Terms of Service and Disclaimer

Terms of Service and Disclaimer

 

Welcome to this web site, which is owned and operated by Voice123, Inc. Voice123, Inc.’s client, and/or Voice123, Inc.’s subsidiary, affiliate or related company (throughout these Terms of Use “Voice123, Inc.” refers collectively to Voice123, Inc., a Delaware corporation, and its clients, subsidiaries, affiliates and related companies) (including this web site and any mobile applications provided through our platform, the “Site”).  The following terms of use (“Terms”) set forth the rules that govern your use of the Site. Please read these terms carefully. By accessing or using this Site, you agree that you have read, understand, and agree to be bound by the terms described in these Terms and all terms incorporated by reference. Voice123, Inc. reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. 

 

THE SERVICES

 

APPLICATION IS SOLELY A VENUE.

 

The Site is a technology marketplace where voice actors and talent (“talent”), and users seeking to hire such talent (“clients”), can identify each other and buy and sell services online. Those certain services requested by clients, which are to be completed by the talent, are hereinafter referred to as the “talent services”).  The talent services will be paid for, and the digital goods underlying the talent services, will be submitted through our Site and governed by the Reference Agreements described below. Subject to the terms of this Agreement, Voice 123, Inc. provides services to clients and talent, including hosting and maintaining the Site, and facilitating the purchase and sale of talent services. 

 

Unless otherwise agreed by Voice 123 in a separate written agreement with you, the Site is made available solely for your personal, noncommercial use. Voice 123 does not itself provide the talent services. The provision of all talent services is up to the talent. VOICE 123, THROUGH THE SITE, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH TALENT SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH TALENT SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TALENT SERVICES AND/OR DIGITAL GOODS OR WORK PRODUCT PROVIDED TO YOU BY TALENT, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. 

 

For the avoidance of doubt, Voice 123 has no responsibility to clients or talent for enforcing any rights with respect to the talent services or for any damages to your person, property or rights caused by the talent or clients, including the use or misuse of third party intellectual property.

 

BY USING THE SITE, YOU AGREE TO HOLD VOICE 123 FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE TALENT SERVICES OR PROVIDING THE TALENT SERVICES. VOICE 123 IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CLIENT, TALENT OR OTHER PARTY, INCLUDING THIRD PARTY PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY TALENT SERVICES.

 

VOICE 123 HAS THE RIGHT, IN ITS SOLE DISCRETION, AND FOR ANY OR NO REASON, TO DEACTIVATE AND REVOKE THE ACCESS OF ANY PARTY TO THE SITE AND CONTINUED PROVISION OR CONTRACTING FOR TALENT SERVICES.

Reference Agreements (the “Reference Agreements”)

You also agree that you have read, understand, and agree to be bound by reference to the following agreements.

 

Content Licensing

    The text, trademarks, trade names, trade dress, service marks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) may be subject to patent, copyright, trademark, and other intellectual property protection. You may view, download, and print Content from the Site subject to the following terms and conditions: (a) the Content may be used solely for information purposes; and (b) the Content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Voice123, Inc. without the express written consent of Voice123, Inc. You may not use any meta tags or any other “hidden text” utilizing Voice123, Inc.’s name or trademarks without the express written consent of Voice123, Inc. You may not use any Voice123, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the license granted by Voice123, Inc. 

    Reviews, Comments, Communications, And Other Content 

    You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. By submitting information, you grant Voice123, Inc. a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicensable license to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you represent and warrant and will covenant that the content is accurate; you own all rights to or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify, hold harmless and defend Voice123, Inc., and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. 

     

    Voice123, Inc. reserves the right to reject or edit any information submitted to the Site at its sole discretion. Voice123, Inc. does NOT allow talents to share profiles. If a talent account is found to be representing more than one individual voice talent, the account may be removed from the site without notice and there will be NO refund given for any unused portion of the membership, if applicable.

     

    All of the above applies to our Weblog or Blog as is commonly known. Any information, opinion or comment made in it by third parties, is not the opinion, information or comment of Voice123, Inc., and Voice123, Inc. cannot be held responsible for it. If you believe that any information given in it is false, you may post a comment on the blog or contact us. 

