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Terms of Use

 

Welcome to www.voniz.com, part of the Voniz Platform, comprising social and professional networking forums, which is owned and operated by Voniz, Inc. and its affiliates (hereinafter Voniz).  The Voniz Platform consists of web sites, services, software, applications, systems, and networks that allow for the authorized upload, download, sharing, and/or distribution of informative, personal, professional, and entertaining images, text, video, communications and other Content over the internet and mobile devices.  Content refers to any and all activity conducted by visitors or subscribers in, on, or relating to the Voniz Platform.  Content can include but is not limited to, SMS, APIs, email notifications, applications, buttons, and widgets, and any information, text, graphics, photos, screen names, profiles, audio and video clips, job postings, documents, sales offers, commercial data, or other materials uploaded, downloaded or appearing on the Voniz Platform, including all mobile versions of the above.

 

These Terms of Use ("Terms") govern your access to and use of the Voniz Platform and you must read them thoroughly.  This applies to all facets of our platform, including the social, professional, and business forums.  Your access to and use of the Voniz Platform are conditioned on your acceptance of and compliance with these Terms.  The terms "You", "Your", "User", or "Users" apply to Registered Account Holders specifically, and they apply generally to anyone accessing the Voniz Platform for any reason.

 

You are responsible for your use of the Voniz Platform, for any Content you post or view, and for any consequences thereof.  Voniz does not guarantee or represent that all users will achieve identical benefits from using the Voniz Platform.  Although we encourage Users to seek personal and professional success, we do not promise that any particular User will obtain such benefits.  And, we want you to understand that the Content you submit, post, or display will be able to be viewed by other users of the Voniz Platform and through third party services and websites, so You should only provide Content that you are comfortable sharing with others under these Terms and to which you have legal rights to publish.  You must avoid posting illegal, sexually suggestive, offensive and/or inappropriate content, and you may not post content to which you do not possess copyright ownership.  It is your responsibility to be aware of and adhere to the laws that apply to you and your activity online.

 

Advertisers may not collect User information from our website.  No one may use any of the Content posted by our Users for solicitation purposes.  See item #9 Prohibited Conduct, below and our Privacy Policy for details.

 

This Notice of Policies and Terms of Use Comprises the Following Sections:

1. You Accept This User Agreement

2. Eligibility: You are at least 16 years old

3. Privacy; Additional Terms

4. Individual Features, Services, and Responsibilities

5. Modification of these Terms

6. Intellectual Property and Copyright Policy

7. Platform License Grant

7.1 License Grant to Upload

7.2 License Grant to Download

7.3 Reservation of Rights

7.4 Prevention of Unauthorized Use

8.    User Content License Grant; Your Representations and Warranties

8.1 Retention of Ownership

8.2 License Grant to Voniz

8.3 License Grant to other Voniz users

8.4 User Content Representations and Warranties

8.5 User Content Disclaimer

9.    Prohibited Conduct

10. Accounts, Passwords, and Security

11. Third-Party Sites, Products and Services; Links

12. Termination, Content Deletion, and Terms of Use Violations

13. Ownership; Proprietary Rights

14. Indemnification

15. Disclaimers; No Warranties

16. Limitation of Liability and Damages

17. Export Controls

18. Miscellaneous

a)    Notice

b)    Waiver

c)    Governing Law and Jurisdiction

d)    Severability

e)    Assignment

f)    Survival

g)    Headings

h)    Entire Agreement

i)     Claims

 

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE.  BY USING THE VONIZ PLATFORM IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE VONIZ PLATFORM.

 

 

1.  You Accept This User Agreement

These Voniz Terms of Use comprise a user agreement ("User Agreement" or "Agreement") that is a contract between you and Voniz, Inc.  You may not use any features on the Voniz Platform unless you consent to this agreement.  This agreement, including any amendments or updates made by Voniz hereto, will remain in force until you have discontinued all use of the Voniz Platform.  Please note that Voniz reserves the right to close, suspend, or limit your access to your Account or the services provided to You at any time without prior notice or in response to Your engaging in activities which are in contravention of this User Agreement and its associated policies incorporated by reference, which include our Privacy Policy.

