Third Voice, Inc., owns and operates the Third Voice Web site, "browser enhancer" software and service ("Service"). The Service is provided to each member ("Member") under specific terms and conditions of service called the Third Voice Service Terms and any amendments, operating rules or policies that may be published by Third Voice (TVST). The TVST is the entire agreement between Member and Third Voice. The TVST also supersedes all prior agreements between Third Voice and the Member regarding the subject matter herein. Please read the entire TVST, before deciding whether to be bound to the TVST.
SERVICES AND MEMBERSHIP
Third Voice, Inc., provides interactive "browser enhancer" software for Internet users to explore fully the World Wide Web by connecting them with Web sites, goods and services, and discussion groups of interest. Third Voice's unique software also features tools for members to post and read topics about virtually any Web page in the world.
Third Voice will not charge Member for this Service. As a condition of membership, Member agrees to provide certain current, complete, and accurate information about Member as prompted to do so by the Service and agrees to maintain and update this information as required to keep it current, complete, and accurate. Information requested upon registration shall be referred to as Member Information. If any Member Information provided by Member is inaccurate or incomplete, Third Voice reserves the right to terminate Member's membership and rights to use the Service.
In order to use the Service, Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet and pay any telephone service fees associated with such access.
Member acknowledges and agrees that the Member's use of the Service, including the Third Voice software, is personal and voluntary. Member may only be an individual, not a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of Third Voice.
From time to time, Third Voice may change the terms and conditions of the TVST. Upon any change in the terms and conditions of the TVST, Third Voice will generally notify Member by posting the changes as a start-up screen prior to the Member's subsequent use of the Service. If the Member agrees to be bound by the changes, the Member must again click the "I Accept" button that will follow the posted changes. If the Member does not click the "I Accept" button, the Member may terminate his/her use of the Service at that time. Member acknowledges and agrees that Member's continued use of the Service constitutes an acknowledgment by Member of the TVST and its modifications, and agreement by Member to abide and be bound by the TVST and its modifications. Third Voice fully reserves the right to modify or discontinue the Service with or without notice to Member. Third Voice shall not be liable to Member or any third party should Third Voice exercise its right to modify or discontinue the Service.
MEMBER POSTINGS AND CONDUCT
Member acknowledges and agrees that content the Member views or posts is at the Member's own risk. The views expressed by Members' do not necessarily reflect the views of Third Voice. Third Voice does not support or endorse any content or otherwise provided by any of Third Voice's Members.
Member is solely responsible for the contents of his or her postings through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees to comply with US law regarding the transmission of technical data exported from the United States through the Service; agrees not to use the Service for illegal purposes; agrees not to interfere or disrupt networks connected to the Service; and agrees to comply with all regulations, policies and procedures of networks connected to the Service. Member's conduct is subject to Internet regulations, policies and procedures.
Member agrees not to transmit through the Service any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service. Third Voice may, in its sole discretion, immediately terminate Member's membership should Member's conduct fail to conform with the letter or spirit of these terms and conditions.
PARENTS: Some material accessible through the Service may be of a mature nature. There are commercially available products, such as filtering software and similar tools, to assist you in material you may find harmful to minors. Third Voice does not allow Members who are under 13 years of age to use the Service. Member represents and warrants that Member is not under 13 years of age.
Member acknowledges and agrees that Third Voice assumes no responsibility for the deletion or failure to store information contained in posts by Members. Postings may be purged periodically at Third Voice's discretion based on volume of activity, disk usage, usability/readability of web page, etc.
PRIVACY POLICY
Third Voice's policy is to respect the privacy of its Members. Third Voice generally will not disclose Member's personally identifiable information, unless requested to do so by the Member or unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Third Voice; (2) protect and defend the rights or property of Third Voice; or (3) act under exigent circumstances to protect the personal safety of its Members or the public.
Member grants Third Voice the right to disclose to third parties certain Member Information or any other information about Member's use of the Service in the aggregate. Such disclosures will exclude Member's name, mailing address, email address, and account, unless Member expressly directs Third Voice to disclose such information or as provided in this TVST or the Privacy Statement.
Member acknowledges and agrees that certain technical processing of Third Voice posts may be required from time to time.
The full text of Third Voice's Privacy Statement can be found in the following page, http://www.thirdvoice.com/about/privacy.htm.
INDEMNIFICATION
Member agrees to indemnify and hold Third Voice, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TVST by Member, or the infringement by Member, or other member of the Service using Member's computer, including third parties, of any intellectual property or other right of any person or entity.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges and agrees that information or content, including but not limited to text, graphics, software, music, sound, photographs, video, or other material contained in either sponsor advertisements, postings, web pages or email-distributed on or through the Service, by Third Voice or Third Voice's Advertisers or other third parties, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use any content received through the service for any commercial use, except the express written authorization of the content owner. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute content available through the Service, including code and software, in violation of applicable copyright and other intellectual property laws.
NOTICE
Notices to a Member or to Third Voice shall always be in writing and shall be made either via email or conventional mail. In addition, Third Voice may broadcast notices or messages through the Service to inform Member of changes to the TVST, the Service, or other matters of importance; and such broadcasts shall constitute notice to Member.
TERMINATION
Third Voice, in its sole discretion, may terminate the Service or the Member's membership with or without cause, at any time and effective immediately. Reasons for termination include, without limitation, accessing the Service without authorization, transmitting volume electronic replication or posting of topics/messages, e.g. "spamming", or violating any term of the TVST. The termination by Third Voice may be made by an e-mail message to the Member, or any other form Third Voice deems appropriate. Third Voice shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TVST or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership. Upon termination of the Service, Member's right to use the Service and any software provided by Third Voice immediately ceases.
JURISDICTION
The agreement shall be interpreted by and governed according to the laws of the state of California, excluding its conflict of law provisions. Member and Third Voice agree to submit to the exclusive jurisdiction of the courts of the state of California in the county of Santa Clara. Third Voice's failure to exercise and/or enforce any right or provision of the TVST shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Third Voice in writing. Member and Third Voice agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose or such cause of action is permanently barred.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
MEMBER ACKNOWLEDGES AND AGREES EXPRESSLY THAT USE
OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WHERE THIRD VOICE EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON- INFRINGEMENT.
THIRD VOICE ALSO MAKES NO WARRANTY THAT THE SERVICE
WILL MEET THE MEMBER'S REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. THIRD VOICE IS NOT RESPONSIBLE FOR THE
CONTENT OF MESSAGES DISTRIBUTED THROUGH MAILING
LISTS AND ASSUMES NO RESPONSIBILITY FOR AND MAKES
NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS
OF INFORMATION DISTRIBUTED ON OR THROUGH THE
SERVICE.
THIRD VOICE MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY MEMBER FROM THIRD VOICE OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
THIRD VOICE SHALL NOT BE LIABLE FOR ANY DAMAGES,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF THIRD VOICE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THIRD
VOICE IS NOT RESPONSIBLE FOR THE CONTENT OF
MESSAGES DISTRIBUTED ON OR THROUGH THE SERVICE, AND
ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY
OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF
INFORMATION DISTRIBUTED THROUGH THIS SERVICE.
MEMBER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S
OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
MEMBER ACKNOWLEDGES AND AGREES THAT BY
COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I ACCEPT" BUTTON BELOW, THAT MEMBER HAS AGREED
