Welcome to Voxopop! By using our Website,
Please review the following terms carefully. If you do not agree to
these terms, you should not use this Website.
The term “Website” means
the website known as “Voxopop” and the term “Voxopop”
or “us” or “we” or “our” refers to
Chinswing Pty Ltd, the owner of the Website. The term “you”
refers to any person viewing or otherwise accessing the Website. The
term “Content” means any information, materials, audio files
or documents of any kind on or accessed through the Website.
You acknowledge that the Website may
be hosted by us or by a third party and it may be hosted within Australia
1. Acceptance of Agreement.
1.1 You agree to the terms and conditions
with respect to the Website. This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Website, the content, products or services provided by or through
the Website, and the subject matter of this Agreement.
1.2 This Agreement may be amended
at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Website, and you should review
this Agreement prior to using (or continuing to use) the Website.
1.3 This Agreement applies to every
person or entity that accesses or uses the Website. Unless otherwise
stated, your rights and obligations under this Agreement apply regardless
of whether or not you are a registered member of the Website.
2.1 The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other
matters on and otherwise related to the Website are protected under
applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Website,
except as allowed by clause 4.1 below, is strictly prohibited. You do
not acquire ownership rights to any Content.
2.2 The posting of information or
materials on the Website by anyone else does not necessarily constitute
a waiver of any right in such information and materials. Some of the
content on the Website is the copyrighted work of third parties.
3. Service Marks.
and others are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Website may be trademarks
of their respective owners.
4. Limited License; Permitted
4.1 You are granted a non-exclusive,
non-transferable, revocable license to:
(b) print out, download or listen
to discrete items of Content from the Website solely for your internal,
personal (including educational), non-commercial purposes and provided
that you maintain all copyright and other notices contained therein.
4.2 If you are a registered member
of the Website (but not otherwise), the license granted to you pursuant
to clause 4.1(b) includes the right to:
4.3 If your membership expires or
is terminated for any reason you must destroy all copies of any audio
files or other Content that you have downloaded from the Website.
4.4 You agree that you will not
under any circumstances use a “bot”, “scraper” or any other
automated or semi-automated device or software tool to download any
Content from the Website.
4.5 No print out or electronic version
of any part of the Website or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
5.2 If you are under 18 years of
age, you agree that:
(c) we may limit, modify or
deny you access to the Website at any time, or either a permanent or
temporary basis, upon the request of your parent or legal guardian.
5.3 We may charge fees for access
to or use of the whole or any part of the Website. We may change those
fees at any time and may introduce new fees from time to time. Except
to the extent mandated by applicable law, you will not be entitled to
a refund of any fees paid to us if your right or ability to use or access
the Website ceases or is terminated for any reason.
6. Prohibitions/Restrictions on Use.
6.1 Your license for access and
use of the Website and any Content (excluding Content posted to the
Website by you) is subject to the following restrictions and prohibitions
on use. You must not:
(a) copy, print (except for
the express limited purpose permitted by clause 4.1 above), republish,
display, distribute, transmit, broadcast, sell, rent, lease, loan or
otherwise make available in any form or by any means all or any portion
of the Website or any Content retrieved therefrom;
(b) use the Website or any materials
obtained from the Website to develop, or as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
(d) use any Content from the
Website in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us or any third
(f) make any portion of the
Website available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the future
(except to the extent the functionality of the Website is expressly
designed for such purpose);
(i) use the Website for the
purpose of gathering information for or transmitting: (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; or (3) unsolicited
telephone calls or facsimile transmissions;
(j) use the Website in a manner
that violates any law of any kind (including for example laws regulating
email, facsimile transmissions, internet communications or telephone
solicitations, defamation, privacy, harassment or discrimination); or
(k) export or re-export the
Website or any portion thereof, or any software available on or through
the Website, in violation of the export control laws or regulations
of Australia or of any other relevant jurisdiction.
6.2 You must not use the Website
for any purpose or in any manner, nor upload, email, post, publish,
distribute, transmit, submit or otherwise make available through the
Website any Content, that:
(d) violates or infringes another's
rights, including but not limited to privacy, publicity, trade secrets,
confidentiality or intellectual property rights;
(g) is fraudulent, deceptive,
deceitful, inaccurate, false or misleading or constitutes “bait and
(i) harasses another user, promotes
bigotry, racism, hatred or harm against any group or individual, promotes
discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age, or otherwise interferes with another party's
use or enjoyment of the Website;
(m) constitutes unauthorized
advertising, harassment, stalking, unsolicited bulk email, "junk
mail," "spam" or chain letters.
