No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. Exposed Vocals Services are provided on an “as is” and “as available” basis. Exposed Vocals and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Exposed Vocals and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or Content; (b) Exposed Vocals makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Exposed Vocals does not promise that Content you upload, store, or share using the Service will be maintained by Exposed Vocals. You are solely responsible for creating backup copies of and replacing any and all Content, at your own cost and expense. You agree that Exposed Vocals has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content. Exposed Vocals retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Exposed Vocals will not routinely screen, monitor, review or revise Content uploaded, stored, or shared using the Service. However, Exposed Vocals may review any such Content and Exposed Vocals reserves the right to refuse to accept, store, or permit the sharing of any Content, to remove any Content from the Service, and to prevent the uploading, storage, or sharing of any Content. Exposed Vocals does not endorse or support any Content. Exposed Vocals does not guarantee the accuracy or reliability of any Content. Exposed Vocals does not guarantee that Content does not infringe third party rights, including intellectual property rights. Exposed Vocals does not guarantee that Content will not be harmful or offensive. Exposed Vocals does not guarantee that Content will comply with these Terms of Service. You acknowledge that any use of or reliance on Content obtained through the Service will be at your own risk. If you become aware of any Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Exposed Vocals.
Exposed Vocals permits the uploading of Content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, Exposed Vocals does not guarantee any confidentiality with respect to any uploads.
Exposed Vocals provides its website as a service to its users. However, Exposed Vocals assumes no responsibility whatsoever for monitoring the Exposed Vocals Services for inappropriate Content or conduct. Exposed Vocals assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User uploads of any such Content. Exposed Vocals may review and delete any User uploads that, in its sole judgment, violates these Terms and Conditions or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Indemnity
You agree to defend, indemnify and hold harmless Exposed Vocals, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of these Terms and Conditions or other Exposed Vocals policies.
Limitation of Liability
Your use of Exposed Vocals is at your own risk. If you are dissatisfied with any aspect of our Service or with these Terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service and receive a refund of the unused portion of any fees you paid Exposed Vocals. You expressly understand and agree that Exposed Vocals shall not be liable for any indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Exposed Vocals has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Exposed Vocals may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Exposed Vocals servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Exposed Vocals may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
Termination
Without limiting other remedies, Exposed Vocals may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer’s account and refuse to provide Services to Customer if: (a) Exposed Vocals believes that Customer has violated or acted inconsistently with these Terms and Conditions, or any of our policies; or (b) Customer has failed to pay fees or other payments due to Exposed Vocals; or (c) Exposed Vocals is unable to verify or authenticate any information Customer provides to Exposed Vocals; or (d) Exposed Vocals believes that Customer’s actions may cause legal liability for Customer, h Exposed Vocals other clients, or Exposed Vocals. Exposed Vocals may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice and acknowledge and agree that Exposed Vocals may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Exposed Vocals shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of these Terms and Conditions by either Customer or Exposed Vocals, all of Customer rights under these Terms and Conditions, and Exposed Vocals provision of Services, will terminate immediately.