dismiss this messagedismiss this messageVorce - Terms of Use
September 13, 2011
Vorce.com is a social networking employment service that allows
Members to create unique personal and company profiles online in order to find
and communicate with job seekers, companies and new friends. The services
offered by Vorce.com ("Vorce.com" or "we") include the
Vorce.com website (the "Vorce Website"), the Vorce.com Internet employment
service, and any other features, content, or applications offered from time to
time by Vorce.com in connection with the Vorce Website (collectively, the
"Vorce Services"). The Vorce Services are hosted in the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />
This Terms of Use Agreement ("Agreement") sets forth
the legally binding terms for your use of the Vorce Services. By using the
Vorce Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Vorce Website) or
you are a "Member" (which means that you have registered with
Vorce.com). The term "User" refers to a Visitor or a Member. You are
only authorized to use the Vorce Services (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it. If you do not
agree with it, you should leave the Vorce Website and discontinue use of the
Vorce Services immediately. If you wish to become a Member, communicate with
other Members and make use of the Vorce Services, you must read this Agreement
and indicate your acceptance during the Registration process.
This Agreement includes Vorce.com's policy for acceptable use of
the Vorce Services and Content posted on the Vorce Website, your rights,
obligations and restrictions regarding your use of the Vorce Services and
Vorce.com's Privacy Policy. In order to participate in certain Vorce Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions. Unless otherwise provided by
the additional terms and conditions applicable to the Vorce Services in which
you choose to participate, those additional terms are hereby incorporated into
this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Vorce.com, Subject: Terms of Use
Agreement.
Vorce.com may modify this Agreement from time to time and such
modification shall be effective upon posting by Vorce.com on the Vorce Website.
You agree to be bound to any changes to this Agreement when you use the Vorce
Services after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any
changes.
Please choose carefully the information you post on Vorce.com
and that you provide to other Users. Your Vorce.com profile may not include the
following items: telephone numbers, street addresses, last names, and any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other Vorce.com Members (for
instance, in their Profile) may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and Vorce.com assumes no
responsibility or liability for this material. If you become aware of misuse of
the Vorce Services by any person, please contact Vorce or click on the "Report Inappropriate
Content" link at the bottom of any Vorce.com page.
Vorce.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the Vorce
Services at any time, for any or no reason, with or without prior notice, and
without liability.
1.
Eligibility. Use of
and Membership in the Vorce Services is void where prohibited. By using the
Vorce Services, you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 16 years of age or older; and (d) your use of the
Vorce Services does not violate any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated without warning, if we
believe that you are under 16 years of age.
2.
Term. This
Agreement shall remain in full force and effect while you use the Vorce
Services or are a Member. You may terminate your Membership at any time, for
any reason, by following the instructions on the Member's Account Settings
page. Vorce.com may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
3.
Fees. You
acknowledge that Vorce.com reserves the right to charge for the Vorce Services
and to change its fees from time to time in its discretion. If Vorce.com
terminates your Membership because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of subscription fees.
4.
Password. When
you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another
Member at any time or to disclose your password to any third party. You agree
to notify Vorce.com immediately if you suspect any unauthorized use of your
account or access to your password. You are solely responsible for any and all
use of your account.
5.
Non-commercial Use by Members. The
Vorce Services are for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Vorce.com. Illegal and/or unauthorized use of the Vorce
Services, including collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Vorce Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in termination of
Membership privileges. Appropriate legal action will be taken for any illegal
or unauthorized use of the Vorce Services.
6.
Proprietary Rights in Content on
Vorce.com.
1.
Vorce.com does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, works of authorship, or
any other materials (collectively, "Content") that you post to the
Vorce Services. After posting your Content to the Vorce Services, you continue
to retain all ownership rights in such Content, and you continue to have the
right to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the Vorce Services, you hereby
grant to Vorce.com a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and through the Vorce
Services.
Without this license,
Vorce.com would be unable to provide the Vorce Services. For example, without
the right to modify Member Content, Vorce.com would not be able to digitally
compress music files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform Member
Content, Vorce.com could not allow Users to listen to music posted by Members.