6.3 You agree that you are solely
responsible for Content that you upload or otherwise provide to, or
through, the Website. You acknowledge that we have no responsibility
to control or monitor any Content, and, as a result, we do not manage,
control or guarantee, nor are we responsible for, the truth, accuracy,
completeness, integrity, safety, timeliness, quality, appropriateness,
legality or applicability of any Content provided: (a) by you; or (b)
to you through the Website.
6.4 Although we do not accept responsibility
for Content, we do reserve the right to remove at any time, without
notice, Content that we in our sole discretion consider to be: (a) in
violation of this Agreement; or (b) otherwise unsuitable for inclusion
on the Website.
6.5 You agree to cooperate fully
with us to investigate any suspected or actual activity that is in breach
of this Agreement.
6.6 We may, in our sole discretion,
reject, suspend or restrict access to, remove or reclassify any Content
at any time, if we consider it appropriate to do so for any reason.
7. Ownership of your Content.
7.1 You will retain all intellectual
property rights and moral rights in relation to Content in the form
of audio files that you upload to the Website. You hereby grant to us
a fully paid up, non-exclusive, perpetual, irrevocable, worldwide, royalty-free
licence to use, modify, republish, sublicense, prepare derivate works
of, and otherwise commercialise by any means all Content that you upload
to the Website.
7.3 Any tags, comments, remarks,
suggestions, ideas, graphics, or other information communicated by you
in any form (“Submission”) to us become our property. We
hereby grant you a perpetual licence to use such materials and information
for your own personal, non-commercial use. We will be entitled to use
the Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission.
8. Linking to the
You may provide links to the Website,
provided (a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Website;
(b) your website does not engage in illegal or pornographic activities;
and (c) you discontinue providing links to the Website immediately upon
request by us.
The Website may contain advertising
and sponsorships. Advertisers and sponsors are responsible for ensuring
that material submitted by or on their behalf for inclusion on the Website
is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertiser’s
or sponsor’s materials.
10.1 Certain sections of, or offerings
from, the Website may require you to become a registered member of the
Website. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must
be done using your real name (if requested) and true and correct information
(including, for example, your age and country of residence). Each registration
is for your personal use only and you must not register on behalf of
any other person or entity. We do not permit: (a) any other person using
the registered sections of the Website under your name or login details;
or (b) access through a single name being made available to multiple
users. You are responsible for preventing such unauthorized use.
10.2 We reserve the right to refuse
registration of any applicant or participant at any time in our sole
discretion, and to remove any existing registration in our sole discretion.
11. Errors, Corrections and Changes.
We do not represent or warrant
that the Website will be error-free, free of viruses or other harmful
components, or that defects can or will be corrected. We do not represent
or warrant that the information available on or through the Website
will be correct, accurate, timely or otherwise reliable. We may make
changes to the features, functionality or content of the Website at
any time. We reserve the right in our sole discretion to edit or delete
any audio material, documents, information or other content appearing
on the Website.
12. Third Party Content.
Third party Content will appear
on the Website and/or may otherwise be accessible via links from the
Website. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations
or any other form of Content on the Website. You understand that the
information and opinions in the third party Content represent solely
the thoughts of the author and is neither endorsed by us nor does it
necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of this Agreement and to take any
action we deem appropriate, including but not limited to: (a) reporting
any suspected unlawful activity to law enforcement officials, regulators,
or other third parties; (b) co-operating with investigations being conducted
by law enforcement officials, regulators or other third parties; and
(c) disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
Content posted or accessed, IP addresses and traffic information.
You hereby irrevocably indemnify
us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") from and against
any liability, loss, claim and expense, including reasonable attorney's
fees, related in any way to your violation of this Agreement or your
use of the Website or any Content.
Your right to use the Website is
not transferable or assignable. Any password or right given to you to
obtain any Content is not transferable or assignable by you.
