Terms of Service

The following terms and conditions govern all use of the VocalEyes Application Service (the “Service”) and all content, services and products available at or through vocaleyes.org (the “Site”). The Service is owned and operated by VocalEyes Digital Democracy (“VocalEyes”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, VocalEyes Privacy Policy ) and procedures that may be published from time to time on this Site by VocalEyes (collectively, the “Agreement”).

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by VocalEyes, acceptance is expressly limited to these terms.

General Account Terms

You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You do not have to provide your legal name (except for subscribing group coordinators for billing purposes) and you can use the service with a pseudonym.

You are responsible for maintaining the security of your account and password. VocalEyes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VocalEyes of any unauthorized uses of your account, or any other breaches of security. VocalEyes will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Content

If you coordinate a group, comment in a discussion, post links in a discussion, or otherwise make (or allow any third party to make) material available through VocalEyes (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either;

(i) received permission from your employer to post or make available the Content, including but not limited to any software, or

(ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the

Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your group is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other groups and web sites, and similar unsolicited promotional methods; your group is not named in a manner that misleads your readers into thinking that you are another person or company.

For example, your group’s name is not the name of a company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by VocalEyes or otherwise.

Without limiting any of those representations or warranties, VocalEyes has the right (though not the obligation) to, in VocalEyes sole discretion

  1. refuse or remove any content that, in VocalEyes reasonable opinion, violates any VocalEyes policy or is in any way harmful or objectionable, or
  2. terminate or deny access to and use of the Service to any individual or entity for any reason, in VocalEyes sole discretion. VocalEyes will have no obligation to provide a refund of any amounts previously paid.

Group Names

The naming of groups should be systematic so that group names refer to the organisation and can be connected to an organisation page. Words in group name and description deemed inappropriate will be removed and unacceptable group names and descriptions will be modified without notice.

Group Administration

Admins are required to maintain a minimum level of administration to ensure user experience is maintained. Failing that VocalEyes reserves the right to undertake that admin on behalf of the group.

Free Groups not being maintained or used appropriately may be inactivated and content reset as unpublished. Where this has deemed to be the case, administrators can apply to have group reactivated.

Payment and Renewal

General Terms

By selecting VocalEyes service plans you agree to pay VocalEyes the fees indicated for those services. When payments begin, you will be charged on a pre-pay basis and this will cover the use of that service for the following period as indicated. If you wish to increase your group size limit you must change your service plan accordingly. All fees are not refundable. The name that will appear on your statement will be VocalEyes Digital Democracy.

Services can be canceled at any time by contacting the payment provider or emailing accounts@vocaleyes.org

Changes

We reserve the right to modify these Terms at any time and modified terms are effective upon posting to this website. We will make every effort to inform you of these changes via email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. VocalEyes may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Data

Users and group coordinators may request data related to their personal account and group(s) respectively. VocalEyes will take reasonable efforts to provide these data. VocalEyes has the right to refuse repetitive or technically difficult requests. For information about how we collect and share user information please refer to the VocalEyes Privacy Policy.

Termination

If you are deemed to be in serious violation of these terms, VocalEyes may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VocalEyes account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Sevice is provided “as is”. VocalEyes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VocalEyes nor its suppliers and licensors, makes any warranty that the App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will VocalEyes, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;
  2. the cost of procurement for substitute products or services;
  3. for interruption of use or loss or corruption of data; or
  4. for any amounts that exceed the fees paid by you to VocalEyes under this agreement during the twelve (12) month period prior to the cause of action. VocalEyes shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that:

  1. your use of the Service will be in strict accordance with the VocalEyes Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content), and
  2. your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless VocalEyes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Disputes

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

VocalEyes Digital Democracy is registered at:

Techhub,

11 Wind Street,

Swansea, SA1 1DP

Company Number: 08996603