Terms of use

Effective November 15, 2014

Updated: November 15, 2014

Welcome to THEVOICEAN.COM PROJECT (the “Site”) operated by TITANIUM SYSTEMS INC., Mossfon Bldg., 2nd Floor, East 54th Street, Panama City, Republic of Panama. Please read these Terms of Use before using the Site. The Terms of Use constitute a binding agreement between you and THEVOICEAN.COM (referred to as “THEVOICEAN.COM,” the “Company,” "we" and "our"). The Terms of Use may be updated from time to time and the latest version will be posted on the Site. By accessing the Site or using the services provided herein, you agree to be bound by the Terms of Use in its then current form. Accordingly, you should visit this page periodically to review the most current Terms of Use. If you do not agree to the Terms of Use, please do not use the Site or any of the services provided on the Site. Users who violate these terms may have their access and use of the Site suspended or terminated, at the discretion of the Company.

The THEVOICEAN.COM Service.

By accessing the Site, you will be able, amongst other things, to access directly and indirectly through the Site and through other means made available by THEVOICEAN.COM licensed and original audiobook and e-book content and related matter (“Audio and E-Book Content”) for playback on various devices authorized by Company (“Authorized Devices”). Additional terms and conditions may apply to such purchases and to specific portions or features of the Site, including contests, promotions or other similar features, all of which are incorporated into these Terms of Use by reference. Please review the Company’s terms and conditions regarding purchases and membership plans, which govern purchases made from or through the Site and which are incorporated herein by reference.

You agree to abide by the Purchase Terms and Conditions and such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In the event of a discrepancy between the Terms of Use, the Purchase Terms and Conditions and any other terms and conditions relating to specific portions or features of the Site, the Purchase Terms and Conditions or terms and conditions relating to specific portions or features of the Site control with respect to purchases and rentals or specific portions or features of the Site.

Eligibility.

You must be eighteen (18) years of age or older to use the Site. You must also have a valid email address (e.g., an authentic and accurate address which neither misleads nor impersonates another person) and a valid credit card or other form of authorized payment.

THEVOICEAN.COM, in its absolute and sole discretion, reserves the right to deny and/or terminate access to the Site, refuse orders placed through the Site and remove or edit the content of the Site at any time and for any reason.

Use of Site.

In allowing you access to the Site, THEVOICEAN.COM is granting you a limited license to use the Site for your own personal, noncommercial use.

You are not authorized to download any content, including Audio and E-Book Content (collectively, “Content”), except as expressly permitted in the Purchase Terms and Conditions or within the Site. You may not alter or otherwise modify, reproduce, duplicate, copy, sell or otherwise commercially exploit the Site, its Content or any information or material therein or access any information or area of the Site which you are not expressly authorized to access (including without limitation, THEVOICEAN.COM’s security system) without THEVOICEAN.COM’s prior written authorization.

You agree that your use of the Site and its Content will be in compliance with all applicable laws and regulations and that you will not use, or knowingly allow any other person to use, the Site or its Content for or in connection with any illegal purpose or activity.

Any unauthorized use of the Site or its Content will result in the forfeiture and termination of this license and any and all rights extended to you.

By accessing the Site, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device and software in any and all respects.

You acknowledge that, because some aspects of THEVOICEAN.COM’s services, including the provision of Audio and E-Book Content and administration of the Site, entails the ongoing involvement of THEVOICEAN.COM, if THEVOICEAN.COM changes any part of or discontinues any service, which THEVOICEAN.COM may do at its discretion, you may not be able to use the Audio and E-Book Content to the same extent as prior to such change or discontinuation, and that THEVOICEAN.COM shall have no liability to you in such case.

Accuracy, Completeness and Timeliness of Information and Content on the Site.

THEVOICEAN.COM is not responsible if any information or Content available on the Site is not accurate, complete or current. THEVOICEAN.COM reserves the right to modify the Site and any content at any time without notice, but has no obligation to update the Site or its Content. It is your responsibility to monitor changes to the Site.

Third Party Links.

The Site may contain links to web sites of, and advertisements for, third parties. THEVOICEAN.COM has not reviewed all links and is not responsible or liable for any material, content, information, product, web sites or web pages accessible from or through such links or advertisements. The inclusion of a link or advertisement does not imply endorsement of such link or advertisement by THEVOICEAN.COM. Your link to any third party site or advertisement is at your risk.

Copyrights and Trademarks.