 

2. Eligibility: You are at least 16 years old.

Voniz offers the Voniz Platform to its Users and shall have absolute discretion as to whether or not a particular User is allowed to visit or participate in the Voniz platform at any time regardless of past conduct.  The Voniz Platform is available only to individuals or entities that are competent to form legally binding contracts under the laws applicable to each User.  Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us WITHOUT UNNECESSARY DELAY.

 

The Voniz Platform is not available to persons under the age of 16 or to any users previously suspended or removed from the Voniz Platform.  We expect our Users to represent themselves with honesty and integrity in every regard, including representations of age as well as other personal attributes such as qualifications and professional experience.  Any intentional misrepresentation by any User is A VIOLATION OF THIS AGREEMENT AND IS grounds for suspension, termination, and disqualification from the Voniz Platform.  

 

If you are using or opening an account on the Voniz Platform on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. 

 

BY DOWNLOADING, INSTALLING, REGISTERING, OR OTHERWISE USING THE VONIZ PLATFORM, YOU REPRESENT THAT you meet ALL eligibility requirements.  By using the Voniz Platform You are WARRANTING that you are 16 years OF AGE OR OLDER, and THAT YOU ARE COMPETENT TO ENGAGE IN WHATEVER CONDUCT YOU UNDERTAKE ON THE VONIZ PLATFORM.

 

3. Privacy; Additional Terms.

Your privacy is important to Voniz.  Voniz's Privacy Policy is hereby incorporated into these Terms by reference.   Please read the Policy carefully for information relating to Voniz's collection, use, and disclosure of Your personal information.

 

Users who utilize Vonizs Developer Platform or any of Vonizs APIs are bound by the API terms of service of each respective API contributor, such as Facebook.  The Voniz API Terms are hereby incorporated into these Terms by reference.  You also agree that Voniz  may retain your Personal Information and related account information for a reasonable time after your Use of the Voniz Platform has been terminated.

 

4. Individual Features, Services, and Responsibilities.

a)    Terms Inclusive. When using the Voniz Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines").  All such Guidelines are hereby incorporated by reference into these Terms.

b)    Customer Support. Voniz may, in its sole discretion, provide customer support or service to you, but shall not be obligated to undertake extraordinary measures to resolve any User issues such as disputes among parties or technical problems on the Voniz Platform.

c)    Lawful Diligence.  You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you and your activity on the Voniz Platform, including intellectual property laws and laws respecting the privacy and safety of others. 

d)    Accountability. You are fully responsible for all activities that occur under your account and any other actions connected with your posted Content, including comments you make on a blog or Utter, files or materials you upload to the Voniz Platform, and any legal harms caused by your conduct.  You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.  Voniz may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause harm or liability from any part of a User's account or Content.

 

e)    Discretion.  Because user identification on the Internet is difficult, Voniz cannot and does not confirm the actual identity of any User.  It is a violation of our Terms to post intentionally deceptive information but we cannot fully prevent such information from being presented.  Therefore you agree to confirm and validate any information you obtain from the Voniz Platform through other communications means before relying upon it for personal or financial decisions.

f)    Reasonable Expectations. WE DO NOT GUARANTEE ANY FINANCIAL GAINS OR OTHER PERSONAL OR PROFESSIONAL OUTCOMES FOR ANY USER OF THE VONIZ PLATFORM.  VONIZ IS PRIMARILY A FORUM FOR NETWORKING AND DOES NOT PROMOTE OR FACILITATE THE PERSONAL OR PROFESSIONAL INTERESTS OF ANY USERS UNLESS EXPRESSLY STATED BY VONIZ.  ALL CONTENT REMAINS THE PROPERTY AND RESPONSIBILITY OF THE USER WHO POSTED, UPLOADED, OR STORED IT ON THE VONIZ PLATFORM.

 

5. Modification of these Terms.

Voniz reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.   Please check these Terms and any Guidelines periodically for changes.  Your continued use of the Voniz Platform after the posting of changes constitutes Your binding acceptance of such changes.

