Mission Tapes
Spread the Word
Terms of Use
Terms of Use The provisions of these Terms of Use constitute an agreement between Voicetal, LLC, a Utah limited liability company, dba Mission Tapes (MT), and you (you or Customer) as an authorized user of MT Services, and govern the terms and conditions by which we permit you to use the MT Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and/or published from time to time by MT (collectively, the Agreement), constitutes the entire agreement between MT and you regarding the MT Services and supersedes all prior agreements between the parties regarding the subject matter of this agreement. Notwithstanding the foregoing, your use of any software provided by MT related to the Services shall be pursuant to a separate agreement or license governing your use of such software. For purposes of this Agreement, “MT Services” or “Services” are defined as any and all services provided by MT to you either now or in the future. By using MT Services, you confirm your acceptance of and agree to be bound by this Agreement. 1. Customer Contact If you begin the sign-up process for MT Services but fail to complete the process, MT may contact you one (1) time via e-mail in an effort to help successfully guide you through this process. You hereby authorize MT to make such contact even if you ultimately determine not to sign up for MT Services. 2. MT Services MT offers MT Services at its website, www.missiontapes.com, and/or such other websites or through such other media as MT may, in its sole discretion, determine. Individually, the Services are: a. Mission Tapes: Mission Tapes provides a toll-free number (where available) and individual personal identification number (PIN) enabling the delivery of voice messages to designated email addresses identified by you during registration or at subsequent times when you modify your registration information. Messages are stored for online access for 180 days following the end of the service period and thereafter are deleted. b. Mission Journal: Mission Journal provides a toll-free number (where available) and individual PIN enabling the recording of voice messages that are burned to a CD and delivered to the Customer at the end of the service period via conventional mail. MT may, in its sole discretion, add to, modify, or delete any or all of the services comprising the Services. The “Service Period” shall mean the period beginning on the date you become registered as a Customer of MT and ending on the earlier of the date on which (i) your account is in no longer in good standing or paid in full, (ii) you request your registration to be terminated, or (iii) MT terminates your registration as permitted under this Agreement. Your use of the services is subject to MT’s Fair Use policy. You will be in violation of this policy if, within any thirty (30) day period, your usage exceeds more than two (2) times the average level of usage of MT’s customers over that thirty (30) day period. For purposes of this Policy, “usage” means the combined minutes of voicemail messages recorded by telephone for both Mission Tapes and Mission Journal. We reserve the right to enforce this Policy at any time in accordance with its terms. In the event you have violated this policy, you will automatically be charged $0.10 per minute for each whole or partial minute of voicemail messages recorded by telephone in excess of the fair usage limit. Notwithstanding the foregoing, MT reserves the right to terminate or suspend your account without prior notice in the event of a violation of the fair use policy. 3. Storage of Messages MT will store Mission Tapes and Mission Journal messages received through your PIN for a period of up to 180 days following the end of the service period, at which time the messages will be deleted. You acknowledge that MT may change its practices and limitations concerning storage of voice messages, including without limitation the maximum number of days that voice messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on MT’s servers on your behalf, at any time, as provided for in Section 10. You further agree that MT has no responsibility or liability whatsoever for the deletion, loss of, or failure to store any voice messages and/or other communications maintained or transmitted by the Services. Without limiting the foregoing, MT’s liability to you under any claim arising out of your usage of MT Services shall never exceed the total amount of fees you have paid for such MT Services. 4. Privacy Policy MT is dedicated to establishing trusting relationships with its Customers based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available here. If we decide to change our privacy practices, we will post those changes in our Privacy Policy and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers’ personally identifiable information in a manner different from that stated at the time of collection, we will notify customers via email. Customers will have a choice as to whether we use their information in this different manner. However, if customers have opted out of all communication with MT, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our website notifying customers of the change. In some cases where we post a notice we will also email customers who have opted to receive communications from us, notifying them of the changes in our privacy practices. 