Terms of Use

www.myBailoutRants.com
Last Modified: September 2008

Welcome to www.myBailoutRants.com (the "Website"), operated by Voice Portraits LLC, a New York limited liability company ("Operator", "we", "our", or "us").   These Terms of Use (the "Agreement") sets forth the terms and conditions which govern your use of the Service (as defined below).

Please read this Agreement carefully before accessing the Website.  By accessing the Website you acknowledge and agree, and/or by leaving an audio recording on our telephone network you previously acknowledged and agreed, that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in this Agreement.  If you do not wish to be bound by this Agreement, you are not authorized to use this Website.

Operator reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.   We will indicate that changes to this Agreement have been made by listing a new date under "Last Modified" appearing above.

1. Submissions.

1.1          Submissions; Monitoring.  Operator provides a service (the "Service") which enables users to create voice recordings ("Recordings") through a telephone recording network (the "Network") that are saved and made available on the Internet by means of our web-enabled delivery and storage system.  The Service also provides visitors to the Website ("Visitors") with the opportunity to post messages, comments and other content (collectively, "Content"). Recordings and Content from users are collectively referred to herein as "Submissions". We believe that the Website facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. We respect your ownership of and responsibility for the content you wish to share.  You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website.  However, you acknowledge and agree that we and/or our licensees have the right to monitor and to alter, edit, refuse to post or remove any Submission to the Service, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.  You agree that you shall immediately notify Operator in writing of any objectionable Submissions or other content appearing on the Website.

1.2          Restrictions.  By making a Recording or posting a Submission to the Service, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to make a Recording of, or post or otherwise submit to the Service any Submission that:

(a)           is fraudulent;

(b)           is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Service, services connected to the Website, or otherwise interferes with operations or services of this Service in any way;

(c)           infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;

(d)           is offensive to the Website community or to us, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;

(e)           involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or solicits personally identifiable information from other visitors to the Website;

(f)            promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(g)           links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website or Operator;

(h)           violates a person’s rights of publicity and/or privacy; or

(i)             violates any applicable local, state, national, or international law.

You acknowledge that Submissions to the Service may be subject to size and usage limitations, and that you are responsible for adhering to such limitations. 

1.3          Grant of License to Submissions.  By making a Recording or posting Submissions to the Service, you automatically grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere.  No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.

2. Intellectual Property.

2.1          Copyright.  All content (including without limitation any pictures, logos, audio recordings, images and text) appearing on the Website or residing on the Network is the property of Operator or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries.  You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

2.2          Trademarks.  Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors, sponsors or suppliers (collectively, the "Trademarks") and are protected by the trademark laws of the United States and/or other countries.  The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, Operator.

3. No Employment Relationship.

You acknowledge and agree that by submitting your Submissions you are not entering into an employment relationship with the Website and that no relationship is created other than licensor/licensee.

4. Links.

Operator and/or third parties may provide links to other websites of possible interest to you.  Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.  All such websites shall be subject to the policies and procedures of the owner of such websites.

5. Privacy.

Operator is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the Website is described in our Privacy Policy, which can be found at Privacy Policy.

6. Indemnification.

You agree to indemnify, defend, and hold harmless Operator, its directors, officers, employees, and agents, from and against any action brought against any of them, by any third party, with respect to any claim, demand, cause of action, debt, or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that if true, would constitute a breach by you of any of your representations and warranties contained in this Agreement.  You agree that under no circumstances will Operator be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Operator harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.

7. Further Assurances.

You shall at any and all times, upon request by the Operator, or its legal representative, make, execute, and deliver any and all such other and further instruments as may be necessary or desirable for the purpose of ensuring that all rights in the contribution are transferred to Operator, without charge therefore.

8. Disclaimer of Warranties.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERATOR DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, ALL RESPONSIBILITY OR LIABILITY DAMAGES CAUSE BY VIRUSES OR OTHER HARMFUL MATERIALS DISTRIBUTED THROUGH THE WEBSITE IS DISCLAIMED. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL THE OPERATOR OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELATED TO, OR ARISING FROM YOUR USE, OR CONTRIBUTION TO, THE SERVICE, REGARDLESS OF WHETHER OPERATOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIAL PRESENTED ON THE WEBSITE FOR ANY REASON OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

9. General.

This Agreement comprises the entire understanding between the parties with respect to, and supersede any prior understanding or agreement, oral or written relating to the subject matter hereof. This Agreement shall be construed and enforced in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York located in New York County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing New York County New York, (the "New York Courts") for any litigation arising out of or relating to these Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum. In connection with any litigation or arbitration arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including legal fees and expenses, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.

10. Contact Us.

If you have any questions or concerns regarding the Service, please contact us by e-mail at customerservice@voiceportraits.com.