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VOICESTUDIO TERMS AND
CONDITIONS Version 1.2
16/01/2007 ______________________________________________________________________ These Terms And Conditions (the "Terms"), which
incorporate the Website Usage Policy, Privacy Statement and End User Licence
Agreement For Adviweb Audio Content, govern your use of this Adviweb web site
(the "Site"). By accessing and browsing the Site you accept all parts of these
Terms. If you do not agree to them please do not use this Site.
WEBSITE USAGE POLICY PRIVACY STATEMENT END USER LICENCE AGREEMENT FOR ADVIWEB AUDIO
CONTENT ______________________________________________________________________ WEBSITE USAGE POLICY Welcome to Adviweb Ltd ("Adviweb", "Us", "We" or
"Our"), a company registered in England and Wales (company number 04384440)
whose registered address is at Five Ways, 57-59 Hatfield Road, Potters Bar,
Hertfordshire. EN6 1HS. Our VAT registration number is 645 6281
24. Material on the Site All materials (including all sound and audio
recordings on the Site) and other content (together the "Content") contained in
this Site are the property of Adviweb, its affiliates and/or licensors. The
Content may not be used except as provided for in these Terms, without the
written permission of Adviweb, its affiliates or such third party licensors.
Where Content published on the Site is supplied by third parties, you
acknowledge and agree that We cannot control and do not purport to endorse such
Content in any way. All Content which is offered by third parties, is published
in good faith but We do not (to the extent permitted by applicable law) accept
any responsibility for the accuracy, reliability, timeliness, or otherwise of
such Content (whether published on or offline) or for the use of such
Content. Your Use of the Site This Site and the services provided through it are
for both personal and commercial use. You may only make use of the Content to
the extent necessary to allow you to use the Site and the services provided
through it. You shall not use the Content /and or Site for any illegal or
immoral purpose, or otherwise frame, link or deep-link this Site to any other
web site without our prior written consent. You agree that you will
not: -use the Site for the posting, transmitting or
creation of any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, racially, ethnically or otherwise objectionable material of any
kind; -upload files that contain viruses, "Trojan Horses",
worms, cancelbots, corrupted files or other such similarly destructive features;
or -in any other way damage, disable or impair the
operation of this Site or attempt to gain unauthorised access to the Site or to
networks connected to it, through hacking, spoofing or other such similar
means. Copyright The Content of the Site is protected by copyright,
database right, trade mark law and other international intellectual property
rights. The owner of these rights is Adviweb, its affiliates or other third
party licensors. You acquire no rights or licences in or to the Site or any of
its Content, other than the limited right to use the Site in accordance with
these Terms or in order to use services available on the Site. All product and
company names and logos mentioned in the Site are the trade marks or trading
names of their respective owners, including Us. You may not modify, copy,
reproduce, republish, disassemble, decompile, reverse engineer, create
derivative works from, interfere with, display, circulate, upload, post,
transmit or distribute, by any means or in any manner, any material or
information on or downloaded from the Site, including but not limited to text,
graphics, audio, video, messages, code and/or software without Our prior written
consent, except where expressly invited to do so. Your Creative Materials It is Adviweb’s policy not to accept or consider
creative materials, ideas or suggestions other than those We specifically
request. This is to avoid any misunderstandings if your ideas are similar to
those We have developed independently. If you transmit to Us by electronic mail
or otherwise, any communication or material, you will be deemed to have granted
Us and Our affiliates a perpetual, world-wide, royalty-free, irrevocable licence
to use such communications or material in any way We deem fit, including
granting sub-licences to third parties. Adviweb and its affiliates are free to
use any ideas, concepts, know-how or techniques contained in any communication
you send to the Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such
information. Privacy Policy, Registered User Account, Password and
Security Where you must complete a registration process in
connection with the Site you must provide current, complete and accurate
information about yourself as prompted. If you need to change any of your
personal details, you may amend such information by clicking on Edit Profile. We
will process your personal information in accordance with Our Privacy Statement.
You are solely responsible for all use of and for protecting the confidentiality
of any username, email verification and password used by you in connection with
the Site. You may not share these with any third parties. You must notify Us
immediately of any unauthorised use of them or any other breach of security
regarding the Site that comes to your attention. Services on this Site If you are interested in signing up to use our
VoiceStudio please take the time to read the End User Licence Agreement For
Adviweb Audio Content. This will govern your use of this Service. You will be
required to indicate your consent to these terms and conditions before you can
go on to use this Service. In the event of any conflict between these Terms and
the terms and conditions governing the End User Licence Agreement For Adviweb
Audio Content, the terms and conditions governing that Service shall prevail to
the extent that such conflict relates to your use of that
Service. Competitions From time to time we may run competitions on this
Site. Your participation in such on-line competitions will be governed by
specific competition terms and conditions, which you will be asked to agree to
before you can enter a competition. In the event of any conflict between these
Terms and the competition terms and conditions, the competition terms and
conditions shall prevail to the extent that the conflict relates to your
participation in any on-line competition. Warranty and Liability This Site, its Content, and any software products and
services offered through it are provided on an "as is" and "as available" basis.
