Who Can Use TOI’s Website, Product, or Services
You may use TOI´s Voiceable Website, App, and/or other products and services if you are over the age of 13 and are not barred from receiving services under applicable law.
Creation of a Registered Account
Full use of the Website and use of the App and/or other products and services requires that you create a registered account (“Your Account”). You are responsible for all activity that occurs in association with Your Account. The company is not liable for any loss or damages caused by your failure to maintain the confidentiality of Your Account credentials.
Accounts, Passwords, and Security
You are entirely responsible for maintaining the confidentiality of the information you hold for Your Account, including the password, and for any and all activity that occurs under Your Account as a result of your failing to keep this information secure and confidential. You agree to notify the company immediately of any unauthorized use of Your Account. You may not use another registered user’s Voiceable account or password at any time without that express permission of that registered user.
Full use of the Website and use of the App and/or other products and services is dependent upon your use of a computer with adequate software and/or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the website, App, and/or other products and services, and it is your responsibility to ensure the equipment’s functionality.
Posting Your Voice and Speech Recordings to Your Voiceable Account
You may record your voice and speech content (“Your Content”) with the App and post Your Content to Your Account. You retain rights to Your Content that you record with the App and post to Your Account. By making Your Content available on or through the Website, App, and/or other products and services—including Your Account—you grant to TOI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify Your Content only in connection with operating and providing the Website, App, and/or other products and services. You are responsible for managing any data stored on the App and Your Account.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use of Your Content on the Website, App, and/or other products and services will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
“Company Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to you through the Website, App, and/or other products and services. Except for Your Content, Company Content, Website, App, and/or other products and services and the underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the European Union, the European Free Trade Organization (“EEA”) and foreign countries. You agree not to remove, change, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Company Content, Website, App, and/or other products and services.
Acceptable Use of the Voiceable Website, App, and/or Other Products and Services
The Website, App, and/or other products and services are intended for your personal, non-commercial use. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to: (a) access and view Company Content, (b) access and use the Website, App, and/or other products and services, (c) use the underlying software and technology as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Company Content, Website, App, and/or other products or services or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TOI or its licensors, except for the licenses and rights expressly granted in these Terms.
Prohibited Use of the Voiceable Website, App, and/or Other Products and Services
Except to the extent permitted by law, you may not do any of the following while accessing or using the Website, App, and/or other products and services: (a) use, display, mirror or frame any of the Company Content, Website, App, and/or products and services or any individual element within the aforementioned, Voiceable name, any Company trademark, logo, or other proprietary information, or the layout and design o any page or form contained on a page, without TOI’s express written consent from the Company; (b) access or tamper with non-public areas of Website, App, and/or other products and services, the Company’s computer systems, servers, or the technical delivery systems of the Company’s providers; (c) test the vulnerability of any the Company’s system or breach any security or authentication measures; (d) circumvent any technological or administrative measure implemented by the Company or any of the Company’s providers or any other third party (including another registered user) to protect the Compay Content, Website, App and/or other products and services; (e) access the Website, App, and/or other products and services or Company Content through the use of any mechanism other than what is outlined in the Terms; OR (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that the Company provided to you or any other part of the Website, App, and/or other products and services.
TOI’s Enforcement Rights
We are not obligated to monitor access or use of the Website, App, and/or other products and services, Company Content, or Your Content, or review or edit any Company Content or Your Content, but we have the right to do so for the purpose of operating our Company, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disclose access to Company Content, the Website, App, and/or other products and services—including Your Account and Your Content—at any time without notice and at our sole discretion if we determine that Company Content, Your Content, or your use of the Website, App, and/or other products and services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Website, App, and/or other products and services.
You Use the Company Website, App, and/or Other Products and Services AT YOUR OWN RISK
While our goal is to deliver a high-quality resource to help you reach your communication goals, we make no endorsement, representation, or warranty of any kind about the Company Website, App, and/or Products and Services, any Company Content, Your Content, or any other recommendations through the Company. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you received through the Website, App, and/or other products and services.
TOI respects copyright law and expects its users to do the same. It is TOI’s policy to terminate in appropriate circumstances, account holders who repeatedly infringe the rights of copyright holders. Please review our DMCA/Copyright Policy available here, or by scrolling below. By accepting these Terms, you also intend to be bound by the Voiceable DMCA/Copyright Policy.
Feedback and Submissions Policy
If you submit any comments, ideas, or feedback to us—you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than you.
We Are Not Responsible For And Do Not Control Third-Party Links On Or Through The Company’s Website, App, And/Or Other Products And Services
Voiceable may provide you the opportunity to link Your Account with third party websites, apps, and or other products and services (“Third-Party Links”). Although we may offer this opportunity, you acknowledge that any Third-Party Links that you use in connection with Voiceable are not part of the Company and not governed by these Terms. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to your use of any Third-Party Links.
THE VOICEABLE CONTENT, THE WEBSITE, APP, AND/OR OTHER PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMIT THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Voiceable Website, App, and/or other products and services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Company Content. You acknowledge and agree that if you rely on any Company Content, the Website, App, and/or other products and services, you do so sole at your own risk.
You will indemnify and hold harmless TOI and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (a) your access to or use of the Company Content, the Website, App, and/or other products and services, (b) Your Content, or (c) your breach of any warranties made to you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
Limitation of Liability
NEITHER TOI, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE COMPANY CONTENT, THE WEBSITE, APP, AND/OR OTHER PRODUCTS AND SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE COMPANY CONTENT, THE WEBSITE, APP, AND/OR OTHER PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUR OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE COMPANY CONTENT, THE WEBSITE, THE APP, AND/OR OTHER PRODUCTS AND SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID FOR USE OF THE COMPANY CONTENT, THE WEBSITE, THE APP, AND/OR OTHER PRODUCTS AND SERVICES, OR FIVE HUNDRED NORWEGIAN KRONER (NOK 500), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TOI AS APPLICABLE.
THE EXCLUSIONS AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Governing Law and Jurisdiction
You agree that Norwegian law will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the courts of Oslo, Norway, and you and the Company consent to personal jurisdiction in those courts.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Company Content, the Website, App, and/or other products and services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Company Content, the Website, App, and/or other products and services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successor and permitted assigns.
Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given (a) via email; or (b) by posting to the Website. For notices made by email the date of receipt on the message will be deemed the date on which such notice is transmitted.
TOI’s failure to enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Although the Website, App, and/or other products and services may be accessible worldwide, not all features, products, or services discussed, referenced, provided or offered—including Company Content—are available to all persons or in all geographical locations. The Company reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any feature, product, or service made on the Website, App, and/or other products and services are void where prohibited, and if you chose to access you are solely responsible for compliance with the applicable local laws.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these Terms.
Last edited: Oct 20, 2017