DallasVoice.com Terms of Service
Last Updated: June 2, 2010
Welcome to Dallas Voice’s network of websites including DallasVoice.com (“website”). This website is owned and operated by Voice Publishing Company, Inc. (“Company”). In addition to the content on the website, the website may provide you with various publishing and community services such as the ability to post information and reviews or participate in online discussions or blog talkback (“Services”). By using our website and the Services, you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the website and exit immediately. We reserve the right to modify or amend the terms of our Terms of Service from time to time without notice. Your continued use of our Web site and any affiliate websites following the posting of changes to these terms will mean you accept those changes.
2. Copyright and Ownership
All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the website may only be used for the intended purpose for which such website and Services are being made available. Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and non-commerical purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms of Service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and Services. The website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on website.
In the event you download software from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “software”) are licensed to you by Company or its licensors. Company does not transfer title to the software to you. Company (or its licensors) retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
3. Corporate Identification & Trademarks
All trademarks, service marks and trade names of Company and its partners and licensors used herein (including without limitation: Company, the Company corporate logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Company’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
4. Restricted Content & Activities
You agree that you will not use the website to post or upload any of the following:
- Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind
- Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
- Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items. Furthermore, you may not list any item on the website (or consummate any transaction that was initiated using our Services) that, by paying to us a fee could cause us to violate any applicable law, statute, ordinance or regulation.
- Direct links to or descriptions of goods and services that are prohibited under these Terms of Service
- Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of website Content
- Content that is untrue, inaccurate, deliberately misleading, or trade libelous
- Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
- Encrypted Content or Content that can be demonstrated to contain encoded messages
- Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge
- Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers
You further understand and agree that sending unsolicited email advertisements to any user of the website is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable “anti-spam” laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
5. Right to Remove Content or Block Access
Company may, at its discretion but without any obligation, remove Content that does not meet the acceptable use guidelines in Section 4 or is otherwise inappropriate, according to Company’s sole interpretation. Company may also remove all other Content by such user, disable a user’s account, and otherwise prevent that user from using our services. Company may also, at its discretion, disable and suppress Content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may also block your access to our website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
6. Account Security
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
7. Information Control
User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on our Web site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our website. Through your use of the website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our website, you assume all associated risks.
8. Transactional Partners
In some cases we partner with another company to co-promote their services within our website. In these cases, you are transacting directly with our partner. On those pages, the transactional partner’s brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by the Company Terms of Service. When there is a conflict between the Company Terms of Service and partner terms of service, Company Terms of Service shall be held as the primary, enforceable terms of service.
9. Links to Third Parties
This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Company of, or any affiliation with, or endorsement by, the owner of the linked website. Company is not responsible for the contents or use of any linked website, or any consequence of making the link.
For all charges for any products and services sold on the website, if any, Company will bill your credit card. If you have elected to renew any services whatsoever with our auto-renewal service, we will bill your credit card on the renewal date at the then current rates. In the event you want to change the billed credit card or opt out of our auto-renewal service, please go to the “Manage Your Account” section of the Web site, contact us or call 214-754-8710. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.
11. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the website; or (iii) bypass any measures we may use to prevent or restrict access to the website.
12. Your License to Us
User published Content remains the intellectual property of the individual user. By posting Content on our website, you grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
In the event that you have a dispute with one or more other users of the website, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. No Warranty
Your use of and browsing of this website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15. Limitation on Liability
Company assumes no liability in the event that legal action is taken against you by a third party as a result of Content you publish on our website, whether for copyright infringement or any other illegal activity related to your Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from Content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF , WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users or your violation of any law or the rights of a third party.
17. Force Majeure
Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Our website is published in the United States and is intended for users from the United States. U.S. law shall govern in any and all disputes, including privacy or defamation issues or otherwise. These Terms of Service and your use of the website, including without limitation the use and collection of personal information, shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Any action seeking legal or equitable relief arising out of or relating to this website will be brought and venue shall be proper only in the courts of the State of Texas in the County of Dallas or the United States District Court for the Northern District of Texas. Each party submits to the exclusive jurisdiction of the state and federal courts in Texas. We do not guarantee continuous, uninterrupted or secure access to our website or Services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 11 (Access and Interference), 12 (License), 13 (Release), 15 (Liability Limit), and 16 (Indemnity) shall survive any termination or expiration of this Agreement.
20. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Voice Publishing Company, Inc, 4145 Travis, Third Floor, Dallas TX 75204 or firstname.lastname@example.org.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the site;
- A 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;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
21. Entire Agreement
These terms and conditions are the entire agreement between the user and Company and supersedes any prior understandings or agreements (written or oral).
22. Copyright Notice
All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright Voice Publishing Company, Inc, 4145 Travis, Third Floor, Dallas TX 75204.
INTERNET ADVERTISING AGREEMENT
THIS INTERNET ADVERTISING AGREEMENT (the “Agreement”) is made between Voice Publishing Company, Inc, a Texas corporation (“Publisher”) and the undersigned advertiser (“Advertiser”).
In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows:
1. Advertising. Publisher shall use its diligent efforts to provide the Internet-related advertising. Any advertising submitted by Advertiser must be in form and substance acceptable to Publisher.
2. Payment. Advertiser shall pay the fee set forth to Publisher, when due and payable.
3. Indemnity. Advertiser shall at all times defend, indemnify and hold harmless Publisher and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the content of Advertiser’s advertisements served by Publisher pursuant to this Agreement and/or any materials to which users can link through those advertisements.
4. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL PUBLISHER BE LIABLE TO ADVERTISER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
(b) PUBLISHER disclaims any and all representations and warranties, including any regarding merchantability, fitness for particular purposes, suitability, compliance with laws, quality, or otherwise, with respect to the PUBLISHER WEB SITE.
(c) IN NO EVENT SHALL PUBLISHER BE LIABLE IN ANY WAY FOR AN AMOUNT GREATER THAN THE PAYMENT OWED TO PUBLISHER UNDER SECTION 2 ABOVE.
(d) PUBLISHER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION 4.
5. Reports. Publisher shall provide to Advertiser those reports regarding the advertisement hereunder.
6. Counterparts and Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute a single instrument. Facsimile signatures are acceptable and deemed original signatures.
7. Intellectual Property Rights. Neither party will acquire any ownership interest in each other’s intellectual property. Publisher shall have the right to place Advertiser’s logo, tradename and trademark on any advertising from Advertiser and to otherwise use such items in connection with the purposes of this Agreement.
8. Force Majeure. Neither Publisher nor Advertiser shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, Internet interruption, government acts, and other similar events.
9. Miscellaneous. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein. This Agreement may not be modified or amended, except by an instrument in writing signed by duly authorized officers of both of the parties hereto. This Agreement may be executed in counterparts each of which shall be deemed an original and all such counterparts shall constitute one and the same agreement. This Agreement will be deemed entered into in [state] and will be governed by and interpreted in accordance with the laws of the State of [state], excluding that body of law known as conflicts of law. The parties agree that any dispute arising under this Agreement will be resolved solely through confidential binding arbitration in Dallas, Texas before one arbitrator selected by the American Arbitration Association in accordance with its rules. In the event of any dispute, each party shall bear its own attorneys fees, expert witness fees, and ½ of the arbitrator fees. The provisions of this Agreement relating to payment of any fees or other amounts owed, indemnification, limitations of liability and intellectual property shall survive any termination or expiration of this Agreement. The language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party.
Online Real Estate and Classifieds Listing Approval, Payment and
All online Real Estate and Classified listings must be paid through our online self-serve payment system before the ad is posted.
Every listing must be approved for text and image content by our online advertising staff before it will appear on the site. The approval process can take up to two business days. Dallas Voice is not responsible for errors or omissions on advertiser created listings. Advertisers assume all responsibility for the accuracy of their listing.
No refunds or credits are given for canceled ads that have been paid but not yet run in the current month.
Members who wish to cancel their Gold or Silver membership packages for future months must email their cancellation request to email@example.com at least 10 business days prior to the billing date for the credit card on file in the member’s account.
Cancellation orders will be processed within five business days after receipt. Cancellation confirmations will be confirmed via email to the email on record in the member’s account.