 

6. Intellectual Property and Copyright Policy.

Voniz respects the intellectual property rights of others and expects users of the Services to do the same.  We will respond to notices of alleged copyright infringement, invasion of privacy, or similar infringing of rights, that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement or other illicit use, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed or other problem; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

We reserve the right to remove Content alleged to be infringing or illicit without prior notice, at our sole discretion, and without liability to you.  In appropriate circumstances, Voniz will also terminate a user's account if the user is determined to be a repeat infringer or violator.  Our designated copyright agent for notice of alleged copyright infringement appearing on the Voniz Platform is:

 

Voniz, Inc.

Attn: Copyright Agent

 

Voniz, Inc ( Head Quaters )

Enter Your mailing Address

9, Chetan Society

Akota Vadodara 390020

Gujarat, India

copyright@Voniz.com

 

Any person who knowingly materially misrepresents copyright or legal rights information may be subject to liability. YOU MAY BE LIABLE FOR MAKING FALSE CLAIMS. 

 

7. Voniz Platform License Grant.

7.1 License Grant to Upload.

Subject to Your compliance with Voniz's Policies and these Terms, Voniz hereby grants to You a personal, limited, non-exclusive, non-transferable, revocable license to use the Voniz Platform for the uploading and distributing of authorized Content.  

 

User Content is uploaded at Your own risk.  Notwithstanding anything to the contrary herein, Voniz does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Voniz be liable for any unauthorized copying or usage of the User Content.

 

7.2 License Grant to Download.

Subject to Your compliance with the terms and conditions set out in these Terms, Voniz hereby grants to You a limited, non-exclusive, non-transferable, revocable license to view, download (including, without limitation, download to a portable device), print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed.

 

7.3 Reservation of Rights.

Voniz reserves all rights not expressly granted in these Terms.

 

7.4 Prevention of Unauthorized Use.

Voniz reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Voniz Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

 

8. User Content License Grant; Your Representations and Warranties.

8.1 Retention of Ownership.

Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.

 

8.2 License Grant to Voniz.

Unless otherwise agreed to in a separate written agreement between You and Voniz that was signed by an authorized representative of Voniz:

a)  By distributing or disseminating Content through the Voniz Platform, You hereby grant to Voniz a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your Content, in any media formats and through any media channels, solely in order to publish and promote such Content in connection with services offered or to be offered by Voniz.  Such license will apply to any form, media, or technology now known or hereafter developed.

b)  The licenses granted to You terminate as to Content once You remove or delete such Content from the Voniz Platform.  Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by Voniz with respect to Your Content prior to Your removal of such Content from the Voniz Platform shall survive any termination or expiration of the license granted, particularly the license granted in Section 7.2(a) above. 

c) By uploading Content, You hereby warrant that Your Content is free of any digital rights management AND IS NOT INFRINGING ANY INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

d) By uploading Content, You hereby warrant that Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

 

8.3 License Grant to other Voniz users.

By posting, uploading, or disseminating Content through the Voniz Platform, You hereby grant to each User that is authorized to access Your Content a non-exclusive license to access and use Your Content.  Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), reproduce, print and have printed such Content for personal use in the manner contemplated by these Terms and the Voniz Platform.  The foregoing license granted by You terminates as to a specific piece of Content once You remove or delete such Content from the Voniz Platform provided, however, that rights to such Content arising out of distributions or agreements occurring on or prior to deletion of such Content from the Voniz Platform survive any termination or expiration of the license granted in this section 7.3.

 

8.4 User Content Representations and Warranties.

You are solely responsible for Your Content and the consequences of posting or publishing them.  By uploading and publishing Your Content, You affirm, represent, and warrant that:

a)  You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Voniz and Vonizís Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Voniz and these Terms;

b)  Your Content does not and will not slander, defame, or libel any other person;

c)  The use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and

d)  Your Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Violators of these third-party rights may be subject to criminal and civil liability.  Voniz reserves all rights and remedies against any Users who violate these Terms.  Voniz may take independent action against violators with regard to their access and use of the Voniz platform, including any disciplinary actions mentioned in this Notice and including suspension, seizure, and elimination of Your Account.

