VOX TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to the Vox service (the "Vox Service"), provided to you by Six Apart Ltd. ("we" "us" "our" or "Six Apart").1.2 Your use of the Vox Service or Six Apart's Web properties through which the Vox Service is available is subject to this Vox Terms of Service ("TOS") in effect at the time of your use. Six Apart reserves the right to update and change this TOS from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to this TOS will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Six Apart as of the date the changes take effect and (ii) Six Apart has actual notice of the dispute as of the date the changes take effect.
1.3 Your use of the Vox Service or Six Apart's Web properties through which the Vox Service is available is also subject to the Six Apart General Terms of Use (the "Terms of Use") in effect at the time of your use, which are incorporated herein as though set forth in full. For the purposes of the Terms of Use, the Vox Service is a "Service," any software that you download from Six Apart to implement the Vox Service is "Software," any account you create to use the Vox Service is an "Account" and each of Six Apart's Web properties through which the Vox Service is available is a "Site." You can review the most current version of the Terms of Use by clicking here at any time. In the event of any conflict between this TOS and the Terms of Use, this TOS will control. For the avoidance of doubt, if there are terms and conditions in the Terms of Use regarding subjects on which this TOS is silent, such silence will not constitute a conflict and the terms and conditions in the Terms of Use will control.
1.4 Your use of the Vox Service or Six Apart's Web properties through which the Vox Service is available is also subject to the Six Apart Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. For the purposes of the Six Apart Privacy Policy, the Vox Service, any software that you download from Six Apart to implement any part of the Vox Service and Six Apart's Web properties through which the Vox Service is available, singly and in combination, constitute part of the "Six Apart Sites, Products and Services." You can review the most current version of the Six Apart Privacy Policy by clicking here at any time.
1.5 By signifying your acceptance of this TOS or making any use of the Vox Service, you signify your irrevocable acceptance of this TOS, the Terms of Use and the Six Apart Privacy Policy in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Vox Service, then you represent and agree that you have the authority to accept this TOS, the Terms of Use and the Six Apart Privacy Policy on behalf of such corporation or other legal entity and that all provisions of this TOS, the Terms of Use and the Six Apart Privacy Policy will bind that corporation or other legal entity as if it were named in this TOS, the Terms of Use and the Six Apart Privacy Policy in place of you.
1.6 The Vox Service is not intended for users under the age of thirteen (13). By signifying your acceptance of this TOS or making any use of the Vox Service, you represent and warrant that you are at least thirteen (13) years of age.
REGISTRATION, ACCOUNT INFORMATION AND SECURITY
2.1 When you register to use the Vox Service, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.
2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Six Apart will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
CONTENT AND CONTENT LICENSES
3.1 Six Apart does not claim ownership over the content you post on the Vox Service. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using the Vox Service or Six Apart's Web properties through which the Vox Service is available, you are granting Six Apart a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by Six Apart as part of the Vox Service. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to Six Apart, but please be aware that your decision may prevent you from being able to use all or portions of the Vox Service.
3.2 You acknowledge that Six Apart does not pre-screen content, but that Six Apart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Vox Service.
3.3 You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all content is the sole responsibility of the person from which such content originated. This means that you, and not Six Apart, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Vox Service. Six Apart does not control the content posted via the Vox Service and, as such, does not guarantee the accuracy, integrity or quality of such content.
3.4 You understand that by using the Vox Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Six Apart be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Vox Service.
3.5 Six Apart may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS, the Terms of Use and the Six Apart Privacy Policy; (c) respond to claims that any content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Six Apart, its users and the public.
3.6 The technical processing and transmission of the Vox Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
CANCELLATION AND TERMINATION
4.1 Six Apart, in its sole discretion, may terminate your password and/or account and remove and discard any content within the Vox Service for any reason, including and without limitation lack of use, or if Six Apart believes that you have violated or acted inconsistently with the letter or spirit of this TOS, the Terms of Use or the Six Apart Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Six Apart's discretion, will be terminated as well.
