By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
1. Acceptance of Conditions of Use DivaVocals.com
The DivaVocals.com website ("Site") is provided to you by DivaVocals, ("DivaVocals.com") under the terms and conditions set forth herein ("Conditions of Use" or "COU"). These COU govern your use of Site and all services provided in connection with Site. If you do not agree to the then current COU, please do not access or otherwise use the Site. These COU may be updated by DivaVocals at any time in its sole discretion; please check http://www.DivaVocals.com for the most current version of these COU. Your continued use of Site will signify your acceptance of any change in the terms and conditions set forth herein. DivaVocals may modify or discontinue Site with or without notice to you and without liability to you or any third party. DivaVocals is not responsible for the validity of the consumer complaints posted to the DivaVocals.com site.
DivaVocals is not responsible, in any way, for providing, or helping to provide, businesses' responses to the consumer complaints that are posted on the DivaVocals.com site, and /or forwarded to businesses.
Complaints posted to DivaVocals.com are a historical 'snapshot' of an ongoing situation, as seen through the eyes and perception of an individual consumer. Sometimes this may ocurr with incomplete or inaccurate information at the consumer's disposal. The point is, the consumer had a positive intent in writing their message; in helping themselves, in helping other consumers, in helping the subject business provide a better product or service. This positive intent, as perceived by DivaVocals, is a requirement for a consumer to post a message to DivaVocals.com's forums, blogs, testimonials, & product reviews.
2. Access to the Services
Subject to these COU, DivaVocals may offer to provide certain services, as described more fully on the Site, and which are selected by you through the process provided on the Site ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services DivaVocals.com performs for you, as well as the offering of any content on the Site. DivaVocals may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. DivaVocals.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to DivaVocals that you are an individual at least 13 years of age or that you have provided DivaVocals with the appropriate valid COPPA authorizations forms if you are under 13 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. These COU are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. Content of Opinions (including letters, forum posts, & product reviews)
While you alone are responsible for the content of your messages, and the consequences of any such messages, you agree to abide by the guidelines below. YourPlateofMine.com reserves the right to "remove your posting" or "terminate your use" if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
DivaVocals requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
As a user of the Site, you acknowledge that DivaVocals does not pre-screen or edit user authored content but that DivaVocals and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site. Without limiting the foregoing, DivaVocals and its designees shall have the right to remove any content that violates the COU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy and completeness of such content.
You acknowledge that DivaVocals.com may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the COU, or (c) respond to any claims that the content violates the rights of third parties.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, DivaVocals shall take the actions described in copyright infringement policy pursuant to the Digital Millennium Copyright Act.
Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Conditions of Use. Site is to be used by you for your personal use only. Commercial uses of Site are strictly prohibited unless prior written consent from DivaVocals has been granted. You agree that you will not use Site for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use Site to send or post on message boards or any place on Site, any message, material or user name that is unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. DivaVocals.com reserves the right to delete any such material from Site. DivaVocals will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Conditions of Use contained in this Section 3.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of DivaVocals.
You agree not to post or use Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
4. Ownership of Content
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content located on the Site ("Content"), materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from DivaVocals, or from the copyright holder identified in such Content's copyright notice. By submitting content, which shall include your member name, to any "public area" of Site, including message boards, forums, contests, blogs, testimonials, and chat rooms or by submitting content for transmission to a third party, you grant DivaVocals, its affiliates, and the parties to whom such content is addressed a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Site retains any and all Rights that may exist in such content.
5. Registration and Password
You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify DivaVocals.com of any unauthorized use of your registration or password.
6. Disclaimer of Warranties
DivaVocals makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site. DivaVocals has no special relationship with or fiduciary duty to you. You acknowledge that DivaVocals has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DivaVocals from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. DivaVocals makes no representations concerning any content contained in or accessed through the Site, and DivaVocals.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DivaVocals MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DivaVocals MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY DivaVocals. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): DivaVocals MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. DivaVocals will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services. DivaVocals IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against DivaVocals with respect to such sites.
7. Limitation of Liability
DivaVocals SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE MALFUNCTION OF THE SITE OR SERVICES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DivaVocals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold each of DivaVocals.com, its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Site or Services, the violation of these Conditions of Use by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
9. Applicable Law
These Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
10. Remedies for Breach of these Terms by You
In the event that DivaVocals determines, at its sole discretion, that you have breached any portion of these Conditions of Use, or have otherwise demonstrated conduct inappropriate for the community of Site, DivaVocals reserves the right to (i) warn you via e-mail that you have violated these Conditions of Use, (ii) delete any content provided by you or your agent(s) to Site, (iii) delete all content provided by you to Site, (iv) discontinue your registration with Site and/or any other DivaVocals.com community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which DivaVocals.com deems to be appropriate.
DivaVocals Increserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Conditions of Use or (ii) your registration with or ability to access Site and/or any other service provided to you by DivaVocals Inc upon any breach by you of the Conditions of Use.
In the event that any provision of the Conditions of Use conflicts with the law under which the Conditions of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Conditions of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Conditions of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Conditions of Use or to exercise any right under the Conditions of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
DivaVocals Inc may assign its rights and obligations under these Conditions of Use and upon such assignment DivaVocals Inc may be relieved of any further obligation hereunder.
These Conditions of Use and any additional terms (as such terms shall be identified when posted on site by DivaVocals Inc) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. DivaVocals Inc reserves the right to charge fees, surcharges and/or membership fees at any time.