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Voice of Arizona Terms of Use

GENERAL

     Following are the terms and conditions of the services provided to you. Please read the following agreement (the "Terms") carefully. They explain the policies and rules related to use of our web site (the "Web Site"). By accessing, using or downloading materials from the site or by completing the registration process and clicking the "Build Site" button or clicking on "Sign Up," you are stating that you are at least 18 years old or a minor whose parent is allowing You to use our site, and that you agree with Voice of North America ("us", "we", "our" or "Voice of North America") to the following Terms. If you do not agree with the Terms then you should not use or access this site. "You" refers to you, the user, together with any company or other business entity you are representing. In addition to these terms, when using any current or future Voice of North America.com service (e.g., Classifieds, Business Directory, Careers, Events or the Open forum) or you visit or purchase from any of the businesses affiliated with Voice of North America, you shall be subject to the guidelines and conditions applicable to such service or business.

You also understand and agree that the Service provided may include advertisements and that these advertisements are necessary for Voice of North America to provide the Service. You also understand and agree that the Service may include various types of communications from Voice of North America, such as service announcements, support messages and the Newsletter, and that these communications are considered part of Your membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that change or enhance the current Service, including the release of new updates and services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Voice of North America assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

REGISTRATION

     You can easily begin using our site by filling out our one page membership form. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes. If you do not fill out the one page membership, we have the right to close your account and any other items created under your account.    

     A confirmation email will be sent to the email address you provided. Included in this email will be your initial password. Once you have confirmed your information you will be allowed to change your password and allowed site access.  It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately through either the email support feature in your website (log in at "Voice of North America or it's affiliates," go to "help & support", "ask at question to support", "other")

     As part of the registration process, you will choose a password. This password will allow you access through out the site. When you log in, you will have a personal site navigation tool on the left side of the page. Once you are a member you will be able to access the website builder, email addresses, enter classified advertising, rate and post articles and if a business account you will be able to edit your business listing and coupon uploading.

 

Member Conduct.

     In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.

     To help ensure that everyone's experience at Voice of North America is a positive one, we have certain rules for conduct, which you must agree to in using our Site, whether it is site builder, business directory, classified ads, article submission, article rating and rebuttals.

     When writing articles they must be based on real information, unless you announce at the beginning of article, that it's fiction.

     User understands that Voice of North America is not obligated to monitor any articles, forums, bulletin boards, or other areas of the Service through which users can supply information or material. Although, Voice of North America reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that violate any of Voice of North America's Terms of Service.

     When placing Classifieds, all information about products or services must be real.

     When placing your business listing in the directory, all services, coupons, ads etc. must be in accordance with these terms.

     Voice of North America is not responsible for any misinformation placed on site by users.

 You agree to:

         * Follow all of your local, provincial/state, national and international laws and regulations.

         * Be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material ("Content") that occur under your account or password, including any Content transmitted or broadcast through your account.

         * Comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.

         * Provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases from your site.

Members may post reviews, comments, and other articles; ; and submit suggestions, ideas, comments, questions., The content can not be illegal, obscene or threatening. Any defamatory, invasion of privacy, infringing of intellectual property rights, Voice of North America will shut off users membership The same is true if user submits any kind of software viruses, chain letters, mass mailings, (spam), The use of a false e-mail address or impersonating any person or entity

     You also agree that you will not:

         * Upload, post or transmit through your Voice of North America site any unlawful, harassing (including "stalking"), pornographic, abusive, threatening, harmful, obscene, libelous, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, excessively violent or racially, ethnically or otherwise objectionable content. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts. Exceptions can be made with our prior consent. For example, we may consent to a site that teaches how to breast-feed. If you feel that your site may be an exception, please send us an e-mail stating your case at to have your site through either the email support feature in your website (log in at Voice of North America go to "help & support", "ask at question to support", "other") or through the email support/help feature on the Voice of North America home page (go to the "support" tab, "ask a question").

         * Copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, or otherwise objectionable on your Voice of North America site.

         * Host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.

         * Copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.

         * Interfere with or disrupt Voice of North America's site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.

         * Transmit any content containing viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful programs.

         * Attempt to gain unauthorized access to Voice of North America's site or services, others' accounts, private web sites, or computer systems or networks connected to Voice of North America's site, through password mining or otherwise.

         * Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.

         * Frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.

         * Collect information about others without their consent.

         * Provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.

         * Transmit junk mail, Spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.

         * Copy audio content without the permission of all parties to the conversation. sell access to or use of any services available on Voice of North America's site.