5. Customer Responsibilities You are fully responsible for the contents of your transmissions through the Services. MT simply acts as a passive conduit for you to send information of your own choosing. However, MT reserves the right to take any action with respect to the Services that MT deems necessary or appropriate in its sole discretion if MT believes your transmissions contain obscene, libelous, harassing, abusive, threatening, harmful, vulgar, unlawful, or otherwise inappropriate or objectionable content of any kind or nature (“Inappropriate Content”) or that you or your information may create liability for MT, compromise or disrupt the Services for you or other customers, or cause MT to lose (in whole or in part) the services of MT’s ISPs or other suppliers. You acknowledge that, although in the ordinary course MT does not review the content of your transmissions, MT reserves the right to review samples thereof if MT has cause to believe that such transmissions contain Inappropriate Content. Your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, antidiscrimination, securities laws, or false advertising). You agree (1) to comply with US law regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies, and procedures of networks connected to the Services; (5) not to use the Services to infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; and (6) not to transmit any Inappropriate Content through the Services. You further agree not to transmit any material 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. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies, and procedures. You agree not use or reference the Services for chain letters, junk fax or junk voice or e-mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services. You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use MT Services; (b) maintain any security of your Customer identification, and other confidential information relating to your MT account; and (c) be responsible for all charges resulting from use of your MT account, including unauthorized use prior to your notifying MT of such use and taking steps to prevent its further occurrence. 6. Termination Either you or MT may terminate your MT account at any time, with or without cause, upon notice. Any such notice by you to MT must be in accordance with MT’s verification procedures, as such procedures may be established and changed by MT from time to time in its sole discretion, and which may include the requirement that you contact MT by phone to confirm that any such notice was in fact received by MT. MT also reserves the right to terminate or suspend your MT account without prior notice, provided that MT will attempt to confirm such termination or suspension by subsequent notice. However, by terminating your account you agree to forfeit any and all fees for MT Services which have already been paid. Should MT terminate your account, MT may at its discretion refund any unused portion of your account. 7. Customer Representations You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state, and/or province in which you reside and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of MT Services as well as for use of your account by others (including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. 8. Modifications to Customer Agreement MT may automatically amend this Agreement at any time by (a) posting a revised MT Customer Agreement on the MT website and/or (b) sending information regarding the amendment to the email address you provide to MT. You are responsible for regularly reviewing the MT website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use MT services after such amendments have been posted or information regarding such amendments has been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and MT. 9. Modifications to Services MT reserves the right to modify or discontinue any of the Services with or without notice to you. MT shall not be liable to you or any third party should MT exercise its right to modify or discontinue the Services. 10. Member Account, PIN, and Security As part of the registration process, you will be required to provide an email address and create a password. Once you become a registered user, your toll-free number and PIN will be automatically sent to you by mail. You may change your password to protect your voicemail after logging in to the MT Website. You are entirely responsible for any fees and charges or other consequences of failing to maintain the confidentiality of your PIN, password, toll-free number, and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify MT of any unauthorized use of your account or any other breach of security known to you. 11. Disclaimer of Warranties and Limitation of Liability MT and all MT software and Services are provided “as is,” and MT makes no express or implied representations or warranties to you regarding the usability, condition, or operation thereof. MT does not warrant that access to or use of MT Services will be uninterrupted or error-free, or that MT software or services will meet any particular criteria of performance or quality. MT expressly disclaims all implied warranties including, without limitation, warranties of merchantability, title, fitness for a particular purpose, noninfringement, compatibility, security or accuracy. Your use of MT and all MT software and Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including MT software) obtained either directly or indirectly from MT. You agree that MT will not be liable for damages (including consequential or special damages) arising out of your use of or inability to use MT or any MT software or Services, and you hereby waive any claims with respect thereto, whether based on contractual, tort, or other grounds, even if MT or any service provider has been advised of the possibility of damages. The entire liability of MT and your exclusive remedy with respect to the use of the MT Services and software or any breach of this agreement are limited to the lesser of (i) the amount actually paid by you for access to and use of the MT services in the three (3) months preceding the date of your claim or (ii) U.S. $250.00. You hereby release MT from any and all obligations, liabilities, and claims in excess of this limitation. