TERMS OF USE

EFFECTIVE DATE: October 28th, 2013

1. Welcome to BehindTheVoiceActors.com. These terms of use (the "Terms") govern any use by you of BehindTheVoiceActors.com (the "Site") and all of the services, products, software, applications, features or functionality available on or through the Site (collectively, the "Services") offered by Inyxception Enterprises, Inc. DBA Behind The Voice Actors ("BTVA"). Please review these Terms carefully before using the Services. By accessing the Site and/or using the Services, you agree to the Terms. If you do not agree to the Terms, then do not use the Services.

1.1 Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements on a particular Service, all of which are incorporated by reference into the Terms.

2. ELIGIBILITY

2.1 You must be at least 13 years of age to use the Services. Minors may not use the Services without the permission or supervision of a responsible adult. BTVA will not knowingly collect personally identifiable information on or through the Services from anyone under 13. You may be exposed to content on the Site that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children.

2.2 In order to use certain Services, you may have to first register by providing your e-mail address, and/or other relevant information, as appropriate. By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate. BTVA reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.

2.3 Upon completing the registration process, you will be responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify BTVA immediately and promptly change your password.

3. CHANGES TO TERMS

3.1 At any time BTVA may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site and sending an email to registered users to the email address submitted at registration. Your use of the Service will continue upon agreement of the amended Terms. It is important that you keep your email contact information correct and updated with the Site at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.

4. CHANGES TO SERVICES

4.1 BTVA reserves the right to modify or discontinue, and restrict or block access to, any or all of the Services without notice to you. You agree that BTVA will not be liable to you or any third party for any modification or if your use of the Services are discontinued.

5. LIMITATIONS OF SERVICES

5.1 You understand and agree that the Service is provided "AS IS" and that BTVA assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

6. USER SUBMISSIONS

6.1 Some of the Services may allow you to submit or transmit materials, including but not limited to text, image, audio, video, ideas, suggestions, plans, concepts, methods, know-how, techniques, original or creative materials or other information (collectively, "User Submissions") to or through the Services. You grant to BTVA a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of User Submissions, in any form, media, software, or technology of any kind now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you:
(i) When you provided User Submissions from February 1st 2009 to October 27th 2013 and/or;
(ii) When you provide User Submissions from October 28th 2013 onwards;
You hereby waive any moral rights you may have in your User Submissions.

6.2 You retain ownership of your rights in any User Submissions, subject to the non-exclusive rights that you grant to BTVA. BTVA takes no responsibility and assumes no liability for any of the User Submissions that you upload, post, email, transmit or otherwise make available on or through the Services. You represent and warrant that you own or otherwise control all of the rights to the User Submissions that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BTVA for all claims resulting from content you supply. BTVA has the right but not the obligation to monitor any activity or content, and edit or remove any activity or content for any reason.

6.3 BTVA may access, preserve, and/or disclose your account information, and/or User Submissions if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any User Submissions violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of the BTVA, its users, and/or the public.

7. PROHIBTED CONTENT

7.1 You must not post to the Services any User Submissions that, as reasonably determined by BTVA, is or appears to be the following:

(i) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
(ii) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
(iii) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
(iv) unsolicited, undisclosed or unauthorized advertising;
(v) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
(vii) in violation of any applicable local, state, national or international law (including export laws).

8. PROHIBITED CONDUCT

8.1 You must not do, or attempt to do, any of the following, as reasonably determined by BTVA, subject to applicable law:
(i) access or use the Services in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(ii) access, tamper with, or use services or areas of the Services that you are not authorized to access;
(iii) alter information on or obtained from the Services;
(iv) tamper with postings, registration information, profiles or other User Submissions belonging to BTVA or other users of BTVA;
(v) use any robot, spider, scraper or other automated means or interface not provided by us to access the Services or extract data or gather or use information, such as email addresses, available from the Services or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
(vi) frame any part of the Services, or link to the Services, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Submissions for any purpose except as expressly permitted in writing by BTVA;
(vii) impersonate or misrepresent your affiliation with any person or entity;
(viii) reverse engineer any licensed software, application or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent limit access to any area, content or code of the Services;
(ix) send to or otherwise impact us or the Services (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Services or any recipient; or (x) take any action which might impose a significant burden (as determined by us) on the Services' infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.

8.2 IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO BTVA, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

9. DISCLAIMER OF WARRANTIES

9.1 You expressly acknowledge and agree that:
BTVA PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTVA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES. BTVA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTVA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

10. LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

11. INDEMNIFICATION

11.1 You agree to protect and fully compensate BTVA from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the Terms by you or any other user of your account (whether or not authorized).

12. COPYRIGHT INFRINGEMENT / DMCA

12.1 If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide following information on this page http://www.behindthevoiceactors.com/contact/ or email us at team [at] behindthevoiceactors.com:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and/or email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

13. APPLICABLE LAW

13.1 These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and BTVA submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Orange County, California, U.S.A.

14. THIRD PARTY CONTENT

14.1 BTVA occasionally provides third party content, advertisements or links to third party websites on the Services. BTVA does not necessarily endorse or evaluate third party content and websites, and does not assume responsibility for third parties' actions or omissions. These linked sites are not under the control of BTVA and BTVA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by BTVA of the site or any information contained therein. You should review third parties' terms of use and privacy policies before you use their services.

14.2 Your transactions and other dealings with third party merchants or advertisers that are found on or through the Services, including "click to purchase", "co-registration" and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

15. TERMINATION

15.1 We may, at any time, without notice to you, terminate your license to use the Services and the Site, or block your access to the Services if:
(i) we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of BTVA, our users, or any other person;
(ii) requested by law enforcement or other government agencies.

15.2 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to your email address that we have for you in our records.

16. SEVERABILITY

16.1 If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

17. NO WAIVER

17.1 The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

18. HEADINGS

18.1 Section headings are included in the Terms for convenience only. They are not to be considered a part of these Terms, and are not intended to be a full and accurate description of the contents hereof.