This Agreement and the terms contained herein is subject to change by Voctiv at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Services. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Services immediately. Your continued use of the Services after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.
Voctiv reserves the right to modify, amend, or terminate the Services or its associated content at any time and without prior notice. Voctiv also reserves the right to refuse Services or access to the Services to any person or business entity at any time and without notice.
In using the Services, you understand and agree that Voctiv is not responsible for any charges, fees, policies, or terms of the telephony carrier and you warrant and agree that you will comply with all policies and terms applicable to the telephony carrier’s services. You warrant and agree that any use of telephony, collection, access, use, and disclosure of caller and voice information to Voctiv will comply with all applicable foreign, federal, state, and local laws, rules, and regulations, including without limitation: (i) the Telephone Consumer Protection Act; (ii) the Federal Communications Commission’s Customer Proprietary Network Information rules and regulations; (iii) all rules and regulations of the Federal Trade Commission; and (iv) all other laws governing marketing by telephone, direct mail, email, wireless text messaging, fax, and any other mode of communication. You understand and agree that you bear all risk and waive all claims against Voctiv arising out of or related to your use of any telephony service and your failure to comply with any laws, statutes, regulations, ordinances, or guidelines concerning the use of any telephony service.
Voctiv provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Services for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Services.
Whether you are User or a Developer, Voctiv may provide you with the ability to register a user account (“User Account”), which may be required to access and use the Services. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Voctiv immediately. Voctiv reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Services. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Voctiv is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree that you will not initiate any chargebacks to Voctiv unless otherwise authorized by Voctiv in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Voctiv.
Any incorrect billings must be reported within thirty (30) days of payment. If not reported within thirty (30) days of payment, Voctiv will consider all claims incorrect pricing or other error waived.
For Developers who have submitted Templates to the Services, Voctiv will remit to Developer a percentage of the gross revenue received by Voctiv for the sale of the Developer’s Templates to Users of the Services, the percentage of which will be displayed on the website associated with the Services and may be changed by Voctiv at any time and in its sole and absolute discretion (“Developer Payment”). Voctiv will remit the Developer Payment to Developer within ten (10) days of the end of each month and in the manner specified by Developer upon its creation of a User Account with the Services. All Developer Payments will be made without deductions or withholding and Voctiv will report as revenue to the appropriate governmental agencies all compensation received pursuant to this Agreement and will pay to such agencies all taxes required to be paid by law. Further, Voctiv may collect IRS Form W-9 information and other tax related information from Developers, depending on location and relevant laws. Voctiv is not responsible for determining the correct amount of taxes Developer may owe and this is Developer’s sole responsibility.
b. All notices of copyright infringement submitted to Voctiv must contain the following:
i. the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
ii. identification of the copyrighted work(s) alleged to have been infringed;
iii. the location of the copyrighted work(s) in the Services;
iv. your contact information, such as an address, telephone number, fax number, or email address;
v. a statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
vi. a statement, under penalty of perjury, that the information contained in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
c. Upon receipt of a duly authorized notice of infringement, Voctiv will undertake reasonable efforts to notify the poster of the allegedly infringing content so that the poster may issue a counter-notification. Counter-notifications must contain the following:
i. The physical or electronic signature of the user;
ii. Identification of the material that has been removed or the location where the material previously appeared;
iii. A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and
iv. The subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located.
All notices of infringement may be sent to firstname.lastname@example.org.
VOCTIV EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR SALE, USE, OR MISUSE, OR THE SALE, USE, OR MISUSE OF ANY THIRD PARTY, OF THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM VOCTIV, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
VOCTIV WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, OR ANY THIRD PARTY’S USE OR MISUSE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE AND SALE OF ITEMS PURCHASED THROUGH THE SERVICES IS AT YOUR SOLE RISK AND THAT VOCTIV’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO VOCTIV OR $1,000, WHICHEVER IS LESS.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF THE SERVICES, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND VOCTIV EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
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