Welcome to Voiponder! By using Voiponder website (the "Voiponder Site"), you
agree to be bound by the following terms and conditions.
The Voiponder Site is owned and operated by Iomemo Technologies, Inc.
("Iomemo"). Your use of the Voiponder Site and any of the Voiponder Services (as
("Terms"), which may be updated from time to time as set forth below. In
addition, your use of particular services offered on the Voiponder Site
("Voiponder Services") may be subject to specific guidelines or rules posted from
time to time. Your use of the Voiponder Site and/or the Voiponder Services
(collectively, "Voiponder Site/Services") constitutes full acceptance of and
agreement to the Terms and applicable Rules; if you do not accept the Terms and
Rules, you are not granted rights to use the Voiponder Site or any Voiponder
Services and should refrain from accessing the Voiponder Site/Services. In the
event of any material change to the Terms, we will use reasonable efforts to
email notice of the change to Members (as defined below) in advance. If we
change any Rules, we will post the changed version on the location where those
Rules normally appear. Voiponder reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Voiponder Site or
any Voiponder Services (or any part thereof) without notice. Voiponder shall not
be liable to you or any third party for any such modification, suspension or
relating to the collection and use of your personal information.
If a particular Voiponder Service requires you to open an account, or if you
elect to become a registered member of Voiponder ("Member"), you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You then will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Voiponder immediately of any unauthorized use of your account or any
other breach of security. Voiponder will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or
without your knowledge.
Links to Third Party Sites
The Voiponder Site may contain images of and links to third party websites
("Linked Sites"). The Linked Sites are not under the control of Voiponder and
Voiponder is not responsible for the contents of any Linked Site. Voiponder is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Voiponder of the site or any association with
its operators. You are responsible for viewing and abiding by the privacy
parties (including advertisers) included within the Voiponder Site or
participation in promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the
advertiser or other third party. Voiponder shall not be responsible or liable for
any part of any such dealings or promotions.
Use of Voiponder Site/Services
Content Provided by Third Parties
- As a condition of your use of the Voiponder Site/Services, you will not
use the Voiponder Site/Services for any purpose that is unlawful or prohibited by
these Terms or Rules. By way of example, and not as a limitation, you agree that
when using a Voiponder Site/Services, you will not:
- Use the Voiponder
Site/Services in any manner that could damage, disable, overburden, or impair
any Voiponder Site/Services or interfere with any other party's use and enjoyment
of any Voiponder Site/Services.
- Attempt to gain unauthorized access to
any Voiponder Site/Service, other accounts, computer systems or networks
connected to any Voiponder Site/Service, through hacking, password mining or any
- Obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Voiponder
- Use the Voiponder Site/Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
post, upload, distribute or disseminate any topic, name, material or information
that incites discrimination, hate or violence towards one person or a group
because of their belonging to a race, a religion or a nation.
or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto or have
received all necessary consents to do the same.
- Use any material or
information, including images or photographs, which are made available through
the Voiponder Site/Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, spyware, or any other similar software or programs
that may damage the operation of another's computer or property of another.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of material contained
in a file that is uploaded.
- Harvest or otherwise collect information
about others, including email addresses.
- Create a false identity for
the purpose of misleading others. Voiponder has no obligation to monitor the
Voiponder Site. However, Voiponder reserves the right to review materials posted
to the Voiponder Site and to remove any materials in its sole discretion.
Voiponder reserves the right at all times to disclose any information as Voiponder
deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Voiponder's sole discretion.
Voiponder does not control or endorse the content, messages or information
posted to the Voiponder Site or transmitted via any Voiponder Services ("Content")
and does not guarantee the accuracy, integrity, or quality of such Content.
Voiponder specifically disclaims any liability with regard to the Content,
including, without limitation, liability for any errors or omissions, or for any
damage incurred as a result of the use of Content. Views expressed on the
Voiponder Site do not necessarily reflect those of Voiponder. Contributors to the
Voiponder Site may or may not have an interest in a company or product they are
discussing. The decision whether to disclose that information is theirs to make.
Voiponder does not guarantee the veracity, objectivity, reliability or
completeness of any information provided on the Voiponder Site or on any Linked
Site. By using Voiponder Site/Service, you may be exposed to Content that is
offensive, indecent or objectionable. You must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. Content on the Voiponder Site may be
subject to posted limitations on usage, reproduction and/or dissemination; you
are responsible for adhering to such limitations if you download the
No Resale of Service
You agree not to sell, resell or offer for any commercial purposes, any use
of the Voiponder Services or access to the Voiponder Site/Services.
