TERMS + CONDITIONS
Welcome to the VOXAPOD Web Site (the "Site"). VOXA POD, Inc. ("VOXAPOD") provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. VOXAPOD reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the VOXAPOD web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by VOXAPOD, one of its affiliates or by third parties who have licensed their materials to VOXAPOD. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. VOXAPOD reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
VOXAPOD is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from VOXAPOD.
Copyright Agent Notice & Take-down Procedure Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written 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, including the law of fair use; (vi) 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. The Copyright Agent for VOXAPOD for notice of claims of copyright infringement is as follows: by e-mail at email@example.com.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to VOXAPOD on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain VOXAPOD’s' property. Such disclosure, submission or offer of any Comments shall constitute an assignment to VOXAPOD of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, VOXAPOD will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. VOXAPOD is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
INTELLECTUAL PROPERTY RIGHTS; CONTENT
Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by VOXAPOD®. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
VOXAPOD, Made-to-Move Technology, and all related names, logos, product and service names, designs and slogans are registered trademarks of VOXAPOD® or its licensors. Such marks cannot be used without the prior written permission of VOXAPOD®.
Except as may be expressly permitted by VOXAPOD®, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by VOXAPOD on the Website; provided, however, that where VOXAPOD expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by VOXAPOD either in these Terms and Conditions, on the Website or elsewhere as may be indicated by VOXAPOD. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and VOXAPOD® is under no obligation to keep the Content updated. VOXAPOD® may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
USER GENERATED CONTENT
As used in this Section, (i) "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
By posting, distributing, sending or displaying User Generated Content to the Website, you:
- hereby grant to VOXAPOD® a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
- represent and warrant that:
- you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;
- such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
- the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
- further grant VOXAPOD® the right to pursue before any appropriate forum any person or entity that violates VOXAPOD®'s or your rights under any applicable law in the User Generated Content.
User Generated Content submitted by you is deemed non-confidential and VOXAPOD® is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, VOXAPOD® reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. VOXAPOD® is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:
- you won't require that any personally identifying information be used in connection with the User Generated Content;
- you won't oppose the publication, use, modification or deletion of the User Generated Content by VOXAPOD®; and
- you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.
This Website may contain Interactive Areas. If VOXAPOD® provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drugs, tobacco or firearms use;
- Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
- Advertising or links to other commercial websites;
- Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity , passport and/or credit card numbers or other personally identifiable information of any third party;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Areas in which such material is posted;
- Material that communicates messages inconsistent with the goodwill of VOXAPOD® or which otherwise violates these Terms and Conditions; or
- Material that, in the sole judgment of VOXAPOD®, is objectionable or which may expose VOXAPOD®, you or other Website users to any harm, prejudice or liability.
To the extent possible under applicable law, VOXAPOD® takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is VOXAPOD® liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, VOXAPOD® is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. VOXAPOD® has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, VOXAPOD® reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.
Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by VOXAPOD®.
UNSOLICITED IDEAS SUBMISSIONS
VOXAPOD welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 4 above. Feel free tocontact us with your valuable feedback.
However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form to VOXAPOD or any of its employees. Since VOXAPOD is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help VOXAPOD avoid potential misunderstandings or disputes when VOXAPOD' products, lines of business or marketing strategies might seem similar or even identical to Submissions made to VOXAPOD.
If, despite our policy, you still provide your Submissions to VOXAPOD, the following terms shall apply to your Submissions, regardless of what your communication says. You agree that:
- VOXAPOD shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;
- VOXAPOD may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and
- VOXAPOD is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.
At VOXAPOD, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at VOXAPOD will usually be priced the similar to merchandise offered at our affiliate retail stores, in some cases, retail stores may have different prices or promotional events at different times.
PRODUCTS + SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
CORRECTION OF ERRORS + INACCURACIES
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your VOXAPOD purchase and wish to return your VOXAPOD purchase item/s, please see our Return Policy.
In the event a VOXAPOD product is listed at an incorrect price due to typographical error or systems error, VOXAPOD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. VOXAPOD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VOXAPOD shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by VOXAPOD without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
RISK OF LOSS
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
USE OF SITE
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a VOXAPOD or other licensed employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless VOX POD, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, VOXAPOD may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with VOXAPOD, VOXAPOD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VOXAPOD. VOXAPOD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, VOXAPOD seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
VOXAPOD may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in VOXAPOD account information.
No Guaranteed Delivery Date.The date to deliver a pre-order sale is an estimate by VOXAPOD and there is no guarantee that fulfillment and delivery will be made by the estimated date. All pre-order sales will be delivered in the order that they are received upon completion of production.
Refund. VOXAPOD has a money back guarantee at any time before the delivery of the product and up to 90 days after delivery of the good.
Credit Card Charges. When you pre-order on the VOXAPOD site, your card will be charged the amount of the sale after you confirm and submit your payment information.
Communications Between VOXAPOD and Customers. Once you have made a pre-order purchase on the VOXAPOD site, VOXAPOD may need to contact you to obtain additional information such as shipping address, specific preferences for a purchase (i.e. size), or may ask for your feedback on your purchase order. In some instances, to receive your order, you may need to provide the requested information within the requested time frame to receive your order, otherwise, it will not be fulfilled. VOXAPOD will not ask for information that is not required to fulfill an order.
Taxes. International VAT or GST taxes remain the responsibility of the purchaser in pre-orders or otherwise.