Terms of Service

By using the WildVoice web site ("Service"), a Service of Equicast Media LLC ("EQM"), you are agreeing to the following terms and conditions ("Terms of Service").

EQM reserves the right to refuse service to anyone for any reason, not prohibited by law, at any time.

EQM reserves the right to update and change the Terms of Service from time to time without your consent. We will post a notice of the change in terms on our website for 60 days. If you do not want to be subject to the new terms, you must discontinue your use of the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, will similarly be subject to the Terms of Service in effect at that time. You can review the most current version of the Terms of Service at any time at: http://www.wildvoice.com/Pages/Terms_of_service.aspx.

Account Terms

1. Only natural persons may register to use the service. Accounts registered by "bots" or other automated methods are not permitted.
2. You must provide a valid email address, and any other information required in order to complete the signup process.
3. You are responsible for maintaining the security of your account and password. EQM cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
5. One person or a legal entity such as a corporation may not maintain more than one free account.
6. Pages you post on the website are considered as being "Public" may be promoted and linked by EQM as example of how people are using the Service.
7. You may not use the Service for any illegal or unauthorized purpose, nor use the Service, in a way that violates any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these terms will result in the termination of your Account. While EQM prohibits this type of conduct or posting content on the Service that would violate these terms, you understand and agree that EQM cannot be responsible for the Content posted on the Service. This is a public, unfiltered, uncensored medium. You agree to use the Service at your own risk. If children or minors will have access to this site, you should install filtering software on your computer or through your internet service provider, and take other steps that will accomplish the same purpose.

Termination

1. EQM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other EQM service, for any reason at any time. If we terminate your Service, we will deactivate your user name and password and prevent further access to our site.
2. All of your Content will be immediately deleted from the Service upon termination.

Modifications to the Service

1. EQM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees for the Service, are subject to change upon 30 days notice from us. Notice will be provided by posting the changes to the WildVoice web site.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content. You also grant us sufficient rights in any material you provide to us, to enable us to provide the Service.
2. EQM does not pre-screen Content, but EQM and its designee have the right (but not the obligation) in their sole discretion to refuse to post or remove any Content that is available via the Service when we believe, in our sole discretion, that we are obligated to do so by law, or to protect the integrity and security of the service and our property rights.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "AS IS" and "IF AVAILABLE" basis.
2. We will backup Content and files on our servers but only for our internal technical and business needs. We are not a backup service and you should make separate arrangements to have backup copies of anything you post on our servers independently stored and available to you.
3. Technical support is only provided via email (we try to respond within 1-4 hours).
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, EQM, or any other EQM service. You may not embed malicious scripts or code into any downloadable content or file.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or create a multiple access point to the Service without the express written permission of an authorized representative of EQM.
6. You understand that the technical processing and transmission of information and files via the Service, including your Content, may be unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not upload, post, host, or transmit unsolicited email, SMS's, or "spam" messages.
8. You must not transmit or store on our servers, any worms or viruses or any code of a destructive nature, including any malicious script, or hidden scripts that perform functions or runs routines that are not necessary to produce the visible or audible content on an end user video or audio terminal.
9. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by EQM) of other WildVoice customers, we may disable your account or restrict your bandwidth and storage.
10. EQM does not warrant that (i) the service will meet your specific 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 Service will be corrected.
11. You expressly understand and agree that EQM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF EQM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES whether these result from: (i) use or 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; (v) termination of your account; or (vi) any other matter relating to the service.
12. The Terms of Service constitutes the entire agreement between you and EQM and govern your use of the Service, superseding any prior agreements between you and EQM (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support @ WildVoice.com.

Beta Tester Agreement

This Agreement states the terms under which you have agreed to test and evaluate the WildVoice™ Studio software (the "Software Product") and the WildVoice.com web site. The test results will provide information to Equicast Media, LLC ("EQM") that will help EQM to complete the development and debugging of the software and web site. This real world evaluation is referred to as a "Beta Test."

Your participation in the Beta Test will begin when you register and setup your username and password for the WildVoice.com web site. With this information you may login to the WildVoice.com web site where you will be directed on how to download and install the Software Product. It is expected that this phase of Beta Test will continue for ninety (90) days. At the end of that period you may be asked to participate in an interview with a representative of EQM to discuss your experience with the Software Product. You will also be able to contact EQM to provide feedback and obtain information about using the Software Product during the Beta Test.

If changes to the Software Product are made during the Beta Test period EQM will provide those updates to you for installation as soon as practical.

If requested by EQM, and only after your approval, you will allow EQM to access your personal computer from a remote location solely for the purposes of investigating problems you have reported. EQM will not attempt to obtain any information from your computer that is not strictly required for evaluation of the test results. Any personal information obtained inadvertently or indirectly will be held in strict confidence and will not be disclosed for any purpose whatsoever.

The Software Product and the WildVoice.com web site are still in development and are provided to you AS IS, AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EQM does not guarantee or warrant the absence of software viruses or other malicious code.

Since the Software Product and the WildVoice.com web site are still under development and testing, they may contain defects. Before and during the Beta Test, you should take reasonable precautions to protect the integrity of your data including backup of your data and keeping antivirus and antispyware products installed on your computer up to date.

All information obtained during the Beta Test concerning the Software Product and the WildVoice.com web site will be the sole property of EQM to be used as EQM determines. If EQM makes any changes or modifications to the Software Product as a result of the Beta Test EQM will own all rights in and to those changes and you agree to execute any document necessary to ensure EQM's exclusive rights in and to the changes or modifications to the Software Product.

EQM may discontinue the Beta Test earlier than planned. Upon conclusion of the Beta Test, you may continue to use the Software Product until EQM requests that you discontinue using the Software, or you agree to pay a license fee to be determined by EQM, in its sole discretion for a paid up or subscription based license.

You agree to maintain in confidence any and all information provided to you by EQM or that you learn during the course of the Beta Test concerning the Software Product and the WildVoice.com web site's design, development, operation, or testing. The obligation to keep this information confidential will continue after the termination of the Beta Test and so long as the information is not made publicly available by EQM.