Vois Terms Of Use

Subject to these TERMS OF USE, you may use the Website as a "Visitor" (which means you are just browsing the Website) or a registered "Member" (which means you have registered as a member of the Website and provided identifying information). As a Member, you have a personalized home page that includes content and services that you develop, manage and maintain as well as functionality made available to you via the Website. VOIS is not available to persons under the age of 18 or to any previously-registered Members who have been suspended or removed from the service by VOIS for any reason. If you use the Website, you agree that all the information you provide on this Website will always be correct, current, and complete. VOIS may refuse service without prior notice to any user for any or no reason.

VOIS is an online venue where Buyers and Sellers of Services locate and work with each other. VOIS does NOT source or deliver Projects. VOIS is NOT involved in the contracting between Buyers and Sellers of Services. VOIS does not guarantee (i) the quality or legality of Services advertised; (ii) the accuracy of profiles or listings; (iii) any Member's ability to deliver Services; (iv) any Buyer's ability to pay for Services, or (v) that either a Buyer or a Seller will complete a transaction. VOIS only provides the venue for Buyers and Service Sellers to find and contract with each other for Projects.

 

VOIS intends the Website to include "social commerce" (sCommerce), which encourages commerce through dynamic social networks. Such sCommerce activities shall be governed by these TERMS OF USE including the "VOIS sCommerce Policy," as published from time to time on the Website, which is hereby incorporated by reference into the TERMS OF USE. Other than as stated in the VOIS sCommerce Policy or herein, the Website is solely for personal use and may not be used for any commercial activities or endeavors, including, by way of example, display of banners or other commercial advertisements, affiliate links, and any other advertisement, solicitation, offer or sale of any goods or services. VOIS reserves the right to take appropriate legal action to prevent any illegal or unauthorized use of the Website.

 

You agree that all commercial activities (to the extent permitted herein and in the VOIS sCommerce Policy) shall at all times be conducted in compliance with all licensing, tax and other applicable laws and regulations of every governmental authority having jurisdiction over such commercial activities. VOIS Members are solely responsible for satisfying responsibility for any and all taxes, including VAT. Contents of this site may not be legal for certain persons or in certain countries.

 

Visitors may browse the Website free of charge, and VOIS Members may be charged fees such as, but not limited to, membership fees, project fees, transaction fees, and payment processing fees. VOIS reserves the right to charge for its Website, to change its fee structure, to institute new fees, and to change its membership programs and/or prices, upon reasonable notice posted in advance on this Website.

VOIS makes available content and functionality to allow Buyers to post information regarding Projects and for Sellers to bid on these Projects.

 

For Buyers, VOIS offers two ways to post a project: Basic or Featured. A Basic Project posting is visible to all VOIS Service Sellers in the Category relevant to your Project. VOIS will not charge the Buyer a fee for posting a Basic project. VOIS will charge the Buyer a posting fee for a Featured Project posting. A Featured Project posting is visible to all VOIS Service Sellers; however, Service Sellers with Premier status in the Category relevant to your Project can submit bids and proposals at a preferential cost relative to non-Premier Sellers.

 

You, if acting as a Service Seller, agree to the following:

 

• To bid only on Projects you can complete within the Buyer's time frames
• To specify payment terms and milestones
• To specify how change orders will be handled
• To specify how warranty work will be handled
• Not to submit unreasonably low bids or test bids
• Not to submit boilerplate bids
• To respond promptly, meaning one business day, to Buyer

 

Violation of these rules may result in suspension or termination of your Account.

VOIS operates in US Dollars (USD) and therefore is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars. Also, VOIS is not responsible for currency fluctuations when receiving or sending payment via wire transfer, check or ACH to and from your Account.

 

VOIS is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas and engage in a rich content experience. The Website includes proprietary information (including copyrighted works, trademarks, service marks, logos) owned by VOIS and its licensors, which we refer to as "VOIS Content."

 

Additionally, the Website includes the ability for Visitors and Registered Users to add "User Content" to personalized areas or "profiles" and to add comments, messages and other communications in various areas of the Website, which we define and refer to "User Content."

