FacelessVoice Terms & Conditions
Welcome to facelessvoice.com ("facelessvoice.com" or the "Site"). FacelessVoice Productions Inc. ("FacelessVoice") provides website features to you subject to the following conditions of use ("Conditions of Use"). If you visit or buy audiostories or related products at facelessvoice.com, you accept these Conditions of Use. Please read them carefully. In addition, when you use any current or future FacelessVoice service or business, you will also be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these Conditions of Use are inconsistent with such Terms, the Terms will control.
FacelessVoice Service permits users to purchase proprietary licensed and original audio content ("FacelessVoice Service"), such as audio stories ("FacelessVoice Content") through various means (including the Site and any other domain names as may be operated, acquired, or used from time to time by FacelessVoice, wired and wireless connections, and telephony based networks) and playback such FacelessVoice Content on a computer or other hardware device. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card to use the FacelessVoice Service.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our FacelessVoice Purchase Terms and Conditions (located on this same page), which governs any purchase you may make from the Site. We reserve the right to make changes to the Site, its policies, and these Conditions of Use at any time. Your continued use of this Site following any changes will indicate your acceptance of these changes. If you do not agree to any change to these Conditions of Use or any other policy posted on this Site, you must immediately stop using this Site. If any condition or term set forth in any policy on the Site or in these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit facelessvoice.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your consent to electronic agreements is necessary for use of the FacelessVoice Service. You may withdraw consent by sending FacelessVoice an e-mail; however, this will result in the termination of your ability to use the FacelessVoice Service.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and FacelessVoice Content, is the property of FacelessVoice or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this Site is the exclusive property of FacelessVoice and protected by Canadian and international copyright laws. All software used on this Site is the property of FacelessVoice or its software suppliers and protected by Canadian and international copyright laws.
FacelessVoice, facelessvoice.com, and other facelessvoice.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FacelessVoice in Canada and/or other countries. FacelessVoice's trademarks and trade dress may not be used in connection with any product or service that is not FacelessVoice's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FacelessVoice. All other trademarks not owned by FacelessVoice that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FacelessVoice.
LICENSE AND SITE ACCESS
FacelessVoice grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FacelessVoice. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FacelessVoice. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FacelessVoice without express written consent. You may not use any meta tags or any other "hidden text" utilizing FacelessVoice's name or trademarks without the express written consent of FacelessVoice. Any unauthorized use terminates the permission or license granted by FacelessVoice. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of facelessvoice.com so long as the link does not portray FacelessVoice, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FacelessVoice logo or other proprietary graphic or trademark as part of the link without express written permission.
HACKING AND SECURITY
We use a variety of means to protect the security of this Site. You agree not to attempt to access data or materials not intended for you, log into a server or account that you are not authorized to access, test the vulnerability of our network and security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through this Site, you agree that protection of your own software, personal computer and other devices from malicious software is your responsibility and agree to install anti-virus and other security protections.
As a registered user of the FacelessVoice Service, you may receive or establish one or more passwords and accounts ("FacelessVoice Account"). If you use this Site, you are responsible for maintaining the confidentiality of your FacelessVoice Account(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under any of your FacelessVoice Accounts. FacelessVoice does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use facelessvoice.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You agree to ensure that all information you provide when registering for the Site or any offerings under the FacelessVoice Service or when responding to requests for information from us will be current, complete, and accurate and you agree to maintain and update the information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing FacelessVoice fees to your credit card.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. FacelessVoice has the right but not the obligation to monitor and edit or remove any activity or content. FacelessVoice takes no responsibility and assumes no liability for any content posted by you or any third party.
REMOVAL OF FACELESSVOICE CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any FacelessVoice Content or any other materials posted to or otherwise displayed on the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such FacelessVoice Content or materials under this Agreement.
FACELESSVOICE SERVICE DESCRIPTIONS
FacelessVoice attempts to be as accurate as possible. However, FacelessVoice does not warrant that FacelessVoice Content or other product descriptions or content on this Site is accurate, complete, reliable, current, or error-free.
We may offer content from parties other than FacelessVoice and may permit parties other than FacelessVoice to provide services or sell products on the Site or in connection with the FacelessVoice Service. We may also provide links on the Site to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. FacelessVoice does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
FacelessVoice may at any time and at its sole discretion terminate your right to use this Site, the FacelessVoice Service, and/or your FacelessVoice Account if FacelessVoice determines, in its sole discretion, that you have violated these Conditions of Use or any other policy posted on the Site or applicable to the FacelessVoice Service.
TERMINATION OF FACELESSVOICE SERVICE
Our business will change over time and we reserve the right to modify, suspend or discontinue any service or any content we offer, in whole or in part, at any time, including the FacelessVoice Service, with or without notice and without liability to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT, UNLESS OTHERWISE SPECIFIED IN WRITING IN ANY OTHER POLICY POSTED ON THIS SITE AND APPLICABLE TO THE FACELESSVOICE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH FACELESSVOICE SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR ANY OF OUR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH FACELESSVOICE SERVICES AND CONTENT IN EXCESS OF THE PRICE PAID BY YOU FOR THE PARTICULAR SERVICE OR CONTENT GIVING RISE TO THE DAMAGE (IF APPLICABLE).
CERTAIN PROVINCIAL AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting facelessvoice.com or using the FacelessVoice Service, you agree that the laws of the province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FacelessVoice.
