Terms of Use
TERMS OF USE
ACCEPTANCE OF TERMS
These are the terms and conditions ("User Agreement") governing your use of the Website www.voicetap.in (hereinafter referred to as "the Website") and the services provides to you by VOICETAP. These terms and conditions constitute your binding obligations towards Expert Voicetap Technologies Private Limited (hereinafter referred to as ‘VOICETAP’, ‘www.voicetap.in’, ‘we’, ‘us’ or ‘our’). The most current version of the User Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
Amendments: We reserve the right at any time without notice to revise, modify, alter or update the User Agreement. We encourage you to revisit the User Agreement periodically to ensure that you are at all times fully aware of the User Agreement. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all amended versions of User Agreement.
By submitting/providing any information to VOICETAP:
DESCRIPTION OF SERVICES
Through its network of Web properties, VOICETAP provides you with access to a variety of resources, including credentials, communication forums and any information provided on the Website or over telephone (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the User Agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services provided by VOICETAP are for your personal and non-commercial use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
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NOTICE SPECIFIC TO DATA (DOCUMENTS, IMAGES, VIDEO, AUDIO) AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, case studies and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use of Documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
Documents specified above do not include the design or layout of the VOICETAP in Website or any other VOICETAP owned, operated, licensed or controlled site. Elements of VOICETAP Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from VOICETAP Website may be copied or retransmitted unless expressly permitted by VOICETAP.
WHILE VOICETAP AND/OR ITS PARTNERS/EXPERTS WILL MAKE EVERY ENDEAVOR TO ENSURE THAT THE CONTENT ON THE WEBSITE DOES NOT HARM ANY RELIGIOUS, SOCIAL OR CULTURAL SECTS, VOICETAP AND/OR ITS PARTNERS/EXPERTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE WEBSITE DATA AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. VOICETAP AND/OR ITS RESPECTIVE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VOICETAP AND/OR ITS PARTNERS/EXPERTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DATA PUBLISHED ON THE VOICETAP WEBSITE AND SERVICES PROVIDED BY VOICETAP COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VOICETAP AND/OR ITS PARTNERS/EXPERTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. HOWEVER, VOICETAP SHALL HAVE NO LIABILITY OR RESOSIBILITY WHOTSOEVER, FOR ANY SUCH INACCURACIES OR ERRORS MENTIONED HEREINABOVE.
NOTICES REGARDING DATA AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL VOICETAP AND/OR ITS PARTNERS/EXPERTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
THE SERVICES AND INFORMATION PROVIDED BY VOICETAP ON THE WEBSITE ARE PROVIDED ON "AS AVAILABLE" BASIS. VOICETAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEB SITE. YOU AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VOICETAP DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VOICETAP DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM VOICETAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOICETAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VOICETAP immediately of any unauthorized use of your account or any other breach of security. VOICETAP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VOICETAP or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. VOICETAP has the right to indefinitely suspend or terminate your account and refuse to provide you with access to the Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any other purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any VOICETAP server, or the network(s) connected to any VOICETAP server, or interfere with any other party's use and enjoyment of any of the Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any VOICETAP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (individually as "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
WHILE VOICETAP WILL MONITOR THE COMMUNICATION SERVICES, IT IS IN NO OBLIGATION TO DO SO. VOICETAP reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
VOICETAP reserves the right at all times to disclose any information as VOICETAP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VOICETAP's sole discretion.
You should always use caution while giving out any personally identifiable information about yourself or your children in any Communication Services. VOICETAP does not control or endorse the content, messages or information found in any Communication Services and, therefore, VOICETAP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized VOICETAP spokespersons, and their views do not necessarily reflect those of VOICETAP.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials from the Website.
MATERIALS PROVIDED TO VOICETAP OR POSTED AT VOICETAP WEBSITE
Voicetap reserves the right to use and reuse any material that is provided to Voicetap in relation to any call or event held using the Voicetap platform. By posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting VOICETAP, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all VOICETAP Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
Unless specifically agreed to, no compensation will be paid with respect to the use of your Submission, as provided herein. VOICETAP is under no obligation to post or use any Submission you may provide and VOICETAP may remove any Submission at its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by participation in the content creation for Voicetap, in the form of images, photographs, audio files, video files or pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) You are willingly providing the content, and that the content does not infringe on any previous copyright held by any other individual / institution and is consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. Unless expressly agreed, no compensation will be paid with respect to the use of your Images.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VOICETAP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF VOICETAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VOICETAP FOR THE SERVICE. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT VOICETAP IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
INDEMNITY
You shall indemnify and hold harmless VOICETAP and (as applicable) from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
ARBITRATION
If any dispute arises between you and VOICETAP during your use of the Website in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by VOICETAP. The place of arbitration shall be New Delhi.The Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
GOVERNING LAW
These Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
RELATIONSHIP, NOTICE AND SEVERABILITY
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and VOICETAP and you shall have no authority to bind VOICETAP in any manner whatsoever.