 

8.5 User Content Disclaimer.

You understand that when using the Voniz Platform You will be exposed to Content from a variety of sources, and that Voniz is not responsible for the accuracy, legality, offensiveness, usefulness, or intellectual property rights of or relating to such Content.  You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Voniz with respect thereto.  Voniz does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Voniz expressly disclaims any and all liability in connection with User Content.  If notified by a User or a content owner of Content that allegedly does not conform to these Terms, Voniz may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice. 

 

Any contracts and transactions, including the offer and acceptance of employment opportunities, that You negotiate or conclude using the Voniz Platform are expressly between You and the other party and not Voniz.  Voniz is not a party to any contracts or transactions offered or accepted by Users, does not approve of any of offers or terms thereupon, and will not be responsible for any losses or misrepresentations associated with them.  You hereby acknowledge and agree that you will use the Voniz Platform with discretion and at your own risk.

 

 

9. Prohibited Conduct.

BY USING THE VONIZ PLATFORM YOU AGREE NOT TO:

a)    use the Voniz Platform for any purposes other than to disseminate or receive original or appropriately licensed content;

b)    post, upload, or distribute any Content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, defamatory, libelous, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

c)    impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Voniz Platform accounts of others without permission, forge another persons digital signature, misrepresent the source, identity, or content of information transmitted via the Voniz Platform, or perform any other fraudulent activity;

d)    harass other Users or induce them into illicit or unethical activity;

e)    delete the copyright or other proprietary rights on the Voniz Platform or User Content;

f)    make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Voniz Platform; This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

g)    use the Voniz Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

h)    defame, harass, abuse, threaten or defraud Users of the Voniz Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;

i)     use the Voniz Platform if You are under the age of thirteen (16) years old;

j)     remove, circumvent, disable, damage or otherwise interfere with security-related features of the Voniz Platform, features that prevent or restrict use or copying of any content accessible through the Voniz Platform, or features that enforce limitations on the use of the Voniz Platform or Content;

k)    reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Voniz Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

l)     modify, adapt, translate or create derivative works based upon the Voniz Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

m)  intentionally interfere with or damage operation of the Voniz Platform or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

n)    relay email from a third party's mail servers without the permission of that third party;

o)    use any robot, spider, scraper, or other automated means to access the Voniz Platform for any purpose or bypass any measures Voniz may use to prevent or restrict access to the Voniz Platform;

p)    interfere with or disrupt the Voniz Platform or servers or networks connected to the Voniz Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Voniz Platform; and

q)    post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that in Voniz's sole opinion detracts from the Voniz experience.

 

10. Accounts, Passwords, and Security.

When You use the Voniz Platform to upload and/or download, post, share, or disseminate content on the Voniz Platform, You may be asked to provide a password.  You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.  You agree that the information You provide to Voniz on registration and at all other times will be true, accurate, current, and complete.  You also agree that You will ensure that this information is kept accurate and up-to-date at all times.  If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any other personally identifiable information, if applicable), then You agree to immediately notify Voniz.  You may be liable for the losses incurred by Voniz or others due to any unauthorized use of Your Voniz Platform account.

 

11. Third-Party Sites, Products, and Services; Links.

The Voniz Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites").  Unless otherwise expressly stated by Voniz, Voniz does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Voniz Platform are solely between You and such advertiser.  Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

Voniz content includes commercial and business information posted by Users.  Unless otherwise expressly stated by Voniz, Voniz does not endorse any User content nor warrant its accuracy.  Voniz does not investigate User content to verify claims made therein, but is merely a platform where Users can freely post ideas and information.  Users are responsible for confirming the legality and accuracy of any content upon which they rely for making any decisions.  Voniz is not responsible for misprints, errors or omissions in any Content including advertising and promotional materials provided by Voniz and/or provided on the Voniz Platform. 

