TERMS AND CONDITIONS

Disclaimer

Lazarillo Networks, S.L.U is a company registered in the Mercantile Register of Santa Cruz de Tenerife, tome 3258, folio 121, sheet TF-51182 and with the C.I.F. B76592120, based at C/ Santiago Sabina, 4 - B6 - 1D 38007 Santa Cruz de Tenerife (Spain)

Domain name http://voiver.com is ownership of Lazarillo Networks, S.L.U. and the service provided on this site (hereinafter Voiver) is done by Lazarillo Networks, S.L.U.

The contact email address is support@voiver.com

Service Conditions

The service provided through this website (hereinafter Voiver) is provided in these Terms and Conditions governing the use of the Site and the conditions of use of the service through it. By using the Site, either as a visitor, registered user or subscriber, you (hereinafter User) agree to these terms of use in its entirety and unreserved.

The operator responsible for the website Voiver.com and service provider is the registered entity Lazarillo Networks, S.L.U. (hereinafter Voiver), whose full details are contained above in the Disclaimer.

Voiver provides a marketplace service where buyers can order voiceover projects to registered voiceover talent.

  1. Contract Parties

    The following terms and conditions ("Terms") of Voiver, govern the contractual relationship between Voiver and individuals registered users.

    By using the Site and / or Services, the User warrants and declares that has sufficient capacity to be bound in accordance with the law governing his own place of residence or nationality.

  2. Registration and formalization of the Contract
    1. Using Voiver has as a precondition the registration by completing a registration form and accepting the terms of use and privacy policy however non registered users are still able to search for profiles and view a limited version of the site. Both registered and non registered users accepts this Terms of Service.

      The contract between the party interested and Voiver is formalized by the action of Web registration and after express acceptance of these Terms.

    2. Procedure for the formalization of the Contract of Use

      The formalization of a contract of use can be made as follows:

      The requested user or professional asks for the formalization of a contract for the use of the website by filling, confirming and sending the registration form and after accepting the Privacy Policy and Terms. The system will collect and forward this registration confirmation automatically generated by the system with a link that will confirm the receipt of the application for registration to the email address indicated.

      By sending the link will be formalized a contract between Voiver and the User to use the services of its own.

    3. Registration

      The registration can only be completed by adult people with full capacity to be bound.

      By using the Site and / or Services, the User warrants and declares that has sufficient capacity to be bound in accordance with the law governing hisown place of residence or nationality.

  3. Website use by the users
    1. The user can be both a free services user offered by Voiver as well as a subscriber of the payment services shown later in the Fees section. In any case, the use of services would require the registration by filling all required information on the Registration page and creating a user name and password.
    2. The User is solely responsible for the confidentiality of the username and the corresponding password. So it will be fully responsible for any use, by accessing with his user name and password, of the service done by Voiver.
    3. Voiver may restrict or prevent access to services without prior notice if:
      • The user violates any of these Terms of Use or the rights of industrial or intellectual property of Voiver.

      • The user uses the service for illegal or criminal purposes

      • There is suspicion of unauthorized use of username and password.

      • By unpaid or chargeback of any subscription fee.

  4. Using website for Users: Terms, fees, payment terms and penalties.

    Voiver provide access to a voiceover marketplace where voiceover artist can publish their profiles, demos and fees and buyer can hire them to do voiceover related jobs.

    1. Modalities of service

      Both voiceover artists and service buyers can registerd at Voiver for free. There are no monthly payments though Voiver will increase voiceover artists rates with a service fee.

    2. Fees

      Voiceover artists with an active profile at Voiver will set their own rates and Voiver will increase them with a porcentual service fee.

    3. Terms of payment

      Payment for the services will be carried out prior to the service. Voiver will keep the voiceover artist rate until the work is successfully completed.

      Voiver offers the following forms of payment for the use of the service.

      • PayPal.

      • Credit Card (Visa, Mastercard, AMEX)

      Fraud Protections

      To confirm the titularity or funding availability, and in order to protect against potential fraud, Voiver reserves the right may take steps to verify the validity of the credit card information by debiting an amount between $0.01 and $0.99 from user´s account and then immediately crediting the same amount to the Paypal or credit card account provided by the user.

      The User, by accepting these terms, expressly agrees to perform such operations.