16.1 THE CONTENT AND SERVICES AVAILABLE
FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS
AVAILABLE, "WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE) TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE CONTENT AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
16.2 WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (OR FOR ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
EMOTIONAL DISTRESS, PAIN AND SUFFERING, BUSINESS INTERUPTION, LOSS OF
OR DAMAGE TO DATA, PERSONAL INJURY OR DEATH), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE,
THE CONTENT AND SERVICES PRESENTED ON OR THROUGH THE WEBSITE WOULD NOT
BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
16.3 WE AND ANY AFFILIATED PARTY
SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE
OF ANY KIND RESULTING IN ANY WAY FROM: (A) ANY ERRORS IN OR OMISSIONS
FROM THE WEBSITE OR ANY SERVICES OR CONTENT ACCESSIBLE ON OR THROUGH
THE WEBSITE; (B) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE OR
ANY FEATURES OF IT; (C) YOUR USE OF THE WEBSITE; (D) THE CONTENT CONTAINED
ON THE WEBSITE; OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE
CONTROL OF US OR AN AFFILIATED PARTY.
16.4 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
16.5 YOU SPECIFICALLY AGREE THAT
WE SHALL NOT BE LIABLE FOR: (A) CONTENT UPLOADED BY OTHER USERS OF THE
WEBSITE; OR (B) DEFAMATORY, ILLEGAL OR OTHERWISE OFFENSIVE CONDUCT OF
ANY OTHER USER OF THE WEBSITE.
16.6 ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE
17. Limitation of Liability
17.1 THE AGGREGATE LIABILITY OF
US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT
OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT AND SERVICES PROVIDED
ON THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU
OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
17.2 NOTHING IN THIS AGREEMENT WILL
OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY
OF THE PROVISIONS OF THE TRADE PRACTICES ACT 1974 (CTH) OR ANY EQUIVALENT
STATE OR TERRITORY LEGISLATION (THE “RELEVANT LEGISLATION”),
THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY
OF US OR ANY AFFILIATED PARTY FOR A BREACH OF A CONDITION OR WARRANTY
IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER
IT VOID TO DO SO. TO THE EXTENT THAT WE ARE ABLE TO DO SO, WE EXPRESSLY
LIMIT OUR LIABILITY AND THE LIABILITY OF ANY AFFILIATED PARTY FOR A
BREACH OF ANY CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE
RELEVANT LEGISLATION TO, AT OUR OPTION, REPLACING OR REPAIRING GOODS
OR PROVIDING THE SERVICES AGAIN.
18. Use of Information.
We reserve the right, and you authorize
us, to use and assign all information regarding Website use by you and
all information provided by you in any manner consistent with our Privacy
19. Third-Party Services.
We may allow access to or advertise
certain third-party product or service providers ("Merchants")
from which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfilment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that
use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
from time to time, is a part of this Agreement. You must review this
on this link.
21. Links to other
The Website contains links to other
Websites. We are not responsible for the content, accuracy or opinions
express in such Websites, and such Websites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any linked
Website on our Website does not imply approval or endorsement of the
linked Website by us. If you decide to leave our Website and access
these third-party Websites, you do so at your own risk.
22. Copyrights and Copyright Agents.
We respect the intellectual property
of others, and we ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide our Copyright Agent the following information:
(f). A statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. Our Copyright Agent for Notice of claims
of copyright infringement on the Website can be reached by directing
an e-mail to the Copyright Agent at firstname.lastname@example.org.
23. Information and Press Releases.
The Website contains information
and press releases about us. We disclaim any duty or obligation to update
this information or any press releases. Information about companies
other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
24. Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and regulations
regarding your use of the Website and the Content and services provided
on the Website.
25.1 This Agreement shall be treated
as though it were executed and performed in the state of Victoria, Australia,
and shall be governed by and construed in accordance with the laws of
the State of Victoria (without regard to conflict of law principles).
25.2 Any cause of action by you
with respect to the Website (and/or any Content or services accessed
on or through the Website) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
25.3 All actions shall be subject
to the disclaimers and limitations of liability set out in this Agreement.
25.4 The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for or
against any party.
25.5 This Agreement and all incorporated
agreements and your information may be automatically assigned by us
in our sole discretion to a third party in the event of an acquisition,
sale or merger.
25.6 Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full
force and effect.
25.7 To the extent that anything
in or associated with the Website is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence.
25.8 Our failure to enforce, or
delay in enforcing, any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.