We make no representations or warranties of any kind with respect to this Site,
its Content, or such software products and services, and to the extent permitted
by law, exclude any conditions, representations or endorsements, express or
implied warranties or terms, including those as to the availability, quality,
timeliness, performance or fitness for a particular purpose of any of the
Content, products or services available on the Site. You are responsible for ensuring that your computer
system meets all relevant technical specifications necessary to use, and is
compatible with, the Site. We do not make any warranty that the Site or its
servers are free from viruses, worms, cancelbots, "Trojan Horses" or anything
else that has contaminating or destructive properties. We shall not be liable
for any damage to, or viruses that may infect your computer equipment or other
property following your access to, use of, or browsing on the Site or your
downloading of any Content. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security checks) to
satisfy your particular requirements for the accuracy of data input and
output. Save in respect of death or personal injury resulting
from Our negligence or fraud, neither Adviweb nor any of its directors,
employees or other representatives will be liable for loss or damage (whether
direct or indirect) howsoever arising out of or in connection with your use of
the Site. We do not accept liability for any losses or claims arising from any
inability to access the Site or any failure to complete a
transaction. Accuracy of Information Whilst We use reasonable efforts to include accurate
and up to date information in the Site, to the fullest extent permitted by law,
We exclude all warranties, whether express or implied, or representations as to
its accuracy, timeliness or completeness. We do not assume any liability or
responsibility for any errors or omissions in the Content of the
Site. Linked Sites We assume no responsibility for the contents or
privacy practices of any other web sites to which the Site has links. We shall
not be held responsible or liable for any loss or damages caused by use of or
reliance on any content, goods or services available on such hyperlinked
sites. Consequences of Your breach of these
Terms You acknowledge that should you breach these Terms We
may suffer loss and damage (which may or may not arise out of third party claims
against Us due to any such breach committed by you). You agree therefore that
you will reimburse Us all reasonable costs, losses and expenses (including any
of our lawyers’ fees) incurred by Us or by our affiliates or licensors, if they
are incurred as result of any breach by you of these
Terms. Severance and Waiver In the event that any provisions of this Agreement
are held to be illegal, invalid or unenforceable, such provisions will be
severed and the remainder of this Agreement shall continue in full force and
effect. No waiver by Us shall be construed as a waiver of any preceding or
succeeding breach of any provision. Termination and Assignment We reserve the right to terminate your access to this
Site at any time with or without cause or notice. Any person who holds such a
suspended or terminated account must not re-register on the Site without Our
prior consent. We reserve the right to assign or sub-contract any or all of Our
rights and obligations under these Terms. Failure to Perform We will not be held liable for any breach of these
Terms by Us due to causes beyond Our reasonable control. Use of Site by Children Some of the sound or audio recording files contained
on the Site may not be suitable for young children and parents are advised to
supervise their children's use of the Site. Extracts All sound and audio recordings taken from this Site
are subject to copyright as owned by Adviweb. For the avoidance of doubt you may
not copy, reproduce, download, modify or in any other way, electronically or
otherwise, commercially exploit any, including any part of, the sound and audio
recordings on this Site. Such extracts are provided on this Site for
informational purposes only. Complaints and Customer
Queries If you have any complaints or queries concerning Our
services, the purchase of any products from Our Site, technical problems etc,
you can contact the Adviweb Customer Services Team by: -Telephone: 08701 000 321 (national rate throughout
the -Email:
support@voicestudio.co.uk -Post: VoiceStudio Customer Services Manager, Adviweb
Ltd., Tan House, Amendments to these Terms Adviweb reserves the right to update these Terms at
any time. When We do so, We will publish the amended version on the Site home
page. These amended Terms will take effect from the time they are first
published on the Site, and from then on will govern your use of it. If you do
not agree with the amended Terms, you must cease to use the Site.