 

12. Termination, Content Deletion, and Terms of Use Violations.

a)    Voniz: You agree that Voniz, in its sole discretion, for any or no reason, and without penalty, may terminate any User Account (or any part thereof), including any Account and stored files that You may have with Voniz, and may terminate Your use of the Voniz Platform and remove and discard all or any part of Your Account, User profile, and any User Content, at any time.  For example, Voniz may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.  You agree that any termination or disruption of Your access to the Voniz Platform and any Accounts You may have established thereon, or portion thereof, may be affected without prior notice, and You agree that Voniz will not be liable to You or any third party for any such termination or disruption.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Voniz may have at law or in equity.

 

b)  You/Users: Your only remedy with respect to any dissatisfaction with (i) the Voniz Platform, (ii) any term of these Terms, (iii) any policy or practice of Voniz in operating the Voniz Platform, or (iv) any content or information transmitted through the Voniz Platform, is to terminate these Terms and Your account.  You may terminate these Terms at any time by discontinuing your use of the Voniz Platform entirely.

 

c)  Content: Subject to Sections 7 and 8 above, upon termination of these Terms by You or Voniz, Voniz may discontinue prospective hosting and distribution of Your User Content.

 

Although the Voniz Platform and its component Services and Content are normally available, there will be occasions of interruption, such as for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Voniz.  Also, although Voniz will normally only delete Content that violates this Agreement, Voniz reserves the right to delete any Content for any reason, without prior notice.  Deleted content may be stored by Voniz in order to comply with certain legal obligations and is not retrievable without a valid court order.  Consequently, Voniz encourages you to maintain your own backup of your Content.  In other words, Voniz is not a backup service.  Voniz may provide file storage services as a convenience, such as through our V-Drive feature, but Voniz makes no representations or warranties regarding the security or integrity of your data beyond the level of security applied to our other features.  Voniz makes reasonable efforts to protect stored data but does not claim to perform as a specialist in data storage services.  Voniz will not be liable to you for any modification, suspension, or discontinuation of any element or aspect of the Voniz Platform, or the loss or theft of any User's Content. 

 

13. Ownership; Proprietary Rights.

The Voniz Platform is owned and operated by Voniz, Inc.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Voniz Platform are protected by India and International copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except as expressly authorized by Voniz, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Voniz Platform, where said materials include not only the intellectual property of Voniz such as our logos, trade dress, trade name, and business methods but also the intellectual property in the Content posted, uploaded and/or stored by our Users.

 

14. Indemnification.

You agree to indemnify, save, and hold harmless Voniz, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Voniz Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.  Voniz reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Voniz, and You agree to cooperate with Voniz's defense of these claims.  Voniz will use reasonable efforts to notify You of any such claim, action, or proceeding within a reasonable time after becoming aware of it.

 

15. Disclaimers; No Warranties.

a)  No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VONIZ, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VONIZ OR THROUGH THE VONIZ PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 15, THE TERM VONIZ INCLUDES VONIZ'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

 

b)  "As is" and "As available" and "With All Faults".  YOU EXPRESSLY AGREE THAT USE OF THE VONIZ PLATFORM IS AT YOUR SOLE RISK.  THE VONIZ PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE VONIZ PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

 

c)  Platform Operation and User Content.  VONIZ, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE VONIZ PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, ACCOUNT HISTORY, IMAGES, CONTACTS, OR OTHER CONTENT THAT MAY RESULT IF YOUR ACCOUNT IS CLOSED, YOUR STORED INFORMATION ERASED FROM THE VONIZ PLATFORM, OR YOUR ACCESS THERETO IS DISRUPTED IN ANY WAY.  VONIZ DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. VONIZ WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY USER OR THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

 

d)  Accuracy.  VONIZ, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VONIZ PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Voniz does not have the resources to nor does it undertake any obligation to control, research, verify, validate, or approve the content that is received FROM USERS AND THIRD PARTIES.  

 

Use of links to this content AND THESE SERVICES is at the User's own risk.  No warranty is made that the information is accurate or reliable; Voniz and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

 

Some of the content provided ON THE VONIZ PLATFORM may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature.  This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s), SUCH AS A LICENSED PHYSICIAN OR ATTORNEY.  All of the information IN CONTENT ON THE VONIZ PLATFORM should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

 

THE VONIZ PLATFORM IS dynamic AND time-sensitive. the information AND SERVICES on THE VONIZ PLATFORM will be changed PERIODICALLY. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Voniz or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

 

e)  Harm to Your Computer.  YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE VONIZ PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA OR OF THE VONIZ PLATFORM IN GENERAL.