The license you grant to Vorce.com is non-exclusive (meaning you are free to
license your Content to anyone else in addition to Vorce.com), fully-paid and
royalty-free (meaning that Vorce.com is not required to pay you for the use on
the Vorce Services of the Content that you post), sublicensable (so that
Vorce.com is able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the Vorce Services), and worldwide
(because the Internet and the Vorce Services are global in reach). This license
will terminate at the time you remove your Content from the Vorce Services. The
license does not grant Vorce.com the right to sell your Content, nor does the
license grant Vorce.com the right to distribute your Content outside of the
Vorce Services.
2.
You represent and warrant that: (i) you own the Content posted
by you on or through the Vorce Services or otherwise have the right to grant
the license set forth in this section, and (ii) the posting of your Content on
or through the Vorce Services does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other monies owing any person by
reason of any Content posted by you to or through the Vorce Services.
3.
The Vorce Services contain Content of Vorce.com ("Vorce.com
Content"). Vorce.com Content is protected by copyright, trademark, patent,
trade secret and other laws, and Vorce.com owns and retains all rights in the
Vorce.com Content and the Vorce Services. Vorce.com hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the
Vorce.com Content (excluding any software code) solely for your personal use in
connection with viewing the Vorce Website and using the Vorce Services.
4.
The Vorce Services contain Content of Users and other Vorce.com
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Vorce Services.
7.
Content Posted.
1.
Vorce.com may delete any Content that in the sole judgment of
Vorce.com violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person. Vorce.com assumes no
responsibility for monitoring the Vorce Services for inappropriate Content or
conduct. If at any time Vorce.com chooses, in its sole discretion, to monitor
the Vorce Services, Vorce.com nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
2.
You are solely responsible for the Content that you post on or
through any of the Vorce Services, and any material or information that you
transmit to other Members and for your interactions with other Users. Vorce.com
does not endorse and has no control over the Content. Content is not
necessarily reviewed by Vorce.com prior to posting and does not necessarily
reflect the opinions or policies of Vorce.com. Vorce.com makes no warranties,
express or implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other Members.
8.
Content/Activity Prohibited. The
following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Vorce Services. Vorce.com reserves the
right to investigate and take appropriate legal action against anyone who, in
Vorce.com's sole discretion, violates this provision, including without
limitation, removing the offending communication from the Vorce Services and
terminating the Membership of such violators. Prohibited Content includes, but
is not limited to Content that, in the sole discretion of Vorce.com:
1.
is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2.
harasses or advocates harassment of another person;
3.
exploits people in a sexual or violent manner;
4.
contains nudity, violence, or offensive subject matter or
contains a link to an adult website;
5.
solicits personal information from anyone under 18;
6.
provides any telephone numbers, street addresses, last names,
URLs or email addresses;
7.
promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8.
promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
9.
involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
10.
contains restricted or password only access pages or hidden pages
or images (those not linked to or from another accessible page);
11.
furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
12.
solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
13.
involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
14.
includes a photograph of another person that you have posted
without that person's consent; or
15.
for band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended to draw
traffic to the profile.
9.
Video Resume Uploading
1.
Uploading video is for Resume Interview Only - not for any other
content. Vorce Corporation reserves the right to delete or remove any content
of video that is profanity, nudity, unlicensed video, links, etc. Uploading
your Video Resume Interview - which describes to Potential Businesses
information about yourself, at no time does this feature excludes you from
obtaining employment. By checking the box, you agree that you have read the
disclaimer. This is an optional feature.
10.
Activity - The
following is a partial list of the kind of activity that is illegal or
prohibited on the Vorce Website and through your use of the Vorce Services.
Vorce.com reserves the right to investigate and take appropriate legal action
against anyone who, in Vorce.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
1.
criminal or tortuous activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
2.
advertising to, or solicitation of, any Member to buy or sell
any products or services through the Vorce Services. You may not transmit any
chain letters or junk email to other Members. It is also a violation of these
rules to use any information obtained from the Vorce Services in order to
contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising or
solicitation, Vorce.com reserves the right to restrict the number of emails
which a Member may send to other Members in any 24-hour period to a number
which Vorce.com deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Vorce Services, you acknowledge that you
will have caused substantial harm to Vorce.com, but that the amount of such
harm would be extremely difficult to ascertain. As a reasonable estimation of
such harm, you agree to pay Vorce.com $50 for each such unsolicited email or
other unsolicited communication you send through the Vorce Services;
3.
covering or obscuring the banner advertisements on your personal
profile page, or any Vorce.com page via HTML/CSS or any other means;
4.
