Illustrative Voices Terms of Service
Welcome to Illustrative Voices and our Terms of Service (these “Terms”). These Terms apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, our “Services”) provided by Illustrative Voices, Inc. (“Illustrative Voices,” “we,” “us” or “our”). Certain Illustrative Voices products may be available at third-party stores, not owned or operated by Illustrative Voices, that license our branding (specifically the stores on Van Ness in San Francisco and Paseo de San Antonio Walk in San Jose, as well as the Illustrative Voices Truck) (collectively, the “Third-Party Branded Stores”). These Terms do not apply to any Third-Party Branded Stores, which may have their own terms and conditions that govern their services. In the event of any conflict between these Terms and any terms and conditions provided by Third-Party Branded Stores, these Terms will control. Illustrative Voices has no responsibility for the content, policies, or actions of any Third-Party Branded Stores (or their websites). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18, do not access or use our Services or order, receive or use products made available through the services (collectively, the “Products”).
We may make changes to these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, posting the amended Terms to our Services or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
You must be at least 18 years of age to access or use our Services. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2 USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for an Illustrative Voices account (“My Illustrative Voices Account”) to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. If you check out without creating a My Illustrative Voices Account, you will still be required to provide an email address, which will be used to track your transactions.
3 ELECTRONIC COMMUNICATION
By creating an Illustrative Voices Account or providing an email address, you also consent to receive electronic communications from Illustrative Voices (e.g., via email or by posting notices to our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. If you create a My Illustrative Voices Account using your email address, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or by contacting marketing@IllustrativeVoices.org.
5 USER CONTENT
Our Services may allow you and other users to create, post, submit, share or store content, including, but not limited to, reviews, messages, text, photos, videos, and other materials (collectively, “User Content”) Except for the license you grant below, you retain all rights in and to your User Content, as between you and Illustrative Voices.
You grant Illustrative Voices a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you submit or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may become available to the public.
You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6 PROHIBITED CONDUCT AND CONTENT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using our Services. You agree that you will abide by these Terms and will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop any third-party applications that interact with our Services without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access our Services, extract data or otherwise interfere with or modify the rendering of our Services’ web pages or functionality;
Use our Services in any manner that could create an impression of affiliation, sponsorship, or endorsement by Illustrative Voices;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or
Use or attempt to use another user’s account without authorization from that user and Illustrative Voices.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Illustrative Voices or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
7 LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively the “Illustrative Voices Content”) are owned by or licensed to Illustrative Voices and are protected under both United States and foreign laws. Except as explicitly states in these Terms, Illustrative Voices and our licensors reserve all rights in and to our Services and the Illustrative Voices Content.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Illustrative Voices Content for your own person use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially our Services or Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform or publicly display any Illustrative Voices Content, except as expressly permitted by us or our licensors; (c) modify the Illustrative Voices Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Illustrative Voices Content; (d) use any data mining, robots or similar data gathering or extraction methods, (e) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent; and (f) use our Services or Illustrative Voices Content other than for their intended purposes. Any use of our Services or Illustrative Voices Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
You may create a text hyperlink to our Services for noncommercial purposes, provided that such link does not portray Illustrative Voices or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You may not use the Illustrative Voices logo or other proprietary graphic of Illustrative Voices to link to our Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Illustrative Voices trademark, logo or other proprietary information, including the images found on our Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on our Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Illustrative Voices or any third party.
We may establish hyperlinks between our Services and one or more websites operated by third parties. Illustrative Voices makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services, or websites linking to our Services. Such sites are not under the control of Illustrative Voices and Illustrative Voices is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Illustrative Voices provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.
9 THIRD PARTY CONTENT
Illustrative Voices may provide third party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third Party Content”) as a service to those interested in this information. Illustrative Voices does not monitor or have any control over any Third-Party Content or third-party Web sites. Illustrative Voices does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Illustrative Voices does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
10 OPEN SOURCE SOFTWARE
Our Services may also contain third party software that is subject to open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions, available at Illustrative Voicescoffee.com/open-source-attributions. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. We make no representations or warranties of any kind regarding the Open Source Software contained in our Services, and you agree that Illustrative Voices is not responsible or liable in any manner for such Open Source Software.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Illustrative Voices or our Products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Illustrative Voices. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12 COPYRIGHT COMPLAINTS
We have a policy limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Illustrative Voices’ Designated Agent as follows:
Designated Agent: Marketing
Phone: (650) 272-0160
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Illustrative Voices for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Illustrative Voices, and our officers, directors, agents, partners, licensees, and employees (individually and collectively, the “Illustrative Voices Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Illustrative Voices of any third-party Claims, cooperate with Illustrative Voices Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Illustrative Voices Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Illustrative Voices or the other Illustrative Voices Parties.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Illustrative Voices does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Illustrative Voices attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
15 LIMITATION OF LIABILITY
Illustrative Voices and the other Illustrative Voices Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if Illustrative Voices or the other Illustrative Voices Parties have been advised of the possibility of such damages.
The total liability of Illustrative Voices and the other Illustrative Voices Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Illustrative Voices or the other Illustrative Voices Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release Illustrative Voices and the other Illustrative Voices Parties from responsibility, liability, claims, demands, and damages (actual and consequential), or any one of the foregoing, of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17 DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Illustrative Voices and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Illustrative Voices seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Illustrative Voices seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Illustrative Voices waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Illustrative Voices agree that any dispute arising out of or related to these Terms or our Services is personal to you and Illustrative Voices and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Illustrative Voices agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Illustrative Voices agree that for any arbitration you initiate, you will pay the filing fee and Illustrative Voices will pay the remaining JAMS fees and costs. For any arbitration initiated by Illustrative Voices, Illustrative Voices will pay all JAMS fees and costs. You and Illustrative Voices agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Illustrative Voices will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by emailing us at info@IllustrativeVoices.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
18 GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The following sections will survive the expiration or termination of these Terms and the termination of your My Illustrative Voices Account: all defined terms and Sections 1-7, 8 (1st paragraph), 9 (2nd paragraph), 10-23.
These Terms constitute the entire agreement between you and Illustrative Voices relating to your access to and use of our Services. The failure of Illustrative Voices to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
23 QUESTIONS; CALIFORNIA WEBSITE USERS
If you have any questions about these Terms or our Services, please contact us at info@IllustrativeVoices.org.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice; The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.