Materials Provided to Voiponder or Posted at Voiponder Site
Voiponder does not claim ownership of the materials you provide to Voiponder or
post, upload, input or submit to any Voiponder Service for review by the general
public, or by the members of any public or private community ("Submission"). No
compensation will be paid with respect to the use of your Submission. Voiponder
is under no obligation to post or use any Submission you may provide and
Voiponder may remove any Submission at any time in its sole discretion. By
providing a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submission.
Practices Regarding Use and Storage
Voiponder may establish practices and limits concerning use of the Voiponder
Site/Services. While Voiponder will use reasonable efforts to back up Voiponder
Site/Services data and make such data available in the event of loss or
deletion, Voiponder has no responsibility or liability for the deletion or
failure to store any messages, other communications, Submissions or other
Content maintained on the Voiponder Site or transmitted by any Voiponder Service.
Voiponder reserves the right to archive any Content or to mark as "inactive" and
archive accounts that are inactive for an extended period of time.
You agree to indemnify, defend and hold harmless each of Voiponder and its
affiliates and their respective officers, employees and agents, and any of
Voiponder's website partners, from any and all claims or demands, including
reasonable attorneys' fees, made by any third party due to or arising out of
your acts or omissions, including claims arising out of your use of the Voiponder
Site/Services; your Submissions, your transmission of information via the
Voiponder Site/Services; or your violation of these Terms or any Rules.
Your use of the Voiponder Site/Services is
at your sole risk. The Voiponder Site/Services are provided on an "as is" and "as
available" basis and Voiponder assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any of your communications or
personalization settings. You will be solely responsible for any damage to your
computer system or loss of data which results from the use of the Voiponder
Site/Services. Voiponder expressly disclaims all warranties of any kind, whether
express or implied, including without limitation, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Specifically, Voiponder makes no warranty that (i) the Voiponder Site/Services
will meet your requirements, (ii) your access will be uninterrupted, timely,
secure or error-free, (iii) the quality of any content, products, services,
information or other material you obtain will meet your expectations, and (iv)
any errors in the Voiponder Site/Services will be corrected. We do not guarantee
continuous uninterrupted or secure access to the Voiponder Site/Services.
Operation of the Voiponder site may be subject to interference from numerous
factors outside our control. Further, scheduled and preventive maintenance as
well as required and emergency maintenance work may temporarily interrupt
services or access to the Voiponder site. The disclaimers of warranty and
limitations of liability apply, without limitation, to any damages or injury
caused by the failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of or use of
any asset, whether arising out of breach of contract, tortious behavior,
negligence or any other course of action by Voiponder. You specifically agree
that Voiponder shall not be responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent or received or not sent
or received, or any transactions entered into through a Voiponder Site/Service.
You specifically agree that Voiponder is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or conduct of any
other party or any infringement of another's rights, including intellectual
property rights. You specifically agree that Voiponder is not responsible for any
content sent using and/or included in a Voiponder Site/Service by any third
party. In no event shall Voiponder and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, or consequential damages including,
without limitation, damages for loss of use, data or profits, arising out of or
in any way connected with the use or performance of the Voiponder Site/Services,
with the delay or inability to use the Voiponder Site/Services, the provision of
or failure to provide services, or for any content, products, or services
obtained through the Voiponder Site/Services, or otherwise arising out of the use
of the Voiponder Site/Services, whether based on contract, tort, negligence,
strict liability or otherwise, even if Voiponder or any of its suppliers has been
advised of the possibility of damages. Because some states/jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If you are dissatisfied with
any portion of the Voiponder Site/Services, or with any of these terms, your sole
and exclusive remedy is to discontinue using the Voiponder Site/Services.
Voiponder reserves the right, in its sole discretion, to terminate your
account and/or access to the Voiponder Site or any or all Voiponder Services or
any portion thereof at any time, without notice. Voiponder will not be liable to
you or any third party for termination of your account or access to the Voiponder
These Terms are governed by the laws of the provincial laws of British
Columbia and the federal laws of Canada that apply in British Columbia. You
hereby irrevocably consent to the exclusive jurisdiction and venue of the courts
of British Columbia, Canada in all disputes arising out of or relating to the
use of the Voiponder Site/Services. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Voiponder as a result
of these Terms or use of the Voiponder Site/Services. Voiponder's performance of
these Terms is subject to existing laws and legal process, and nothing contained
in these Terms is in derogation of Voiponder's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Voiponder Site/Services or information provided to or gathered by Voiponder with
respect to such use. If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms shall continue in effect. These Terms and the Rules
constitute the entire agreement between you and Voiponder with respect to the
Voiponder Site/Services and supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and Voiponder
with respect to the Voiponder Site/Services. A printed version of these Terms and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.