ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Remembered Voices provides you with access to a variety of resources for archiving voice recordings (“Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web sites, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO CONTENT AVAILABLE ON THIS WEB SITE
Any content that is made available to download from the Services (“Content”) is the copyrighted work of Remembered Voices and/or its suppliers. Use of the Content is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Content (“License Agreement”). An end user will be unable to download any Content that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Content is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Content not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH CONTENT.
THE CONTENT IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REMEMBERED VOICES LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, REMEMBERED VOICES MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS CONTENT TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REMEMBERED VOICES DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR OTHERWISE IN REMEMBERED VOICES CONTENT.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, data sheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Remembered Voices Web site or any other Remembered Voices owned, operated, licensed or controlled site. Elements of Remembered Voices Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Remembered Voices Web site may be copied or retransmitted unless expressly permitted by Remembered Voices.
REMEMBERED VOICES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REMEMBERED VOICES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL REMEMBERED VOICES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REMEMBERED VOICES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING CONTENT, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL REMEMBERED VOICES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also 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 Remembered Voices immediately of any unauthorized use of your account or any other breach of security. Remembered Voices 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. However, you could be held liable for losses incurred by Remembered Voices or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Remembered Voices server, or the network(s) connected to any Remembered Voices server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Remembered Voices server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication 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.
- Upload, or otherwise make available, files that contain images, photographs, content 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 consent to do the same.
- Use any material or information, including images or photographs, which are made available through the 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, or any other similar content or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of content or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Remembered Voices has no obligation to monitor the Communication Services. However, Remembered Voices reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Remembered Voices reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Remembered Voices reserves the right at all times to disclose any information as Remembered Voices 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 Remembered Voices’ sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Remembered Voices does not control or endorse the content, messages or information found in any Communication Services and, therefore, Remembered Voices specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Remembered Voices spokespersons, and their views do not necessarily reflect those of Remembered Voices.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO REMEMBERED VOICES OR POSTED AT ANY REMEMBERED VOICES WEB SITE
Remembered Voices does not claim ownership of the materials you provide to Remembered Voices (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Remembered Voices, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Remembered Voices Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Remembered Voices is under no obligation to post or use any Submission you may provide and Remembered Voices may remove any Submission at any time in its sole discretion.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent c/o Remembered Voices. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE REMEMBERED VOICES’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF REMEMBERED VOICES AND REMEMBERED VOICES IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. REMEMBERED VOICES IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. REMEMBERED VOICES IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY REMEMBERED VOICES OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY
REMEMBERED VOICES OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN REMEMBERED VOICES’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO REMEMBERED VOICES. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO REMEMBERED VOICES OR ANYONE AT REMEMBERED VOICES. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT REMEMBERED VOICES MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE & FAQ
© 2011 Remembered Voices LLC. All rights reserved.
The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.
If you upload copyrighted materials to our website(s) without permission.
By law, we are required to take down videos, music, photographs or other content you upload onto a website hosted by Remembered Voices if we learn that it infringes someone else’s copyright. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people’s copyrights.
If your material is on Remembered Voices website without your permission.
If you believe that anything on a website hosted by Remembered Voices infringes your copyright, let us know. Just provide us with the information requested here and we will see that your copyrighted works are taken down.
Remembered Voices Trademarks
This page contains the most current information on Remembered Voices trademarks.
The name Remembered Voices is synonymous with high-quality voice archiving services. Remembered Voices trademarks are extremely valuable because they represent the standards of excellence and consistent quality associated with Remembered Voices. This page contains detailed information about how to refer to
Remembered Voices trademarks in different scenarios.
Using Remembered Voices Trademarks in Text
Proper use of Remembered Voices trademarks is important. You may use Remembered Voices trademarks to refer to Remembered Voices services provided you follow these guidelines. Your use must not mislead consumers as to any Remembered Voices sponsorship, affiliation, or endorsement of your company, or of your products or services.
Properly Identify Remembered Voices Brand Services
When referring to Remembered Voices content and services, apply the appropriate trademark symbols in accordance with the list of current Remembered Voices trademarks.
- View the Remembered Voices Trademark List
Here are some examples of Remembered Voices brands and their descriptors:
- Remembered Voices
- Remembered Voices Bench
- Your priceless verbal legacy – available any time, any place
- A voice, a story – connected for generations
Set Remembered Voices Trademarks Apart from Other Words or Nouns They Modify
The common way to set trademarks apart from other words or nouns is to capitalize the service name and use the appropriate trademark symbol and appropriate descriptor. You may also underlining, italic type, or bold type for the name. Examples:
Correct: After using Remembered Voices archiving system
Incorrect: After using Remembered Voices
Use Trademark Notices
Include an attribution of Remembered Voices ownership of the trademark(s) in the credit notice section of your documentation or advertisement. Follow this format:
Remembered Voices, Remembered Voices Bench, Verbal Family Tree and Your priceless verbal legacy – available any time, any place are either registered trademarks or trademarks of Remembered Voices LLC in the United States and/or other countries.