4.2 Six Apart, in its sole discretion and at any time, may discontinue providing the Vox Service, or any part thereof, with or without notice. Any termination of your access to the Vox Service under any provision of this TOS may be effected without prior notice. Six Apart may immediately deactivate or delete your account, as applicable, and all related information and content. Six Apart reserves the right to bar any further access to such information or content or the Vox Service. Six Apart will not be liable to you or any third party for any termination of your access to the Vox Service.
4.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the Vox Service may be deleted by Six Apart. Six Apart will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
ADDITIONAL SOFTWARE
5.1 With respect to any additional software that may be made available by Six Apart in connection with the Vox Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
INTERSTATE AND INTERNATIONAL USE
6.1 In using the Vox Service to send electronic communications, and as a result of Six Apart's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
6.2 The Vox Service is hosted in the United States. If you use the Vox Service from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Six Apart's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
ADVERTISING AND ADVERTISERS
7.1 The Vox Service may include advertisements, which are necessary for Six Apart to provide the Service.
7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Vox Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Six Apart will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Vox Service.
LINKS
8.1 The Vox Service may provide, or third parties may provide, links to other content, products, services or Web sties which are not owned or operated by Vox. Because Six Apart has no control over such content, products, services or Web sties, Six Apart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Six Apart will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sties.
INDEMNITY
9.1 You will indemnify and hold Six Apart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the Vox Service, your connection to the Vox Service, your violation of this TOS, the Terms of Use or the Six Apart Privacy Policy, or your violation of any rights of another, whether you are a registered user or not.
RESALE OF VOX SERVICE
10.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Vox Service, use of the Vox Service or access to the Vox Service without the express permission by Six Apart.
GENERAL PRACTICES REGARDING USE AND STORAGE
11.1 Six Apart may establish general practices and limits concerning use of the Vox Service and may modify such practices and limits from time to time.
MODIFICATIONS TO THE VOX SERVICE
12.1 Six Apart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Vox Service (or any part thereof) with or without notice at any time. You agree that Six Apart will not be liable to you or to any third party for any modification, suspension or discontinuance of the Vox Service.
CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
13.1 The Vox Service and any necessary software used in connection with the Vox Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. content contained in sponsor advertisements or information presented to you through the Vox Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Six Apart or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Vox Service, any necessary software used in connection with the Vox Service or any advertiser's content, in whole or in part.
13.2 Six Apart does not want to receive confidential or proprietary information from you through the Vox Service or by email. Unless otherwise agreed in writing by an authorized Six Apart representative, any material, information or idea you transmit to Six Apart by any means may be disseminated or used by Six Apart or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to content or to your personal information that is subject to the Six Apart Privacy Policy.
DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE VOX SERVICE IS AT YOUR SOLE RISK. THE VOX SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SIX APART WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE VOX SERVICE, HOWEVER, SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE VOX SERVICE, OR OTHER INTERACTION WITH THE VOX SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE VOX SERVICE. SIX APART DOES NOT WARRANT THAT (i) THE VOX SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE VOX SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VOX SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VOX SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE VOX SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VOX SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE VOX SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE VOX SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE VOX SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE VOX SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE VOX SERVICE.
EXCLUSIONS AND LIMITATIONS
16.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
GENERAL
18.1 Notices to you may be made via either email or regular mail. Six Apart may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Vox Service.
18.2 This TOS and the relationship between you and Six Apart will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Apart agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California with regard to all disputes arising in any manner from the Vox Service, Six Apart's Web properties through which the Vox Service is available or this TOS.
18.3 The failure of Six Apart to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. This TOS constitutes the entire agreement between you and Six Apart and governs your use of the Vox Service, superseding any prior agreements between you and Six Apart (including, but not limited to, any prior versions of this TOS). If any provision of this TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS will remain in full force and effect.
18.4 You also may be subject to additional terms and conditions that may apply when you use affiliated or other Six Apart services, third-party content or third-party software.
18.5 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Vox Service, Six Apart's Web properties through which the Vox Service is available or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.6 The section titles in this TOS are for convenience only and have no legal or contractual effect.
17.1 If you are an agency of the United States Government, the Vox Service is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that the Vox Service is a trade secret and proprietary commercial product and not subject to disclosure.
Last updated: December 14, 2009
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