VoiceZam™, a service provided by MediaZam LLC ("VoiceZam,"
"MediaZam," "we, " "our," or
of Use govern your use of voicezam.com (the "Website") and all related
sites, players, widgets, tools, apps, data, software, APIs and other services
provided by VoiceZam™ (the "Services").
any other terms specifically referred to in any of those documents, constitute
a legally binding agreement (the "Agreement") between you and VoiceZam™ in
relation to your use of the Website and Services (together, the "Platform").
to any of the provisions set out in those documents, you should not use the
Website or the Services.
or using the Platform, registering an account, or by viewing, accessing, streaming,
uploading or downloading any information or content from or to the Platform,
years of age or more, or you are 13 years of age or more and have your
parent(s)’ or legal guardian(s)’ permission to use the Platform.
from time to time. The date of last modification is stated at the top of these
continued access or use of the Platform constitutes your acceptance of such
changes. Your access and use of the Platform will be subject to the current
on the home page of voicezam.com to view the current terms.
of the Platform
its affiliates provide a cutting edge Platform for voice talent, talent agents
and media producers as described further on the VoiceZam™ website. We may, from
time to time, release new tools and resources on the Website; add, delete or
change some or all of the Services; or introduce other Services and/or features
for the Platform. Any new Services and features will be subject to these Terms
specific Services or features.
Use of the Platform
access and use the Platform and participate in the Platform for lawful purposes
policies, restrictions, and agreements on the Website.
Your use of
the Platform is conditional upon your strict compliance with these Terms of
Use, including, without limitation, the following:
- You must
not conduct any fraudulent, criminal offense, or other unlawful activity.
- You must
not use the Platform to upload, post, store, transmit, display, copy,
distribute, promote, make available, or otherwise communicate to the
- any content
that is offensive, abusive, libelous, defamatory, obscene, racist,
sexually explicit, ethnically or culturally offensive, indecent, that
promotes violence, terrorism, or illegal acts, incites hatred on grounds
of race, gender, religion or sexual orientation, or is otherwise
objectionable in our reasonable discretion;
information, content or other material that violates, plagiarizes,
misappropriates or infringes the rights of third parties including,
without limitation, copyright, trademark rights, rights of privacy or
publicity, confidential information or any other right; or
- any content
that violates, breaches or is contrary to any law, rule, regulation,
court order or is otherwise is illegal or unlawful in our reasonable
material of any kind that contains any virus, Trojan horse, spyware,
adware, malware, bot, time bomb, worm, or other harmful or malicious
component, which or might overburden, impair or disrupt the Platform or
servers or networks forming part of, or connected to, the Platform, or
which does or might restrict or inhibit any other user's use and
enjoyment of the Platform; or
- any unsolicited
or unauthorized advertising, promotional messages, spam or any other form
- You must
not deliberately impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity, for example, by
registering an account in the name of another person or company, or
sending messages or making comments using the name of another person.
- You must
not use or attempt to use another person's account, password, or other
information, unless you have express permission from that other person.
- You must
not sell or transfer, or offer to sell or transfer, any VoiceZam™ account
to any third party without the prior written approval of VoiceZam™.
- You must
not resell or make commercial use of the Platform or any part thereof.
- You must
not use any content (other than your content) in any way that is designed
to create a separate content service or that replicates any part of the
- You must
not use any data mining, scraping, robots, or similar data gathering and
extraction tools on or at the Website or use any other automated means to
access the Platform.
- You must
not take any action that imposes, or may impose in our sole discretion, an
unreasonable or disproportionately large load on our servers or other
infrastructure or use the Platform in any way that causes, or is likely to
cause, the Platform or access to or use of it to be interrupted, damaged
or impaired in any way.
- You must
not alter or remove, attempt to alter or remove, any trademark, copyright,
patent, or other proprietary or legal notices contained in, or appearing
on, the Platform or any content appearing on the Platform.
- You must
not, and must not permit any third party to, copy or adapt the object code
of the Website or any of the Services, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or object
code of any part of the Platform, or circumvent or attempt to circumvent
or copy any copy protection mechanism or access any rights management
information pertaining to content.
