End-User License Agreement
MyVocal requires that you accept the following End-User License Agreement before installation can proceed:
BY USING ANY OF MYVOCAL HOLDINGS INC. ("MyVocal" OR "WE") SERVICES (THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
You will be referred to from time to time as "your" or "Member" in this Agreement. "Account" means the account registered to any user under which the Service is provided.
You represent and warrant that you are at least 18 years of age or have the approval of your parent or guardian to use the Service. If MyVocal becomes aware that a Member is under the age of 18 or under the age of 18 and not supervised by an appropriate guardian, MyVocal reserves the right to cancel the Account.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at MyVocal's sole discretion, and you may be reported to appropriate law-enforcement agencies.
You are responsible for providing any and all equipment and services needed to access the MyVocal systems. MyVocal is not responsible for any telephone or internet connection charges incurred by the Member in the use of the Service.
When you register, you will select a password and pin. All Members agree to keep their password and pin secret. You will be held liable for all Account misuse by others. You are responsible for maintaining the confidentiality of the password and pin to your Account, and are fully responsible for all activities that occur under your Account. We strongly recommend you change password and pin if you feel there may have been a breach in security. You must promptly notify MyVocal if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user phone number, password or pin. MyVocal cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You may only use MyVocal for legal purposes. Any illegal use of MyVocal is strictly prohibited.
You shall not use MyVocal on a mobile phone while driving to the extent prohibited in the state or area in which you are accessing the Service. In addition, in those areas where mobile phones are permitted to be used while driving a vehicle (i) the Service should be accessed through a hands-free telephone while driving a vehicle and (ii) the Service must be accessed through a hands-free telephone while driving a vehicle if required by such area's laws. MyVocal shall not be liable for any injury caused while you use the Service.
Without limiting MyVocal's right to terminate your Account as described elsewhere in this Agreement, MyVocal may, without notice, terminate your Account for violation of any of the foregoing rules by any party utilizing your Account.
Unscheduled shutdowns may occur without prior warning. MyVocal will attempt to inform each customer by posting a message on the MyVocal Web Site of the day of planned shutdowns before they occur. The user waives all liability regarding damages involved from shutdowns.
Provision of Service
MyVocal guarantees that its service will be available most of the time. Other than expressly described above, we make no guarantee as to the continuous availability of the Service or any specific feature of the Service. In addition, the Service may be unavailable during periodic or other required backup or maintenance periods.
We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
Restrictions On Use Of Materials
All materials published by MyVocal including, but not limited to, informational resources, photographs, images, illustrations, audio clips, and video clips (collectively, "Content") are protected by copyright, and owned or controlled by MyVocal, or affiliated companies, or a third-party providers. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service.
No material from the Service may be copied, reproduced, republished, uploaded, posted, or transmitted, other than through the Service, nor may derivative works be created from them or distributed in any way.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (the "Software") used to provide the Service.
You agree to indemnify and hold MyVocal, and its subsidiaries, affiliates, managers, members, officers, directors, agents, co-branders or other partners, and employees, harmless from any all claims, demands, liabilities, damages and expenses (including without limitation fees of attorneys and experts), directly or indirectly arising from or in connection with any claim or demand made or threatened by any third party due to or arising out of your use of the Service or conduct while using the Service, your violation of this Agreement, or your violation of any rights of another, including without limitation relating to any claims made that your use of the Service caused you to be distracted from activities you were participating in while utilizing the Service.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYVOCAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MYVOCAL MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS PERFORMED AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE BY YOU AND ALL USERS OF YOUR ACCOUNT.
IN PARTICULAR, MYVOCAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
The entire risk as to the quality and performance of the Service is borne by you. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Further, MyVocal explicitly disclaims any responsibility for the accuracy, content, or availability of information transmitted through the Service. MyVocal cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MYVOCAL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SERVICE (EXCEPT AS DESCRIBED ABOVE WITH RESPECT TO THE SERVICE GUARANTEE) OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MYVOCAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MYVOCAL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), MYVOCAL'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE LAST THIRTY (30) MOST RECENT CALENDAR DAYS OF YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Price And Payment; Termination of Service
Each Member agrees to pay all service charges, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
Payments to MyVocal are non-refundable. No refunds for unused time shall be given for cancelled Accounts.
Cancellations of accounts must be made either by E-mail (firstname.lastname@example.org). For the Accounts with active subscriptions, such notice of cancellation must be made at least 5 days' prior to the end of a calendar month, or the cancellation will take affect at the end of the following month.
MyVocal may terminate your Account or access rights to this Service immediately without notice if in MyVocal's sole discretion you fail to comply with any term or provision of this Agreement. Your right to use the Service is subject to any limits established by MyVocal. If payment of your Account is not made when due, MyVocal reserves the right to either suspend or terminate your access and Account, thereby terminating this Agreement and all obligations of MyVocal hereunder. You shall be responsible for any balance due on your Account, including without limitation, extra fees for bounced checks or account re-activations. Bills unpaid more than 15 days may be sent to a third party for collection and may incur a collection fee.
Each Member will submit and maintain a correct e-mail address and other Account information. We may give notice to the Members by means of a general notice on the Service, electronic mail to your e-mail address on record in our Account information, or by written communication sent by mail to your address on record in our Account information.
This Agreement shall be governed by and construed in accordance with the laws of British Virgin Islands, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing other than as provided below.
Your right to use MyVocal is not transferable, unless expressly permitted by MyVocal. MyVocal may assign this Agreement, in whole or in part, at any time with or without notice to you.
BY REGISTERING ON MYVOCAL WEB SITE AND USING ANY OF MYVOCAL SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU SHOULD NOT REGISTER TO THE SERVICE OR TERMINATE YOUR REGISTERED ACCOUNT IMMEDIATELY AND DISCONTINUE YOUR USE OF THE SERVICE.
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