The Site and Community Properties.
This website is owned and operated by Tremor LLC, under the trade name: Vocalpoint (hereinafter referred to as the “Community”). This website (hereinafter referred to as the “Site”) and all Community resources such as user profiles, polls, blogs and including but not limited to chat groups (which we collectively call the “Community Properties”) are offered to you conditioned upon your acceptance – without modification – of the terms, conditions and notices contained in this terms and conditions agreement (hereinafter referred to as the “T&Cs”). Your use of the Site constitutes your acceptance of and agreement to these T&Cs. You agree that these T&Cs set forth the entire agreement between you and the Community with respect to your use of this Site and that you have not relied upon any statements, representations or inducements in connection with this Site other than those expressly set forth herein.
Modification of These T&Cs.
The Community reserves the right to change the terms, conditions, and notices under which the Community is offered as set forth in these T&Cs. You are responsible for regularly reviewing these T&Cs. You hereby agree that your use of this Site and the Community Properties shall be subject to these T&Cs as existing at the time of each such use.
Use of Site and Community Properties. Personal and Non-Commercial Use Limitation.
Unless otherwise specified, the Community is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Community.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site or the Community Properties, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site or Community Properties, without prior written permission of the Community is strictly prohibited.
Harassment in any manner or form on the Community, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Community employee, host, or representative or other members or visitors on the Site or the Community Properties, is prohibited. You may not upload to, distribute, or otherwise publish through the Site or Community Properties any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or Community Properties or use the Site or Community Properties to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks.
The entire content included in this Site and Community Properties, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Community.
Notices and Procedures For Making Claims Of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
The Community respects the intellectual property of others, and we ask our users and visitors to do the same. The Community will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, the Community will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Community the following information. Please be advised that, to be effective, the Notification must include ALL of the following:
Notices of claimed copyright infringement should be directed by mail to:
11305 Reed Hartman Hwy, Suite 207
Cincinnati, Ohio 45241
These T&Cs are applicable to you upon your accessing the Site and/or Community Properties and/or completing the registration and/or shopping process. These T&Cs, or any of them, may be modified or terminated by the Community without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
The Community does not and cannot review all communications and materials posted to or created by users accessing the Site and Community Properties and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site or Community Properties, the Community is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site or Community Properties. However, the Community reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to the Community at its sole discretion.
You must be at least thirteen (13) years old to use the Site and Community Properties, and by using the Site or Community Properties, you represent and warrant that you are at least thirteen (13) years old. Any use of the Site or Community Properties, including any registration or attempted entry into membership, by anyone under thirteen (13) years old is unauthorized and is a violation of these T&Cs.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. The Community will have no obligations with respect to the Communications. The Community and its designees/assignees/licensees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. The Community shall further have the rights and licenses set forth below in section below entitled User-Generated Content.
By submitting any text, photograph, video, music, audio/sound recording, artwork, message, illustration, file, image, graphic, comment, sound, information, content, rating, review, data, question, suggestion, personally identifiable information, or other information or materials and the ideas contained therein, or other material or information (each a “Communication”) to the Site or Community Properties or on a third party e-commerce or informational website or web page, you represent and warrant the following:
You further agree that you shall not submit any Communication that includes or references any one or more of the following:
The Community shall have the right, but not the obligation, to remove or refuse to post any Communication within the Site or Community Properties that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of this these T&Cs or to take such action for any other reason it deems appropriate. The Community does not guarantee that you will have any recourse through the Community to edit or delete any Communication that you have submitted. You acknowledge that you, not the Community, are responsible for the contents of any Communication(s). None of the Communications that you submit shall be subject to any obligation of confidence on the part of the Community and its third party service providers and agents or their respective directors, officers and employees.
Minor Disclosure: If your submission contains any images of persons who are minors in their state of residence, you agree that you are the legal guardian of the minor depicted in the submission. As the legal guardian of the minor depicted, you acknowledge that you agree to the minor being featured in the submission and in other uses of the content online and offline, for any advertising or commercial purpose(s).
Photos Depicting Someone Else: If such content includes photos, pictures, likenesses or names of any other person(s), you agree that you have obtained the consent of each person shown in the content to submit such content to this promotion. You also agree that you can provide written copies of such permissions upon our request.
Further and in addition, the Community may now or in the future offer visitors to the Site or Community Properties the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site or Community Properties (“submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, audio/sound recordings, artwork, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding elements licensed by the Community included therein, “User-Generated Content”). The Community may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and licenses you grant by means of your consent to these T&Cs, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
In some instances, both these T&Cs and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or Community Properties or to a service or product offered via the Site or Community Properties (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these T&Cs and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of this Site’s Privacy Statement.
User Chat Rooms.
The Community may, but is not obligated to, monitor or review any areas on the Site and Community Properties where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. The Community, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Face to Face Meetings.
The Site and Community Properties may enable users to arrange physical meetings (as distinguished from online meetings) or other in-person gatherings. The Community does not control or monitor the formation or conduct of these meetings, and the Community has no control over the actions of any individuals at those meetings. You should use caution and good judgment when considering attending any such meetings, as you would attending any meeting of persons you do not know. You agree that under no circumstance will the Community, its officers, directors, shareholders, employees, agents, licensors, consultants, advisers, affiliates, subsidiaries, third-party partners or its suppliers be liable in any way in connection with your attendance at (or travel to or from) any such meeting.