- You must
not violate, circumvent or attempt to violate or circumvent any data
security measures employed by VoiceZam™; access or attempt to access data
or materials which are not intended for your use; log into, or attempt to
log into, a server or account which you are not authorized to access;
attempt to scan or test the vulnerability of our servers, system or network
or attempt to breach our data security or authentication procedures;
attempt to interfere with the Website or the Services by any means
including, without limitation, hacking our servers or systems, submitting
a virus, overloading, mail-bombing or crashing. Without limitation to any
the right to investigate any situation that appears to involve any of the
above, and may report such matters to, and co-operate with, appropriate
law enforcement authorities in prosecuting any users who have participated
in any such violations.
to comply with the above conditions, and acknowledge and agree that VoiceZam™ has
the right, in its sole discretion, to limit your access to the Platform, terminate
your account, or take such other action as we see fit if you breach any of the
and/or reporting offending users to the relevant authorities.
and all content contained on the Website is proprietary to VoiceZam™ and is
protected by United States and International copyright laws and treaties.
Protected content includes, without limitation, text, graphics, logos, button
icons, images, audio clips, video clips, digital downloads, data compilations,
and software and the compilation and arrangement of such content. You may
download or print materials from the Website for personal, non-commercial use,
provided that you do not modify or alter the materials in any way, post or
distribute the materials in any manner including any printed materials,
website, online forum, online auction or other portion of the Internet, or
delete or change any copyright or trademark notice. All material on the Website
is provided for lawful purposes only. None of the information on this site may
be copied, distributed or transmitted in any way for commercial use without the
express written consent of VoiceZam™.
and other VoiceZam™ graphics, logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of MediaZam LLC and its
subsidiaries or affiliates. VoiceZam's trademarks and trade dress may not be
used in connection with any product or service that is not VoiceZam's, in any
manner that is likely to cause confusion among customers or in any manner that
disparages or discredits VoiceZam™. All other trademarks not owned by VoiceZam™
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 VoiceZam™ or its subsidiaries.
Communications Decency Act Notice
a provider of "interactive computer services" under the
Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability
for defamation and other claims arising out of any postings to this site by
third parties is limited as described therein. We are not responsible for
content or any other information posted to this site by third parties. We
neither warrant the accuracy of such postings or exercise any editorial control
over such posts, nor do we assume any legal obligation for editorial control of
content posted by third parties or liability in connection with such postings,
including any responsibility or liability for investigating or verifying the
accuracy of any content or any other information contained in such postings
the intellectual property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, you should notify us of your infringement claim in accordance with
the procedure set forth below.
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act (the "DMCA")
and other applicable intellectual property laws with respect to any alleged or
notification of claimed copyright infringement should be emailed to our
Copyright Agent at firstname.lastname@example.org, (Subject line: "VoiceZam DMCA Takedown
Request"). You may also contact us by mail or fax at:
PO Box 1388
Brookfield, WI 53008-1388
effective, the notification must be in writing and contain the following
- an physical
or electronic signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that
you claim has been infringed;
description of the material that you claim is infringing or where it is
located on the Platform, with enough detail that we may find it on the Platform;
address, telephone number and email address;
- a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or
- a statement
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property
in mind that if you knowingly make a false claim in a DMCA takedown notice, you
could be subject to liability for damages, court costs and attorneys' fees
under Federal law.
process applies to copyright only. If you discover any content that you believe
to be in violation of your trademark rights, please report this to us by email
In all other
cases, if you discover content that infringes any or violates any of your other
rights, which you believe is defamatory, pornographic, obscene, racist or
otherwise liable to cause widespread offence, or which constitutes
applicable law, please report this to us at email@example.com.
and Removal of Content
the fact that VoiceZam™ has no legal obligation to monitor the content on the
Platform, VoiceZam™ reserves the right to block, remove or delete any content
at any time, and to limit or restrict access to any content, for any reason and
without liability, including without limitation, if we have reason to believe
that such content does or might infringe the rights of any third party, has
is otherwise unacceptable to VoiceZam™.
provide services in connection with the Platform, including by not limited to
email notifications, streaming of audio content, and publication of Member’s
public profile information. We will endeavor to ensure that such services are
available, operate correctly and are free from malicious code (e.g., computer
viruses). You agree to release and hold harmless VoiceZam™ for any damages
arising out of your use of the Platform, including the unavailability, failure
or improper operation of services provided in connection with the Website.