Entire Agreement Save as otherwise expressly stated, these Terms
(including the Website Usage Policy, Privacy Statement and End User Licence
Agreement For Adviweb Audio Content) contain the entire agreement between Us and
you relating to the use of the Site and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between Us and
you. Governing Law The Terms shall be governed by and construed in
accordance with the laws of ______________________________________________________________________ PRIVACY STATEMENT Adviweb Ltd ("Adviweb", "Us", "We" or "Our") is
committed to protecting Our users' privacy. We offer this statement to inform
Our users of how We define, gather and use personally identifiable information
("Personal Information"), which they submit to Us via this Site. Adviweb will
take reasonable steps to protect Personal Information submitted by users of this
Site in such a way as is consistent with this Privacy Statement and in
accordance with all applicable data protection and privacy law. The Personal
Information that Adviweb collects from users includes the following: a person's
full name, address, telephone number, and or email
address. If you do not wish Us to process your Personal
Information for the reasons and in the manner set out in this Privacy Statement,
please do not use this Site or any of the services available through
it. Adviweb's collection of personally identifiable
information Adviweb gathers information on our users in two
different ways: -You supply it in response to a request from
Us. -Cookie technology. Adviweb collects Personal Information voluntarily
submitted by its users as part of the registration process for its services. You
may also be asked to disclose Personal Information at other times, for example,
in relation to your participation in any Adviweb
competitions. Adviweb utilises cookie technology to process orders
and identify user data. A cookie is a piece of information that is transferred
to a user's hard drive for record-keeping purposes. Our registration section collects information from
you when you first register on the Site and stores it safely. In order to access
and view personal details, you will be required to enter your email address and
password. Our registration system uses Cookies to help Our
servers identify your computer each time that you re-visit Our Site. Cookies are
small text files that get stored on your PC when you access the Site. They store
information that you have previously inputted when visiting the Site, such as
your username. The use of Cookies does not give Us access to the rest of your
computer and We do not use Cookies to collect personally identifying information
about you as such. We only use Cookies to tailor your experience of the Site and
to make your use of it as enjoyable as possible. Should you object to Our use of Cookies most web
browsers can be reconfigured in order to alert you to their presence / allow you
to disable them. Please refer to the help function of your web browser in order
to learn how to do this. However, should you decide to disable Our Cookies, you
may not be able to access certain facilities or services on this Site. Again,
you may be required to re-type information you have previously submitted when
visiting certain areas of the Site. In order to further ensure your online experience
with Adviweb is as enjoyable as possible, We work to ensure that We only present
you with information and content that your hardware can handle. We do this by
checking to see what software, plug-ins and connection settings you
have. Adviweb's use of personally identifiable
information Adviweb may use Personal Information collected online
in the following ways: -to develop and improve the products, benefits and
services We offer to Our registered users and other users of the
Site; -to enable users to become registered users of the
Site; -for processing customer
orders; -for Site administration and development (for example
to analyse usage trends and to make improvements to the Site in accordance with
such usage trends); -for processing job applications submitted online to
Us; -to contact you by post and email, or SMS to inform
you about any of Our products and services that We think may be of interest. We
will not do this without having your prior permission. If at any time you
subsequently wish to discontinue receiving post or emails about Our products and
services please indicate this by checking the relevant checkboxes within the My
Details sections of the Site. From time to time we may also wish to contact you
by telephone. In the event that we do so we shall always respect any request you
make to decline such telephone marketing in the future; -We may also use your Personal Information to contact
you, where you have authorised Us to do so, when you have won a competition on
the Site or to provide you with a email newsletter; -in assessing your request for goods or services for
the purposes of the prevention and detection of fraud. One of the purposes for
which We may disclose your address and postcode details is to check them against
fraud prevention schemes. Please note that if you are or become an VoiceStudio
customer, your marketing preferences indicated through your store membership may
not match the marketing preferences that you have indicated through this
website. However, We will take steps to correct as promptly as reasonably
possible any inconsistencies in this regard that you bring to Our
attention. We may also, in the unlikely event that We undergo a
re-organisation of Our corporate group or sell any part of Adviweb, transfer
your Personal Information to the new owner of Adviweb if you are a registered
user of the services on the Site. Updating your Personal
Information If at any time you believe your registered details to
be incorrect, you can update them by clicking on the Update Profile link in the
My Account section of the Site. Disclosure of personally identifiable
information Except as set out in this Privacy Statement, We will
not sell, rent or disclose your Personal Information to third parties without
your prior permission. You agree that We may without your prior permission
disclose such information to other Group companies, Our suppliers,
subcontractors and business partners where necessary in order to operate this
Site and/or to provide you with services that you have
requested. We may transfer your Personal Information to other
Group companies, or to Our suppliers, subcontractors and business partners
located outside of the European Economic Area (EEA). You should be aware that
some of these countries might have data protection laws that are equivalent to
the Data Protection Act 1998 (which regulates the use of personal data by
companies and other business in the Data Protection Act 1998 Adviweb complies with the Data Protection Act of 1998
(the "Act") and with all other applicable Security of Your
Information We take the security of your Personal Information
seriously and take all reasonable precautions to prevent the loss, misuse or
alteration of it. Our agents, suppliers, subcontractors and business partners
who have access to your Personal Information are also required to keep that
information confidential and secure and are not permitted to use it for any
other purpose other than to carry out the provision of services which they are
providing to Us or otherwise as set out in this Privacy
Statement. We use internationally recognised partners to process
credit and debit card payments. At the appropriate stage of the ordering process
you will be transferred to a Secure Socket Layer (SSL) encrypted page through
which you can make a payment. N.B. Secure sites are normally denoted by a
padlock at the bottom of the page. Adviweb do not have access to your credit
card information and it is not stored on Our webservers or in Our
databases. Contact Us If you have any questions concerning Our Privacy
Statement, please contact Us by email on:
support@voicestudio.co.uk Amendments to this privacy
statement Adviweb reserves the right to modify or update this
Privacy Statement at any time. Any amendments will be published on the Site.
