The terms voxytalksy.com and ‘voxytalksy‘ are used through this entire document to refer to the website and its content “Services”, its owners subsidiaries, employees and associated contractual workers.
ACCEPTANCE OF USER AGREEMENT
- This agreement applies to all users (registered and visitors) including, but not limited to users who contribute content and other digital material on this site.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- You expressly agree that use of the website is at your sole risk.
THE SERVICES AND CONTENT ON THIS WEBSITE ARE PROVIDED “AS-IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTY\INDEMNIFICATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You can use this website with\without registering for a VOXYTALKSY account. However, to post your self-created content you must register for an account with us that will help us identify you and link your posts to a screen name “VOXYTALKSY ID” that you can access with a password that you choose.
You can also register via a third-party service such as Google, Facebook, etc. We refuse the right to refuse registration or cancel any user ID at our sole discretion. We reserve the right to reclaim User IDs on behalf of business houses or individuals that hold direct legal claim or trademark property rights on specific usernames
You are solely responsible for all activity that happens through your account and you must keep your password secret and secure. If you suspect breach of security or unauthorized use of your account, you can contact our support team for help.
VOXYTALKSY will not be liable for any losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of VOXYTALKSY or others due to such unauthorized and illegal use.
By registering with us, you agree to receive periodic newsletters and other email notifications from us, which you can always subscribe from in your account’s email settings.
VOXYTALKSY allows you to post self-created content on voxytalksy.com (subject to approval by our moderators), including, but not limited to opinions, forum comments, self-made or self-edited pictures, videos, commenting in discussion threads and posting other non-sexually explicit material. Any content a User submits or chooses to display publicly on this website, is referred to as “User Content”. Please visit our CONTENT POLICY for more details and how we deal with illegal content.
HOW WE AND OTHER USERS CAN USE\SHARE YOUR CONTENT
- You grant us with a non-binding, a non-exclusive, irrevocable, royalty-free, worldwide, perpetuallicense to use, translate, modify, distribute and publicly display your self-posted content on this website and which can also be shared on other social media platform in its original form.
COPYRIGHT and INTELLECTUAL PROPERTY RULES
- By posting content on this website, you represent and warrant that you hold all rights to your self-generated content and that any post you make does not violate any third-party’s intellectual party rights. If you are sharing someone else’s’ copyrighted image or quote, text, design, etc. you are bound to share an on-screen copyright credit.
- VOXYTALKSY reserves the right to reject, report to authorities and/or remove any User Content that we find to be in violation of someone else’s copyright or trademark. You understand and agree that any emotional\financial\legal loss to the image of a person or business entity due to the upload, download, sharing, transmission, display, or otherwise accessibility of your content will be responsibility and VOXYTALKSY and its owners will liable for any damages you or the copyright holder allege to incur as a result of such a breach.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- All text, photographs, graphics, audio-visual content, website design, website logo contained on our site is protected by copyright as a collective “work”of our in-house team of writers and contractual journalists. This work is protected under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) hold all rights therein.
- Posts created by our in-house team and associated contractual workers may include images shared within them which may be owned by someone else. We give due on-screen credit and copyright to each copyright holder in all our in-house posts and request all registered users to seek copyright consent before adding any copyrighted material in their posts. If you think we or any user haven’t\hasn’t given you your rightful copyright claim, please contact us at – enter copyright\DMCA claim email IDso that we can take prompt action by adding copyright to the post or by removing the post as per your request.
- You as a registered user must abide by all additional copyright notices or restrictions contained on our site.
By submitting User Content on this website (text, videos, photographs, audio or otherwise), you are giving us, our affiliates, representatives and third-party contractors the right to display or publish such content publically on our site and to store such content on our web server for perpetuity, and to distribute such content for promotional and marketing purposes.
You are solely responsible for all your submissions and the consequences\liabilities that come with posting or publishing them. You reaffirm, represent, and/or warrant that:
- You own\ have the necessary rights, consents, and permissions to use and display a person\brand or entity’s legalized patent, trademark, trade-secret, copyright or other intellectual proprietary rights in any\all such submissions you make manner governed by these Terms and Conditions; and
- You will not submit any copyrighted or trade-secret material that infringes upon any third party’s proprietary rights, including, but not limited to privacy, intellectual and publicity rights
- You will not post any material that is pornographic, defamatory, obscene, libelous, unlawful, harassing, racially or ethnically offensive, threatening or is considered a criminal offense or civil liability in your country.
- You will not post hidden\explicit advertisements or solicitations of business products without the written consent of VOXYTALKSY management team and its advertising team.
RESTRICTIONS FOR ALL VISITORS
- Unless permitted by us, you cannot copy, distribute, enter into a database, save to a hard drive, create derivative works from, reproduce, publish, transmit or modify any content displayed on this website. You can print the webpage as-is only for personal collection.
- In no event shall VOXYTALKSY and its owners\service providers be held liable for any direct\indirect, punitive, special or consequential damages arising out of the use of this website and the content shared herein.
USE OF DISCUSSION THREADS, COMMENTS AND OTHER COMMUNICATION FORUMS
- You will NOT upload any kind of code\file and software that may contain a virus or may damage the site’s functionality and may infringe upon other users’ privacy and ease of use of the website.
- Downloading any file posted by some user on the forum is your sole liability and we will not be held for any damage, physical\financial\emotional\whatsoever in any way.
- You will not post chain letters in the forum and conduct contests or surveys without our written consent.
INFORMATION SHARING DISCLAIMER
- You explicitly acknowledge that the information shared by you through com is compiled from various sources, which are beyond the control of VOXYTALKSY.COM. We do not warrant\vouch for the accuracy or suitability of the information shared by you on this site.
- You acknowledge that com is provided to you on an ‘as-is, with all faults’ basis which means that any human error or electronic transmission error is not our own doing and is due to factors out of our control.
- We expressly disclaim any kind of warranties (express, oral, implied, statutory) or indemnities you may claim on any of your posts on this website.
- You assume all risks of errors and/or omissions in your posts and you assume full responsibility for implementing sufficient procedures and checks to verify the accuracy and suitability of your posts.
LINKS TO THIRD PARTY SITES
- Some posts in this site will allow you to leave com and connect to a third-party site for sharing posts, logging-in to some service or for any other service that we do not offer. Since these sites are not under the direct\indirect control of VOXYTALKSY and the fact that we have neither approved nor reviewed these sites, you are solely responsible for your actions on those sites.
- The inclusion of any linked third-party site in any post on this website does not imply any kind endorsement by VOXYTALKSY and\or its associates.
We may, in our sole discretion, terminate your (any person or entity) access to all\ any part of the Services at any time (with or without cause, with or without notice) to ensure compliance with all laws, rules and regulations applicable to you.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be governed by and construed in accordance with the laws of the Republic of India. You agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction of the honorable Supreme Court of India.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, electronic or communications failure or mechanical degradation.
IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.