    4. Contents included by Users

      The texts, music, images, audio recordings, drawings or graphic expression, artistic and intellectual introduced by the users shall be under their sole responsibility.

      Given the nature of the service, Voiver finds impossible the control of the contents posted by the users, and the user recognizes that, when accepting these Terms. The user assumes expressly any liability of any kind arising from the elements introduced by him in the template.

      The user expressly acknowledges that Voiver only provides a tool in which elements are introduced by the user under his absolute and total responsibility and that it is impossible to Voiver the control over them.

      Anyhow, the User agrees to abstain from introducing, for the use in the tool, the following contents:

      • Illegal Content

      • Content considered pornographic, vulgar or obscene, harassing or that may be considered in some way as offensive issues even if they are not violating the law.

      • Irrelevant and uncertain descriptions

      • Extremist, racist or xenophobic content or content posted by banned groups

      • Content interferes third parties rights (including people rights, intelectual property rights, copyright, patent rights and any other third partie right).

      • Content that could be considered commercial advertising or spam

      • Content that could harm the public image, reputation or brand of Voiver and that of its partners, employees, other service users or third parties.

      Voiver reserves the right to suspend or terminate the user who use or enter any of such mentioned content. Being not refundable to the user in this case, the user remaining subscription which has not used.

      In any case, it is understood that there is a reasonable suspicion in terms of the foregoing paragraphs if Voiver was warned by others, rights holders or not, of the existence of any of the actions mentioned in the preceding paragraphs. And will be so, unless it can be deducted undoubtedly the lack of veracity of this warning.

      The un-subscription and exclusion of the service is reversible, once it is established that the suspicion was unfounded. But in no case will fit right to compensation by the User who isn´t entitled to claim any compensation for this case which expressly disclaims when accepting these Terms.

    5. Content downloaded from or to Social Network or any other Internet service

      Voiver among its technical services, can offer the user the technical ability to import or export to or from other Internet services or social networks, material or contents.

      The user expressly acknowledges that Voiver offers exclusively, and when appropriate, the necessary support for such operations and that under no circumstances can exert some control work on own content.

      The User expressly states the ownership or having the license to any content uploaded to or from other Internet services.

      Likewise, the User states that such services are completely unrelated to Voiver. The user meets all the terms and conditions required by each of these Internet services or social networks. And under such acknowledgments, will respond to any claims, damages, indemnification, compensation or any other costs that the its use thereof would be generated to Voiver.Including advisory fees and legal expenses.

    6. Using audiorecordings

      All voiceover projects are full buyout; voiceover artists will not receive any future income or royalties for their work and buyers can use recordings in any product they want during the maximum amount of time allowed by law.

      The User agrees at all times to respect the law of his place of residence about the use or display of audio recordings and assumes any liability from its display or use.

      The vulneration of any terms of this contract would eliminate the license and, if necessary, automatically resolve this contract without the user may require reimbursement for the amounts paid in case of subscription services nor require compliance therewith.

  5. Contractual obligations of users
    1. Users are required to protect their access data to Web sites against unauthorized use of these by third parties. The access data, especially the password can not be disclosed, transferred or transmitted in any way. The user is responsible for any unauthorized conduct made ​​possible by abuse or illegitimate access to your data for use associated Voiver services due to negligent or willful attitude of the user or professional in the custody of their access data.

      If user was aware that their login information has been disclosed to third parties, then he will be obliged to change his password immediately. If this is not possible, he should report immediately to Voiver.

    2. During the registration process, the user or professional is required to provide an e-mail address and a postal address where he would be always reachable. The users agree to use this email address as the address for notification purposes in the context of their relationship with Voiver.

    3. The valid email address of the user or professional is solely the last one provided to Voiver. In case of change it, the user is obligated to immediately provide a new email address to Videlean. The User shall be responsible for any effects or damage caused by a possible lack of notification of the new E-mail address.

    4. The User agrees not to use or forward to mechanisms, nor software nor other scripts in relation with the use of web sites that may endanger, damage or destroy the functionality or availability of platforms, including the contributions that contain viruses or the pyramid schemes, the bulk email ("spam"), chain mail or any service which could paralyze the website services.
    5. The User agrees not to modify, overwrite or delete any content created or managed by Voiver or other user or professional.

    6. The registered user assumes the costs to provide the technical means to use Voiver services, and in particular, the hardware, the software (eg Internet browser) and telecommunications services and data transmission.

