OutSpoken Voices - Terms and conditions of use

OutSpoken Voices - Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and OutSpoken Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by OutSpoken Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to OutSpoken Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of OutSpoken Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
  2. You may, for your own personal, non-commercial use only, do the following:
    • retrieve, display and view the Content on a computer screen;
    • download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network);
    • print one copy of the Content
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of OutSpoken Ltd.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify OutSpoken Ltd for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    • in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
    • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

     In addition to above users are forbidden to:

  • make payments (or attempt of) outside of OutSpoken website. Such action will lead to suspension or even deletion of the User’s account. Moreover, the user will be liable for any loss of business and legal expenses that OutSpoken may incur in recovering it. Users must inform OutSpoken of any offer or attempt of payment outside the Website.
  • make offers of any work to voice artists found on OutSpoken website or try to contact them directly outside OutSpoken platform.
  • accept offers of any work from voice artists registered with OutSpoken outside the platform.  

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end  of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
  5. You are responsible for maintaining the security of your password and OutSpoken must be informed immediately of any unauthorized use.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that OutSpoken Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. OutSpoken Ltd is under no obligation to update information on the Website.
  2. Whilst OutSpoken Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. OutSpoken Ltd accepts no liability for any disruption or non-availability of the Website.
  4. OutSpoken Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  5. You allow us to use info and materials provided for marketing purposes and to promote the Website. You will grant us a license for this in perpetuity to use any work you provide for this purpose and acknowledge or right to remove or refuse use the content at our discretion.
  6. We may advertise the goods and services of third party advertisers, but you must not have any dealings with them outside of the OutSpoken website. Contact between the artist and the client may commence once the voice artist has been paid and hired.  Never before this stage. All contact must stay within OutSpoken website. You agree we can monitor all forms of communication between client and artist and that inappropriate messages can be deleted by us.
  7. OutSpoken offers 6 months free trial period after which membership fees for artists may apply. All charges for OutSpoken subscription services will be offered with a 14 day cooling off period to new subscribers. Artists are independent contractors and are responsible for paying tax in their own countries. OutSpoken is not responsible for fluctuation in currencies when paid via our external payment system provider. A listing on OutSpoken does not guarantee work. Artists should only provide audio to clients (other than test recordings) when pre-payment for work has been confirmed.
  8. Artists, in order to protect their voice samples from being used without payment, when submitting auditions, may slightly change or omit words in their casting demos. They can also use an audio watermark.

Limitation of liability

  1. Nothing in these terms and conditions will:
  2. limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
  3. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  4. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  5. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  6. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.To the maximum extent permitted by law, OutSpoken Ltd accepts no liability for any of the following:
    • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    • loss or corruption of any data, database or software;
    • any special, indirect or consequential loss or damage.
  7. You undertake that your use of OutSpoken’s web services are taken at your own risk and that OutSpoken is not responsible for content provided by you nor would we be liable if any fraudulent transaction is made by a client through our external payment system or PayPal, nor would we collect fees if the timings for providing audio is exceeded.  

OutSpoken Ltd details

  1. OutSpoken Ltd is a company incorporated in England and Wales with registered number 04299976 whose registered address is 76 Park Avenue North, London, NW10 1JY and it operates the Website www.outspokenvoices.com. The registered VAT number is 261 7909 83.

 

You can contact OutSpoken Ltd by email on info@outspokenvoices.com