-2769

You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

Account Termination policy

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 are inappropriate and whether they comply with these Terms of Service.

Warranty Disclaimer

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. SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLVOICES , ITS 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 ALLVOICES 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.

Limitation of Liability

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 (I) 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 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 allvoices 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 law.

INDEMNITY

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 Service; (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 Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the allvoices Website/Service. 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.

Ability to accept Terms of Service

You affirm that you are either 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 Service. In any case, You affirm that You are over the age of 13. The allvoices 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 allvoices Website, and do not submit any personal information to Us.

Opting out from US SMS

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 our website.

How to get help or support

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)

MISCELLANEOUS

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 this Agreement 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/Service.

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