Celebrity Voice Changer Terms of Service
The Following Terms Covered in this Agreement Define the Customer.s Acceptable Use of Celebrity Voice Changer:
VERY IMPORTANT. PLEASE READ THIS AGREEMENT CAREFULLY
The following Terms, expressions and acronyms shall have the following meanings:
Agreement: End User License Agreement; this agreement may be amended or renewed without notice at the sole discretion of HatsOffApps, Inc. The most current version of Celebrity Voice Changer EULA can be found here: http://www.celebrityvoicechanger.com/tos
Audio: The resulting audio file converted from text into speech
Carrier: Your mobile service, text message, email and data provider. Ex. Verizon or AT&T
Customer: You are the customer and the sole user of Celebrity Voice Changer on your personal device
Celebrity Voice Changer: Any version of a mobile application which runs on the Customer.s mobile or other electronic device capable of sending text messages or any other form of electronic message, which may be read aloud, to Customer through the use of Celebrity Voice Changer or other sanctioned software
EULA: End User License Agreement also referred to as Agreement, License Agreement or License
Text message or Electronic message: Text message or other message sent to your mobile phone
TOS: Terms of Service may also be referred to as Terms or Service Terms
1. MOST IMPORTANT . HatsOffApps, Inc. and the Celebrity Voice Changer Platform are meant for Entertainment Purposes, and the Talking Stickers contained within Celebrity Voice Changer are IMPRESSIONS meant soley for the purpose of PARODY and ENTERTAINMENT. Talking Stickers are User-Genereated, meaning, they are not necessarily created, endorsed, screened or promoted by the Celebrity Voice Changer Team or any Celebrity Voice Changer Employee. USE AT YOUR OWN RISK! HatsOffApps, Inc. is not responsible for the actions of any individual or any accident that results while using or attempting to use Celebrity Voice Changer software. Celebrity Voice Changer is to be used for productivity and entertainment purposes only. HatsOffApps, Inc. is not responsible for any personal physical, mental or spiritual injury, damage, health problem, chronic ailment, malady or any other property or personal injury or damage that may occur while using or attempting to use the software. FAILURE OF THE SOFTWARE DOES NOT CONSTITUTE AN OPORTUNITY TO HOLD HatsOffApps, Inc. LIABLE FOR ANY DAMAGES. THE USER AND THE USER ALONE IS RESPONSIBLE FOR THE CONSEQUENCES OF USING Celebrity Voice Changer
1a. Purchasing: Celebrity Voice Changer contains .In-app purchases. of celebrity voices, voice clones and music. When an .In-app purchase. is made, it unique to the device it was purchased from.
1b. Pricing: HatsOffApps, Inc. may offer purchases within the app (.In-app purchases.). HatsOffApps, Inc. makes Celebrity Voice Changer available free for download. HatsOffApps, Inc. reserves the right to charge for in-app purchases as part of an application upgrade. Pricing may change at any time without notice and customer is free to cancel at any time. HatsOffApps, Inc. may discount this pricing at their sole discretion without notice. HatsOffApps, Inc. may also offer quantity-based discounts. All prices are reflected in US dollars. Pricing may vary in different markets and at different times. HatsOffApps, Inc. is not responsible for exchange rate fluctuations or fees that may increase or decrease the purchase price.
1d. Celebrity Voice Changer is a free application, and the user (you) agrees to use application in a positive manner. Messages or posts that are advertisements, spam, include lewd content or are libelous toward our company will be removed immediately, and HatsOffApps, Inc. reserves the right to pursue remedies and damages as a result of inflammatory comments.
2. Eligibility: HatsOffApps, Inc. is not available to persons under the age of 13 or to any users previously suspended or removed from Celebrity Voice Changer by HatsOffApps, Inc. BY DOWNLOADING, INSTALLING OR OTHERWISE USING Celebrity Voice Changer, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM Celebrity Voice Changer. The content in Celebrity Voice Changer is only available for personal, non-commercial use for end users only, any other use is prohibited. Commercial use is allowed only with written permission from HatsOffApps, Inc.
3. License and Restriction: You do not own Celebrity Voice Changer software or any output from our software or platform. You are licensed to use Celebrity Voice Changer for personal use strictly in the manner prescribed by this document.
3a. Grant of License: You are granted a non-exclusive right to use Celebrity Voice Changer through a mobile phone only.