All Content on the Site (including, without limitation, all graphics, artwork, logos, designs, images, audio clips, buttons, icons, digital downloads, interfaces, code and software, text and data compilations, as well as the selection and arrangement thereof) is the exclusive property of and owned by TITANIUM SYSTEMS INC. or its licensors or other suppliers (“Third Party Providers”) and is protected by international copyright and other applicable laws.

All software used in connection with the Site is the property of THEVOICEAN.COM or its Third Party Providers and is protected by international copyright and other applicable laws.

Trademarks, logos and service marks displayed on this site are registered and unregistered marks of Company and/or the Third Party Providers and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.

User Conduct.

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or its Content. You agree not to use the Site in any manner that might interfere with the rights of third parties. THEVOICEAN.COM reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Submissions.

You agree, warrant and represent that and any and all disclosures, comments, reviews, feedback, suggestions, ideas, and other submissions, including, without limitation, photos and queries (“Submissions”) submitted by you to or through the Site or that you post on or in connection with the Site (i) is exclusively owned or controlled by you; (ii) is accurate and does not violate the rights of, or cause injury to, any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (iii) is not illegal, obscene, defamatory or threatening; (iv) does not contain viruses or political content; and (iv) does not constitute any form of spam (including, without limitation, chain letters and mass mailings).

You are and shall remain solely responsible for the content of any Submissions which you make.

You grant THEVOICEAN.COM, gratis, an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to any and all Submissions submitted by you to or through the Site or that you post on or in connection with the Site, including, by way of example, the right to license, sublicense, modify, reproduce, edit, adapt, publish, translate, distribute and display same at any time or to refrain from doing so for any reason or no reason whatsoever.

THEVOICEAN.COM is under no obligation to use any Submission or maintain any Submission in confidence or to pay to use or otherwise proffer compensation as and for any Submission, THEVOICEAN.COM, in its sole and absolute discretion, may remove or edit Submissions at any time.

You hereby fully indemnify and hold THEVOICEAN.COM harmless from and against any and all claims, losses and liabilities arising from the Submissions and each warranty and representation from you.

Passwords.

If you open or otherwise register for an account on the Site, you are solely and exclusively responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full and sole responsibility for all activities that occur under your account or password.

Privacy.

The Company’s Privacy Policy governs the use of personal and identifying information on the Site.

Disclaimer.

THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE 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, ITS CONTENTS OR MATERIALS OR ANY INFORMATION PROVIDED ON THE SITE OR THAT IS AVAILABLE THROUGH THE SITE.

IF YOU DOWNLOAD ANY CONTENT OR 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 any information you send or receive during Your use of the Site may not be secure and may be intercepted by unauthorized parties. 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 Company 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 Company takes or fails to take as a result of communications you send to Company or the delay or inability to use the Site or for any information, products, or services advertised on or obtained through the Site, or Company’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 Company, 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 Company 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 and Company agree that any cause of action arising out of or related to the Site or the Terms of Use must be filed within one (1) 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 TITANIUM SYSTEMS INC. AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification.

You agree to indemnify, defend and hold harmless Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all suits, losses, claims, demands, liabilities, expenses, damages and costs, including reasonable attorneys fees, court costs and expenses, arising or resulting from your use of the Site, its Content and/or any other materials it contains, your violation of these Terms of Use, or your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of this Agreement.

If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Company in the defense of such matter.

Claims Regarding Infringement.

Notice of Infringing Material:

To report a claim for copyright infringement, please provide our Designated Agent with written notification containing the following details:

Our Designated Agent to receive notifications of claimed infringement is European Authorized Representative, TITANIUM SYSTEMS INC., info@thevoicean.com

THEVOICEAN.COM has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of THEVOICEAN.COM, any users who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any member or user who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.

Notices.

THEVOICEAN.COM may provide notices to you by sending them to the email address associated with your account. Any notice sent to you by email will be deemed received when sent. Any notice that you send to THEVOICEAN.COM must be sent to the following email address: info@thevoicean.com

Governing Law.

Any claim relating to the Site shall be governed by the laws of the Republic of Panama without regard to its conflict of law provisions. 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 ARISING OUT OF THIS AGREEMENT.

Miscellaneous.

If any portion of any provision of the Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

Questions or Comments.

For questions, comments, or assistance, THEVOICEAN.COM invites you to visit the FAQ section of the Site or to contact THEVOICEAN.COM at: info@thevoicean.com