Except as otherwise specifically provided in the conditions of use applicable to an FacelessVoice product or service, any dispute relating in any way to your visit to facelessvoice.com or to products or services sold or distributed by FacelessVoice or through facelessvoice.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 will be adjudicated in any province or federal court in Vancouver, British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.
We may provide notices to you by sending them to the email address associated with your account and our notice sent to you by email will be deemed received when sent. Any notice you have for us must be sent to such address or email address as we provide in a notice to you or on this Site.
FacelessVoice Purchase Terms and Conditions
In addition to the foregoing FacelessVoice Site Conditions of Use, the purchase of FacelessVoice Content on this Site is subject to the following additional FacelessVoice Purchase Terms and Conditions. By purchasing any FacelessVoice Content from the FacelessVoice Site, you agree to be bound by these FacelessVoice Purchase Terms and Conditions, which are subject to change by FacelessVoice at any time, in its sole discretion. Changes to these FacelessVoice Purchase Terms and Conditions will be effective when posted. Continued use of the Site and/or any purchase by you from the Site constitutes acceptance of the most recent version of these FacelessVoice Purchase Terms and Conditions.
PURCHASE OF FACELESSVOICE CONTENT
- Shopping Cart Purchases. You may purchase FacelessVoice Content on an "Shopping Cart" basis. If you purchase FacelessVoice Content on an "Shopping Cart" basis, you pay for the FacelessVoice Content you select and your credit card is charged at the time you make the purchase. Shopping Cart purchases can be made by both members of facelessvoice.com and non-members.
- FacelessVoice Content License. When you purchase FacelessVoice Content, FacelessVoice grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such FacelessVoice Content to your computer and/or other hardware device(s) solely for your personal non-commercial use. You may also copy any of your FacelessVoice Content onto a CD or other tangible media device once. You agree to not otherwise copy, reproduce, distribute or use the FacelessVoice Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the FacelessVoice Content in any manner and you will not exploit it commercially. You agree to not decompile, disassemble, or reverse engineer the FacelessVoice Content, or modify the FacelessVoice Content or create any derivative works therefrom. The license to the FacelessVoice Content you purchase will continue for as long as your copy of FacelessVoice Content exists pursuant to these FacelessVoice Purchase Terms and Conditions.
- Pricing. With respect to all Shopping Cart purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the FacelessVoice Content itself, as determined by FacelessVoice, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.
- Right to Change Prices. Prices of all FacelessVoice Content are subject to change at any time in FacelessVoice's sole discretion. All such pricing changes will be posted to the FacelessVoice Site.
- Delivery of FacelessVoice Content. All FacelessVoice Content will be delivered via download links presented on the payment confirmation page, and sent to your email. You agree to check your spam/junk mailbox for such emails, as they may appear their on some web-based email sites. The download links will expire 48 hours after purchase.
- Risk of Loss. You bear all risk of loss for completing the download of FacelessVoice Content, once we have made such content available to you and for any loss of FacelessVoice Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. We encourage you to download FacelessVoice Content promptly after purchase, as the download links last for 48 hours after purchase, and to make back-up copies. If you are unable to complete a download for whatever reason, please contact FacelessVoice support (email address posted in the contact section).
- Availability of FacelessVoice Content. We will exercise reasonable efforts to provide FacelessVoice Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. Your sole remedy with respect to FacelessVoice Content that is not delivered within a reasonable period will be replacement of such FacelessVoice Content or a refund for the amount of such FacelessVoice Content.
- Limited Express Warranty. Except as expressly provided herein, any FacelessVoice Content you purchase is provided "AS IS" and "AS AVAILABLE." The FacelessVoice Service is only warranted as stated below:
FacelessVoice warrants that (i) the FacelessVoice Content that you license directly through the FacelessVoice Service will be of a quality suitable for human listening, and (ii) the media in which the FacelessVoice Content is provided will be free from material defects on delivery, if, in each case, the FacelessVoice Content is obtained pursuant to FacelessVoice's instructions using equipment that is in good operating condition and meets the specifications for the FacelessVoice Service as provided by FacelessVoice.
If you find a defect in FacelessVoice Content, you may email FacelessVoice support and FacelessVoice will consult with you on proper downloading procedures and hardware requirements. If you are still unable to download a working copy of the FacelessVoice Content or the FacelessVoice Content is not as warranted above, FacelessVoice will provide you with replacement FacelessVoice Content or a refund, as determined by FacelessVoice in its sole discretion, if you advise FacelessVoice within 7 days of your first attempt to download the material by emailing FacelessVoice support or submitting the support request form available at the Site, provided you meet the registration, technical, and payment requirements for the FacelessVoice Service.
THE FOREGOING WARRANTIES DO NOT COVER DEFECTS CAUSED BY VIRUSES, DISABLING CODES, ACCIDENT, MISHANDLING, MISUSE, IMPROPER INSTALLATION, SERVICE OR MAINTENANCE, MODIFICATION OF ANY FACELESSVOICE SOFTWARE OR FACELESSVOICE CONTENT OR THE MEDIA ON WHICH ANY FACELESSVOICE CONTENT ARE FURNISHED, OR THE USER'S LACK OF THE NECESSARY HARDWARE/SOFTWARE.
OTHER THAN AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FACELESSVOICE SERVICE AND FACELESSVOICE CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT FACELESSVOICE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO FACELESSVOICE EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED ABOVE.