TERMS OF SERVICE AGREEMENT
Please read the following terms of service agreement carefully. By accessing or using our app and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this app. If you do not expressly agree to all of the terms and conditions, then please do not access or use our app or our services. This terms of service agreement is effective as of 06/20/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with VoiceSync, also known as VoiceSync LLC, located at 17424 West Grand Parkway, Suite 202 Sugar Land, TX 77479 and our subsidiaries and affiliates, in association with the use of the website, which includes https://www.voicesyncs.com, (the "Site") and its Services, which shall be defined below.
The terms “we,” “us,” or “our” shall refer to VoiceSync. Any and all visitors to our mobile app shall be deemed as "Subscribers" of the herein contained Services provided for the purpose of this TOS.
The Subscriber acknowledges and agrees that the Services provided and made available through our mobile application may be made available on various social media networking sites and numerous other platforms and downloadable programs, but are the sole property of VoiceSync. At its discretion, VoiceSync may offer additional mobile Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. VoiceSync does hereby reserve the right to cancel, modify and cease offering any of the below mentioned Services and/or products. You, as the Subscriber acknowledge, accept and agree that VoiceSync shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such VoiceSync shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
VoiceSync Products/ Services are available to persons thirteen (13) or older. By using our mobile App and or services, you represent that you are at least 13 years of age.
If you are entering this Agreement on behalf of a corporate entity, you represent that you have the legal and expressed authority to bind said organization to the terms and conditions contained within this Agreement, in which case the terms “you,” “yours,” “User,” or “Subscriber” shall refer to such corporate entity. Upon acceptance of this Agreement and download of the mobile app, if VoiceSync discovers you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained within this Agreement, including, but not limited to the payment obligations. VoiceSync shall not be liable for any loss or damage resulting from our reliance on any instructions, notices, documents or communications submitted by you reasonably believed by VoiceSync to be genuine and originating from an authorized representative of your organization. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but not the duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for Collaborations / communications entered into by you, anyone acting as your agent and anyone who uses your account, whether or not authorized by you.
DESCRIPTION OF SERVICES OFFERED
VoiceSync is a revolutionary patented Virtual Network which schedules and hosts live Virtual Collaborations that can be stored and exported to the masses (via social media) while rewarding referrals with credit for billing their network.
VoiceSync, is available via mobile application (app) for a fee to authorized users (Subscriber), and provides Subscribers access to our patent technology via our Collaboration Rooms. VoiceSync offers its Subscribers “Selfies” with live audio, superior voice collaboration quality, and the patented ability to store and export audio.
COST OF SALE (COS)
VoiceSync allocates up to 35% of its sales as part of cost of sale (cos) for promotional purposes of its virtual network. When you upgrade you are rewarded, when anyone within your network uses your referral number for VoiceSync audio -visual teleconference free App or any plan upgrades as part of (cos) our peer-to-peer promotion. VoiceSync also promotes on unlimited digital and social networks platforms if you choose to use the recording feature and post your collaboration public.
VoiceSync offers three distinct Subscriber plans available via Google Play and the Apple Store for a fee. The plans are described below.
Subscribers under the Free plan can join the network for the fee of $0.00, and via our Collaboration Rooms, can schedule, start, host and stop collaborations and reward referrals with credit for billing their network. By referring others to join the VoiceSync mobile network. Please see website pricing for more detail.
Subscribers under the Silver plan receive monthly referral rewards as credit for building their network. Members can view and monitor these transactions inside the App. Silver members earn up to 5% of the dollar value of each referral upgrade.
Subscribers under the Gold plan receive monthly referral rewards as credit for building their network. Members can view and monitor these transactions inside the App. Gold members earn up to 10% of the dollar value of each referral upgrade.
Subscribers under the Platinum plan receive monthly referral rewards as credit for building their network. Platinum members earn up to 20% of the dollar value of each referral upgrade.
Minutes are calculated by the total number of participants on a call, including yourself. If you have 3 participants in a collaboration besides yourself, it will be four participants times the number of minutes spent on each collaboration. Therefore, if four participants spend two minutes on a collaboration, the Cumulative Collaboration minutes is equal to eight. Should Subscribers expend all allotted Cumulative Collaboration Minutes/year granted under their plan, (s)he can purchase additional minutes for a nominal fee. You will not be charged for using the chat feature of this app.