Users are therefore encouraged to review this Privacy Statement from time to
time. If you continue to use this Site after any such amended version of this
Privacy Statement has been published you will be deemed to have consented to the
amendments. If you do not agree to the amendments, please do not continue to use
this Site. ______________________________________________________________________ END USER LICENCE AGREEMENT FOR ADVIWEB AUDIO
CONTENT IMPORTANT-READ CAREFULLY: This Adviweb
End-User Licence Agreement (“EULA”) is a legal agreement between you (either an
individual or a single entity) and Adviweb Ltd (“Adviweb”) for the Adviweb Audio
Content (“AAC”) you have licenced which includes the following: (i) spoken
voice, (ii) sound effects, (iii) music, (iv) songs, (v) any sound recording
embodying (i), (ii), (iii) or (iv). By licencing, copying, distributing, editing
or otherwise using the AAC, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, do not use the AAC and ensure that
all copies of the AAC and its derivative or components are
destroyed. Copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties protect the
AAC. The AAC is licenced, not sold. The rights granted here are non-transferable
and are validated by proof of purchase. All rights not expressly granted to
Licencee are reserved by Adviweb or its licensors. 1. GRANT OF LICENCE. In consideration of
payment of the licence fee, which is a portion of the price, if any, you paid,
Adviweb (“Licensor”) grants to you (“Licencee”) through this EULA the following
limited, non-exclusive world wide rights for a term of Ninety Nine (99)
years: (a) Web. The right to use AAC as part of a
personal or commercial web site but only together with images, text, or other
visual/audio content, in such a way that AAC is used in a supporting/secondary
role, and is not the main content of the web site (hereinafter "Web Site
Element"); provided, however, that neither AAC nor any portion thereof may be
resold or redistributed without an additional licence agreement with Adviweb.
Please contact Adviweb for more details. (b) Phone Systems. The right to use AAC as
part of a personal or commercial phone system; provided, however, that neither
AAC nor any portion thereof may be resold or redistributed without an additional
licence agreement with Adviweb. Please contact Adviweb for more
details. (c) Software. The right to use AAC as part
of a software program, provided that (i) AAC must be synchronized within the
software package, and cannot be accessible to the end user as an independent
element; and (ii) AAC cannot be used in software whose sole purpose is creating
audio (e.g., if you're making "sound effect" software that includes AAC and
allows a user to edit or add AAC, you will need an additional licence from
Adviweb). (d) Ring Tones. The right to use AAC as a
personal ring tone. Notwithstanding the foregoing, AAC cannot be used as a
commercial ring tone, ringback tone, voicemail greeting or other tone, alert,
message or greeting (or any other similar configuration now known or hereinafter
invented) without an additional licence agreement with Adviweb. Please contact
Adviweb for more details. (e) Television Broadcast. AAC cannot be
included in local, regional, national, and international terrestrial, satellite
or cable television broadcast productions, including commercials, programs,
PSAs, Infomercials, Jingles, webcasts or podcasts without an additional licence
agreement with Adviweb. Please contact Adviweb for more
details. (f) Radio Broadcast. AAC cannot be
included in commercial local, regional, national, and international terrestrial,
satellite or cable radio broadcast productions, including commercials, programs,
PSAs, Infomercials, Jingles, webcasts or podcasts without an additional licence
agreement with Adviweb. Please contact Adviweb for more
details. (g) Film and Video. The right to include
AAC in personal films, videocassettes, DVDs, and CD-ROMs (or any other similar
configuration now known or hereinafter invented), but only in timed relation or
synchronization with sequences, intermissions and visuals contained within the
CD-ROM, film, videocassette, or DVD in question. (h) Compact Disc. The right to include AAC
as part of a personal sound recording and to mechanically reproduce copies of
said sound recording in compact disc format (or any other similar configuration
now known or hereinafter invented); provided, however, that AAC may only be used
in timed relation to other production elements, and may never be used as a
featured element (e.g., AAC can be used for the narration on a Pilates CD, but
not a separate music or sound effects track on a compact disc or collected
together and exploited on a compact disc with other music tracks or sound
effects). 2. EDITING AND LOOPING. In the context of
the permitted uses listed in Section 1 above, you may excerpt portions of the
AAC and edit and/or loop each such portion to extend its length for creative,
technical, or timing purposes, subject to the terms, conditions, and limitations
set forth herein. 3. AAC OWNERSHIP. As the Licencee, you own
any tangible object (e.g., a CD) on which the AAC is recorded or fixed.
