PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Blumvox Studios Inc. consisting of the website available at http://www.Blumvoxstudios.com, and its network of websites, products, or any other products or services offered by Blumvox Incorporated. Other services offered by Blumvox may be subject to separate terms.
When using the Blumvox Website, you may be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted online from time to time. The Terms of Service apply whether you are a user that registers an account with Blumvox Studios or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Services, you are entering into a legally binding agreement between you and Blumvox Studios regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Blumvox Studios Services.
When using or opening an account Blumvox Studios on behalf of a company, entity, or organization (collectively, “ Subscribing Organization ”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
The Blumvox Studios Services are also not available to any users previously removed from the Blumvox Studios Services by Blumvox Studios..
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE Blumvox Studios SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE Blumvox Studios SERVICES.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Blumvox Studios upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Blumvox Studios, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Blumvox Studios reserves all available legal rights and remedies to prevent unauthorized use of the Blumvox Studios Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Blumvox Studios at: [email protected]
Access to the Blumvox Studios Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Blumvox Studios Services.
Blumvox Studios reserves the right to change these Terms of Service at any time at our discretion. We will give you notice of the changes by posting an updated version of these Terms of Service online, updating the “Last Update” date above, or by emailing you at an email address you have provided. Changes to these Terms of Service will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of Blumvox Studios Services after changes to these Terms of Service take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Blumvox Studios Services.
Blumvox Studios are owned and operated by Blumvox Studios, Inc. Unless otherwise indicated, all content, information, and other materials on the Blumvox Studios Services, including, without limitation, Blumvox Studios’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Blumvox Studios Services are the property of Blumvox Studios Incorporated or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Blumvox Studios, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Blumvox Studios Services for your personal use or internal business use only.
Blumvox Studios reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Blumvox Studios Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Blumvox Studios Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Blumvox Studios Services, the Materials, or any information contained in them, except as expressly permitted on the Blumvox Studios Services; or (f) any use of the Blumvox Studios Services or the Materials except for their intended purposes. Any use of the Blumvox Studios Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Blumvox Studios Incorporated, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Blumvox Studios can terminate this license at any time, without notice.
BY USING THE Blumvox Studios SERVICES, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Blumvox Studios Services.
You agree that you will comply with these Terms of Service and Blumvox Studios Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Blumvox Studios Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Blumvox Studios Services, or perform any other similar fraudulent activity;
iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Blumvox Studios Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
iv. harvest or collect the email addresses or other contact information of other users from the Blumvox Studios Services;
v. defame, harass, abuse, threaten or defraud users of the Blumvox Studios Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Blumvox Studios Services or User Content, features that prevent or restrict use or copying of any content accessible through the Blumvox Studios Services, features that enforce limitations on the use of the Blumvox Studios Services or User Content, or delete the copyright or other proprietary rights notices on the Blumvox Studios Services or User Content;
vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Blumvox Studios Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
viii. modify, adapt, translate or create derivative works based upon the Blumvox Studios Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage operation of the Blumvox Studios Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used and/or licensed by Blumvox Studios including but not limited to the Blumvox Studios Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Blumvox Studios may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Blumvox Studios, including but not limited to the Blumvox Studios Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Blumvox Studios Services;
xiii. interfere with or disrupt the Blumvox Studios Services or servers or networks connected to the Blumvox Studios Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Blumvox Studios Services; use the Blumvox Studios Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Blumvox Studios Services, or that could damage, disable, overburden or impair the functioning of the Blumvox Studios Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Blumvox Studios;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Blumvox Studios Services that you are not authorized to access;
xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Blumvox Studios Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Blumvox Studios takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Blumvox Studios liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Blumvox Studios Services. Your use of the Blumvox Studios Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Blumvox Studios Services will not contain any content that is prohibited by such rules.
Blumvox Studios is not liable for any statements or representations included in User Content. Blumvox Studios does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Blumvox Studios expressly disclaims any and all liability in connection with User Content. Although Blumvox Studios has no obligation to screen, edit, or monitor any of the User Content, Blumvox Studios reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Blumvox Studios Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Blumvox Studios Services at your sole cost and expense. Any use of the Blumvox Studios Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Blumvox Studios Services.