We define "User Content" as the ideas, suggestions, opinions, comments, observations, and recommendations about any issue (including those about the quality, price, description, appropriateness of use, or other information about any service or good, including any materials or content). User Content further includes all text, data, photographs, video, music, sound, chat, messages, blogs, files and any other material provided to us by VOIS Visitors and Registered Members.

 

The interactive nature of the Website makes it impossible for us to assume responsibility for any of the User Content that may be accessible to Visitors or Registered Members or may be otherwise publicly displayed or copied. VOIS does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information, statement or other User Content available on this Website. VOIS does not police or monitor feedback or comments for accuracy. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including Sellers, are those of the respective author(s) or distributor(s) and not of VOIS. Your sole recourse for any damage you may suffer as a result of User Content shall be to such User. VOIS recommends that Visitors and Members use due diligence and check referrals when engaging with other Users. You acknowledge that VOIS may or may not pre-screen User Content, but that VOIS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website, with or without notice.

 

VOIS requires certain rights to User Content to operate the Website. You hereby grant to VOIS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display all User Content solely on and through the Website and other VOIS-branded products and services and to advertise, promote, market, demonstrate, or provide instructional materials and services using commercially reasonable portions of the User Content in any form, media or technology now known or later developed. VOIS will not be required to treat any User Content as confidential and may use any User Content in its business in a manner consistent with the foregoing license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future VOIS operations.

 

VOIS hopes to consistently improve and add to the Website and business. If VOIS determines that the foregoing license is inadequate to appropriately provide for such improvements or additions, VOIS will amend these TERMS OF USE to grant VOIS such additional license rights to User Content, provided that such terms will only apply to User Content submitted by you prior to the amendment if you do not remove the User Content within thirty (30) days after the amendment is first published on the Website.

 

You represent and warrant that: (i) you own the User Content posted by you on or through the Website or you otherwise have the right to grant the license set forth in this section, (ii) the "posting" (that is, the displaying, publishing or transmitting, such as by email or otherwise, of your User Content on or through the Website) does not violate any law or regulation; and (iii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, patents, 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 User Content posted by you to or through the Website.

 

You may not infringe upon the User Content of others. For example, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any third party's User Content.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, 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 Website; (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. VOIS'S Copyright Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, VOIS, Inc., 951 Yamato Road Suite 201 Boca Raton FL 33431; Facsimile: (561) 998-3882; Attn: Copyright Agent; and email: copyright@vois.com

VOIS presents content and services for the purpose of informing, entertaining, and creating an enriched community among VOIS Visitors and Registered Members. VOIS's intent is not to provide exhaustive information or advice on a particular topic, or regarding any advice, good or service described or identified on the Website. You agree not to rely on information provided by VOIS to suggest an authoritative, accurate or even appropriate course of action for any person with respect to any subject, which includes, by way of example, the solicitation, offer or sale of goods or services related to legal, financial, educational, medical, or mental health issues or concerns. The information contained on the Website should not replace a consultation with a qualified expert in any field, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider, or therapist.

VOIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. VOIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. VOIS may establish general practices and limits concerning use of the Website. You agree that VOIS has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content provided by you or otherwise maintained or transmitted by VOIS. Such loss may be without notice to you; consequently, you should always maintain your own copy of your User Content.

VOIS contains a public Feedback/Rating System, which may consist of comments and ratings left by Members. As a Buyer or Service Seller you agree to be rated. VOIS calculates a composite feedback number based on these ratings. VOIS does not monitor or censor these opinions unless a Member brings a posting to VOIS's attention. You may be held legally responsible for damages suffered by other VOIS Members or other parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, VOIS is not legally responsible for any feedback or comments posted or made available on this Website by any Members or third parties, even if that information is defamatory or otherwise legally actionable. Violations or abuses of our rating and feedback system may be reported to Customer Service.