Platform Provided "As Is"
IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE AND OUR
SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR
ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE PLATFORM
IS WITH YOU. Certain jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. You have specific
rights under this warranty, but you may have others, which vary from
jurisdiction to jurisdiction.
OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS
AND AGENTS (including us, collectively, the "MediaZam Parties") SHALL
NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, DIRECT,
PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR
LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES OR PROCEEDING ARISING UNDER
OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, COSTS OR LOSSES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR
OTHERWISE. THE FEES FOR OUR SERVICES REFLECT AND ARE SET IN RELIANCE UPON THIS
ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF
USE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
You agree to
indemnify and hold each of the MediaZam Parties harmless against all claims or
liability asserted against any of us arising out of or in connection with any
To The VoiceZam™ Website
your comments and feedback about the Website and about its Platform. However, we,
in our sole discretion, reserve the right to use or not use any ideas, content,
materials, or suggestions without any express or implied obligation, contract
or compensation to you. All ideas, materials, or suggestions submitted shall
become the property of VoiceZam™ and we may use such ideas, materials, or
suggestions in whole or in part at our sole discretion without compensation or
credit to you. All communications and other materials (including, without
limitation, unsolicited ideas, suggestions, or materials) you send to this
Website or to us by e-mail or otherwise are and shall remain the sole and
exclusive property of VoiceZam™ and may be used by us for any proper purpose
whatsoever, commercial or otherwise, without compensation to the submitter.
(and any of its derivative forms, e.g. "includes"), "e.g." and "for example"
means "including but not limited to"; (b) "must not", "should not",
"shall not" and "may not" are expressions of prohibition, and "will",
"must", "should" and "shall" are expressions of command, and not
merely expressions of future intent or expectation; (c) use of the singular
imports the plural and vice versa; (d) references to one or no gender include
the other or no gender; (e) references to the terms "herein" or "hereto" refer
not affect its interpretation; and (g) when calculating the time period before
which, within which, or following which any act is to be done or step taken
calculating such period shall be excluded and the time period shall be deemed
to end at 11:59 PM Central Time on the applicable date.
to Electronic Communications
any information on the Website, you are consenting to receive communications
from us electronically and 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.
- The parties
the Website shall create a joint venture, partnership, employment
relationship, or franchise or fiduciary relationship between the parties.
- If any
unenforceable, that provision will be deemed severable and will not affect
the validity and enforceability of any remaining provisions.
- No waiver
default, whether of a similar nature or not, nor will any such waiver be
- All legal
issues arising from or related to the use of VoiceZam™ shall be construed
in accordance with and determined by the laws of the United
States and the State of Wisconsin. By using VoiceZam™, you agree that the
exclusive forum for the bringing of any claims or causes of action arising
out of or relating to your use of VoiceZam™ is the Wisconsin courts. You
hereby accept and submit to the jurisdiction of such courts in any such
proceeding or action, and irrevocably waive, to the fullest extent
permitted by law, any objection to venue, or to the inconvenience of the
forum, of any such court or right to trial by jury to resolve any such
represent that, if you are an individual, you are at least 18 years of age
- The MediaZam
express or implied, is intended to or shall confer upon any third person
or entity other than the MediaZam Parties any rights, benefits or remedies
of any nature whatsoever. Without limiting the generality of the
foregoing, no provision herein shall be for the benefit of or enforceable
by any creditor of any party hereto.
- If you
still be entitled to use our rights and remedies in any other situation
cumulative and are in addition to your obligations and our rights and
remedies at law or in equity.
long as such party agrees to be bound by its terms.
- These Terms
of Use are in addition to the Membership Services Agreement, Privacy
Policy, and any policies, guidelines and restrictions contained on the Platform
To Contact Us
If you have
Website or Services, please contact us by email at firstname.lastname@example.org, or write
to us at:
PO Box 1388
Brookfield, WI 53008-1388