 

f)   Uploaded Content.  THE SECURITY MEASURES USED TO PROTECT USER CONTENT STORED ON THE VONIZ PLATFORM WHICH ARE IMPLEMENTED BY VONIZ ARE USED BY YOU IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.  THE SAME "AS-IS" CONDITIONS SO APPLIED TO SAID SECURITY MEASURES SHALL ALSO APPLY TO THE RELIABILITY OF THE HARDWARE AND SOFTWARE IMPLEMENTED BY VONIZ WHEN PROVIDING THE VONIZ PLATFORM.

 

16. Limitation of Liability and Damages.

a)  Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL VONIZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE VONIZ PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH VONIZ, EVEN IF VONIZ OR A VONIZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

b)  Limitation of Damages.  IN NO EVENT WILL THE TOTAL LIABILITY OF VONIZ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE VONIZ PLATFORM OR YOUR INTERACTION WITH OTHER VONIZ PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE VONIZ PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

c)  Reference Sites.  THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN VONIZ AND RECEIVED THROUGH OR ADVERTISED ON THE VONIZ PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.

 

Voniz provides unmonitored access to AND may contain links to  third-party content. Voniz is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal ISSUE.  Voniz does not control nor always review the web sites LINKED TO from the Voniz PLATFORM. Voniz therefore cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

 

d)  Basis of the Bargain.  YOU ACKNOWLEDGE AND AGREE THAT VONIZ HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VONIZ, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VONIZ. VONIZ WOULD NOT BE ABLE TO PROVIDE THE VONIZ PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

e)  Bar to action.  Voniz may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Voniz for any matter arising out of any transaction or otherwise in respect of this User Agreement.

 

f)    Limitations by Applicable Law.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

17. Export Controls.

You shall comply with all export control laws, regulations, and restrictions of India and any sovereign agency or authority applicable to you, regarding the export, reexport, transfer, release and/or access of items subject to control, including but not limited to technical data, technical assistance, technology, software, source code, or any direct product.  This includes, but is not limited to, obtaining all required licenses and authorizations from the appropriate Government agencies.  It is your responsibility to ensure that you comply with these laws and do not post any item on the Voniz Platform that is not authorized for public release under the applicable laws, regulations and restrictions.

 

18. Miscellaneous

a)    Notice. Voniz may provide You with notices, including those regarding changes to Voniz's terms and conditions, by email, regular mail, or postings on the Voniz Platform.  Notice will be deemed given twenty-four hours after email is sent, unless Voniz is notified that the email address is invalid.  Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Voniz Platform.  In such case, notice will be deemed given three days after the date of mailing.  Notice posted on the Voniz Platform is deemed effective immediately.

 

b)    Waiver. The failure of Voniz to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Voniz.

 

c)    Governing Law and Jurisdiction.  These Terms will be governed by and construed in accordance with the laws of Gujarat, India.  The India courts shall have non-exclusive jurisdiction in respect of any matter relating to the Site and your use of the Voniz Platform.

 

d)    Severability.  If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

e)    Assignment.  These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Voniz without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

 

f)    Survival.  Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

 

g)    Headings.  The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

h)    Entire Agreement. These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Voniz relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Voniz.

 

i)     Claims.  You agree that any cause of action arising out of or related to the Voniz Platform or the Use of the Voniz Platform must commence within one (1) year after the cause of action accrues, or such cause of action shall be permanently barred.  Notwithstanding the foregoing, You agree to reimburse Voniz for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Voniz.

 

 

Voniz may be contacted at these addresses:

 

Voniz, Inc ( Head Quaters )

Enter Your mailing Address

9, Chetan Society

Akota Vadodara 390020

Gujarat, India

 

If you have any questions about these Terms, please contact us.

 

These Terms of Use were last modified on January 12, 2013.