Last updated: February 13, 2020
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the https://voiceovers.com website (the “Service”) operated by VOICEOVERS.com, LLC (“us,” “we” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Fees for each voiceover project (“Project”) must be paid in advance and will be held in escrow until 10 days following the submission of the final Project files or acceptance of the final Project files by the buyer, whichever occurs first. If paid by credit card, a 5% Handling surcharge will be added to the Project fees.
Once a Project is accepted by the buyer or 10 days following the submission of the final Project files, whichever occurs first, we will retain up to 20% of the total fee amount as a commission (10% for Gold Members / 20% for Pro Members) and will release the remainder of the fees to the talent.
TYPES OF PROJECTS
Two types of Projects shall be available through our Service: (a) Non-Paid placement Projects and (b) Paid placements.
Compensation for Non-Paid Placement Projects shall include a one-time fee only and will not include any additional licensing fees. Additionally, any information, text, graphics, videos or other material (“Content”) submitted in response to such non-paid placements shall be a “work for hire” for the benefit of the buyer, which shall provide buyer with a worldwide, sublicensable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited license to copy, use, reproduce, publish, distribute, publicly display and perform or reformat your Content, and make derivative works for the purposes of data analysis or other internal use, however, a Non-Paid Placement Project cannot be converted into a Paid Placement Project or advertisement in any form. Any such conversion shall require a separate written agreement pursuant to the terms and conditions herein.
Compensation for Paid Placement Projects may include a one time or reoccurring licensing fee for a specified period of time. You and the buyer will mutually agree on the length of time and how your Content is used. You also acknowledge and agree that if the term of any Paid Placement Project initially obtained and/or fulfilled through our Service is extended or renewed, such extension or renewal must also be completed through our Service and we will retain 20% of the total extension or renewal fee as a commission.
Some parts of the Service are billed on an annual subscription basis (“Subscription(s)”). You may purchase a “Talent Membership” or, at our invitation which is within our sole discretion, a “Gold Membership” for the annual fees set forth on this website. We reserve the right, in our sole discretion, to add, modify or eliminate the types of memberships offered, at anytime, provided you continue to receive similar benefits associated with your membership subscription through the end of the term. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Union – All payments to Talent by a Buyer for non-union voice over work must be made through VOICEOVERS.com. All payments to Talent by a Client for union voice talent work must be made through a union Paymaster.
Escrow – Payments for the purchase of non-union Talent work listed as “Escrow” are held by VOICEOVERS.com until 14 days from the date the Final Files were approved. The Buyer has up to 10 days to approve the Final Files, at which time they will be automatically approved by the system. Without limiting the generality of the foregoing and for greater certainty, this means that funds due to Talent will be automatically released no later than 24 days after the delivery date of Final Files (as applicable) should the payment not be manually released by the Client before that date. Upon confirmation of the payment release, whether manual or automatic, VOICEOVERS.com will pay the Talent on its next scheduled payout date.
Net Terms – Certain Buyers have been approved for Net payment terms by VOICEOVERS.com. Projects listed as “Net Terms” are billed to the Buyer at Net 45. The Buyer has 45 days upon Awarding the Talent to pay the invoice. Payments will be collected by VOICEOVERS.com and released within 14 days of receipt. VOICEOVERS.com will make reasonable efforts to collect payments in a timely manner. Projects approved for Net Terms are guaranteed payment by VOICEOVERS.com and will be paid no later than 90 days in the event of a default of the Buyer. Without limiting the generality of the foregoing and for greater certainty, this means that funds due to Talent will be automatically released no later than 60 days after the delivery date of Final Files (as applicable) should the payment be manually released by the Client before that date.
Buyers are required to contact support should they need to change, extend, or postpone the delivery deadline so that funds are not automatically released (for example, if the final product provided by Talent is not satisfactory to Buyer because it is not compliant with the Job Posting).
Each User hereby agrees that he, she or it will not circumvent the VOICEOVERS.com payment procedures or engage in any Prohibited Acts (as such term is defined below). For the purposes of this section of this Agreement, “Prohibited Acts” include (but are not limited to) the following:
We, in our sole discretion and at any time, may modify any of the applicable fees (e.g. Subscription fees or surcharge fees). Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
If you cancel your Subscription and request a refund within the first 30 days of your initial Subscription purchase, you will receive a full refund. If you cancel your Subscription and request a refund after the first 30 days of your initial Subscription, or at any time during any renewal Subscription, you will receive a pro-rated refund for each full month of the balance of the Subscription term being cancelled.
A refund request for Open Casting Calls / Project postings will be honored without question provided it is limited to one Project posted in the last 30 days and no final/complete files have been submitted. Any refund requests made after 30 days will be reviewed and are at our sole discretion.
You retain any and all of your rights to your Content unless you agree otherwise with respect to the terms of a Non-Paid Placement Project.
Our Service allows you to post, link, store, share and otherwise make your Content available. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
You represent and warrant that: (a) the Content is yours (you own it) and/or you have the right to use it and to grant us the license as provided in these Terms, and (b) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right, but do not have an obligation, to monitor and edit all Content you provide. We also reserve the right to terminate your account, in our sole discretion, if your Content infringes, or is alleged to infringe, on any third party’s intellectual property rights.
By posting Content, you grant us a worldwide, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited license to copy, make derivative works for the purposes of data analysis, use, reproduce, publish, distribute, publicly display and perform or reformat your Content in accordance with these terms and conditions. Additionally, you also grant the buyer a license to use your Content in accordance with your mutually agreed upon terms as long as the same are consistent with these terms and conditions.
You may request the removal of your Content, at anytime, by using the tools provided to do so and acknowledge that the Content may only be removed upon the expiration of any licenses granted through the Service. You also acknowledge, however, that: (i) we are not responsible for the removal of the Content used or posted by a third party; (ii) that copies of the Content may persist in backup copies of this website; and (iii) we retain the right to use the Content for internal purposes, including enforcing the terms of this Agreement.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use any third party Content, whether in whole or in part, for commercial purposes or for personal use, without express advance written permission from us and/or the Content owner.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a Content owner, or authorized on behalf of one, and you believe that the Content has been copied in a way that constitutes intellectual property infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and including, without limitation, for a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us, our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neither we nor our subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
LIMITATION OF LIABILITY
We are not liable for any claims related to the Content or your access of the website. In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.