      Voiver does not guarantee the compatibility of its services with the individual hardware equipment and software of the user's computer.

  6. Intellectual property, content and use of the downloaded videos.
    1. Ownership of Voiver
      • Voiver owns the rights of intellectual property of the Website, and is also the owner or has the appropriate license to intellectual property rights, industrial and image of all the content available through itself except all user generated content which belong to the author.

      • Under any circumstances shall the access, navigation or use of the service by the User implies a waiver, license or transfer of all or part of such rights by Voiver.

      • User expressly acknowledges that use of the service to which the contract will not create any right transmission of any intellectual or industrial property or grant to this user any license over the contents held by Viedolean outside of what is proper to the service and limits set out in section 4.5 of these Terms.

    2. Prohibition of availability
      • Consequently, it is not permissible to omit, evade or manipulate the copyright notice ("copyright") and any other identifying data of Voiver rights, as well as technical protection devices, digital fingerprints or any information mechanisms and / or identification that might be contained in the contents.

      • Likewise, it is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent copies, upload files, post, transmit, use, process or distribute in any way all or part of the content contained on the Site web in a different way of use that is proper to the service provided by Voiver if you do not have the express written permission of Voiver.

      • Hiring voiceover services does not generate rights of any intellectual property onto audio recordings; just give you right to use.

        The User expressly acknowledges that use of the service provided by Voiver does not generate intellectual property rights over the whole of the work resulting from the use of templates as part of the service.

        This is without prejudice to the rights of intellectual property for the items entered by the user in the templates. Elements on which they will understand the possible rights of industrial or intellectual property for themselves independently from the set resulting out of using the service.

    3. Web site usage

      Except as permitted under these Terms and Conditions applied to the templates available for users, and the use of them as corresponds, it is expressly forbidden:

      • The publication of any material contained on this website in any medium, as well as the sale, rental, display, reproduction, copying or any other form of exploitation of material on the site for commercial purposes.

      • Edit or otherwise modify any material on the Site;

      • Use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility.

      • Use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

      • Conduct any systematic or automated data collection activities on or in relation to the Site without the Company’s express written consent.

    4. Voiceover services buying, hiring and usage

      All voiceover projects are full buyout; voiceover artists will not receive any future income or royalties for their work and buyers can use recordings in any product they want during the maximum amount of time allowed by law.

      Type of project are only specified as a reference so voiceover artists can set different rates for different type of projects but buyers can use the recordings for any purpose.

      Voiceover artists my cancel the project after script and details submission if they consider project details does not fit in what client has hired..

      Voiceover artists will set their rates so VOIVER will create automated quotations for client searches. Voiceover artists set their rates per time unit and type of work specifying exact net amount they want to earn and VOIVER will calculate final price adding a commission percentage.

      Voiceover artists will receive payments after works are completed and marked as approved by customers. Depending on volume Voiver my do monthly payments to the voiceover artists.

      Clients may ask for free revisions as long as they don't make any change in given script or key instructions. If there is a disagreement we'll open a dispute and will analyze the case and will decide what to do.

  7. Voiver performance, the availability of web sites

    Voiver offers service availability, as described in these Terms, and ensures a technical accessibility to websites of 97% of the month.

    Without prejudice to the generality of the foregoing, Voiver can not guarantee that:

    • The Website or Services will be constantly available, or available at all or
    • The transmission of data to or from the site to be of a minimum speed
  8. Voiver Liability, liability limitations
    • The only function of Voiver is to provide a service which eases the creation of videos with pre-designed templates for service users. Thus, both parties-Voiver and Users- acknowledge that the activity and responsibility is limited to the adequate supply of the service.

    • Voiver is not responsible for the subsequent use made users of the videos which result from the services contract between Voiver and their users.

    • The user expressly assumes full responsibility for any claims against Voiver, as a consequence of the use that user makes with the videos, made with this service. Including possible legal defense costs, legal proceedings or administrative sanctions.

    • Voiver only be held responsible for damages and malpractice caused by the wilful breach or negligent of the obligations conferred by these Terms and Conditions.

    The use of Voiver site or the services provided are under the user's own risk. Given the circumstances of the environment, Voiver, despite having taken all reasonable steps to guarantee this, cannot absolutely guarantee that the content associated with the service is free of errors or that the use of such material does not infringe third parties rights.

