Voicetree Terms & Policies
These Terms of Service ("Terms") govern your access to and use of our VT-Services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, and our other covered services that link to these Terms (collectively, the "VT-Services"), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the VT-Services (collectively referred to as "VT-Content"). By using the VT-Services you agree to be bound by these Terms.
1. Who May Use the VT-Services
You may use the VT-Services only if you agree to form a binding contract with VoiceTree and are not a person barred from receiving VT-Services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the VT-Services. If you are accepting these Terms and using the VT-Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
3. VT-Content on the VT-Services
You are responsible for your use of the VT-Services and for any VT-Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide VT-Content that you are comfortable sharing with others.
Any use or reliance on any VT-Content or materials posted via the VT-Services or obtained by you through the VT-Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any VT-Content or communications posted via the VT-Services or endorse any opinions expressed via the VT-Services. You understand that by using the VT-Services, you may be exposed to VT-Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All VT-Content is the sole responsibility of the person who originated such VT-Content. We may not monitor or control the VT-Content posted via the VT-Services and, we cannot take responsibility for such VT-Content.
Voicetree respects the intellectual property rights of others and expects users of the VT-Services to do the same. We reserve the right to remove VT-Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy.
You retain your rights to any VT-Content you submit, post or display on or through the VT-Services. What's yours is yours -- you own your VT-Content (and your photos and videos are part of the VT-Content).
By submitting, posting or displaying VT-Content on or through the VT-Services, 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 VT-Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your VT-Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Voicetree to provide, promote, and improve the VT-Services and to make VT-Content submitted to or through the VT-Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such VT-Content on other media and VT-Services, subject to our terms and conditions for such VT-Content use. Such additional uses by Voicetree, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the VT-Content that you submit, post, transmit or otherwise make available through the VT-Services.
Voicetree has an evolving set of rules for how ecosystem partners can interact with your VT-Content on the VT-Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your VT-Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your VT-Content in order to adapt the VT-Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any VT-Content that you submit.
4. Using the VT-Services
Please review the Voicetree Rules, which are part of the User Agreement and outline what is prohibited on the VT-Services. You may use the VT-Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our VT-Services evolve constantly. As such, the VT-Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the VT-Services or any features within the VT-Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any VT-Content on the VT-Services, suspend or terminate users, and reclaim usernames without liability to you.
You may need to create an account to use some of our VT-Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the VT-Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the VT-Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Your License to Use the VT-Services
Voicetree gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the VT-Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the VT-Services as provided by Voicetree, in the manner permitted by these Terms.
The VT-Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Voicetree name or any of the Voicetree trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the VT-Services (excluding VT-Content provided by users) are and will remain the exclusive property of Voicetree and its licensors. Any feedback, comments, or suggestions you may provide regarding Voicetree, or the VT-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.
Ending These Terms
We may suspend or terminate your account or cease providing you with all or part of the VT-Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Voicetree Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the VT-Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the VT-Services, except that the following sections shall continue to apply: II, III, V, and VI.
5. Disclaimers and Limitations of Liability
The VT-Services are Available "AS-IS"
Your access to and use of the VT-Services or any VT-Content are at your own risk. You understand and agree that the VT-Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. The "Voicetree Entities" refers to Voicetree, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE VOICETREE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Voicetree Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the VT-Services or any VT-Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the VT-Services or any VT-Content; (iii) the deletion of, or the failure to store or to transmit, any VT-Content and other communications maintained by the VT-Services; and (iv) whether the VT-Services 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 the Voicetree Entities or through the VT-Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VOICETREE 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 THE VT-SERVICES; (ii) ANY CONDUCT OR VT-CONTENT OF ANY THIRD PARTY ON THE VT-SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY VT-CONTENT OBTAINED FROM THE VT-SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR VT-CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VOICETREE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VOICETREE, IF ANY, IN THE PAST SIX MONTHS FOR THE VT-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 THE VOICETREE 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.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at Voicetree.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the VT-Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Voicetree. All disputes related to these Terms or the VT-Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the VT-Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
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. Voicetree's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Effective: September 30, 2016