TERMS

The Voix

Terms of Use

  1. Acceptance of Terms of Use Agreement
  2. Access to the Services
  3. Registration and Security
  4. Connection Equipment for User Access
  5. Site Content
  6. Users
  7. User Content
  8. Intellectual Property Policy
  9. Prohibited Uses & Content
  10. Interactions with Other Users
  11. Fraudulent Activities
  12. Warranty Disclaimer
  13. Third Party Sites
  14. Indemnity
  15. Limitation of Liability
  16. Fees and Payment
  17. Social Networking Sites
  18. Termination
  19. Changes and Notification of Changes
  20. Contact Us
  21. Miscellaneous
  1. Acceptance of Terms of Use Agreement

Evolve Signature Group,(“Evolve,” and also referred here as “us” or “we”)  provides the thevoix.com site and various related services (together referred to herein as “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (“Terms of Use”), as well as any other written agreement between us. In addition, when using particular services or materials on this site, you (“User[s]”) shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Please read this agreement carefully before using our Services. By using or accessing our Services, you become bound by this agreement, as may be modified from time to time in accordance to Section 20 below.

The Terms of Use are effective as of January 21, 2016.

  1. Access to the Services

Subject to the terms and conditions of this Agreement, Evolve may offer to provide certain services (including facilitating the transmission of User Content (as defined herein) between Users), as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”), solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Evolve performs for User, as well as the offering of any content on the Site. Evolve may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content.  Evolve may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.  Evolve reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.

  1. Registration and Security

As a condition to using our Services, User may be required to register with Evolve and select a password and User Name. User shall provide Evolve with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as an Evolve User Name a name of another person with the intent to impersonate that person; or (ii) use as an Evolve User Name a name subject to any rights of a person other than User without appropriate authorization.  Evolve reserves the right to refuse registration of, or cancel an Evolve User Name its discretion. User shall be responsible for maintaining the confidentiality of User’s Evolve password.

If you have reason to believe that your account/profile is no longer secure, you must immediately change the affected Registration Information by using the mechanism or contact information on the Service, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service, please immediately contact us.

  1. Connection Equipment for User Access:

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

  1. Site Content.

The Site and its contents are intended solely for the use of Evolve Users and may only be used in accordance with the terms of this Agreement. All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as “Content.” User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not publish, participate in the transfer or sale of, reproduce or distribute any of the Content or any modification or derivative work thereof, in whole or in part.

  1. Users:

6.1. Use by Individuals at Least 13 Years of Age

User certifies to Evolve that he/she is an individual (i.e., not a corporation) at least 13 years of age. User also certifies that he/she is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

6.2. Non-Commercial Personal Use

Organizations, companies, and/or businesses should not use the Service or the Site for any purpose. Passwords and compiled names, photos, links, and Site content are not to be transferred or copied from the Site for use with any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

6.3. Cell-Phone Use

If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).

6.4. Scope of Use

Certain Content may be made available to you on or through the Service for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.

  1. User Content

“User Content” means any Content sourced or supplied by a User (including but not limited to communications within the Site and descriptions of User Content.) User acknowledges and agrees that if User contributes any User Content to the Site, User grants to Evolve a perpetual, non-exclusive worldwide, royalty-free, transferable right to use and exploit in anyway such User Content (including all related intellectual property rights) to provide the Services. User warrants, represents and agrees that it will not contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, and offensive or otherwise violates any law or right of any third party.  Evolve reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, good faith claims or allegations from third parties or authorities relating to such User Content or if Evolve is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

Please be aware that content you disclose in publicly accessible portions of the Service may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE SERVICE.

7.1.  Evolve Has No Ownership Claims Over Any User Content

Evolve fully respects the Intellectual Property Rights of its Users. At no time shall Evolve have any claim of ownership over any User Content. User, as a third-party licensor, retains ownership of all Trademark, Copyright, and Patent rights in all User Content.

7.2. Editing, Adding, and Deleting of User Content by Evolve

We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms, computers, or devices. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnities disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.

