This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Voiced Media, Inc. (hereinafter "VOICED") and you, the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of website www.voicedmarket.com and/or related software application(s) ("Website" or "Websites" or "Site").

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER VOICED SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU RESIDE WITHIN THE EUROPEAN UNION, DO NOT USE THE WEBSITE.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. VOICED RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT VOICED'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

ANY DISPUTE PERTAINING TO THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO THE ARBITRATION CLAUSE CONTAINED HEREIN.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.voicedmarket.com/terms-of-use.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.

Access to This Site

All Users must abide by this Agreement. If a User fails to follow any of the terms or conditions of this Agreement or any other applicable guidelines and/or rules of behavior, Website can immediately suspend and/or discontinue your ability to use the Site, regardless of whether you are an activated user. In addition, the Website has the right to delete any piece of content or material, comment, as well as any topic or profile that the Website finds objectionable, in its reasonable discretion. You alone are totally responsible for any activity that takes place on VOICED’s Websites under your profile. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify the Website immediately. It is up to you to maintain the confidentiality of your password and username.

The Website provides for two types of users, standard users and merchant users. Merchant users must sign up for use of the Website as a merchant at https://voicedmarket.com/sell-with-us.

You understand that you may receive business-related communications from VOICED such as service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Website you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that VOICED shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE WEBSITE. IF YOU ARE 18 YEARS OR YOUNGER, DO NOT USE THIS WEBSITE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY MINORS.

Applicable Use of Site

You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of VOICED's Websites, you warrant to VOICED that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

Use Limitation

You agree not to, without the express prior written consent of VOICED:

1. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the Site that you do not own;
2. use the Content or any services provided by the Site that you do not own; or
3. provide access to the Content or any service provided by the Site that you do not own.

You agree to not use any of VOICED’s Websites if you are a citizen of, or reside within, the European Union.

Online Orders

When placing an order on the Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We may choose to accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Payment Terms

All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any:

1. sales, use, excise, and related taxes; and
2. shipping and handling charges.

Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping Information

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

No Co-Branding or Framing

You may not use or authorize any party to co-brand or frame any VOICED Websites without the express prior written permission of an authorized representative of VOICED in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any VOICED webpage within a bordered area of another website, regardless of whether the address of the originating VOICED Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from VOICED.

No Unlawful Access

You agree that you will not use VOICED's Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.

Proprietary Information

All content found on VOICED Websites (the "Content") is considered the copyrighted and trademarked intellectual property of VOICED, or of the party that created and/or licensed the Content to VOICED. No rights or title to any of the Content contained on any VOICED Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of VOICED in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

Content

As a user, you will be able to upload and post comments and reviews on products listed on the Website, as well as enter personal information as part of your user profile ("Content"). This means that you have sole responsibility, not VOICED, for all of the Content that you upload, post, email, transmit, or otherwise make available through the Website, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload, or link to on VOICED is entirely your responsibility.

VOICED shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other VOICED members or otherwise created, distributed, and displayed on any part of the Service. VOICED does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. VOICED does not own any of the Content you post. By placing Content on the Website you are providing VOICED with a worldwide, irrevocable, perpetual, royalty-free, unlimited, non-exclusive license, to publicly display, modify, reproduce, and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. VOICED reserves the right to exploit or promote this Content in connection with the promotion of the Website and other services offered by VOICED.

You agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. VOICED shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify VOICED with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. VOICED will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.

You acknowledge that VOICED may or may not pre-screen Content but that VOICED and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOU and/or is otherwise objectionable as determined by VOICED in its sole discretion.

VOICED may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of VOICED, its users and the public.

Hyperlinking

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, VOICED. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or VOICED. VOICED has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a VOICED Website to another web page should be accessed at the User's own risk. VOICED makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

Advertising

Some of links on the Website are part of advertising marketing programs, meaning that we are compensated by third parties whose products are advertised on the Website. This compensation impacts where reviews and offers appear, with higher paying partners appearing higher on a page or in a more prominent position.