3b. No Granting of Rights to Third-Parties: This license specifically prohibits You from downloading and selling, subletting or otherwise offering Celebrity Voice Changer on Your site or redistribution of Celebrity Voice Changer or any portion thereof in any manner and to any degree. Torrents of Celebrity Voice Changer or HatsOffApps, Inc. software are expressly prohibited. HatsOffApps, Inc. reserves the right to seek monetary damages, copyright infringement and/or prosecute any person or party who offers Celebrity Voice Changer for download in any way.
3c. No Resale: Any transfer or resale of Celebrity Voice Changer is prohibited. You may not use the audio files or other output from Celebrity Voice Changer for any purpose other than personal use. You may not attempt to record the audio files in any manner, including with the device itself or with any third party software without the written permission of HatsOffApps, Inc.
3d. Limitations on Use: You may not install, copy, modify, or distribute Celebrity Voice Changer (electronically or otherwise) on Your computers, or make any copy, adaptation, transcription, or merge any portion thereof, except as expressly authorized by HatsOffApps, Inc. in a separate written agreement signed by HatsOffApps, Inc. You may not reverse assemble, reverse compile, or otherwise translate Celebrity Voice Changer.. If You copy or modify Celebrity Voice Changer in any way not expressly authorized by HatsOffApps, Inc., Your license is automatically terminated. You may not provide services to third parties using Celebrity Voice Changer. You may not distribute the audio files created using Celebrity Voice Changer.
3e. Exclusive Ownership: HatsOffApps, Inc. shall have sole and exclusive ownership of Celebrity Voice Changer, in both object code and source code, all media and documentation relating to Celebrity Voice Changer, (including their development, or their operation, testing or use, and all reports and copies thereof), and all intellectual property rights associated therewith (including, without limitation, trademarks, rights to copyrights, trade secrets, or know-how). Any and all intellectual property rights including trademarks, patents, the Celebrity Voice Changer Website, the Celebrity Voice Changer.com Website, promotional material, videos, audio files, presentations, marketing collateral, flyers, etc, shall remain the exclusive property of HatsOffApps, Inc.
3f. No Removal of Notices: You agree not to remove, alter, obscure or make unclear any notices or indications of the intellectual property rights of HatsOffApps, Inc. whether these notices are built in to applications, packaging, promotional material, Web content, or any other materials.
4. What You should expect from Celebrity Voice Changer
4a. NO WARRANTY . AS IS: HatsOffApps, Inc. does not warrant Celebrity Voice Changer. Since Celebrity Voice Changer performance is dependent on the user, his/her mobile phone and the carrier.s connection, HatsOffApps, Inc. does not warrant that Celebrity Voice Changer will perform substantially in accordance with the end-user documentation. HatsOffApps, Inc. does not warrant that Celebrity Voice Changer will be error-free in all circumstances. HatsOffApps, Inc. makes no claim guaranteeing the user will be able to communicate with the service without outages, disruptions, delays or other communication-related problems. HatsOffApps, Inc. does not guarantee that messages sent via the Celebrity Voice Changer will arrive at the correct destination or will be transcribed accurately.
4b. Utilization and Multiple-Platforms: HatsOffApps, Inc. is not responsible for negative performance or battery drain resulting from the installation of the Celebrity Voice Changer application. Since Celebrity Voice Changer is offered on multiple-platforms, HatsOffApps, Inc. does not guarantee Celebrity Voice Changer to work on all every platform that is called a supported platform. Any claim that Celebrity Voice Changer supports a platform or a firmware is merely speculative. We do not guarantee Celebrity Voice Changer will work on ANY supported platform or firmware. This is because the platforms and firmware are NOT developed by HatsOffApps, Inc. and these platforms may be changed without our knowledge.
4c. Modification of Platform is At YOUR OWN RISK: In the event that Celebrity Voice Changer is not sanctioned by a platform, operating system or firmware, HatsOffApps, Inc. does NOT encourage the user to alter their device or platform in order to attempt to use Celebrity Voice Changer. HatsOffApps, Inc. is NOT liable for any damages that may result from a user changing, unlocking, .Jailbreaking. or otherwise altering their mobile device.s platform, operating systems, firmware or hardware.