    Voiver cannot either guarantee that the functional aspects of the site are free from errors or that the site or the servers that make it available are free of viruses or other harmful components. Voiver reserves the right to correct any errors in its website.

    If the use of the Website or the results of other content or services generate the need for servicing or replacing property, material, equipment or data, or cause injury to persons or damage to property, the Company is not liable for the costs generated.

    The user must take, at the same time, protective measures on his computers as is generally considered appropriate.

    In any case, as a user, expressly admits that the maximum liability for damages that will face Voiver would be 500 USD and only for paid subscribers.

    As a free user of the service, expressly recognizes that Voiver won´t responsible for damage caused to this free user unless intentionally or with gross negligence, the law provides otherwise.

  9. Changes in Terms and Conditions

    Voiver reserves the right to change or extend these terms and conditions in the future. Any changes or additions will be at the discretion of Voiver, indicated on the Web or emailed to each user individually registered to the email address registered at the time of the changes.

    If the User does not object explicitly before the end of the term of his subscription in force, or otherwise within one month, changes or additions, they are considered as accepted.

  10. Penalties, termination and revocation
    1. Voiver reserves the right, always with respect for the legitimate rights and interests of the user, when occurs an evidence of a breach against the laws, third party rights or breach of its obligations under these Terms and Conditions, to do as follows:

      • conduct warning to users to cease the harmful activity

      • restrict the use of Websites

      • extraordinary termination and decommissioning of the user account

    2. Termination of the agreement on the use

      • extraordinary termination and closure of account by Voiver

        Voiver reserves the right to terminate the contract with the user or professional extraordinarily and prevent access to websites when:

        • provides false contact information, including a false or incorrect email address.

        • transmits or transfer his account to another user.

        • generates damages or harm to other users.

        • harms the reputation or public image of Voiver.

        • commits activities, or gives opinions or anything which includes illegal or offensive content.

        • engages in any activity that is understood as not appropriate within the operational Voiver.

        • failure or refusal of the charge on your card or account.

        In case of termination and cancellation of the account by Voiver under the terms indicated, the user or professional, object of this penalty, is not entitled to recovery of the blocked account. In this case is barred the access to website or a new registration, even through other accounts or other user names.

      • termination of the contract by the user

        The user may terminate the contract at any time by written just in case of have signed using the service periods longer than one month and where he has reached at least the first month subscription.

        Termination of the contract entitles the user to the partial refund of the service in that month which has not been used. Taking as reference to calculate the part of the contract pending of use by the user:

        • To users with option 'Agency': the 15 templates that are entitled to use of all the available on the Web.

        • The users with option ‘Marketer’: the number of templates available in the chosen category at the moment of subscription or renewal or a number of downloads higher than three times the number of templates available in the category.

        In monthly subscriptions, will not fit right to terminate the contract by the User.

        In 'Pay Per Use' will not be the right to resolution even if they are not consumed the downloads that the user was entitled in accordance with these Terms

      • a due cancellation of the contract by Voiver

        Voiver may terminate the existing contract with any User at any time.

        The notice of termination of the contract in force by Voiver will be made in writing to the email address listed as notifications address.

        Voiver, in case of unilateral termination of the contract, is required to reimburse the amount paid by the user and not used yet.Taking as reference to calculate the part of the contract pending of use by the user:

        • To users with option «Agency»: the 15 templates that are entitled to use of all the available on the Web.

        • The users with option «Marketer»: the number of templates available in the chosen category at the moment of subscription or renewal or a number of downloads higher than three times the number of templates available in the category.

    3. Method of canceling a contract

      Termination by User or Professional must be in written, by e-mail sent from the email the user has registered in his Voiver account.

      Cancellation by Voiver may be in writing, by fax or by email.

  11. Applicable law and jurisdiction, nullity

    The contract contained in these Terms and Conditions is subject to Spanish Law.

    The parties on the contract subject to these Terms and Conditions agree to submit to any discrepancies on the purpose, content or interpretation of them, to the Courts of Santa Cruz de Tenerife in all cases where a mandatory law does not designate otherwise.

    If one or more of the provisions of these Terms and Conditions be declared void by a court, such declaration of invalidity shall not affect the validity of the remaining provisions of the contract, which shall remain valid, applicable and enforceable to the parties.