====================
Last updated: October 29, 2020
Please read these terms and conditions carefully before using Our Service.
Definitions
===========
For the purposes of these Terms and Conditions:
* Audio means the text to speech audio provided by the Company played or
downloaded by You on any electronic device.
* Application means the software program provided by the Company downloaded
by You on any electronic device, named Voiceforge
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or
parts of our Service.
* Country refers to: United States
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Third Pillar LLC, 6101 Penn Ave Pittsburgh PA 15212.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Feedback means feedback, innovations or suggestions sent by You regarding
the attributes, performance or features of our Service.
* Goods refer to the items offered for sale on the Service.
* In-app Purchase refers to the purchase of a product, item, service or
Subscription made through the Application and subject to these Terms and
Conditions and/or the Application Store's own terms and conditions.
* Orders mean a request by You to purchase Goods from Us.
* Service means the services that Company provides to You under this Agreement
which may include use of the Voiceforge Application.
* Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
==============
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company, which is hereby
incorporated by reference. Our Privacy Policy is located at
https://www.voiceforge.com/privacy and describes Our policies and procedures
on the collection, use and disclosure of Your personal information when You
use the Application or the Service and tells You about Your privacy rights
and how the law protects You. Please read Our Privacy Policy carefully before
using Our Service.
If You do not agree with any of the terms and conditions of this Agreement,
please, do not download, install, access or use the Apps or related Services.
Licenses and Limitations
========================
FanVoice
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Where you have purchased and paid for a Voiceforge single file download or FanVoice
subscription to the Service made available in the Application, subject to your
compliance with these Terms, we grant you a non-exclusive, limited, nonsublicensable,
and nontransferable license to:
(a) during the subscription term, play, download, modify, distribute, and use
Voiceforge Audio for non-monetized media projects (online videos, indie games,
animations, etc. each such Audio combined with such work during a subscription term,
a “Projectâ€.) So as long as you credit the Voiceforge Application or Service.
(b) on a perpetual basis following the creation of a Project, reproduce, distribute,
and display Projects for any lawful purpose. For the avoidance of doubt, this license
grant does not permit you to use any Audio as a standalone work, or after the termination
or expiration of your subscription, create any new Projects or otherwise prepare any
derivatives works from the Audio.
Publisher
---------
Where you have purchased and paid for a Voiceforge Publisher subscription to the
Service made available in the Application, subject to your compliance with these
Terms, we grant you a non-exclusive, limited, nonsublicensable, and nontransferable
license to:
(a) during the subscription term, play, download, modify, distribute, and use
Voiceforge Audio for monetized media projects (online videos, indie games,
animations, etc. each such Audio combined with such work during a subscription term,
a “Projectâ€.)
(b) on a perpetual basis following the creation of a Project, reproduce, distribute,
and display Projects for any lawful purpose. For the avoidance of doubt, this license
grant does not permit you to use any Audio as a standalone work, or after the termination
or expiration of your subscription, create any new Projects or otherwise prepare any
derivatives works from the Audio.
License Limitations
-------------------
All rights not expressly granted by us are hereby reserved. You may
not sublicense the Audio as a standalone distribution or assign these Terms.
This License does not include the right to compile audio from Voiceforge to replicate
a similar or competing service. No right or license is granted to use Voiceforge Audio
on broadcast television and equivalent over-the-top (OTT) media services (Netflix, Hulu,
etc) or national/international theatrical releases. No right or license is granted to use
Voiceforge Audio in software or services for online testing, assessment, or translation.
User shall not
(a) make available, distribute, resell, or perform the Audio separately from content
into which the Audio has been incorporated (e.g., standalone distribution of the Audio is
not permitted)
(b) use the Offerings in connection with defamatory, or fraudulent content or in connection
with pornographic or illegal images, sounds, or content, or any depictions of illegal activity
whatsoever, whether directly or in context or by juxtaposition with other materials
(c) remove (or attempt to remove) any copyright, trademark or other intellectual property
rights notice contained in or on any Voiceforge Audio. You shall not remove (or attempt to
remove) any digital watermark that may be embedded in Voiceforge Audio.
Subscriptions
=============
Subscription period
-------------------
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis
(such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under
the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
--------------------------
You may cancel Your Subscription renewal either through Your Account settings
page or by contacting the Company. You will not receive a refund for the fees
You already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel
the renewal of Your Subscription with the Application Store.
Billing
-------
You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information.
Should automatic billing fail to occur for any reason, the Company will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is
handled by the Application Store and is governed by the Application Store's
own terms and conditions.
Fee Changes
-----------
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the
end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
-------
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on
a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application
Store's refund policy will apply. If You wish to request a refund, You may do
so by contacting the Application Store directly.
In-app Purchases
================
The Application may include In-app Purchases that allow you to buy products,
services or Subscriptions.