    Prohibited Use and Access
    You are prohibited from using or accessing the Site or its Content for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:

    • to solicit others to perform or participate in any unlawful acts;
    • to violate any international, federal, or state regulations, rules, laws, or local ordinances;
    • to infringe upon or violate our intellectual property rights or the intellectual property rights or privacy rights of others;
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • to submit false or misleading information;
    • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet;
    • to collect or track the personal information of others;
    • to spam, phish, pharm, pretext, or otherwise contact users of this Site;
    • to spider, crawl, or scrape the Content of this Site;
    • to interfere with or circumvent the security features of this Site, other websites, or the Internet.
    • Additionally, the systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.

      We reserve the right to terminate your use of the Site for using or accessing the Site in any prohibited manner described above.

      Products and Services offered By Voice123, Inc. on the Site 

      Voice123, Inc. offers products and services on the Site, including talent services. When you enroll to obtain a product or service from Voice123, Inc. on the Site, you accept the specific agreement applicable to that product or service, including the Reference Agreements. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service, including the Reference Agreement. Voice123, Inc. does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free. Voice123, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

       

      Voice123 Wallet

      Voice123 offers a digital wallet service (the “Voice123 Wallet”) that enables all users, including voice actors and talents professionals, and clients purchasing to digital products therefrom, to maintain cash and credit balances with Voice123 and, upon request as set forth in the applicable Secure Payment and Delivery Service terms, transfer any eligible balance to a U.S. bank account provide to Voice123 by the user. Balances due to voice actors or talent professionals from orders that have been approved and accepted by the applicable client shall be credited to the user’s Voice123 Wallet. Notwithstanding the foregoing, balances credited to the user’s Voice123 Wallet on account of credited Voice123 membership fees shall not be eligible for cash reimbursement—users may elect to apply such balances to Voice123 membership fees. Amounts due on account of any order submitted by a client may be credited prior to order acceptance by the applicable client to the client’s Voice123 Wallet. Upon the client’s acceptance of an order, the amount shall be credited against the client’s Voice123 Wallet balance and delivered to the talent professional set forth in the corresponding order; provided, however, that, if a client rejects the digital goods in accordance with the terms set forth in the Secure Payment and Delivery Service terms, the user may elect to transfer any balance due on account of such rejected order to a bank account provided to Voice123 by the client.

       

      Site Updates and Accuracy

      We undertake no obligation to update, amend or clarify information on this Site, including, without limitation, pricing or product information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

      On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate.

      This Section is not intended to limit any disclaimer contained in these Terms or any Reference Agreement.

      Patent Information

      Voice123, Inc. may own one or more United States and international patents that apply to the Site. 

      Copyright Information 

      All Content of this Web site are the copyright of Voice123, Inc., 2444 Fillmore St #380-9945 San Francisco, CA 91115. All rights reserved. The Site and the Content within the Site are the property of Voice123, Inc., its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization, and display of the content, as well as all software and inventions used on and in connection with this Site, are the exclusive property of Voice123, Inc. Voice123, Inc. reserves all rights in the Site and its Content not specifically granted in any agreements with Voice123, Inc. or in the Terms of Use. 

      Copyright Complaints

      Voice123, Inc. respects the intellectual property of others. Voice 123´s designated Copyright Agent to receive notifications of claimed infringement is Roelof Veldman. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@voice123.com.

      DMCA Infringement Notification

      To be effective, infringement notifications  must include the following:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material
      4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted.
      5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
      6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

      1. We will remove or disable access to the content that is alleged to be infringing;
      2. We will forward the written notification to the alleged infringer; and
      3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

        DMCA Infringement Counter Notification

        Pursuant to the Digital Millenium Copyright Act (the “DMCA”), after the alleged infringer receives a notice of infringement from us, the alleged infringer will have the opportunity to respond to us with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to our copyright agent, and must include the following:

        1. A physical or electronic signature of the notifying party;
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
        3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
        4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the notifying party’s address is located, or if the notifying party’s address is outside of the United States, any judicial district in which we may be found, and that the c will accept service of process from the person who provided notification or an agent of such person.

        Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled. We will comply with this requirement as required by law, provided that our copyright agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our network.