any automated use of the system, such as using scripts to add
friends or send comments or messages;
5.
interfering with, disrupting, or creating an undue burden on the
Vorce Services or the networks or services connected to the Vorce Services;
6.
attempting to impersonate another Member or person;
7.
for band profiles, copying the code for your Vorce Player and
embedding it into other profiles or asking other Members to embed it into their
profiles;
8.
using the account, username, or password of another Member at
any time or disclosing your password to any third party or permitting any third
party to access your account;
9.
selling or otherwise transferring your profile;
10.
using any information obtained from the Vorce Services in order
to harass, abuse, or harm another person;
11.
displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through the Vorce Services on behalf
of that person, such as placing commercial content on your profile, posting
blogs or bulletins with a commercial purpose, selecting a profile with a
commercial purpose, or sending private messages with a commercial purpose; or
12.
using the Vorce Services in a manner inconsistent with any and
all applicable laws and regulations.
11.
Copyright Policy. You
may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of Vorce.com to terminate Membership privileges of any
Member who repeatedly infringes the copyright rights of others upon receipt of
prompt notification to Vorce.com by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Vorce Services 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 Vorce Services;
(iv) your address, telephone number, and email 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; (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. Vorce.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: Copyright Agent, Vorce
Corporation, P.O. Box 271915, Corpus Christi, Texas 78427-1915; Email: copyright@vorce.com.
12.
Member Disputes. You
are solely responsible for your interactions with other Vorce.com Members.
Vorce.com reserves the right, but has no obligation, to monitor disputes
between you and other Members.
13.
Privacy. Use of
the Vorce Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
14.
Disclaimers.
Vorce.com is not responsible for any incorrect or inaccurate Content posted on
the Vorce Website or in connection with the Vorce Services, whether caused by
Users of the Vorce Services or by any of the equipment or programming
associated with or utilized in the Vorce Services. Profiles created and posted
by Members on the Vorce Website may contain links to other websites. Vorce.com
is not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Vorce.com. Inclusion of any linked website on
the Vorce Services does not imply approval or endorsement of the linked website
by Vorce.com. When you access these third-party sites, you do so at your own
risk. Vorce.com takes no responsibility for third party advertisements which
are posted on this Vorce Website or through the Vorce Services, nor does it
take any responsibility for the goods or services provided by its advertisers.
Vorce.com is not responsible for the conduct, whether online or offline, of any
User of the Vorce Services. Vorce.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication. Vorce.com is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion
on the Internet or on any of the Vorce Services or combination thereof,
including any injury or damage to Users or to any person's computer related to
or resulting from participation or downloading materials in connection with the
Vorce Services. Under no circumstances shall Vorce.com be responsible for any
loss or damage, including personal injury or death, resulting from use of the
Vorce Services, attendance at a Vorce.com event, from any Content posted on or
through the Vorce Services, or from the conduct of any Users of the Vorce Services,
whether online or offline. The Vorce Services are provided "AS-IS"
and as available and Vorce.com expressly disclaims any warranty of fitness for
a particular purpose or non-infringement. Vorce.com cannot guarantee and does
not promise any specific results from use of the Vorce Services.
15.
Limitation on Liability. IN NO
EVENT SHALL Vorce.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Vorce.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, VORCE.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Vorce.COM FOR THE Vorce SERVICES
DURING THE TERM OF MEMBERSHIP.
16.
17.
Disputes. If
there is any dispute about or involving the Vorce Services, you agree that the
dispute shall be governed by the laws of the State of Texas, USA, without
regard to conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United States
located in the State of Texas, City of Corpus Christi. Either Vorce.com
or you may demand that any dispute between Vorce.com and you about or involving
the Vorce Services must be settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration Association (AAA) in Corpus
Christi, Texas, USA, provided that the foregoing shall not prevent Vorce.com
from seeking injunctive relief in a court of competent jurisdiction.
18.
Indemnity. You
agree to indemnify and hold Vorce.com, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the Vorce Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above and/or
if any Content that you post on the Vorce Website or through the Vorce Services
causes Vorce.com to be liable to another.
19.
Other. This
Agreement is accepted upon your use of the Vorce Website or any of the Vorce
Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and Vorce.com regarding the use of
the Vorce Services. The failure of Vorce.com to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. Vorce.com is a trademark of Vorce, Inc.
This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
Please contact us at: Contact
Vorce with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