 

As a member you agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

 

• Leaving fake feedback for yourself or another Member
• Spamming feedback
• Feedback threats
• Feedback solicitation

VOIS will only consider removing feedback for the following reasons:

 

• Feedback that relates to non-VOIS related commercial or business purposes
• Feedback that is profane, vulgar, racist or contains adult material
• VOIS is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal
• The Member who left feedback provided VOIS with false contact information during the transaction period (as verified by VOIS) and cannot be contacted by VOIS
• Harassment
• Mistaken feedback intended for another

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools, or network-probing tools) is strictly prohibited. If you become involved in any violation of system security, VOIS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. VOIS reserves the right to investigate suspected violations of these TERMS OF USE. VOIS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VOIS to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other User Content that is believed or alleged (reasonably or not) to violate these TERMS OF USE or any law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS VOIS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VOIS DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VOIS OR LAW ENFORCEMENT AUTHORITIES.

Software available in connection with the Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.

As a VOIS Member, you accept all of the terms and conditions in the TERMS OF USE, which is effective until terminated by VOIS. VOIS reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason without prior notice. VOIS at any time may issue a warning or temporarily or indefinitely suspend or terminate your registration or Project if (i) you breach any terms and conditions of the TERMS OF USE or site policies; (ii) if we are unable to verify any information you provide to us; or (iii) if we believe that your actions may cause legal harm to our Members, to VOIS or to the VOIS user community. Without limiting the foregoing, the following will lead VOIS to terminate a user's use of the Website: (i) breaches or violations of these TERMS OF USE or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) unexpected technical issues or problems; and (v) extended periods of inactivity.

 

You agree: SHOULD VOIS SUSPEND OR TERMINATE YOUR REGISTRATION, VOIS HAS THE RIGHT BUT NOT THE OBLIGATION TO NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE PROJECTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED REGISTRATION STATUS AND PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION. Once suspended, you will not be permitted to use the Website with the same Account or with a different Account under a new name. If your Membership is terminated, you will no longer have access to all offerings within the Website, and you may be barred from further use of the Website. Further, you will no longer have access to data, messages, files and other material you kept on the Website. You understand that termination of your Membership may result in the permanent loss of all information associated with your account, including previous posts and bids. Consequently, you should maintain your own copies of all of your information and content.

 

You agree: SHOULD VOIS SUSPEND OR TERMINATE YOUR REGISTRATION, VOIS HAS THE RIGHT BUT NOT THE OBLIGATION TO NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE PROJECTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED REGISTRATION STATUS AND PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION. Once suspended, you will not be permitted to use the Website with the same Account or with a different Account under a new name. If your Membership is terminated, you will no longer have access to all offerings within the Website, and you may be barred from further use of the Website. Further, you will no longer have access to data, messages, files and other material you kept on the Website. You understand that termination of your Membership may result in the permanent loss of all information associated with your account, including previous posts and bids. Consequently, you should maintain your own copies of all of your information and content.

 

Furthermore, you agree that VOIS shall not be liable to you or any third party for any termination of your account or access to the Website. If your Membership is suspended or terminated, you will be required to pay VOIS for all fees owed to VOIS and reimburse VOIS for all losses and costs (including any and all VOIS employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. Any monies held within VOIS will not be released until all fees owed are reimbursed and reasonable expenses paid.

 

In the event you lose your account or had your account cancelled, you may be blocked from our system by your IP address. If you share an IP address with a person who has lost privileges at VOIS, the system may not allow you access to the Website.

Nothing about any use of the Website or in this agreement is to be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and VOIS.

 

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in Florida may be contacted in writing at Florida Department of Agriculture and Consumer Services Division of Consumer Services

 

Terry Lee Rhodes Building
2005 Apalachee Parkway
Tallahassee, FL 32399-6500

 

or by calling

 

Main Office Line:

 

850-488-2221

 

Consumer Services Hotline:

 

1-800-HELP-FLA (435-7352) - Florida only 1-800-FL-AYUDA (352-9832) - En Espanol 850-488-2221 - Calling from outside of Florida

Upon your request, you may have this Agreement sent to you by email. Please feel free to contact VOIS to resolve a complaint regarding any aspect of service relating to this Site.

ALL SERVICES PROVIDED BY VOIS ARE PROVIDED "AS IS," AND WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, USAGE OR TRADE. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Except for the payment of fees to VOIS, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.