Blumvox Studios respects the intellectual property of others. If you are a copyright owner or agent thereof and believe that content posted on the Blumvox Studios Services infringes upon your copyright, please advise Blumvox Studios immediately and we will remove the content or make amends accordingly.
BLUMVOX STUDIOS , the Blumvox Studios logos, VoiceMonkey Dispatch, the VoiceMonkey Dispatch logos, and any other product or service name, logo, or slogan used by Blumvox Studios , and the look and feel of the Blumvox Studios Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Blumvox Studios, and may not be used in whole or in part in connection with any product or service that is not Blumvox Studios’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blumvox Studios, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Blumvox Studios may provide you from time to time.
All other trademarks referenced in the Blumvox Studios Services are the property of their respective owners. Reference on the Blumvox Studios Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
In addition to the User Content, Blumvox Studios may provide other third party content on the Blumvox Studios Services (collectively the “Third-Party Content”). Blumvox Studios does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Blumvox Studios Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the Blumvox Studios Services (“Reference Sites”). Blumvox Studios does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Blumvox Studios Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Blumvox Studios or its employees, you acknowledge and agree that Blumvox Studios shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Blumvox Studios reserves the right, without notice and in our sole discretion, to terminate your license to use the Blumvox Studios Services (including to post User Content), and to block or prevent your future access to and use of the Blumvox Studios Services. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. Your only remedy with respect to any dissatisfaction with (i) the Blumvox Studios Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Blumvox Studios in operating the Blumvox Studios Services, or (iv) any content or information transmitted through the Blumvox Studios Services, is to terminate your account and to discontinue use of any and all parts of the Blumvox Studios Services.
You agree to indemnify, defend, and hold harmless Blumvox Studios , its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Blumvox Studios Services, any Content you post, store or otherwise transmit in or through the Blumvox Studios Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Blumvox Studios reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Blumvox Studios, and you agree to cooperate with Blumvox Studios ’s defense of these claims. Blumvox Studios will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE BLUMVOX STUDIOS SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BLUMVOX STUDIOS ; (B) BLUMVOX STUDIOS , AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“BLUMVOX STUDIOS PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BLUMVOX STUDIOS SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) BLUMVOX STUDIOS DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE BLUMVOX STUDIOS SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) BLUMVOX STUDIOS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE BLUMVOX STUDIOS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE BLUMVOX STUDIOS SERVICES SAFE, BLUMVOX STUDIOS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE BLUMVOX STUDIOS SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUMVOX STUDIOS OR THROUGH THE BLUMVOX STUDIOS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “BLUMVOX STUDIOS ” INCLUDES BLUMVOX STUDIOS ’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BLUMVOX STUDIOS OR THE BLUMVOX STUDIOS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE BLUMVOX STUDIOS SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLUMVOX STUDIOS , OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLUMVOX STUDIOS ’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLUMVOX STUDIOS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE BLUMVOX STUDIOS SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BLUMVOX STUDIOS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BLUMVOX STUDIOS AND RECEIVED THROUGH OR ADVERTISED ON THE BLUMVOX STUDIOS SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT BLUMVOX STUDIOS HAS OFFERED THE BLUMVOX STUDIOS SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BLUMVOX STUDIOS , AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BLUMVOX STUDIOS . BLUMVOX STUDIOS WOULD NOT BE ABLE TO PROVIDE THE BLUMVOX STUDIOS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
The following section only applies to you if you are a consumer resident in the European Union: Neither Blumvox Studios and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organization, then you are not granted any rights under this section.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BLUMVOX STUDIOS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BLUMVOX STUDIOS .
You and Blumvox Studios agree to arbitrate any dispute arising from these Terms of Service or your use of the Blumvox Studios Services, except that you and Blumvox Studios are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Blumvox Studios agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Blumvox Studios shall be sent to
321 N. Pass Ave., #60
Burbank, CA 91505
You and Blumvox Studios further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Blumvox Studios will not commence against the other a class action, class arbitration or other representative action or proceeding.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blumvox Studios without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
YOU AND BLUMVOX STUDIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLUMVOX STUDIOS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.