Terms & Conditions

Welcome to VizzVox! We hope you enjoy using our web application, and find that using our service is easy and delightful.

As you sign up to use the VizzVox service (herein referred to as “VizzVox”, “we”, or “us”), we require you to read the following Terms of Service (“Terms”) carefully. These Terms govern your access to and use of the VizzVox service (“Service”). If you (“you”) agree to these Terms, and wish to use the Service, please click on the "I agree to the terms of service" checkbox.

This will constitute a binding agreement between you and VizzVox. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline agreeing to these Terms, click Close on your browser. Note that any violation of these Terms may result in termination of our Service to you.

VizzVox reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. If you continue to access or use the Service after VizzVox makes any such changes, you are agreeing to be bound by the revised Terms.

Your Submissions

In the use of the Service, you may submit certain material to VizzVox, including without limitation, photographic and other images, text and audio narration and/or audio files, as part of your use of the Service (“Submissions”). Under these Terms, you agree that you will NOT post, place or transmit or encourage the post, place or transmit of any of the following material or obtain any such material using the Service:

• Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. VizzVox recommends you use an “adult-content” warning label when images are being shared that include legal adult content.
• Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
• Any material sent from an anonymous, misleading or false address.
• Any material that promotes bigotry, racism, hatred, religious or civil violence or harm against any individual or group.

While VizzVox is not responsible for, and does not review or comment on the content of Submissions provided by VizzVox users, VizzVox reserves the right in its sole discretion to (i) remove or delete, move, change or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that VizzVox deems necessary relating to use or misuse of the Service.

VizzVox may request confirmation of the copyright or trademark ownership from the submitter. If VizzVox does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, VizzVox reserves the right to (i) suspend access to your account or a particular VizzVox story, (ii) suspend the shipping of an order relating to the Submission in question, and/or (iii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties.

If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, VizzVox reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to VizzVox a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

Your physical or electronic sharing of your images, text, and audio constitutes permission for reprinting or other tangible or electronic distribution by the recipient. VizzVox will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright Notice

VizzVox is committed to protecting photographers’, videographers' and musicians' copyrights and expects users of the Service to do the same. Each image, video, or audio submitter is required by US law, as well as other applicably copyright laws in the jurisdictions in which the Service may be used, to own the right to, or to obtain permission to, use any image, video, or audio before the image, video, or audio is uploaded or printed or electronically distributed by VizzVox.

At VizzVox’s discretion and in appropriate circumstances, VizzVox may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details:

Customer Service
ATTN: Copyright Protection
VizzVox, Inc.
970 West Broadway, Suite 50 Jackson, WY 83001
Fax: (323) 843-9470

Age Requirements

You must be at least thirteen (13) years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

Access to Your Account

You can allow other people to view selected stories in your account through VizzVox’s online send, channel, and link features. The people you invite to view your stories through online send, channel, or link will be able to see the stories you have selected for them and will not have access to your entire account.

We need to be able to access your account for the following reasons:

• In order to remind you of your password in case you forget it. If this becomes necessary, we send an email upon your request to the email address from which you opened your account.
• To maintain our Service to you and develop new and useful features and services.
• To follow a court order, subpoena, complaint or a lawful request from governmental authorities.

VizzVox reserves the right to close accounts set up for fraudulent purposes.

Account Fee

There is no fee to open a VizzVox account and to use the basic features. The basic VizzVox features are advertiser supported. Fees may apply for optional or advanced features, including, but not limited to, personalization and removal of advertising and additional storage.

Web addresses (URLs)

As part of VizzVox’s personalization service, VizzVox may provide users with access to and use of pages on the VizzVox site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. VizzVox does not guarantee the availability of a particular web address. VizzVox also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by VizzVox to a user as it deems necessary in its sole discretion and, at VizzVox’s option, to provide users with an alternative web page and address.

Cancelling the Service

If you violate any of these Terms, your permission to use the Service will terminate automatically. VizzVox reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

Third-party Software

As part of offering our Service, we may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider’s terms and conditions governing use of such software which agreement will be between you and the third party software provider. VizzVox is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software. This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

Third-party Links

As part of offering our Service, we may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that VizzVox is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by VizzVox of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

Copyrighted Material and Software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the VizzVox site and Service is and will remain the exclusive property of VizzVox and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

Privacy Policy

When you create an account with VizzVox, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors.

Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, United States of America, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.

Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

Disclaimer of Warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH VizzVox’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VizzVox EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VizzVox MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VizzVox MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH VizzVox’S SITE OR ADVERTISED THROUGH VizzVox’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VizzVox OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VizzVox BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF VizzVox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, VizzVox’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT VizzVox IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, VizzVox WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF VizzVox TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO VizzVox FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Idea Submission Policy

We sincerely appreciate that many of our customers and third parties are interested in submitting ideas for products and services to be used at VizzVox, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission which is intended to avoid any misunderstanding surround the submission of ideas:

Unsolicited ideas submitted to VizzVox, Inc. or any of its employees automatically become the property of VizzVox, Inc. By submitting unsolicited ideas to VizzVox, Inc. you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to VizzVox, Inc. or its employees. Instead, describe ONLY the general concept or application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by VizzVox in order to evaluate your concept(s).

Intellectual Property

The systems, services, and products, or portions thereof that form part of the Services, are covered by pending US patent applications. You agree not to take any action that will interfere with or disrupt the Service.

VizzVox will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. VizzVox may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that VizzVox has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you. All items purchased through VizzVox are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, VizzVox will not bill you until we ship the items ordered. VizzVox reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of VizzVox to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.