         * Interfere with anyone's use or enjoyment of Voice of North America's site.

         * Harm minors in any way.

         * Fail to respond to customer, copyright or trademark holder’s questions within 3 business days.

         * Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating "Crush" sites.

·         Use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site.

 

Security.

     You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify Voice of North America immediately if you believe that the security of your account has been compromised. Voice of North America DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND Voice of North America SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.

 

Force Majeure.

     Voice of North America shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.

       Articles posted on any of the Voice of North America websites are the property of the individual who posted them. However the Voice of North America retains the right to post them on any of their websites and are not responsible for any article that is taken from the site from any other user.
 

Disclaimer of Warranties.

     YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Voice of North America EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

     Voice of North America MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Voice of North America OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
 

Limitation of Liability.

     IN NO EVENT SHALL Voice of North America AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Voice of North America OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Voice of North America's AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO Voice of North America UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Voice of North America nor its suppliers is responsible for any of your data residing on the Service or Voice of North America's suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or Voice of North America's suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
 

 Governing Law.

     The laws of the State of Arizona applicable govern these Terms therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in Arizona and you hereby irrevocably agree to consent to the jurisdiction of such courts.

Dispute Resolution.

     Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Scottsdale, Arizona under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Voice of North America must be filed within six (6) months of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever.

     Not withstanding the above, Voice of North America may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 16 (Proprietary Rights to Content) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

     This Agreement shall be governed in all respects by the laws of the State of Arizona. The arbitrator to the merits of any dispute or claim shall apply such law. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Scottsdale, Arizona and further agree that any such action or proceeding shall be brought in a court in Scottsdale, Arizona.

     A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Storage of Content.

     The storage space per web site is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time. You agree that Voice of North America is not responsible or liable for deleting or failing to store any content. You agree to download your email on a regular basis and will not leave a copy of the email on the servers. You agree that Voice of North America can delete any email on the servers older than 45 days.

 

Confidential Information.

     "Confidential Information" is any data or information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentiality of any third party's information, such third party's) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; (v) it has been independently developed by a party without access to the Confidential Information of the other party; or (vi) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.

 

Relationship to Customer.

     Voice of North America and you shall perform all of duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint ventures, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.

 

Charges and Billing

     Voice of North America reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the Voice of “websites”. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize Voice of North America to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, Voice of North America will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card account before they are charged to your credit card account. You further acknowledge that it is your responsibility to notify Voice of North America of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.

      All charges for your website will show on your credit card statement as ["Voice of North America"]

      Voice of North America reserves the right to change any fees (which includes, but is not limited to, charging a fee for a package, options, upgrades and/or a Service for which Voice of North America does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Voice of North America posts such modification on the Voice of “ Web Sites”. Voice of North America also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. The answer to many common billing questions can by found by logging in to Member's Account and going to the Account page. As set forth  (Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your site and uses the Voice of North America Service, is independent from Voice of North America. Voice of North America will not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship) of this Agreement, you may cancel your Account at any time, but Voice of North America will not refund any remaining portion of your pre-paid fees when you cancel your Account.     

     You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Voice of North America when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Voice of North America may incur in its efforts to collect any remaining balances due from you. This shall in no way limit any other remedies available to Voice of North America. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify Voice of North America of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Voice of North America within sixty (60) days, you waive any right to dispute such problems or discrepancies.

 Reference to Your Site.

     You agree to allow Voice of North America to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site (if applicable) in any communications.

 

 Business Directory.

     You agree to allow Voice of North America to list your site in a Voice of “Web site” directory without your permission unless otherwise agreed upon. It is your responsibility to contact Voice of North America at to have your site unlisted through either the email support feature in your website (log in at "Voice of North America" go to "help & support", "ask at question to support", "other") or through the email support/help feature on the Voice of North America home page (go to the "support" tab, "ask a question").

 

Classified Advertising.

     When you submit a classified ad to Voice of "Website", you are agreeing that the classified ad that appears in your preview window is what you want displayed on the website and it becomes the property of Voice of "website" and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to Voice of North America. Because you submitted the advertisement does not guarantee a placement on Voice of North America's websites and submission of an advertisement does not constitute an agreement for continued placement. Voice of North America reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. The rates and specifications are subject to change.

 

Third Party Content.

