PARTNERS

Terms of Use

Welcome to Voiponder! By using Voiponder website (the "Voiponder Site"), you agree to be bound by the following terms and conditions.

The Voiponder Site is owned and operated by Iomemo Technologies, Inc. ("Iomemo"). Your use of the Voiponder Site and any of the Voiponder Services (as defined below) at any time is subject to Voiponder's then-current Terms of Use ("Terms"), which may be updated from time to time as set forth below. In addition, your use of particular services offered on the Voiponder Site ("Voiponder Services") may be subject to specific guidelines or rules posted from time to time. Your use of the Voiponder Site and/or the Voiponder Services (collectively, "Voiponder Site/Services") constitutes full acceptance of and agreement to the Terms and applicable Rules; if you do not accept the Terms and Rules, you are not granted rights to use the Voiponder Site or any Voiponder Services and should refrain from accessing the Voiponder Site/Services. In the event of any material change to the Terms, we will use reasonable efforts to email notice of the change to Members (as defined below) in advance. If we change any Rules, we will post the changed version on the location where those Rules normally appear. Voiponder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Voiponder Site or any Voiponder Services (or any part thereof) without notice. Voiponder shall not be liable to you or any third party for any such modification, suspension or discontinuance.

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

If a particular Voiponder Service requires you to open an account, or if you elect to become a registered member of Voiponder ("Member"), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then 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 Voiponder immediately of any unauthorized use of your account or any other breach of security. Voiponder 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.

The Voiponder Site may contain images of and links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Voiponder and Voiponder is not responsible for the contents of any Linked Site. Voiponder is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Voiponder of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Voiponder Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Voiponder shall not be responsible or liable for any part of any such dealings or promotions.

• As a condition of your use of the Voiponder Site/Services, you will not use the Voiponder Site/Services for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using a Voiponder Site/Services, you will not:
• Use the Voiponder Site/Services in any manner that could damage, disable, overburden, or impair any Voiponder Site/Services or interfere with any other party's use and enjoyment of any Voiponder Site/Services.
• Attempt to gain unauthorized access to any Voiponder Site/Service, other accounts, computer systems or networks connected to any Voiponder Site/Service, through hacking, password mining or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Voiponder Site/Services.
• Use the Voiponder Site/Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which are made available through the Voiponder Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
• Harvest or otherwise collect information about others, including email addresses.
• Create a false identity for the purpose of misleading others. Voiponder has no obligation to monitor the Voiponder Site. However, Voiponder reserves the right to review materials posted to the Voiponder Site and to remove any materials in its sole discretion. Voiponder reserves the right at all times to disclose any information as Voiponder 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 Voiponder's sole discretion.

Voiponder does not control or endorse the content, messages or information posted to the Voiponder Site or transmitted via any Voiponder Services ("Content") and does not guarantee the accuracy, integrity, or quality of such Content. Voiponder specifically disclaims any liability with regard to the Content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of Content. Views expressed on the Voiponder Site do not necessarily reflect those of Voiponder. Contributors to the Voiponder Site may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. Voiponder does not guarantee the veracity, objectivity, reliability or completeness of any information provided on the Voiponder Site or on any Linked Site. By using Voiponder Site/Service, you may be exposed to Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Content on the Voiponder Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content.

You agree not to sell, resell or offer for any commercial purposes, any use of the Voiponder Services or access to the Voiponder Site/Services.

Voiponder does not claim ownership of the materials you provide to Voiponder or post, upload, input or submit to any Voiponder Service for review by the general public, or by the members of any public or private community ("Submission"). No compensation will be paid with respect to the use of your Submission. Voiponder is under no obligation to post or use any Submission you may provide and Voiponder may remove any Submission at any time in its sole discretion. By providing a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

Voiponder may establish practices and limits concerning use of the Voiponder Site/Services. While Voiponder will use reasonable efforts to back up Voiponder Site/Services data and make such data available in the event of loss or deletion, Voiponder has no responsibility or liability for the deletion or failure to store any messages, other communications, Submissions or other Content maintained on the Voiponder Site or transmitted by any Voiponder Service. Voiponder reserves the right to archive any Content or to mark as "inactive" and archive accounts that are inactive for an extended period of time.

You agree to indemnify, defend and hold harmless each of Voiponder and its affiliates and their respective officers, employees and agents, and any of Voiponder's website partners, from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Voiponder Site/Services; your Submissions, your transmission of information via the Voiponder Site/Services; or your violation of these Terms or any Rules.

Your use of the Voiponder Site/Services is at your sole risk. The Voiponder Site/Services are provided on an "as is" and "as available" basis and Voiponder assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications or personalization settings. You will be solely responsible for any damage to your computer system or loss of data which results from the use of the Voiponder Site/Services. Voiponder expressly disclaims all warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, Voiponder makes no warranty that (i) the Voiponder Site/Services will meet your requirements, (ii) your access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material you obtain will meet your expectations, and (iv) any errors in the Voiponder Site/Services will be corrected. We do not guarantee continuous uninterrupted or secure access to the Voiponder Site/Services. Operation of the Voiponder site may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the Voiponder site. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by Voiponder. You specifically agree that Voiponder shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Voiponder Site/Service. You specifically agree that Voiponder is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Voiponder is not responsible for any content sent using and/or included in a Voiponder Site/Service by any third party. In no event shall Voiponder and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Voiponder Site/Services, with the delay or inability to use the Voiponder Site/Services, the provision of or failure to provide services, or for any content, products, or services obtained through the Voiponder Site/Services, or otherwise arising out of the use of the Voiponder Site/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Voiponder or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Voiponder Site/Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Voiponder Site/Services.

Voiponder reserves the right, in its sole discretion, to terminate your account and/or access to the Voiponder Site or any or all Voiponder Services or any portion thereof at any time, without notice. Voiponder will not be liable to you or any third party for termination of your account or access to the Voiponder Site/Services.

These Terms are governed by the laws of the provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of British Columbia, Canada in all disputes arising out of or relating to the use of the Voiponder Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Voiponder as a result of these Terms or use of the Voiponder Site/Services. Voiponder's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Voiponder's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Voiponder Site/Services or information provided to or gathered by Voiponder with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms and the Rules constitute the entire agreement between you and Voiponder with respect to the Voiponder Site/Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Voiponder with respect to the Voiponder Site/Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.