Except as explicitly stated otherwise, all notices addressed to VOICETAP shall be sent by postal mail to VOICETAP Attn: Legal Department, _____________ and all notices to you shall be sent to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE VOICETAP'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VOICETAP AND VOICETAP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VOICETAP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. VOICETAP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VOICETAP OF THE SITE.
COPYRIGHT NOTICE & FAQ
© 2009 VOICETAP Technologies. All rights reserved.
The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.
What is copyright?
Copyright law protects original works, such as websites, books, music, paintings, photos and video. A work is “original” if it contains some elements you created and did not borrow from others. Typically, when you create an original work, you own the copyright. As the copyright owner, you can control how others use your work. For example, if you write a movie script, you have the right to, and can prevent others from, copying your script, sharing it with others (“distributing it”), making a movie or book from your script (a “derivative work”), or publicly performing your script as a play or movie. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio.
If you use someone else’s copyrighted materials without permission, that use generally violates the copyright owner's exclusive rights, and is copyright infringement. So if you create a new work and include parts of other people’s works in it (such as an existing photo, lengthy quotes from a book or a loop from a song), you must own or have permission to use the elements you borrow. For example, if your script is based on an existing popular series, you should obtain permission to use the elements you borrow from the series.
Copyright law is different from the law of personal property. If you buy a physical object, such as a movie on DVD, you own the physical object. You do not, however, obtain ownership of the “copyrights” (the rights to make copies, distribute, make derivatives and publicly perform or display) in the content of the movie. The fact that you have obtained physical possession of a DVD does not automatically grant you the right to copy or share it.
If you make your own movie, it may include many copyrighted works in it. So, if you decide to make a movie based on your script, you must either create all elements of it on your own, or have permission to use the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls of your sets and music on the soundtrack (even if you own the CD or MP3) may be copyrighted. You should not include copyrighted works such as these in your movie without authorization.
A few other things to keep in mind are:
Isn't it in the public domain?
Just because a work is freely available, does not mean it is in the “public domain.” Copyright is for a limited term; it does not last forever. In the copyright context, “public domain” means the copyright term has expired. Once a work is in the public domain, it may be freely used without permission from the copyright owner.
Determining the term of copyright can be complex, particularly because copyright laws vary from country to country. Also, even if the copyright on a work has expired, you should be careful about how you use a public domain work. For example, a book may be in the public domain, but it might not be ok to scan the book cover to cover and post it on the internet. This is because the particular version of the book may contain new copyrightable material that is not in the public domain, such as cover art or footnotes.
What about fair use?
In limited situations, you can use copyrighted works without permission from the copyright holder. It can be difficult to figure out whether use of copyrighted works without permission is legal, though, because the laws in this area are often vague and vary from country to country. The copyright law in the United States has a doctrine called “fair use”. Fair use provides a defense to copyright infringement in some circumstances. For example, fair use allows documentary filmmakers to use very short clips of copyrighted movies, music and news footage without permission from the copyright owner. Fair use is a difficult concept because determining whether something is a fair use involves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cut answer.
Rather than applying a fair use test, many other countries have specific exceptions to copyright infringement. The number and type of exceptions vary by country, but they frequently allow copyrighted materials to be used without permission from the copyright holder for activities such as nonprofit research, teaching, news reporting, or private study.
If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement, you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyer if you have questions regarding fair uses of copyrighted works.
What happens if you upload copyrighted materials to one of our websites without permission?
By law, we are required to take down videos, music, photographs or other content you upload onto a website hosted by VOICETAP if we learn that it infringes someone else’s copyright. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people’s copyrights.
What if my stuff is on a VOICETAP website without my permission?
If you believe that anything on a website hosted by VOICETAP infringes your copyright, let us know. No claim or shall be maintainable with respect to any such infringements, unless the same has been first notified to VOICETAP within a reasonable time.
