Section Icon  Terms & Conditions
  

VOICESTUDIO TERMS AND CONDITIONS

 

Version 1.2 16/01/2007

 

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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

 

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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 theUK ), 9 a.m. to 5.30 p.m., Monday to Friday.

 

-Email: support@voicestudio.co.uk

 

-Post: VoiceStudio Customer Services Manager, Adviweb Ltd., Palmers, Unit 1, 101 Crow Green Road, Brentwood, Essex, CM15 9RP.

 

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 England and Wales.

 

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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 UK) but that some may not. You hereby consent to Our transferring your Personal Information to other Group companies, Our suppliers, sub-contractors and business partners located outside the EEA in connection with your use of this Site.

 

Data Protection Act 1998

 

Adviweb complies with the Data Protection Act of 1998 (the "Act") and with all other applicable UK data protection and privacy legislation. Accordingly Adviweb is notified with the Office of the Information Commissioner as a 'data controller' for the purposes of the Act.

 

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.

 

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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 U.K. £5.00.

 

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 England and Wales.

 

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End of VoiceStudio Terms and Conditions

 
 
 


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