Notwithstanding the foregoing, Adviweb retains full and complete title to the
AAC and all subsequent copies of the AAC, regardless of the media or form on or
in which the original copies may exist. The Licence is not a sale of the
original AAC or any of the underlying material. 4. COPYRIGHT. All rights, title, and
copyrights in and to the AAC (including, but not limited to, any images,
photographs, animations, video, audio, music, text, and "applets" incorporated
into the AAC) and any copies of the AAC are owned by Adviweb or its suppliers.
Copyright laws and international treaty provisions protect the AAC. Therefore,
you must treat the AAC like any other copyrighted material, except that you may
make copies as only provided in this EULA. You may not copy any printed
materials accompanying the AAC. 5. RESTRICTIONS ON USE.
(a) Other than the specific uses listed in
Section 1 above and in the Paragraph 5 (b) below, you may not do the following:
(i) electronically transfer the AAC, or make the AAC available, to multiple
computers over a network system; (ii) distribute copies of the AAC or
accompanying materials to others; (iii) embed AAC in any hardware as a stand
alone element without an additional licence from Adviweb; or (iv) modify, adapt,
translate, reverse engineer, decompile, disassemble, or create derivative works
based on the AAC or its accompanying printed or written materials (e.g., you are
not permitted to combine musical compositions licenced by Adviweb with other
musical elements and claim copyright to a new and distinct music composition on
which you would licence separate performance rights, etc);
(b) Notwithstanding paragraph 5(a)(iv)
above, sound effects licenced by Adviweb may be used together with other
elements to create a separate derivative musical composition on which you claim
a separate copyright; however, one or more of Adviweb’s sound effects may not be
mixed with one or more Adviweb sound effects or third party sound effects to
create a derivative sound effect on which you claim a separate copyright (i.e.,
you cannot make new sound effects using our sound effects as building blocks and
then exploit them as a part of a third party sound effects library, compilation,
or otherwise). 6. TRANSFER RESTRICTIONS. You shall not
assign, rent, lease, sell, sublicence, or otherwise transfer the AAC to another
party without prior written consent of Adviweb. Any party authorized by Adviweb
to receive the AAC must agree to be bound by the terms and conditions of this
Agreement. 7. TERMINATION. Without prejudice to any
other rights, Adviweb may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all copies of
the AAC and all of its component parts. 8. NO WARRANTY; LIABILITY LIMITATION.
Adviweb expressly disclaims any warranty for the AAC. THE AAC AND ANY RELATED
DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE AAC
REMAINS WITH YOU. 9. NO LIABILITY FOR DAMAGES. In no event
is Adviweb or its suppliers liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of the
use of or inability to use this Adviweb product, even if Adviweb has been
advised of the possibility of such damages. In any case, Adviweb' entire
liability under any provision of this Licence shall be limited to the greater of
the amount actually paid by you for the AAC or 10. ADDITIONAL LICENCE AGREEMENTS. If an
additional licence agreement is required for a use that is not permitted in this
agreement then please contact licencing@voicestudio.co.uk with your details and
some background information and we will contact you. Additional uses fees are
usually based on multiples of the licence fee. 11. ALTERATIONS TO THIS AGREEMENT. Adviweb
may alter or amend this agreement from time to time. The current version will be
always be available from the VoiceStudio website http://www.voicestudio.co.uk/termsandconditions.html 12. GOVERNING LAW. The laws of the
______________________________________________________________________ End of VoiceStudio Terms and
Conditions
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