4d. New Versions of Celebrity Voice Changer: HatsOffApps, Inc. reserves the right to add or remove functions, features, or to provide updates, upgrades, programming fixes, etc. to Celebrity Voice Changer. HatsOffApps, Inc. has no obligation to inform You of any changes made to Celebrity Voice Changer. You may be required to enter a new agreement with HatsOffApps, Inc. to use a different version of Celebrity Voice Changer.
4e. Exclusion of Consequential Damages: In no event shall HatsOffApps, Inc. be liable to You for any consequential, indirect, special, or incidental damages, even if HatsOffApps, Inc. has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
4f. Suspension or Termination of Services: HatsOffApps, Inc. may in its sole discretion suspend and/or terminate Your ability to use Celebrity Voice Changer for any reason without notice. HatsOffApps, Inc. may in its sole discretion suspend and/or terminate the ability to use any version of Celebrity Voice Changer in order to make system upgrades, do routine maintenance or for any other reason. HatsOffApps, Inc. may disable previous or beta versions of the Celebrity Voice Changer software at any time and without notice.
4g. Forced Upgrade: HatsOffApps, Inc. may force an upgrade by discontinuing service or support to any version of its Celebrity Voice Changer software without notice. If users wish to continue service they may optionally download the latest supported version of Celebrity Voice Changer
4h. Not For Emergency Use: Celebrity Voice Changer is not intended to be used to relay emergency messages of any kind. Celebrity Voice Changer makes no claim that it will work effectively in case of emergency. Celebrity Voice Changer is not a replacement for any current emergency, automated emergency or other emergency or crisis telephone system, hardware or software.
5. What Celebrity Voice Changer expects of You
5a. Use for Lawful Purposes ONLY: You agree to use Celebrity Voice Changer for lawful purposes only. You may at no time or for any reason use any type of spider, malware, virus, worm, Trojan-horse, time-bomb, adware, Web service, telnet, console, decompiler, or any other software, hardware or combination thereof in order to reverse engineer, alter, distort, delete, launch a denial of service (DOS) attack, damage or interrupt Celebrity Voice Changer. You may not use any of the aforementioned methods to send any solicited or unsolicited messages, emails or other forms of communication to Celebrity Voice Changer users.
5b. Representations: By agreeing to these Terms, You represent and warrant that You are authorized to enter into and comply to the entire agreement. You also agree that at any and all times you will meet Your obligations as outlined in these Terms, as well as any laws, regulations, and polices that may supersede and/or apply to HatsOffApps, Inc.
5c. Indemnification: You agree to indemnify, save, and hold HatsOffApps, Inc., its affiliated companies, contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Celebrity Voice Changer, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. HatsOffApps, Inc. reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HatsOffApps, Inc., and you agree to cooperate with HatsOffApps, Inc..s defense of these claims. HatsOffApps, Inc. will use efforts it deems reasonable to notify you of any such claim, action, or proceeding upon becoming aware of it.
5d. Utilization of Your Mobile Device and/or Computer: In the case that Your use of Celebrity Voice Changer is dependent on a mobile device, computer or other device which is owned by a third party, you agree to obtain the consent of that third party. By accepting this agreement, you represent and warrant that you have already obtained such consent.
5e. Export Restrictions: You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Agreement are contingent on your compliance with this provision.
5f. Consequences of Use: You agree that HatsOffApps, Inc. will not be held responsible for any consequences resulting from the use, misuse or attempted use of Celebrity Voice Changer. In the case that you choose to read a message you received aloud, You will not hold HatsOffApps, Inc. responsible for Celebrity Voice Changer reading any of Your messages aloud. You will not hold HatsOffApps, Inc. responsible for any monetary or emotional loss resulting from Celebrity Voice Changer reading a message aloud, a spouse or significant other.s reaction to a message or any secret or confidential information uttered by the program when You are in the presence of others.
5g. Data Loss and Security: While HatsOffApps, Inc. takes measures to help reduce the risk of data loss and/or security breach, You agree that HatsOffApps, Inc. will not be held responsible for the loss of any data or the unauthorized transfer of Your personal information to hackers, crackers or individuals using packet sniffers to reconstruct data. You must agree that any data, encrypted or unencrypted sent over the Internet is never guaranteed by HatsOffApps, Inc. to be secure.