        Trademark Information 

        VOICE123 and other marks indicated on our site are registered trademarks of Voice123, Inc.in the United States and/or other countries. Other Voice123, Inc. marks, graphics, logos, page headers, button icons, scripts noted on the Site are Voice123, Inc.’s service marks, trademarks, and trade dress and are the sole and exclusive property of Voice123, Inc. Voice123, Inc.’s service marks, trademarks, and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Voice123, Inc. and in connection with any service or product that is not sponsored, endorsed or produced by Voice123, Inc. All other trademarks not owned by Voice123, Inc. its clients, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Voice123, Inc. or its subsidiaries. 

        Third-Party Web Sites and Information

         The Site may provide hyperlinks to third party Web sites or access to third-party content. Voice123, Inc. does not control, endorse, or guarantee content found in such sites. You agree that Voice123, Inc. is not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that Voice123, Inc. shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. 

        Limitations on Liability

        YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; AND (2) THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR, OUR AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO VOICE 123 IN CONNECTION WITH YOUR USE OF THE TALENT SERVICES DURING THE PRIOR 12 MONTHS OR $50.

        Disclaimer

         ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. VOICE123, INC. AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY VOICE123, INC. ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. VOICE123, INC. DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. VOICE123, INC., ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF VOICE123, INC., ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

        Indemnification 

        You agree to indemnify, hold harmless and defend Voice123, Inc. and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) your breach of these Terms and Conditions; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; (iv) in connection with your use of the Site or any hyperlinked Web site; (v) resulting from content you supply; or (vi) resulting from a dispute between you and a client or talent. 

        Termination

        The Terms will remain in effect until you cease to use the Site. Notwithstanding the foregoing, all terms and conditions of these Terms that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of these Terms and will be enforceable by the parties. We may also terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in our sole discretion, you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under these Terms or otherwise, unless otherwise permitted by separate written agreement with us.

        Governing Law; Arbitration

        This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof. All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability or alleged breach) or your use of our Site will be exclusively resolved under confidential binding arbitration held in San Francisco County, California in accordance with the rules and procedures of the American Arbitration Association (“AAA”). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in San Francisco County, California to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

        Waiver of Jury Trial.

        EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  EACH OF THE PARTIES HERETO HEREBY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

        Attorneys’ Fees

        Should any litigation, arbitration, meditation or other legal proceeding be commenced concerning this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to reimbursement of the prevailing party’s attorney’s fees and costs incurred in connection with such proceeding. 

        Entire Terms and Conditions

        These Terms, together with the Reference Agreements, contain the entire agreement between you and Voice123, Inc. with respect to the engagement relationship between You and Voice123, Inc. and supersede all prior agreements, undertakings, and commitments, whether oral or written. No amendments to these Terms shall be effective, except by a written agreement signed by both You and Voice123, Inc.

        Invalid Provisions

        The invalidity or unenforceability of any paragraph or provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms, or the remainder of any paragraph or provision. These Terms shall be construed in all respects as if any invalid or unenforceable paragraph or provision were omitted.

        Successors and Assigns

        These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, subscribers, directors, officers, heirs, successors, representatives and assigns. You agree, for yourself and on behalf of your successors, heirs, executors, administrators, and any person or persons claiming under it, that these Terms and the rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process. Any attempt to do so, contrary to these Terms, shall be null and void and shall relieve Voice123, Inc. of any and all obligations or liability hereunder.

        Construction

        Each party to these Terms has carefully reviewed them, is familiar with the terms and conditions herein, and given the opportunity to have their counsel review these Terms or was advised by legal counsel of his or its own choice with respect thereto. These Terms are the product of negotiation among the parties hereto and are not to be interpreted or construed against any party hereto. For the purposes hereof, the term “discretion” shall mean the sole, absolute, unrestricted and unfettered right to exercise judgment. The language in all parts of this Terms and Conditions shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the parties. Without limitation, there shall be no presumption against any party on the ground that such party was responsible for drafting these Terms.

        Effect of Waiver

        The failure of any party to insist on in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of such terms, conditions, rights or privileges, but same shall continue to remain in full force and effect. Any waiver by any party of any violation of, breach of or default under any provision of these Terms by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of these Terms.

