Effective: August 1, 2015
These Terms govern your access to and use of My Own Voice, operated and provided by 1026368 B.C. LTD., including any My Own Voice mobile applications and websites and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on My Own Voice (collectively referred to as “Content”). Your access to and use of My Own Voice is conditioned on your acceptance of and compliance with these Terms. By accessing or using My Own Voice Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of My Own Voice Services, for any Content you post to My Own Voice, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites, unless this Content is protected by a Password chosen by you, the user. Without Password protection, you should only provide Content you are comfortable sharing with others under these Terms.
Tip: The Content you share with others may be viewed around the world, including on other services and websites, subject to the Password provisions noted above.
You may use My Own Voice only if you can form a binding contract with 1026368 B.C. LTD., and are not a person barred from receiving services under the laws of the United States, Canada or other applicable jurisdiction. If you are accepting these Terms and using My Own Voice on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use My Own Voice only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The My Own Voice Services are always evolving and the form and nature of My Own Voice may change from time to time without prior notice to you. In addition, 1026368 B.C. LTD. may stop (permanently or temporarily) providing My Own Voice (or any features within My Own Voice) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
3. Access Credentials
You are responsible for safeguarding the credentials you use to access My Own Voice and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your My Own Voice account or any other account that you may connect to your My Own Voice account. 1026368 B.C. LTD. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Content on My Own Voice
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via My Own Voice and we cannot My Own Voice take responsibility for such Content. Any use or reliance on any Content or materials posted via or obtained by you through My Own Voice is at your own risk.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through My Own Voice. In order to make My Own Voice available to you and other users, 1026368 B.C. LTD., needs a license from you. By submitting, posting or displaying Content on or through My Own Voice, 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, not protected by Password, in any and all media or distribution methods (now known or later developed).
You are responsible for your use of My Own Voice, 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 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.
6. Your License
1026368 B.C. LTD. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by 1026368 B.C. LTD. as part of the My Own Voice Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of My Own Voice as provided by 1026368 B.C. LTD., in the manner permitted by these Terms.
7. My Own Voice Rights
All right, title, and interest in and to My Own Voice Services (excluding Content provided by users) are and will remain the exclusive property of 1026368 B.C. LTD. and its licensors. My Own Voice is protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries. 1026368 B.C. LTD. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding 1026368 B.C. LTD. or My Own Voice Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of Periscope
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on My Own Voice, to suspend or terminate users, and to reclaim usernames without liability to you. 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 1026368 B.C. LTD., its users and the public.
You may not do any of the following while accessing or using My Own Voice: (i) access, tamper with, or use non-public areas of My Own Voice Services, My Own Voice ’s computer systems, or the technical delivery systems of My Own Voice’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search My Own Voice Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by 1026368 B.C. LTD. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with 1026368 B.C. LTD. (NOTE: crawling My Own Voice Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping My Own Voice Services without the prior consent of 1026368 B.C. LTD. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use My Own Voice Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Periscope Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on My Own Voice Services.
9. Copyright Policy
1026368 B.C. LTD. respects the intellectual property rights of others and expects users of My Own Voice 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, My Own Voice 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 My Own Voice is:
Copyright Agent - My Own Voice
Vancouver, B. C.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or 1026368 B.C. LTD. as follows:
You may end your legal agreement with 1026368 B.C. LTD. at any time for any reason by deactivating your accounts and discontinuing your use of My Own Voice.
We may suspend or terminate your accounts or cease providing you with all or part of My Own Voice Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of My Own Voice Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the My Own Voice Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use My Own Voice Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect the rights of 1026368 B.C. LTD. to change, limit or stop the provision of My Own Voice Services without prior notice, as provided above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of 1026368 B.C. LTD. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “1026368 B.C. LTD. Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. My Own Voice Services Are Available “AS-IS”
Your access to and use of My Own Voice Services or any Content is at your own risk. You understand and agree that My Own Voice Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, 1026368 B.C. LTD. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
1026368 B.C. LTD. Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of My Own Voice or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of My Own Voice, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by My Own Voice; (iv) whether My Own Voice 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 1026368 B.C. LTD. Entities or through My Own Voice, will create any warranty not expressly made herein.
My Own Voice Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 1026368 B.C. LTD. Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 1026368 B.C. LTD. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MY OWN VOICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON MY OWN VOICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM MY OWN VOICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE1026368 B.C. LTD. ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID1026368 B.C. LTD., IF ANY, IN THE PAST SIX MONTHS FOR MY OWN VOICE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE1 026368 B.C. LTD. ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of 1026368 B.C. LTD. 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, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of British Columbia, Canada without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with My Own Voice Services will be brought solely in the federal or state courts located in Vancouver, British Columbia , Canada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, and the most current version will always be at www.usemyownvoice.com If the revision, in our sole discretion, is material we will notify you through My Own Voice Services. If you do not wish to be bound by any such revisions to the Terms, you must end these My Own Voice Terms with us as set forth in Section 10 above. By continuing to access or use My Own Voice Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us firstname.lastname@example.org
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