Terms and Conditions of Use

Introduction

These terms of service (“Agreement”) set forth the general terms of service of your use of https://www.voicedistillery.co.uk (“Website“), and any of its related services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and The Voice Distillery Ltd (“The Voice Distillery Ltd”, “we”, “us” or “our”). By accessing and using the website and web app, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and The Voice Distillery Ltd even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

If you do not agree with all of these Terms of Service, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.

1. Information About Us

The Voice Distillery Ltd Company is located in Musselburgh, Scotland. We offer an affordable and educational marketplace for voiceover artists to excel, and an innovative tech platform that enables content creators to find the perfect voice in record time.Our aim is to create a matchmaking service and during the beta phase, we will work closely with our voiceover artists and content creators at every stage to ensure we develop the best process and technology that works for both parties (Services). These are the terms on which we provide our services to you. By using our Services, you agree to be bound by these Terms of Service.

2. Accounts and Membership

Certain parts of Our Site (including the ability to hire Voice Over Artists for your Projects or find work as a Voice Over Artist) may require an Account in order to use the Web App. You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of our site that require an Account, your parent or guardian should create the Account for you and you must only use the Account under their supervision. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.

If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3. Licence to Use Website

You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

Except as expressly permitted by the provisions of these terms of service, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms of service, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

Notwithstanding, you may redistribute our newsletter in print and electronic form to any person.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. User Content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use your content for in-house research and development, or research in partnership with Queen Margaret University, Edinburgh, or other universities. Any usage of content will solely be to improve our services OR for research purposes to improve understanding of the human voice.

5. Using our voice casting Services

We are excited to be able to offer Voiceover Artists free-to-audition casting services and Content Creators the opportunity to find the perfect voice in record time. Once Content (either a job posting or a bespoke audition) is uploaded, both Voiceover Artists and Content Creators are entirely responsible for their Content. This includes ensuring they have sufficient permission to upload their Content on the website. We have no involvement in your uploaded Content and cannot and will not take any responsibility or be liable to you for your Content.

You may delete Your Content from Your Account at any time. Please follow the directions in Your Account on how to do so or contact us on “info@voicedistillery.co.uk” . When you delete Your Content it will no longer be available to view via Your Account, although for technical reasons we may retain copies of Your Content or certain information or data in relation to it.

We reserve the right to terminate any Content that is in breach of our terms and conditions and remove any Content at our reasonable discretion.

6. Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection.

7. Orders

The Voice Distillery Ltd provides no guarantees with regard to the placement of orders – neither for providers (content creators), nor for contractors (voiceover artists). Likewise, The Voice Distillery Ltd shall assume no liability for the actions of providers/contractors, regardless of their nature, and we may not be held liable in any way for any losses, which may directly or indirectly arise from a wrongful conduct on the part of providers/contractors. In particular, The Voice Distillery Ltd shall not be held liable for losses resulting from the inability of a provider to complete a contract or meet a deadline. The Voice Distillery Ltd shall not furnish any guarantees for specific results with regard to the services provided by providers. Hereby The Voice Distillery Ltd expressly disclaims any liability arising from the contractual relationship between a provider and a contractor.

8. Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your Content). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

9. Link to Third-Party Services

The Site may contain links to websites operated by third parties. We do not have any influence or control over any such third-party websites. We are not responsible for and do not endorse any third-party websites or their availability or content.

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms of service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such services. You irrevocably waive any claim against The Voice Distillery Ltd with respect to such other services. The Voice Distillery Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting The Voice Distillery Ltd to disclose your data as necessary to facilitate the use or enablement of such other services.

10. Backups

We are not responsible for the content residing on our website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

11. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

12. Intellectual property rights

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Voice Distillery Ltd and its licensors. The website and services we provide are protected by copyright, trademark, and other laws of Scotland. Our trademarks may not be used in connection with any product or service without the prior written consent of The Voice Distillery Ltd.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to you any intellectual property owned by The Voice Distillery Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with The Voice Distillery Ltd. All trademarks, service marks, graphics and logos used in connection with the website and Services, are trademarks or registered trademarks of The Voice Distillery Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the website, and Services grants you no right or license to reproduce or otherwise use any of The Voice Distillery Ltd or third-party trademarks.

13. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

14. Disclaimer of warranty

We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.

THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE VOICE DISTILLERY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF USING THE WEBSITE, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

We make no warranty regarding any voice casting services booked through the Website or any transactions entered into through the Website unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

15. Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE VOICE DISTILLERY LTD EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

To the maximum extent permitted by applicable law, the aggregate liability of The Voice Distillery Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount or any amounts actually paid in cash by you to The Voice Distillery Ltd for the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

16. Indemnification

You agree to indemnify and hold The Voice Distillery Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your booking, your use of the Website and Services or any willful misconduct on your part.

17. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. The Third Party Rights (Scotland) Act 2017 does not apply to these terms and conditions, and no third party may enforce or rely on any aspect of these terms and conditions.

18. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Scotland and any applicable Scottish law and of the courts with respect to any legal action or proceeding arising out of or relating to these Terms without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Scotland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Scotland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

19. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

20. Communications

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. For contractual purposes, you

(a) consent to receive communications from The Voice Distillery Ltd in an electronic form; and

(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Voice Distillery Ltd provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in hard copywriting.

By using 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 by emailing at info@voicedistillery.co.uk.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. Force Majeure

We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Event Outside Our Control”).

An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: failure of public telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

22. Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

23. Privacy Policy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. Users of our website and Us shall comply with all requirements of the Data Protection Legislation.

24. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the website.

25 Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website or by email: info@voicedistillery.co.uk.

This document was last updated on February 14, 2023