Purchase terms and conditions

Effective: November 15, 2014

Updated: March 30, 2015

Welcome to THEVOICEAN.COM (the “Site”), operated by TITANIUM SYSTEMS INC., Mossfon Bldg., 2nd Floor, East 54th Street, Panama City, Republic of Panama. These Purchase Terms and Conditions govern the purchase of licensed and original Audiobook and E-Book Content and related matter (“Audio and E-Book Content”) for playback on various devices authorized by THEVOICEAN.COM. By purchasing a CLUB THEVOICEAN membership plan or purchasing any Audio and E-Book Content, you agree to be bound by these Purchase Terms and Conditions, which are subject to change by THEVOICEAN.COM at any time, in its sole discretion. Changes to these Purchase Terms and Conditions are effective when posted. Your continued use of the Site and/or purchase of Audio and E-Book Content or other Content from the Site constitutes acceptance of these Purchase Terms and Conditions in their then current form.

Your use of the Site is governed by THEVOICEAN.COM’s Terms of Use, which are incorporated herein by reference. In the event of a discrepancy between these Purchase Terms and Conditions and the Terms of Use, these Purchase Terms and Conditions govern.

Purchases of Audio and E-Book Content.

We offer 4 (four)convenient CLUB THEVOICEAN membership plans through which you receive credits that can be used as download licences on THEVOICEAN.COM to download Audio and E-Book Content.

You do not have to be a member of the CLUB THEVOICEAN to make purchases at THEVOICEAN.COM. You may also make purchases on an A'la Carte basis.

CLUB THEVOICEAN Membership

CLUB THEVOICEAN is a virtual supporter club operated by TITANIUM SYSTEMS INC. which is on the way to favor producing legally downloadable and low-cost Audio and E-Book Content. As a member, you will receive credits through which you can download Audio and E-Book Content. Members can purchase Audio and E-Book Content at prices significantly lower than suggested retail prices. From time to time members will also receive special member-only promotions. There are 4 (four) membership plans in the CLUB THEVOICEAN: SILVER, GOLD, DIAMOND and PLATINUM. As a Silver Member you support our goals by paying club-money of $10.00 a month and receive one credit for each month that you are member. You can purchase additional credits for 1 (one) Cent each by further support of $10.00. The prices of this year purchased additional credits as a whole will be charged yearly basis in the month of you supported CLUB THEVOICEAN first in the new year. As a Gold Member you support our goals by paying club-money of $16.00 a month and receive 2 (two) credits for each month that you are member. You can purchase additional credits for 1 (one) Cent each by further support of $8.00. The prices of this year purchased additional credits as a whole will be charged yearly basis in the month of you supported CLUB THEVOICEAN first in the new year. As a Diamond Member you support our goals by paying club-money of $84.00 a year and receive 12 (twelve) credits for each year that you are member. You can purchase additional credits for 1 (one) Cent each by further support of $7.00. The prices of this year purchased additional credits as a whole will be charged yearly basis in the month of you supported CLUB THEVOICEAN first in the new year. As a Platinum Member you support our goals by paying club-money of $144.00 a year and receive 24 (twenty-four) credits for each year that you are member. You can purchase additional credits for 1 (one) Cent each by further support of $6.00. The prices of this year purchased additional credits as a whole will be charged yearly basis in the month of you supported CLUB THEVOICEAN first in the new year.
Each month/year that you are a member you will receive your monthly/yearly credits automatically. YOUR CLUB THEVOICEAN MEMBERSHIP WILL BE AUTOMATICALLY RENEWED EACH MONTH/YEAR UNTIL YOU CANCEL. We will automatically bill your credit card each month/year for your monthly/yearly club-money at the then current rate. You will be billed at the time you enroll in the CLUB THEVOICEAN membership plan and each month/year thereafter on the calendar day corresponding to the commencement of your membership or the last day of a given month if your membership began on a day that is not contained in a given month. For instance, if you started your membership on January 31st, your next payment date is February 28th and your credit card will be billed on that date. CREDITS NEVER EXPIRE. Please visit our FAQs for information regarding signing up as a member of the CLUB THEVOICEAN.

THEVOICEAN.COM License

When you purchase Audio or E-Book Content, THEVOICEAN.COM grants you a limited, revocable, non-exclusive, non-transferable license to download such Content to your computer and/or your Authorized Devices for your personal, non-commercial use.

You agree not to alter, modify, sell, transfer, share, lease, decompile, disassemble, reverse engineer, copy, reproduce, duplicate, distribute, sell, publically perform, create derivative works therefrom or otherwise commercially exploit the Audio or E-Book Content.

Note, that we burn specific identification codes to the files through all download processes from the Site that allows us identifying the individual who has downloaded the original file.

ANY AUTHORIZED TRANSFER, DUPLICATION OR EXPLOITATION OF ANY AUDIO OR E-BOOK CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT, INTER ALIA, AND IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

Prices

You can generally download one Audiobook or E-Book for one credit. If particular Audio or E-Book Content requires more than one credit you will be advised of the number of credits that Content requires.