More information about how you may be able to manage In-app Purchases using
your Device may be set out in the Application Store's own terms and conditions
or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a
In-app Purchase, that In-app Purchase cannot be cancelled after you have
initiated its download. In-app Purchases cannot be redeemed for cash or other
consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it
has been successfully downloaded, we will, after becoming aware of the fault
or being notified to the fault by You, investigate the reason for the fault.
We will act reasonably in deciding whether to provide You with a replacement
In-app Purchase or issue You with a patch to repair the fault. In no event
will We charge You to replace or repair the In-app Purchase. In the unlikely
event that we are unable to replace or repair the relevant In-app Purchase or
are unable to do so within a reasonable period of time and without significant
inconvenience to You, We will authorize the Application Store to refund You an
amount up to the cost of the relevant In-app Purchase. Alternatively, if You
wish to request a refund, You may do so by contacting the Application Store
directly.
You acknowledge and agree that all billing and transaction processes are
handled by the Application Store from where you downloaded the Application and
are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to
contact the Application Store directly.
User Accounts
=============
When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.
You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
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Your Right to Post Content
--------------------------
Our Service allows You to post Content. You are responsible for the Content
that You post to the Service, including its legality, reliability, and
appropriateness.
By posting Content to the Service, You grant Us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You retain any and all of Your rights to
any Content You submit, post or display on or through the Service and You are
responsible for protecting those rights. You agree that this license includes
the right for Us to make Your Content available to other users of the Service,
who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You
have the right to use it and grant Us the rights and license as provided in
these Terms, and (ii) the posting of Your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.
Content Restrictions
--------------------
The Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the Content
and for all activity that occurs under your account, whether done so by You or
any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
* Spam, machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees
or representatives.
* Defames, doxxes, abuses, harasses, stalks, threatens or otherwise violates
the legal rights (such as the rights of privacy and publicity) of others,
or is libelous or defamatory.
* Exploits children or minors
* Depicts cruelty to animals
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Terms, refuse or remove this Content. The Company further reserves
the right to make formatting and edits and change the manner any Content. The
Company can also limit or revoke the use of the Service if You post such
objectionable Content. As the Company cannot control all content posted by
users and/or third parties on the Service, you agree to use the Service at
your own risk. You understand that by using the Service You may be exposed to
content that You may find offensive, indecent, incorrect or objectionable, and
You agree that under no circumstances will the Company be liable in any way
for any content, including any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of your use of any content.
Copyright Policy
================
Intellectual Property Infringement
----------------------------------
We respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a copyright
or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our copyright agent via email at
help@voiceforge.com and include in Your notice a detailed description of the
alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees)
for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
----------------------------------------------------------------
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
* An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright's interest.
* A description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work.
* Identification of the URL or other specific location on the Service where
the material that You claim is infringing is located.
* Your address, telephone number, and email address.
* A statement by You that You have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law.
* A statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at help@voiceforge.com. Upon
receipt of a notification, the Company will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged content
from the Service.
Intellectual Property
=====================
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of the Company.
Your Feedback to Us
===================
You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to grant
the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify
and exploit such Feedback without restriction.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of these Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service during the twelve months immediately
preceding the date the claim first arose or 100 USD if You haven't purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
Indemnification
===============
You will indemnify and defend Company, its affiliates, officers, directors and
employees against any costs, expenses, or liability directly or indirectly arising
out of or relating to any claim from any third party based on Your use of the
Application or Service, or any kind of alleged or actual breach by you of this
Agreement. You acknowledge and agree that it is solely responsible for all
statements You make in connection with or by way of the Service and that the
foregoing obligation to indemnify applies thereto.
"AS IS" and "AS AVAILABLE" Disclaimer
==========
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
=============
This Agreement shall be governed by and construed under the laws of the
Commonwealth of Pennsylvania, without reference to conflicts of law principles
which would cause the laws of another jurisdiction to apply. The federal and
state courts sitting in Pittsburgh, Pennsylvania shall have proper and exclusive
jurisdiction and venue with respect to any disputes arising out of this Agreement.
Notwithstanding the foregoing, we and our assignees, successors and designees may
seek injunctive or other equitable relief in any jurisdiction to enforce the terms
of this agreement and our rights hereunder.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
===================================================
If You are a U.S. federal government end user, our Service is a "Commercial
Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Changes to These Terms and Conditions
=====================================
We reserve the right to change these Terms from time to time with or without
notice to you. You acknowledge and agree that it is your responsibility to
periodically review Our website and these Terms. Your continued use of the
Application or Service after such modifications will constitute acknowledgement
and acceptance of the modified Terms.
Contact Us
==========
If you have any questions about these Terms and Conditions, You can contact
us by email: help@voiceforge.com