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. MT shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of MT’s control that could lead to the interruption of data delivery service to the customer’s email address or third-party data storage and/or delivery services. You will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of MT, in evaluating the MT services and/or products of MT. 12. Ownership a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising the MT Service are wholly owned by MT except where expressly stated otherwise. b. You further understand and agree that you are not the owner of any MT toll-free number and PIN assigned to you by MT. Ownership of any such MT toll-free number and PIN is vested solely in MT (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your MT account for any reason such MT toll-free number and PIN may be reassigned immediately to another Customer, and you agree that MT will not be liable for damages (including consequential or special damages) arising out of any such reassignment, and you hereby waive any claims with respect to any such reassignment, whether based on contractual, tort or other grounds, even if MT has been advised of the possibility of damages. c. You further understand and agree that MT may from time-to-time need to change the toll-free number and PIN assigned to you (whether due to an area code split or any other reason whether outside or within MT’s control). You agree that MT will not be liable for damages (including consequential or special damages) arising out of any such change in the MT toll-free number and PIN assigned to you, and you hereby waive any claims with respect to any such change whether based on contractual, tort, or other grounds, even if MT has been advised of the possibility of damages. d. In particular, you agree that you are not authorized to charge services provided to you or at your request to the MT toll-free number assigned to you by MT and that you will not request or otherwise cause any third-party service provider to charge any such services to such toll free number. You will be responsible for any such charges that, upon being incurred, will give MT the right to immediately terminate your MT account without notice. 13. Indemnification You agree to indemnify MT from and against any and all liabilities, expenses (including attorney fees), and damages arising out of claims based on use of your MT account including any violation of this Agreement by you or any other person using your account; any claim of libel, defamation, or violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; and any violation of any laws or regulations prohibiting transmission of unsolicited faxes, emails, or other communications. 14. No Resale of the Services Your right to use the Services is personal to you. You agree not to resell the use of the Services. 15. Participation in Promotions of Advertisers You may enter into correspondence with or participate in promotions of advertisers showing their products or services in connection with the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. MT assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion. 16. Notices, Consent Notices given by MT to you will be given by email or by a general posting on the MT website or by conventional mail. In any matter requiring MT’s prior consent, such consent will be considered given only if given in writing by an authorized representative of MT. Notices given by you to MT must be given by email or by conventional mail (subject, however, to MT’s verification procedures, as may be established by MT from time to time in its sole discretion and which may include the requirement that you contact MT by phone so as to confirm that any such notice was in fact sent by you and received by MT). Notices to MT by conventional mail must be sent to Voicetal, LLC, 56 South Fairway Drive, North Salt Lake, UT 84054, U.S.A. 17. General Terms The laws of the state of Utah, U.S.A., excluding its conflicts-of-law rules, govern this agreement and your use of the MT software and services. The UN convention on contracts for the international sale of goods is expressly disclaimed. You expressly agree that exclusive jurisdiction for any claim or dispute arising from the use of the MT software or services resides in the United States District Court for the district of Utah or a State Court located in Salt Lake County. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MT’s failure to act with respect to a breach by you or others does not waive MT’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. MT shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond MT’s reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services. 18. Other Copyrights/Ownership All information, content, and materials contained on MT websites are MT copyrighted property or the copyrighted property of MT’s licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to MT and/or MT’s licensors or licensees. No information, content, or material from any MT website or any Internet site owned, operated, licensed, or controlled by MT may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as expressly described in the Services, except that you may download one copy of the information, content, or materials on any single computer for your personal, noncommercial home use only provided that (a) you keep intact all copyright and other proprietary notices; (b) you make no modifications to the information, content, or materials; (c) you do not use the information, content, or materials in a manner that suggests an association with any of our products, services, or brands; and (d) you do not download information, content, or materials so as to avoid future downloads from any MT website. The use of any information, content, or materials on an MT website on any other website or computer environment is prohibited. The MT websites and Services are only for your personal use. You may not use the MT websites or Services for commercial purposes or in any way that is unlawful or harms MT or any other person or entity, as determined in MT’s sole discretion. In the event that you download software from any MT website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by MT or third-party licensors for your personal, noncommercial home use only. MT does not transfer title to the Software to you. You may own the medium on which the Software resides, but MT or MT’s third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Software from MT websites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any MT website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations. This site uses the moock fpi, available at http://www.moock.org/webdesign/flash/. 19. Refund Policy All sales are final.
