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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., 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 ______________________________________________________________________ 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
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