7.3. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.

If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;

Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;

Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.

  1. Intellectual Property Policy: How Evolve Can Protect Your IP

User may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Any person believing in good faith that their copyright, trademark, or other proprietary rights are being infringed on the Site should contact us at copyright@thevoix.com.

  1. Prohibited Uses & Content

The following is a partial list of the kind of Content that is illegal or prohibited on the Site.  Evolve reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

a) Harasses or advocates harassment of another person;

b) Promotes information that a User knows is false, misleading or promotes illegal activities or conduct that is threatening, obscene, defamatory or libelous;

c) Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

d) Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

e) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)

f) Displays pornographic or sexually explicit material of any kind;

g) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

h) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

i) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

10. Interactions with Other Users

Even though all of the prior provision is strictly prohibited, it is impossible for Evolve to guarantee that a User will not become exposed to such items. User further waives his/her right to any damages (from any party) related to such exposure.

Users assume all risks when making use of Evolve’s Services, including but not limited to, any risks associated with any online or offline interactions with others. USERS RECOGNIZES AND ACCEPT THAT EVOLVE DOES NOT SCREEN ITS USERS, CONDUCT BACKGROUND CHECKS OR SOLICIT BACKGROUND INFORMATION, OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS. HOWEVER, IN ITS SOLE DISCRETION, EVOLVE RESERVES THE RIGHT TO CONDUCT SUCH INQUIRIES.

  1. Fraudulent Activities

User is responsible for all of his or her activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Evolve user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including content which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the User is not logged in.

  1. Warranty Disclaimer

Evolve has no special relationship with or fiduciary duty to User. User acknowledges that Evolve has no control over, and no duty to take any action regarding: which users gains access to the Site; what User Content User accesses via the Site; what effects the User Content may have on User; how User may interpret or use the User Content; or what actions User may take as a result of having been exposed to the User Content. User releases Evolve from all liability for User having acquired or not acquired User Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate.  Evolve makes no representations concerning any content contained in or accessed through the Site, and Evolve will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): EVOLVE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE.  Evolve will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Evolve’s equipment, transmitted over networks accessed by the Site, or otherwise connected with User’s use of the Services. For more information please refer to Evolve’s Privacy Policy.

  1. Third-Party Sites

Third Parties may provide links to their own sites on the Evolve Site. These links do not constitute an endorsement by Evolve of any such sites or their content and are provided solely as a convenience.  Evolve has no control and bears no responsibility for any content, terms of use, or privacy policies of any third party sites linked to the Evolve Site. Users assume any and all risk associated with leaving the Evolve Site to access any third party sites, therefore Evolve encourages users to review the terms and services and privacy policies of any such sites that they choose to access from the Evolve Site.

  1. Indemnity

User will indemnify and hold harmless Evolve, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

  1. Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

  1. Fees and Payment

Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Evolve reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, notification of which may be sent by email or posted on the Site. Use of the Services by User following such notification constitutes User’s acceptance of any new or increased charges.

  1. Social Networking Sites

Using our Services through a social networking site, such as Facebook, authorizes Evolve to access, store, retain and use indefinitely, certain information from your profile on any such social networking site. Such information is helpful in integrating our Users’ profile from the social networking site with their profile on Evolve. For more information please refer to Evolve’s privacy policy.

  1. Termination

Either party may terminate the Services at any time by notifying the other party by any means.  Evolve may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the User’s account, User’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

  1. Changes and Notification of Changes

We reserve the right to change these Terms of Use from time to time with notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. We will notify you directly if there is a material change in our Terms of Services. If there is such a change we will take commercially reasonable measures to obtain written or active email consent from. We will also post the changes on our terms of use page prior to a change.

  1. Contact Us

If you have any questions about this Terms of Use, the practices of this Site, or your dealings with Evolve, please contact us at contact@thevoix.com.

  1. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Evolve shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Evolve’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by User except with Evolve’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia in the United States of America without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Evolve in any respect whatsoever.

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