TRANSMEDIANET INC.
Terms & Conditions
The following are the terms and conditions for use of TransMediaNet's products and
services. Please read them before you begin using any of our products and/or services
and contact us if you need further clarification. By using any of our products or
services, you implicitly agree to be bound by the terms of use outlined below.
USE AND SECURITY
To begin using our products/services offered by TransMediaNet.com Inc., you must enter
your recipient's e-mail address, user ID and/or password, depending on the
product/service you are choosing to use. Your e-mail address and password is required
to record your message for VoizMail. You are entirely responsible for any and all
activities that occur under your accounts. You agree to notify TransMediaNet immediately
of any unauthorized use or any other breach of security.
MEMBER PRIVACY
It is TransMediaNet's policy to respect the privacy of its members. TransMediaNet will not
monitor, edit, or disclose any personal information about you or your VoizMail use,
including its contents, without your prior permission unless TransMediaNet has a good faith
belief that such action is necessary to: (1) conform to legal requirements or comply
with legal process; (2) protect and defend the rights or property of TransMediaNet; (3)
enforce the terms of use; or (4) act to protect the interests of its members or others.
TransMediaNet does provide certain user information in aggregate form to third parties,
including its business partners and advertisers, for demographics. In addition, your
Internet Protocol address is transmitted with each message sent from your VoizMail
messages. By agreeing to these terms, you agree to our use of your information as set
out in the TransMediaNet Privacy Policy.
MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
VoizMail messages are stored for 10 days with no maximum number of messages per
user. You agree that TransMediaNet is not responsible or liable for the deletion or failure to
store voice messages.
MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of
VoizMail, or the resale of its services, is expressly prohibited. You agree to abide by all
applicable local, state, national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your usage, including the content
of your transmissions through VoizMail. By way of example, and not as a limitation, you
agree NOT to:
A.use the Service in connection with chain letters, junk email, spamming or any
duplicative or unsolicited messages;
B.harvest or otherwise collect information about others, including email addresses,
without their consent;
C.create a false identity or forged email address or header, or otherwise attempt
to mislead others as to the identity of the sender or the origin of the message;
D.transmit through the service unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or
nature;
E.transmit any material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of publicity;
F.Transmit any material that contains viruses, Trojan horses, worms, time bombs,
cancel bots, or any other harmful or deleterious programs;
G.violate any U.S. law regarding the transmission of technical data or software
exported from the United States through the service;
H.interfere with or disrupt networks connected to the service or violate the
regulations, policies or procedures of such networks;
I.attempt to gain unauthorized access to the service, other accounts, computer
systems or networks connected to the service, through password mining or any
other means; or
J.interfere with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
DISCLAIMER OF WARRANTIES
TransMediaNet provides voice to e-mail service, which may include information and links to
content from third parties. TransMediaNet does not control in any respect any information,
products or services offered by these third parties. The materials available through
VoizMail and any third party are provided "as is" and "as available" and without
warranties or conditions of any kind either express or implied. To the fullest extent
permitted by applicable law, TransMediaNet expressly disclaims all warranties and
conditions, express or implied, including, but not limited to, implied warranties and
conditions of merchantability, merchantable quality, correspondence to description and
fitness for a particular purpose. TransMediaNet does not represent or warrant that the
service materials will be uninterrupted or error-free, that defects will be corrected, or
that this site or the server that makes it available, are free of viruses or other harmful
components. TransMediaNet does not warrant or represent that the use or the results of
the use of the materials available through the service or from third parties will be
correct, accurate, timely, reliable or otherwise.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including,
but not limited to, negligence, shall TransMediaNet be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or the inability
to use the service, any changes to the service, unauthorized access to or alteration
of your transmissions or data, any material or data sent or received or not sent or
received, or any transactions entered into through the service. You specifically agree
that TransMediaNet is not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. If you are dissatisfied with the
service, the materials available on or through the service, or with any of TransMediaNet's
terms and conditions, your sole and exclusive remedy is to discontinue using VoizMail
and/or any of TransMediaNet's other products and services.
INDEMNIFICATION
You agree to indemnify and hold TransMediaNet, its affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or conduct on the
service.
TERMINATION
TransMediaNet may terminate the service with or without cause at any time and effective
immediately. In addition, TransMediaNet, in its sole discretion, may terminate your VoizMail,
TalkZone, TalkPoint, Voice Persona or any other account for violation of the letter or
spirit of the TOS. If you wish to terminate your account, your only recourse is to
discontinue use of VoizMail, TalkZone, TalkPoint, Voice Persona or any other account
NO SPAMMING AND DAMAGES
TransMediaNet will immediately terminate any user who it believes, in its sole discretion, is
transmitting or is otherwise connected with any spam or other unsolicited bulk email.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with advertisers on the service or participation in promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or promotions,
are solely between you and the advertiser or such other third party. TransMediaNet shall
not be responsible or liable for any part of any such dealings or promotions.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information presented to
you by the service, by TransMediaNet, or TransMediaNet's advertisers or other content
providers, is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You may make a copy of this content for your personal,
non-commercial use only, provided that you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce, republish, upload, post,
transmit, or distribute in any way content available through the service, including code
and software.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
TransMediaNet reserves the right to change the terms of use or policies regarding the use
of the service at any time and to notify you by posting an updated version of the
terms of use on the VoizMail site.
LAWS
The terms of use shall be governed by and construed in accordance with the laws of
the state of Singapore.
You and TransMediaNet agree to submit to the exclusive jurisdiction of the courts located
in Singapore. California. If any provision(s) of the terms of use is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect.
TransMediaNet's failure to exercise or enforce any right or provision of the terms of use
shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by TransMediaNet in writing.
You and TransMediaNet 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;
otherwise, such cause of action is permanently barred.
The section titles in the terms of use are solely used for the convenience of the
parties and have no legal or contractual significance.