By joining the Community, members acknowledge that they are not guaranteed to receive anything in return, including complimentary products, brand experiences and/or any other promotions or giveaways promoted on this Site or Community Properties, emails or social media sites. Members who are selected for Programs and all items mentioned above, must meet specific and unique requirements for each Program. The Community may or may not disclose these requirements to members. These requirements are solely determined by the Community and may change at the Community’s discretion at any time, with or without notice. The Community reserves the right to postpone, change and/or cancel any scheduled or running Program at any time with or without notice.
Right to Be Removed from Programs.
The Community reserves the right, in its sole discretion, to determine eligibility in any Program or other offers on the Site or Community Properties. The Community may, at its discretion, remove a member from a Program or other offer at any time and for any reason.
The Community Does Not Guarantee Product Shipment or The Condition of Any Products.
Due to the nature of shipping products, the Community cannot guarantee the conditions of products shipped. Though the Community makes all attempts to ship products in a timely manner, we cannot guarantee a specific timeframe for delivery or that products will actually be delivered.
Program Kits and Products Not Intended for Resale.
Any product, brand experience, coupon or other items related to a Program are not intended for resale. Any violation (as determined solely by the Community) of this provision by a Member may result in removal from the applicable Program or from the Community in general.
Non-Commercial Use by Members.
Members of the Community are prohibited to use the services of the Site or Community Properties in connection with any commercial endeavor or venture.
Special Provisions on Surveys & Sweepstakes.
Surveys and sweepstakes sponsored by us or our clients may be made available to members on the Site or Community Properties. Visiting the Site or Community Properties or using them as a member is not conditional on your participation in these surveys or sweepstakes. Any sweepstake will be accompanied by its own terms and conditions of entry.
Competitions sponsored by us or our clients may be made available to members on the Site or Community Properties and may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
In an attempt to provide increased value to our visitors, this Site and Community Properties may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with the Community, the Community has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Community. The Community 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. Links do not imply that the Community sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, the Community seeks to protect the integrity of its Site and Community Properties and the links placed upon it and therefore requests any feedback on not only its own Site and Community Properties, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The Community makes no warranties or representations about the accuracy or completeness of this Site’s or the Community Properties’ content or the content of any site or External Sites.
The Community does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
This Site and Community Properties and the materials, information, services, and products in this Site and Community Properties, including, without limitation, text, graphics, and links, are provided “AS IS” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Community disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. The Community does not represent or warrant that the functions contained in the Site or Community Properties will be uninterrupted or error-free, that defects will be corrected, or that this Site or Community Properties or the server that makes the Site or Community Properties available are free of viruses or other harmful components. The Community does not make any warranties or representations regarding the use of the materials in this Site in Terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
Limitation Of Liability.
In NO EVENT shall the Community be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if the Community has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site and Community Properties. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warrant lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify and defend the Community and hold the Community and its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these T&Cs or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site or Community Properties using your Internet account.
Your use of this Site and Community Properties shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or Community Properties shall be in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the Site or Community Properties must be commenced within one (1) year after the claim or cause of action arises. The Community’s failure to insist upon or enforce strict performance of any provision of these T&Cs shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these T&Cs. The Community may assign its rights and duties under these T&Cs to any party at any time without notice to you.
The Community makes no representation that materials in the Site or Community Properties are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site or Community Properties from locations outside Ohio do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.
You and the Community agree that any dispute, claim or controversy arising out of or relating in any way to this Site or Community Properties, including these T&Cs and further including any disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps herein or the adaptation hereof to newly arisen circumstances, shall be determined by binding arbitration instead of in courts of general jurisdiction (the “Arbitration Agreement”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these T&Cs, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Community are each waiving the right to a trial by jury and the right to participate in a class action. Without limitation, this arbitration provision shall survive the termination of your use of this Site and Community Properties.
If you elect to seek arbitration, you must first send to the Community, by certified mail, a written Notice of your claim (“Notice”). The Notice to the Community should be addressed to: General Counsel, Vocalpoint, 11305 Reed Hartman Hwy, Suite 207, Cincinnati, OH 45241 (“Notice Address”). If the Community elects to seek arbitration, it will send a written Notice to the e-mail address used to access this Site. A Notice, whether sent by you or by the Community, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Community and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Community may commence an arbitration proceeding. During the arbitration, the amount of any settlement offers made by the Community or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The claimant in any arbitration proceeding hereunder shall pay the filing fee. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless the Community and you agree otherwise, any arbitration hearings will take place in Hamilton County, Ohio, and you hereby submit to personal jurisdiction in such county for this purpose, only. In the discretion of the arbitrator, you may participate in any or all of the arbitration proceedings and present your witnesses remotely via telephone, video link or any other similar remote means of communications so long as we have had a reasonable opportunity to depose such witness prior to the hearing and you may submit exhibits to the arbitrator electronically. If your claim is for US $10,000.00 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000.00, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. A judgment of the court of general jurisdiction in the venue where the arbitration hearing is held may be rendered upon the arbitrator’s ward
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
You agree that any failure by the Community to enforce any provision of these T&Cs or to exercise any right hereunder shall not be construed as a waiver thereof in the future. If one or more of the provisions in these T&Cs are deemed invalid, void or unenforceable by law, then the remaining provisions will continue in full force and effect. Moreover, if any one or more of the provisions contained in these T&Cs shall be held to be excessively broad or partially invalid, illegal or unenforceable, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall appear.
As noted above, the Community may revise these T&Cs at any time by updating this posting. You should visit this page from time to time to review the then-current T&Cs because they are binding on you. Certain provisions of these T&Cs may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Tremor, LLC d/b/a Vocalpoint
11305 Reed Hartman Hwy, Suite 207
Cincinnati, Ohio 45241