     For your convenience, the Service, which includes the Voice of North America Web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party content"). Such Third Party content is not under the control of Voice of North America and Voice of North America is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Voice of North America is under no obligation, but does reserve the right to pre-screen Third Party content available on the Service and does not assume any responsibility or liability for the content provided by others. Voice of North America is providing such Third Party content to you only as a convenience, and the inclusion of such content does not imply endorsement by Voice of North America of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Voice of North America does reserve the right to remove content that, in Voice of North America's judgment, does not meet its standards, but Voice of North America is not responsible for any failure or delay in removing such material.

     Voice of North America is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Voice of North America (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

COPYRIGHT

All Software, logos, images, data, icons, audio, button icons, and graphics that is used on this website is the sole property of Voice of North America.com and is protected by all copyright laws

The compilation of all content on this site is the exclusive property of Voice of North America.com and protected by all copyright laws.

All domain names issued by Voice of North America's website builder is the property of Voice of North America, but may be purchased outright by customer at customers request and a mutually agreed price.

      It is the policy of Voice of North America, ("Voice of North America", "us" or "we") to respect the intellectual property rights of others; we ask that our members do the same. Voice of North America may terminate the accounts of those who appear to infringe the intellectual property rights of others, and/or Voice of North America may remove content that has prompted a complaint.

     If you believe that Voice of North America or a member of the Voice of North America community has infringed your copyright in any material, please provide us with the following:

        1. A description of the copyrighted work that you claim has been infringed;

        2. A description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the site;

        3. Your name, address, telephone number, and e-mail address;

        4. 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;

        5. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on the copyright owner's behalf; and

        6. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

     Please direct all notices of claims of copyright infringement relating to the Voice of North America site through either the email support feature in your website (log in at "Voice of North America", go to "help & support", "ask at question to support", "other") or through the email support/help feature on the Voice of North America home page (go to the "support" tab, "ask a question").

 

Maintenance and Updates.

     Voice of North America reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Force Majeure.

 

Indemnification.

     You agree to indemnify and hold Voice of North America, re branders, co branders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to Voice of North America and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Voice of North America or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Voice of North America and/or its suppliers, affiliates, partners, subsidiaries and employees.

 

Indemnification By Customer.

     You will defend, indemnify and hold Voice of North America harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against Voice of North America that arises directly or indirectly from you or your end-users, or the content of such end-user's web site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that Voice of North America promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by Voice of North America's failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.

 

 Changes to Terms of Use.

     Voice of North America reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that Voice of North America shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

 

 Proprietary Rights to Content.

     You agree that Content presented through our site by Voice of North America, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by Voice of North America or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Voice of North America's site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by Voice of North America or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.

 

Your Grant of Limited License.

     By posting or submitting content to the site, you (a) grant to Voice of North America and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by Voice of North America will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.

 

Domain Name Registration.

    Voice of North America will register, a universal resource locator (URL or "domain name") for your website when you click on the "Submit Order" on the "Purchase Your Site" Order Form. This free domain name becomes the property of Voice of North America.

     To use a domain name that you have registered with a domain-name registration service, follow the directions in the Voice of North America website help system. Voice of North America does not own rights to any such a domain name that you have registered outside the Voice of North America system.

 

External Links.

     Voice of North America's site may contain links to other sites. You agree that Voice of North America does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because Voice of North America has no control over such sites and resources, you acknowledge and agree that Voice of North America is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Voice of North America 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Footer.

     You understand that the phrase "Powered by Voice of North America" will be placed in the footer to each and every web page generated and transmitted by Voice of North America's System.

 

Severability.

     If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

 

Privacy.

     At Voice of North America, we respect the privacy of our members. You agree that Voice of North America may disclose information we have collected from you and/or content you have made available on our site when Voice of North America believes in good faith that the law requires it, or to protect the rights or property of Voice of North America or its visitors, or as otherwise stated in the Privacy Policy. For more details, please see our Privacy Policy. Our Privacy Policy is deemed to be part of these Terms.

     Upon request Voice of North America may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site.

     While we do our utmost to safeguard your information, please remember that privacy over the Internet cannot be guaranteed, and keep this in mind when deciding what information to transmit or broadcast through Voice of North America's site.

 

Cancellation/Termination.

     Either you or Voice of North America may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Voice of North America. You also agree that Voice of North America may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at Voice of North America's sole discretion, without prior notice to you. In most instances, however, Voice of North America will review a web site and if it is found to be in violation of any of our the Terms Of Service, you will be given a warning. If the web site continues to violate our rules, the site will be deleted.

By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and Voice of North America, and that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. Voice of North America reserves any rights not expressly granted herein. This Agreement is subject to change by Voice of North America without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Web site.

Descriptions of material amendments to this Agreement will be posted in advance on the Web site.