Terms and Conditions of Use
The following rules ("Terms and Conditions") govern the use of the Web sites located at URL www.VoiceCardsInc.com and www.VoiceCards.com; and the products or services offered on the site; and the ability to order products; and links. By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by VoiceCards, Inc. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites.
VoiceCards, Inc. is a California corporation and holds all patent rights on the VoiceCards® system. The VoiceCards, Inc. system includes, but is not limited to: Recorder/Imprinter units; Voice Modules that are inserted into various types of cards and ornaments that contain circuitry with memory for recording and playback; Cards that are specially designed to hold a Voice Module and have various applications appropriate for the gift industry and businesses; and, software for downloading and uploading from the Recorder/Imprinter to a Personal Computer (PC) that facilitates the transmitting of customer information, a voice file and customer identification to/from other locations via the Internet; and Web applications and software allowing VoiceCards® greeting cards and ornaments to be created from a personal computer. [Patent Nos. 6,718,013 & 7,203,287 B2]
By purchasing the VoiceCards® system, the purchaser agrees to respect and abide by governing United States and foreign countries patent laws. Purchaser/user of the VoiceCards system understands that violation or compromise of the patents, including unauthorized copying of software, is a violation of U. S. and foreign country’s patent laws, which is a crime punishable by fines and imprisonment.
VoiceCards, Inc. and/or its vendors do not assume any responsibility or liability for the voice messages recorded using the VoiceCards® system. Buy purchasing and using the System, both the purchase/vendor and VoiceCards, Inc. (hereinafter referred to a “the Parties” or “Party”) agrees to release, protect, indemnify, and hold each other, their parent companies, subsidiary and/or affiliated companies, and their respective employees, officers, directors, or agents thereof, free and harmless from and against any and all claims of damage to or loss of property, injury, illness, or death arising our of or in connection with the products/software/electronic components, irrespective of whether any indemnitee hereunder may be alleged or proven to have been negligent (including but not limited to active, passive, sole, joint, concurrent, comparative, contractual and gross negligence), or otherwise legally liable (with or without fault or whether strictly liable or in breach of any warranty), and except in jurisdictions where prohibited, without limitation by reason of any insurance maintained by either Party. The Parties agree that should any court of competent jurisdiction determine that the indemnity required herein exceeds, in extent, scope, or amount, that which is permitted by applicable law, such indemnity shall be construed, interpreted, and enforced so as to preserve the maximum indemnity which is permitted thereby.
The Parties agree that the prevailing Party from any dispute and/or litigation evolving from breaches of agreements will be responsible for paying legal costs, including reasonable attorney fees.
Copyrights and Trademarks
Our Site is owned and operated by VoiceCards, Inc. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of VoiceCards, Inc. copyrighted © 2001 with all rights reserved. All audio clips and/or videos are the sole property of VoiceCards, Inc. or our respective content providers. The content and software on our Site is the property of VoiceCards, Inc. and/or its suppliers and is protected by U.S. and International copyright laws. The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights from same. You may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at info@VoiceCardsInc.com.
Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Orange and Los Angeles Counties, California. We make no representations that the content, services or products listed on our Site is appropriate for access or available outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold VoiceCards, Inc., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.
Disclaimer and Limitation of Liability for Products Sold
Except as expressly stated herein, we make no representations or warrantees, either express or implied, of any kind with respect to products sold on our site. Excepts as expressly state herein, we disclaim all warranties, expressed or implied, of any kind with respect to products or services sold on our Site, including but not limited to the merchantability and fitness for a particular purpose. VoiceCards, Inc. does guarantee that any defective materials will be replaced after being returned. You agree that in no event will VoiceCards, Inc., it’s directors, officers, employees, vendors, or other representatives be liable for special, indirect, consequential, or punitive damages related to products or services sold.
Disclaimer and Limitation of Liability for Our Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on our Site may be out of date or include omissions, inaccuracies or other errors. Our Site and the materials therein are provided “as is” and “as available.” We do not promise that our side or any services offered on our site will be error free or uninterrupted, or that the use of our site or any content, search or link on it will provide any specific results. We make not representations or warranties, either expresses or implied, of any kind with respect to our side, its operations, contents, information or materials. We expressly disclaim all warranties, expressed or implied, of any kind with respect to our site or its use, including but not limited to merchantability and fitness for a particular purpose.
You agree that VoiceCards, Inc., it’s directors, officers, employees, vendors or other representatives shall not be liable for damages arising from the operation, content or use of our site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, our Site or any other hyper-linked Web site.