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Terms of Use

Terms of Use

These Terms of Use (“Terms”) oversee your use of the ClearVoices site, located at www.clearvoices.net, any cellular applications, and services (“Site”) offered by ClearVoices. Be sure to read these Terms prior to using or going forward to use of the Site. Do not consent to the Terms unless you both entirely acknowldege and agree each provision. By using or continuing to use the website, you represent and justify that you understand, consent to, and agree to all terms and conditions included in these Terms.

1. General Terms

ClearVoices will provide this Site to content rights holders seeking distribution and narration services for their works “Rights Holders”and to narrators and/or voice actors looking to provide narration services (“Narrators”), and to any other entity on whose behalf users agree to these Terms. The term “you” or “You” or “User” or “Users” shall refer to Rights Holders, Narrators, or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between ClearVoices and you, and you accept them by: (a) contracting for narration services through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

To the degree that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

2. Privacy Policy

Please refer to the ClearVoices Privacy Policy for information on how ClearVoices collects, uses and discloses information about you.

3. Services

ClearVoices controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. ClearVoices services may not be available in your location, and available services may vary among locations.

4. Your obligations and conduct

In consideration of your use of the Site, you agree: (a) that you have capacity to agree to these Terms on your own behalf; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to ClearVoices, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.

You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to ClearVoices or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. ClearVoices reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that ClearVoices, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Site;
  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
  • Restrict or inhibit any other user from using and enjoying the Site.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms.

By using the Site, you understand and agree that ClearVoices may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that ClearVoices may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

Upon identification of a potential violation of the representations and warranties, you acknowledge and agree that ClearVoices shall have the right, but not the obligation, to verify such representations and warranties. You agree that ClearVoices may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

You understand and agree ClearVoices neither confirms nor denies the validity of information provided by Users and that ClearVoices does not verify that any or all of the Eligibility Conditions are met by Users.

ClearVoices expressly disclaims, and you expressly release ClearVoices from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.

ClearVoices reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to ClearVoices in its sole discretion. Alleged improprieties by any User may be reported to ClearVoices by email at [email protected].

5. Confidentiality of ClearVoices information

You may obtain direct access via the Site to certain confidential information of ClearVoices and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with ClearVoices and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from ClearVoices, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to ClearVoices adequate to afford ClearVoices the opportunity to object to the disclosure.

6. Content submitted to the site

ClearVoices does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content except that which is agreed upon between ClearVoices and Rights Holders and Narrators in separate individual services agreements. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. ClearVoices shall be free to use or disseminate such Content for the purpose of promoting the audio recordings of its works either by ClearVoices, its affiliates, or its partners, and you grant ClearVoices a worldwide, royalty-free, nonexclusive license to use, reproduce, distribute, transmit, display, distribute, and market such Content (including in digital form) under the terms defined in the Clear ClearVoices Digital Distribution Agreement. You represent and warrant that you have proper authorization for the worldwide transfer and processing among ClearVoices, its affiliates, partners, and third-party providers of any information that you may provide on the Site.

7. Terms of Transacting Business

You understand and agree that you will enter into a separate Services Agreement (“Services Agreement”) with ClearVoices that will further govern all aspects of the production, narration, and distribution of all audio recordings of a Rights Holders works. You agree that you are willing to accept the terms and conditions of this Services Agreement.

8. Advertisements and Promotions

ClearVoices may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ClearVoices found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. ClearVoices is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ClearVoices advertisers on the Site.

9. Content provided via links

You may find links to other websites or resources on the Site. You acknowledge and agree that ClearVoices is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ClearVoices will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Intellectual Property Rights

ClearVoices grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by ClearVoices, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. ClearVoices reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from ClearVoices. You may like or follow ClearVoices or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.

Except as expressly authorized by ClearVoices or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software ClearVoices discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

“ClearVoices Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations ClearVoices, or its affiliates, use in connection with its products and services. You may not remove or alter any ClearVoices Trademarks, or co-brand your own products or material with ClearVoices Trademarks, without ClearVoices prior written consent. You acknowledge ClearVoices’ rights in ClearVoices Trademarks and agree that any use of ClearVoices Trademarks by you shall inure to ClearVoices sole benefit. You agree not to incorporate any ClearVoices Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by ClearVoices on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

11. Copyright Infringement

ClearVoices respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with ClearVoices and the Site, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. ClearVoices reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Site infringes your copyright, you (or your agent) may send ClearVoices. a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ClearVoices to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: [email protected]

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

12. Termination and Suspension

ClearVoices reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.

13. Disclaimer of Warranties

USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. CLEARVOICES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. CLEARVOICES MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.

CLEARVOICES MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

14. Limitation of Liability

THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING NARRATION SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE NARRATION SERVICES.

YOU UNDERSTAND AND AGREE THAT CLEARVOICES HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT CLEARVOICES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT CLEARVOICES IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, CLEARVOICES EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES CLEARVOICES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.

TO THE FULL EXTENT PERMITTED BY LAW, CLEARVOICES IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF CLEARVOICES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CLEARVOICES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO CLEARVOICES OR A CLEARVOICES PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND CLEARVOICES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND CLEARVOICES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 16.

15. Assumption of Risk

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online interactions with other Users.

16. Indemnification

You agree to indemnify, defend, and hold harmless ClearVoices and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by ClearVoices in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. You further agree that you will cooperate as requested by ClearVoices in the defense of such claims. ClearVoices reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of ClearVoices without the written consent of ClearVoices.

17. Notices; modification and termination of services; amendment of terms

ClearVoices may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. ClearVoices reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. ClearVoices may also delete, or bar access to or use of, all related information and files. ClearVoices will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. ClearVoices may amend these Terms at any time by posting the amended terms on this Site.

18. Governing Law

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of Ohio.

19. Entire Agreement

These Terms constitute the entire agreement between you and ClearVoices relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions, including but not limited to the Services Agreement, that may apply when you use ClearVoices or third-party products or services.