        Force Majeure

        Neither party shall be in default by reason of any failure or delay in the performance of any obligation under these Terms where such failure or delay arises out of any cause beyond the control and without the fault or negligence of such party.

        Binding Effect

        These Terms shall be binding upon, and inure to the benefit of, Voice123, Inc. and its successors, assigns, heirs, legal representatives, executors, and administrators. 

        Local Laws and Regulations 

        Clients are responsible for adhering to and complying with all applicable laws including, but not limited to, permits, licenses, taxes, and safety compliance. 

        Contact Information

        If you have any questions regarding these Terms of Use, please contact Voice123, Inc. at help@voice123.com. 

        FOR CLIENTS LOOKING FOR TALENT 

        Voice123, Inc. assumes no responsibility and in no way make any representations, warranties, or covenants as to the accuracy of the information contained on the Site, in any of the pages or emails published in relation with Voice123, Inc., or with respect to any talent services.  Not all Voice123, Inc. Voice Actor profiles are created directly by the talent professional, some of which are acting as agents or managers for the talent. You are responsible for conducting your own investigation into the talent, including regarding any and all claims made by prospective talents, agents, or clients. You assume all liability for use of any information you find through Voice123, Inc., the Site or any of its publications or the talent services. Clients should be aware that the talent sets its own contract and payment policies, and Voice 123, Inc., only take a fee from the price set by the talent. The operators of Voice123, Inc. assume no responsibility and in no way make any representations, warranties, or covenants as to any contract or work, including talent services obtained or contracted for through Voice123, Inc., or any of its publications. The refund or payment of any talent services is governed by the Reference Agreements. None of the information contained in any Voice123, Inc. web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the client. Qualification of all clients and talent is the sole responsibility of each party. 

        No Service Guarantee 

        Voice123, Inc. does not guarantee that Voice123, Inc. web site will be available one hundred percent (100%) of the time. Voice123, Inc. and its operators make no warranty or representation as to the provision of any service obtained through Voice123, including talent services. If Voice123, Inc. is unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither Voice123, Inc. nor its owners or representatives  will not be held liable for any costs or damages including, but not limited to, indirect, special, incidental, exemplary or consequential damages (including, without limitation, lost profits) related to these Terms or resulting from your use or inability to use the Site, arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if Voice123, Inc. has been notified of the possibility of such damages. Voice123, Inc. makes no warranty or representation as to whether talent will or will not be able to secure engagement through the Voice123 Site.  Voice123, Inc. is not a licensed agent in any location. 

        Cancellation and Refunds 

        You agree to comply with these Terms, including terms set forth above under the Voice123 Wallet heading, and the terms of the Reference Agreements with respect to cancellation or refunds of talent services.

        Notice

        You consent to receive any and all communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail notices to: help@voice123.com.

        Privacy Policy

        Registration Data and certain other information about you is subject to our Privacy Policy, which is incorporated herein by reference and can be found at: https://voice123.com/about/privacy-policy/

        Spamming Policy

        Voice123, Inc. does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM). Voice123, Inc. reserves the right to cancel (without refund) any user that mentions Voice123, Inc. or any of its associated websites, URLs, or any associated Voice123, Inc. email address in any SPAM e-mail message or Usenet posting. You hereby agree that, with respect to the foregoing, Voice123, Inc. may determine what constitutes SPAM in its sole and absolute discretion. 

        Quality Control

        Voice123, Inc.’s stated goal is to reduce the volume of unsolicited information delivered via Voice123, Inc. To that end, projects, auditions and any other communication may be monitored and filtered by Voice123, Inc. prior to delivery to users. All submitted content may be read by Voice123, Inc. staff members. Despite Voice123, Inc.’s filtering efforts, it is likely that some unsolicited information will be delivered. It is also likely that some solicited information may not be delivered as a result of Voice123, Inc.’s filtering efforts. Email delivery is not one hundred percent (100%) reliable and Voice123, Inc. shall not be held responsible for undelivered messages nor for lost profits as a result of undelivered messages. Voice123, Inc., at its own discretion, may supply to a party, the direct contact information of any user of the Voice123, Inc. service.