Welcome to VoiceQuilt™! You are about to create a gift like no other – a collection of vivid, voice-based memories that will touch the heart.
Before you begin, please read the following Terms of Use ("Terms") carefully. Your use of the VoiceQuilt™ Service ("Service") constitutes acceptance of the Terms. Your acceptance constitutes a binding agreement between you and VoiceQuilt. Violation of these Terms may result in termination of our Service to you.
VoiceQuilt reserves the right to change these Terms from time to time. Please refer to www.voicequilt.com periodically for updates.
Use of Service
VoiceQuilt reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. In using the Service you agree not to:
- Use the Service for illegal purposes;
- Interfere or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- Transmit through the Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Interfere with another user's use and enjoyment of the Service;
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
- Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
- Record or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- Engage in any other conduct which, in VoiceQuilt's sole discretion, is considered inappropriate, unauthorized or objectionable.
Under these Terms, you and the people you invite to call in may NOT create any of the following material or obtain any such material using the Service:
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
- Any material that could infringe rights of privacy, publicity or intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
If you dispute any intellectual property infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, VoiceQuilt reserves the right to suspend the display, viewing or listening of any submissions until the issue has been resolved.
You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by VoiceQuilt for the purposes of delivering the offered Service. In addition, you warrant that all moral rights in any uploaded materials have been waived.
VoiceQuilt will not be liable for the content of any submission.
Privacy Policy
When you register and create a project with VoiceQuilt, you will be asked to provide some personal information, such as your name, phone number, email address, and mailing address. Please refer to our Privacy Policy.
Security
You are solely responsible for maintaining the confidentiality of your Member ID and PIN. You are also solely responsible for any and all activities that occur under your account. You may also set up a new account using a different Member ID at your convenience. You agree to notify VoiceQuilt immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform VoiceQuilt of actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a Member ID or PIN. Until VoiceQuilt is notified by email of a breach in security, you will remain liable for any unauthorized use of the Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, VoiceQuilt reserves the right to terminate your account immediately and your right to use the Service.
No Spamming
You must not use any feature of the Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing personal or business relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by VoiceQuilt. If you use any feature of the Service for the purpose of sending Spam, VoiceQuilt reserves the right to immediately terminate your access to the Service and to seek appropriate legal recourse as necessary.
If you believe that other users are using the Service for Spam, please notify VoiceQuilt by email immediately at .
Age Requirements
We do not knowingly collect or use information obtained from a child under the age of 13, and we will not ever do so without first obtaining the consent of the child's parents. Once you have established your account, it may be difficult for us to identify the age of individuals who access your online account, so we employ the same Privacy Policy for individuals of all ages. If we determine that a child under the age of 13 has used accessed an account or the Service, we will respond to that child only to seek parental consent. If, however, a parent or guardian determines that a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian can contact us to remove the information and opt out of promotional opportunities by emailing us at .
Third Party Links
We may provide links to third-party sites that might be helpful to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.
Disclaimer of Warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOICEQUILT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.VOICEQUILT MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOICEQUILT MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED, OBTAINED, OR ADVERTISED THROUGH THIS SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VOICEQUILT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF VOICEQUILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE VOICEQUILT'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Intellectual Property
The VoiceQuilt systems, services, and products, or portions thereof, are covered by United States Patent Application - Patent Pending.
Governing Law
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of Georgia, and hereby consent to jurisdiction and venue in the courts located in Fulton County in Atlanta, Georgia.
Resolution of Disputes
Except as noted in paragraph (f) below, any dispute between the parties arising out of or relating to these Terms, the Privacy Policy or your purchase/use of the Service (or Device), including with respect to the interpretation of any provision of these Terms and with respect to the performance by the parties, shall be submitted to mandatory and binding arbitration and resolved as provided in this Section. The Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration decision shall be final and binding on the parties and may be entered into any court having jurisdiction over the dispute.
(a) Selection of Arbitrator. The party making demand for arbitration shall notify the AAA and the other party in writing describing in reasonable detail the nature of the dispute (the "Demand for Arbitration"), and shall request that the AAA furnish a list of five (5) possible arbitrators who shall have substantial experience in the area of VoiceQuilt's business. Each party shall have fifteen (15) calendar days to reject two (2) of the proposed arbitrators. If only one (1) individual has not been so rejected, he or she shall serve as arbitrator. If two (2) or more individuals have not been so rejected, then the parties shall promptly mutually select the arbitrator from them remaining pool of possible arbitrators; provided, however, that if the parties are unable to agree on such selection within ten (10) calendar days after notification by the AAA of the need to make such selection, then the AAA shall select the arbitrator from the remaining pool of possible arbitrators.
(b) Conduct of Arbitration. The Arbitration shall be conducted in accordance with the rules for commercial arbitration of the AAA.
(c) Place of Arbitration Hearings. Unless otherwise agreed to by the parties, arbitration hearings hereunder shall be held in Atlanta, Georgia.
(d) Confidentiality. The parties agree that the existence of a dispute, any efforts or proceedings to resolve a dispute, whether informal or pursuant to arbitration, and any rulings or decisions issued by the arbitrator, shall be held in confidence.
(e) Costs and Expenses. Unless the arbitrator rules otherwise, the losing party in an arbitration conducted hereunder shall pay for the full expenses of the prevailing party, the arbitrator and administrative costs assessed by the AAA, as well as their own expenses incurred during the dispute resolution process.
(f) Injunctive Relief. The only circumstance in which disputes shall not be subject to the requirement for binding arbitration is where a party makes a good faith determination that a breach of these Terms or the Privacy Policy (or use of the Service or Device) by the other party is such that injunctive or other equitable relief is the only appropriate and adequate remedy. If a party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party and the injunctive relief sought is not awarded in substantial part, the party filing the pleading seeking immediate injunctive relief shall pay all of the costs and attorneys' fees of the party successfully challenging the pleading.
Your Consent
By using the Service, you consent to the collection and use of the information you submit in the manner we describe in our Privacy Policy.
Correcting and Updating Your Information
To update or change registration information, to update billing information, or to discontinue the Service, use the appropriate area of the VoiceQuilt web site. You can also correct and update information by e-mailing .
Potential Sale of Company and Information Impact
As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. Also, in the unlikely event that VoiceQuilt sells all or substantially all of its assets, user information will of course be one of the transferred assets.
Additional Information
Questions regarding these terms of service or the security practices regarding the the Service should be directed to VoiceQuilt's Network Administrator by e-mailing .