Do Not Use Remembered Voices Trademarks in the Possessive or Plural Form
Remembered Voices trademarks should never be used in the possessive or plural form. They should be introduced as a proper adjective followed by an appropriate descriptor.
Do not use the Remembered Voices LLC logo, or any other Remembered Voices logos, symbols, or icons on or in connection with products, services, packaging, manuals, promotional or advertising materials, or Web sites for any purpose except pursuant to an express written trademark license from Remembered Voices.
The Remembered Voices corporate logo may be used only in limited situations to refer to Remembered Voices LLC.
You may place a text link to a Remembered Voices Web page on your site if the text link is not a prominent feature on the site and is not used in a way that could confuse or mislead consumers. You may refer to the Remembered Voices company name or Remembered Voices service names in a plain text font and format, provided this use follows the general Remembered Voices trademark guidelines and you include appropriate wording such as “This way to Remembered Voices.com.” Except for the link logos as provided by Remembered Voices, you may not use the Remembered Voices corporate logo or any other Remembered Voices logo or graphic to link to Remembered Voices. You may use Remembered Voices link logos only in accordance with the guidelines applicable to each logo as provided.
You may use Remembered Voices service names on your Web site to indicate that you use Remembered Voices services, provided the reference complies with the guidelines herein. Do not use any Remembered Voices trademark in the title of your Web site or as a second-level domain name. You may not use any Remembered Voices logo without a license or written specifications from Remembered Voices.
Publications, Seminars, and Conferences
You may refer to Remembered Voices service names on the cover of magazines and periodicals, and in the title of seminars and conferences, provided you comply with the guidelines herein and the following specifications:
- The publication, seminar, or conference should relate to the specific Remembered Voices service referenced.
- Your name and logo should appear more prominently than the Remembered Voices word mark on all printed materials related to the magazine, periodical, seminar, or conference.
- A disclaimer of sponsorship, affiliation, or endorsement by Remembered Voices, similar to the example below, should be included on the publication and in all related printed materials:
- “(Title) is an independent (publication) and is not affiliated with, nor has it been authorized, sponsored, or otherwise approved by Remembered Voices LLC.”
- You should include a trademark attribution according to the notice format provided in the Use Trademark Notices section of this page.
- Do not use a Remembered Voices trademark as the leading word or most prominent element in your magazine, periodical, seminar, or conference title. You may use Remembered Voices trademarks in a referential manner such as “XYZ MAGAZINE for the Remembered Voices archiving system.” Use outside this referential manner (such as “Remembered Voices Magazine”) requires a license from Remembered Voices LLC.
- Do not use the Remembered Voices LCC logo, or any other Remembered Voices logo on or in the publication, or on any materials related to the publication, seminar, or conference. Special circumstances may merit a license from Remembered Voices.
- Do not use a Remembered Voices trademark in any manner that suggests Remembered Voices’ affiliation with, sponsorship of, or certification of the magazine, periodical, seminar, or conference.
Company, Product, Service, and Domain Names
Do not use or register any Remembered Voices trademark, including Remembered Voices logos, symbols, icons, or any potentially confusing variation thereof, as part of your company name, trade name, product name, service name, or domain name. Do not place your company name, trademarks, service marks, or product names next to, or combine them with, a Remembered Voices service name.
Endorsement or Sponsorship
Do not use any Remembered Voices trademark in any manner that expresses or implies Remembered Voices affiliation, sponsorship, endorsement, certification, or approval. Do not use any Remembered Voices trademark in such a manner that it appears Remembered Voices is legally associated with your company. You must display your company name more prominently than any Remembered Voices trademark on all materials.
Do not manufacture, sell, or give away merchandise items, such as T-shirts or mugs, that bear any Remembered Voices trademark, including logos, except pursuant to an express written trademark license from Remembered Voices.
Trade Dress and Advertising Elements
Do not imitate Remembered Voices logos, logotypes, trade dress, or other elements of Remembered Voices services packaging and Web sites in any of your materials, including but not limited to advertising, product packaging, Web sites, and promotional materials.
Slogans and Taglines
Do not use or imitate any Remembered Voices tagline, including but not limited to “Your priceless verbal legacy – available any time, any placeTM”
Remembered Voices Trademarks
The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that Remembered Voices LLC has established in any of its feature or service names or logos. The status column refers to the status of the trademark in the United States and/or other countries.