M2 Labs Ltd (“M2 Labs,” “we,” or “us”) operates the VoiceCandy mobile app and related website (“VoiceCandy”). By using VoiceCandy in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use VoiceCandy.
Who May Use VoiceCandy
You must be at least 16 years old to use VoiceCandy. Use is void where prohibited. By using VoiceCandy, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use VoiceCandy, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
License to use VoiceCandy
M2 Labs Ltd grants you a limited, non-exclusive license to access and use VoiceCandy for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by VoiceCandy Co in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble VoiceCandy. Nor will you take any measures to interfere with or damage VoiceCandy. All rights not expressly granted by M2 Labs Ltd. are reserved.
, which forms a part of this Agreement.
Registration to use VoiceCandy
You must register an account your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other VoiceCandy users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other VoiceCandy users in your network or geolocation. Please take precautions to protect your password and contact us at firstname.lastname@example.org
if you believe your account has been accessed by an unauthorized person.
Term and Termination; Account Deletion
This Agreement begins on the date you first use VoiceCandy and continues until terminated in accordance with the provisions hereof.
M2 Labs Ltd. may suspend, disable, or delete your account (or any part thereof) if M2 Labs Ltd. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage M2 Labs Ltd.’s reputation or goodwill. If M2 Labs Ltd. deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by M2 Labs Ltd. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. M2 Labs Ltd. shall not be responsible for the loss of such content.
Disclaimers; Limitation of Liability
Code of Conduct; Prohibited Activities
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER VOICECANDY USERS. YOU UNDERSTAND THAT M2 LABS LTD. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. M2 LABS LTD. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. M2 LABS LTD. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. M2 LABS LTD. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL M2 LABS LTD. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE VOICECANDY SERVICE OR PERSONS YOU MEET THROUGH VOICECANDY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
- M2 Labs Ltd. reserves the right to modify VoiceCandy. You are responsible for providing your own access to VoiceCandy. M2 Labs Ltd. has no obligation to screen or monitor any content and does not guarantee that any content available on VoiceCandy complies with this Agreement or is suitable for all users.
- M2 Labs Ltd. provides VoiceCandy on an “as is” and “as available” basis. You therefore use VoiceCandy at your own risk. M2 Labs Ltd. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, M2 Labs Ltd. makes no representations or warranties:
- VoiceCandy will be permitted in your jurisdiction;
- That VoiceCandy will be uninterrupted or error-free;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on VoiceCandy or will be stored by M2 Labs Ltd.;
- That M2 Labs Ltd. will continue to support any particular feature of VoiceCandy;
- Concerning sites and resources outside of VoiceCandy, even if linked to from VoiceCandy.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used VoiceCandy, and no warranties shall apply after such period.
In using VoiceCandy, you must behave in a civil and respectful manner at all times. Further, you will not:
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person;
- Collect information about others;
- You will not express or imply that any statements you make are endorsed by M2 Labs Ltd. without our specific prior written consent.
- You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
M2 Labs Ltd. has the right, but not the obligation, to monitor all conduct on and content submitted to VoiceCandy.
You are solely responsible for the content that you record, publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to M2 Labs Ltd. or to any other user. If information provided to M2 Labs Ltd., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- 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 images, audio or video, or links to pirated images, audio or video files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
Licenses Granted by You
You grant M2 Labs Ltd. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of VoiceCandy permission to view your content for their personal, non-commercial purposes. If you make suggestions to M2 Labs Ltd. on improving or adding new features to VoiceCandy, M2 Labs Ltd. shall have the right to use your suggestions without any compensation to you.
Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to VoiceCandy / M2 Labs Ltd and grant the licenses set forth above; (ii) M2 Labs Ltd. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless M2 Labs Ltd. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
Third Party Copyrights and Other Rights Copyright Policy
- arise from your activities on VoiceCandy;
- assert a violation by you of any term of this Agreement; or
- assert that any content you submitted to VoiceCandy violates any law or infringes any third party right, including any intellectual property or privacy right.
M2 Labs Ltd. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to VoiceCandy do not infringe any third party copyright.
M2 Labs Ltd. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, M2 Labs Ltd. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
The Data Protection Act 1998
gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Communication Between Us
If you wish to contact us in writing, or if any condition in this agreement requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to M2 Labs Limited at 25 Manchester Square, London, W1U 3PY or email@example.com
. We will confirm receipt of this by contacting you in writing, normally by e-mail.
Events Outside our Control
Other Important Terms
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this agreement our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under this agreement may be performed despite the Event Outside Our Control.
MODIFICATION; ENTIRE AGREEMENT:
- We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This Agreement may not be modified except by a revised Terms of Service posted by M2 Labs Ltd. on VoiceCandy or a written amendment signed by an authorized representative of M2 Labs Ltd. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between M2 Labs Ltd. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Third Party Beneficiary
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon the end-user’s acceptance of the terms and conditions of this agreement, Apple will have the right (and you accept the right) to enforce this agreement against the end-user as a third party beneficiary thereof.