5h. Offensive Content: You recognize that You are responsible for the content that is converted into text and/or audio by Celebrity Voice Changer. HatsOffApps, Inc. does not create the content of the messages or the speech input where the audio can be played aloud by Celebrity Voice Changer, therefore, You agree that HatsOffApps, Inc. will not be held responsible for any offensive, hateful, lewd, racist, politically incorrect, sexually explicit, libelous or otherwise undesirable text or audio content. The content read by Celebrity Voice Changer is provided through Your mobile carrier by way of text message and/or other electronic messages. HatsOffApps, Inc. is not responsible for any content read by our software or for the content of any of our sponsor.s messages. You may also not use Celebrity Voice Changer software to expose any minors or ANY willing or unwilling third parties to offensive content.
5i. Carrier Charges: You recognize that You are responsible for paying all roaming charges, data charges, text message (SMS) charges, plan charges, overage charges and any other possible charges that result because of the use of Celebrity Voice Changer. You agree to pay all charges to your Carrier and that HatsOffApps, Inc. is NOT responsible for paying any charges from your Carrier.
6. Term, Termination and Updates
6a. Term: This agreement is effective as of the Effective Date and will remain in effect until terminated either by HatsOffApps, Inc., or You. Any additional Terms will be effective as of the date on which they are accepted by You, or when you use Celebrity Voice Changer. Using Celebrity Voice Changer constitutes your acceptance of any and all Terms set out by HatsOffApps, Inc.
6b. Termination: You agree that HatsOffApps, Inc. in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with HatsOffApps, Inc. or your use of Celebrity Voice Changer and remove and discard all or any part of your account, User profile, and any User Content, at any time. HatsOffApps, Inc. may also in its sole discretion and at any time discontinue providing access to the Celebrity Voice Changer, or any part thereof, with or without notice. You agree that any termination of your access to Celebrity Voice Changer or any account you may have or portion thereof may be effected without prior notice, and you agree that HatsOffApps, Inc. will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HatsOffApps, Inc. may have at law or in equity. As discussed herein, HatsOffApps, Inc. does not permit copyright infringing activities on Celebrity Voice Changer, and will terminate access to Celebrity Voice Changer, and remove all User Content or other content submitted by any Users who are found to be repeat infringers. If you believe your rights are being infringed, please send an email immediately to legal@Celebrity Voice Changer.com and we will prompty review the content or user in question. If your rights are deemed to be infringed, we will remove the infringing content within 10 business days.
7. Disclaimers; No Warranties
7a. No Warranties: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HatsOffApps, Inc.,, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HatsOffApps, Inc. OR THROUGH Celebrity Voice Changer WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THE TERM HatsOffApps, Inc. INCLUDES HatsOffApps, Inc..s OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
7b. "As is" and "As available" and "With All Faults": YOU EXPRESSLY AGREE THAT THE USE OF Celebrity Voice Changer IS AT YOUR SOLE RISK. Celebrity Voice Changer AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Celebrity Voice Changer ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
7c. Platform Operation and User Content: HatsOffApps, Inc. ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR Celebrity Voice Changer OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
7d. Accuracy: HatsOffApps, Inc., ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Celebrity Voice Changer IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
7e. Harm to Your Mobile Device or Computer: YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH Celebrity Voice Changer OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
8: Limitation of Liability and Damages
8a. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HatsOffApps, Inc. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON Celebrity Voice Changer OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH HatsOffApps, Inc., EVEN IF HatsOffApps, Inc. OR A HatsOffApps, Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Damages: IN NO EVENT WILL HatsOffApps, Inc. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF Celebrity Voice Changer OR YOUR INTERACTION WITH OTHER Celebrity Voice Changer USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Celebrity Voice Changer DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
8c. Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT HatsOffApps, Inc. HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND i HatsOffApps, Inc., AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HatsOffApps, Inc.. HatsOffApps, Inc. WOULD NOT BE ABLE TO PROVIDE Celebrity Voice Changer TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
8e. Waiver: The failure of HatsOffApps, Inc. to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HatsOffApps, Inc.
9a. Modification of this End User License Agreement: HatsOffApps, Inc. reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check these Terms and any Guidelines periodically for changes. You may find them at http://www.celebrityvoicechanger.com/tos Your continued use of Celebrity Voice Changer after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended Terms will automatically be effective thirty days after they are initially posted on the Celebrity Voice Changer website. We will always make a reasonable effort to notify You if we do change the Agreement.
9b. Prevention of Unauthorized Use: HatsOffApps, Inc. reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Celebrity Voice Changer, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.