THEVOICEAN.COM reserves the right, in its sole discretion, to change prices, including CLUB THEVOICEAN club-money, at any time and to correct pricing errors that may inadvertently occur.

If a change to your club-money occurs, you will be notified and will have the right to cancel your membership in accordance with this policy within five (5) business days of receipt of notice, effective as of the date of the next billing cycle.

Forms of Payment

THEVOICEAN.COM currently accepts MASTERCARD, MAESTRO, VISA, VISA ELECTRON, AMERICAN EXPRESS credit cards. Your credit card information is never stored on THEVOICEAN.COM. Your credit card information is stored by a third-party payment service provider that follows industry standards for the highest level of safe storage of credit card information. Our third party payment service provider is fully PCI compliant, which is the credit card industry’s safety standard for protecting credit card information. THEVOICEAN.COM only sees the last 4 digits of your credit card, which is used only for verification purposes.

We will charge your credit card for any club-money or charges in connection with the purchase of any Audio and E-Book Content. All such fees will be billed to the credit card you provided in connection with your membership or during the purchase process. THEVOICEAN.COM may use all legal means available to collect any outstanding fees should our attempts to charge your credit card fail for any reason, including any collection agency and legal fees.

Cancellation

You can cancel your CLUB THEVOICEAN membership at any time by contacting THEVOICEAN.COM at info@thevoicean.com.

You must cancel your membership five (5) days prior to the start of the new monthly/yearly term to avoid being charged for that monthly/yearly term. No refunds or credits will be given for partial months/year.

If you cancel your membership you will still be able to use your existing credits.

Returns

Audiobook and E-Book Content cannot be returned. However, if you experience technical problems accessing or using such Content, THEVOICEAN.COM will be happy to help you resolve the problem. Please contact us at customercare@thevoicean.com for assistance. If there is a problem with your purchase from THEVOICEAN.COM, please contact Customer Care at customercare@thevoicean.com within 30 days of the purchase date.

Please see our FAQs for further information.

Risk of Loss

You bear all risk of loss for completing the download of any Audio or E-Book Content after purchase and for any loss of any such Content after you have downloaded it, including any loss due to file corruption, virus or a computer or hard drive crash. Audio or E-Book Content purchased will generally continue to be available to you through the “My Library” section of your account, however due to potential licensing restrictions or other reasons, such Content may become unavailable to you in the future. THEVOICEAN.COM will not be liable to you in the event such Content becomes unavailable for further download.

Disclaimer

ALL AUDIO OR E-BOOK CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEVOICEAN.COM DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ANY AUDIO OR E-BOOK CONTENT OR ANY OTHER MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THAT IS AVAILABLE THROUGH THE SITE.

IF YOU DOWNLOAD ANY AUDIO OR E-BOOK CONTENT OR OTHER MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. BY USING THIS SITE, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; OR (2) EMAILS SENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RESULTS, RELIABILITY, AVAILABILITY, VIRUS-FREE ACCESS, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE, ITS CONTENT OR MATERIALS CONTAINED THEREIN. YOUR ACCESS TO THE SITE, CONTENT AND MATERIALS THEREIN IS SOLELY AT YOUR OWN RISK.

THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THEVOICEAN.COM NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR ITS CONTENTS, OR FOR ANY ACTIONS THEVOICEAN.COM TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO THEVOICEAN.COM OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR THEVOICEAN.COM’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR ITS CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THEVOICEAN.COM, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THEVOICEAN.COM NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. NO RECOVERY MAY BE SOUGHT OR RECEIVED FOR DAMAGES OTHER THAN OUT-OF-POCKET EXPENSES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS OF USE MUST BE FILED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

IN NO EVENT SHALL THEVOICEAN.COM, ANY CONTENT PROVIDER OR ANY OTHER PROVIDER OF SERVICES, DATA, AND/OR INFORMATION FOR COMPANY BE LIABLE IN ANY WAY FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, LOSS OF REVENUE, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE MATTER (AND SIMILAR ECONOMIC LOSS) OR BUSINESS INTERRUPTION) OR FOR ANY PUNITIVE, MULTIPLE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND ITS CONTENT, EVEN IF THEVOICEAN.COM, A THIRD PARTY OR A THEVOICEAN.COM AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

Vis Major

THEVOICEAN.COM is not be responsible for any delay or failure in performance of any kind to the extent such delay or failure is caused by information providers or other service providers, public enemy, war, terrorism, any civil or military authority, any accident, explosion, fire, storm, earthquake, flood, strike, riots, embargo, computer outage or virus, telecommunications failure or other casualty, labor dispute or any other circumstances beyond THEVOICEAN.COM’s reasonable control.

Governing Law

ANY CLAIM RELATING TO THE SITE, ANY AUDIO OR E-BOOK CONTENT OR THESE PURCHASE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF PANAMA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE COURTS IN PANAMA CITY AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE. THE PARTIES HERETO EXPRESSLY AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY AND ANY OBJECTION (INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON GROUNDS OF FORUM NON CONVENIENS) WHICH THEY MAY NOW OR HEREINAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN CONNECTION WITH ANY CLAIM, DEMAND OR ACTION