No promotion of products or services should be construed as an endorsement or guarantee of any kind. We do the best we can to make sure that the information we rely upon for advertisements is true and current, but we cannot and will not warrant that it actually is, or that we have not been confused or misled before or after publication.

Any service or product not offered by VOICED is subject to its own terms and conditions, including about how they may use the information you provide to them, which should be provided by the company through which you are receiving the product or service, and any use of a product or service not offered by VOICED is done so at your own risk.

Right to Terminate Access

VOICED reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. VOICED reserves the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever.

Disclosure Under Law

VOICED reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Personally Identifiable Information

VOICED cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, VOICED agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy, as well as in conformance with all applicable laws, rules, and regulations.

Disclaimer & Limitations on Liability

You understand that VOICED cannot and does not guarantee or warrant that files available for downloading from VOICED Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. VOICED further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VOICED DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VOICED DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY VOICED WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOICED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VOICED MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VOICED MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

VOICED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VOICED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VOICED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VOICED FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

ANY TESTIMONIAL OR SUCCESS STORY POSTED ON THE SITE MAY BE FICTIONALIZED AND SHOULD NOT BE VIEWED AS EXPECTED RESULTS.

NOTHING ON THIS WEBSITE SHOULD BE CONSIDERED INVESTMENT ADVICE.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD VOICED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

Trademarks and Copyrights

Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of VOICED or the party that provided the Intellectual Property to VOICED. VOICED and any party that provides Intellectual Property to VOICED retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.

Copyright Infringement

VOICED respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, VOICED may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VOICED's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying VOICED and its affiliates that your copyrighted material has been infringed. Please include the following:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site, including the current Website address;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
6. 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.

VOICED's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, VOICED may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, VOICED reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. VOICED reserves the right to investigate suspected violations of these Terms of Use. VOICED reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VOICED to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD VOICED HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VOICED DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VOICED OR LAW ENFORCEMENT AUTHORITIES.

Disputes/Arbitration

Any and all matters of dispute between the You and VOICED, whether arising from or related to the Agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless You and VOICED expressly agree otherwise in writing. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within thirty (30) days after the dispute has arisen, time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a You, will apply to any arbitration or reference proceeding hereunder. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated and conducted in New York, New York. Said arbitration will occur within thirty (30) consecutive days after You deliver the written demand on the VOICED, unless You and VOICED mutually agree otherwise in writing. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on both You and VOICED, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of both You and VOICED, no arbitration arising out of or relating to this Agreement or use of the Website, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises. The arbitration agreement herein between You and VOICED will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither You nor VOICED will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.

Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement.

Content Regarding Securities and Financial Markets

In the event that content, including any submission by You, includes information, news or data regarding any security, as the term is defined by the Securities Act of 1933, as amended, investment contract or financial instrument, you agree to (i) disclose your ownership interest, whether direct or indirect, in such securities (or any derivative thereof) named in such submission, (ii) disclose any conflict of interest, (iii) not write about any security in which you executed a transaction until two (2) market days after such transaction, (iv) not execute a transaction in any security or financial instrument named in your article until two market days after the article is published, (v) clearly identify whether you are employed or affiliated by a member of the Securities and Exchange Commission or Financial Industry Regulatory Authority (“FINRA”), and (vi) prominently disclose whether you are an investment advisor or financial planner. Employees or affiliates of a broker-dealer or investment adviser are solely responsible for contacting their compliance department prior to providing the Site with any submission.

Miscellaneous

1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VOICED as a result of this Agreement or use of VOICED's Websites.
3. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and VOICED with respect to VOICED's Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. VOICED may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
4. The failure of VOICED to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by VOICED must be in writing and signed by an authorized representative of VOICED.
5. The section titles in the Agreement are for convenience only and have no legal or contractual effect.