Through its network of Web properties, Emvoice provides you with access to a variety of resources, including download areas, communication forums, company information and product information (collectively to be called "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Unless otherwise specified, the Services are for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Emvoice commits to preclude use of Emvoice One Recordings and Content for political messages, or defamatory or derogatory lyrics. Content of this nature will not be available as part of the Emvoice product or service line. Neither Emvoice nor Users shall share any Emvoice generated Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful.
Any software, plug-ins or apps that are made available to download from the Services ("Software") is the copyrighted work of Emvoice and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Emvoice.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software 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.
Emvoice is not liable for any failure of service resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.
If you object to any portion of this TOU, or any subsequent modification thereto, or become dissatisfied with the Service, the Site, or any text, images, video, audio or other Content, or any transaction entered into through the Site or Service, your only recourse is to immediately discontinue use of the Service and notice Emvoice of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this TOU, or any dissatisfaction with the Service or the Site. For free users, Emvoice reserves the right, in its sole discretion, to temporarily disable or terminate your Service (which includes to edit, delete, or remove any postings from the site) with or without notice, with or without cause, and without liability of any kind. Emvoice may also disable a paying member’s service if they are suspect or guilty of violating these Terms. Reasons for suspending service include but are not limited to:
(a) the use of services in a manner that will make Emvoice legally liable;
(b) the suspicion or detection of malicious activity such as phishing, spamming or hacking. If Emvoice in its determination elects to terminate or disable your Service access, we will use commercially reasonable efforts to notify you through the Service and/or to the registered email addresses. By signing up with Emvoice, you acknowledge that if your access to the Service is suspended or terminated, you may not have access to the Content stored with the Service. Emvoice may retain certain materials for administrative, legal, or other related reasons.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE 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 SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EMVOICE CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, EMVOICE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR AUTOMATIC DOWNLOAD. EMVOICE 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 IN EMVOICE SOFTWARE PRODUCTS.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.