The VoiceSync app will track your referral rewards. All verified referral rewards linked to a specific referral number will be processed for payment distribution on a monthly basis. It is your responsibility to keep up with your payments. If your electronic payment is not cashed within 30 days, that check will be voided and you will be issued a paper check providing that your address is on file. If you do not cash your paper check within 60 days, that check will be voided.To receive another check you will be required to contact VoiceSync at email@example.com.
The host will be able to allow video access to up to 50 participants at a time with unlimited moderators in a room with a maximum of 250 people. Each participant will have the option of allowing themselves to be shown on the screen.
Please note, VoiceSync Services allows its Subscribers to record audio and MP4 information transmitted during live collaborations initiated and held by its Subscribers. Such recordings, should the host activate this feature, will be emailed to the host who, in turn may distribute such recordings. As such, VoiceSync will systematically inform all participants if such recording is “on” prior to recording if the host intends to record the meeting.
All scheduled collaborations require a scheduled start and end time. Collaboration participants have fifteen minutes prior to the start of a session and fifteen minutes after the start of a session to join in the collaboration. Participants will not be able to join the Collaboration outside of this window unless the Host changes the start time of the Collaboration once the session has started. This gives the Host control over the decision to have participants enter a session once it has started.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this site and or mobile app including any content you submit or communicate, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not use this site or mobile app in a manner as determined by VoiceSync, that:
1. Is illegal and/ or promotes or encourages illegal activity;
2. Promotes, encourages or engage in terrorism, violence against people, animals, scam or property;
3. Promotes, encourages or engage in any discrimination of any kind;
4. Promotes, encourages or engage in any spam or other unsolicited bulk email, computer, or network hacking;
5. Infringes on the intellectual property rights of another Subscriber/ User or any other person/ entity;
6. Violates the privacy or publicity rights of another User or any other persons or entities, or breaches any duty of confidentiality that you owe another User or any other person or entity;
7. Interferes with the operations of this site or mobile app;
8. Contains or installs any viruses, worms, bugs, Trojan horses r other code, files, or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
9. Contains false, deceptive of harmful language, or unsubstantiated or comparative claims, regarding any User; or,
10. Contains false or harmful language, or unsubstantiated or comparative claims regarding VoiceSync or VoiceSync Services.
LIMITATION OF LIABILITY
You explicitly acknowledge, understand and agree that VoiceSync, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
1. The use or inability to use our service;
2. The cost of procuring substitute services;
3. Unauthorized access to or the alteration of your transmissions and/or data;
4. Statements or conduct of any such third party on our service;
5. And any other matter which may be related to our service.
In the event you have a dispute, you agree to release VoiceSync (and its officers, directors, employees, agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
VoiceSync may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the VoiceSync trademarks, copyright, trade name, service marks, and other VoiceSync logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of VoiceSync. You herein agree not to display and/or use in any manner the VoiceSync logo or marks without obtaining VoiceSync's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
VoiceSync will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, VoiceSync may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The VoiceSync Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
17424 West Grand Parkway
Suite 202 Sugar Land, TX 77479
Telephone: (713) 287-0552
Be it known, that VoiceSync complies with all applicable Federal communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www. VoiceSync.com.
This TOS constitutes the entire agreement between you and VoiceSync and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to VoiceSync Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other VoiceSync Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and VoiceSync with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and VoiceSync, shall be filed within the courts having jurisdiction within the County of Harris, Texas or the U.S. District Court located in said state. You and VoiceSync agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should VoiceSync fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to VoiceSync as follows:
17424 West Grand Parkway
Suite 202 Sugar Land, TX 77479
Telephone: (713) 396-3255
Copyright © VoiceSync
All users herein agree to insure and hold VoiceSync, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to VoiceSync website and or App.
MODIFICATIONS OF AGREEMENT, MOBILE APP AND/ OR SERVICES
VoiceSync shall reserve the right at any time it may deemed fit, to modify, alter and or discontinue, whether temporarily or permanently, this Agreement, any policies or agreements mentioned herein, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either VoiceSync or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that VoiceSync shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that VoiceSync's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by VoiceSync or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on VoiceSync Services (e.g. Content or Software), in whole or part.
VoiceSync herein has granted your personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by VoiceSync for use in accessing our Services
Acknowledgment and Acceptance of our Terms of Service