Terms of service, simplified

· You must be above 13 to use ANTVOICE services
· Items are for rent, you don’t own them, similar to apartment sublets and bicycle rentals
· A credit balance for ANTVOICE Credit in your user account expires 180 days after the last chargeable use of that ANTVOICE Credit. Credit balances that are not used within this 180 day period will be lost
· You are responsible for your behavior in ANTVOICE. We do our best to make it a safe environment but it’s like life: in the end, you are in charge and accountable
· ANTVOICE has a free wide-ranging license to use the content you create using ANTVOICE’s services. You have a license too.
· ANTVOICE can delete your account or restrict access to services or content if it is necessary or needed
· ANTVOICE will not sell or provide to third parties your personal information without your consent

Terms of Use/User License

Last Updated Dec 14, 2009

THIS TERMS OF USE/USER LICENSE (THIS “AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ANTVOICE, LTD. (“ANTVOICE”). CONTINUED ACCESS TO AND USE OF THE ANTVOICE SERVICES, AS DEFINED BELOW, CONSTITUTES ASSENT TO THE TERMS OF THIS AGREEMENT AS SUCH TERMS MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT WISH TO ASSENT TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THE ANTVOICE SERVICE IMMEDIATELY AND REMOVE ANY SNS APPS, AS DEFINED BELOW, OR ANY OTHER SOFTWARE OR CONTENT RECEIVED FROM OR THROUGH ANTVOICE FROM YOUR COMPUTER. YOUR FAILURE TO ADHERE TO THE TERMS AND OBLIGATIONS INCLUDED HEREIN SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, WHICH MAY RESULT IN PERSONAL LIABILITY FOR YOU UNDER THE INDEMNITY SET FORTH BELOW AND/OR IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND, AT ANTVOICE’S SOLE DISCRETION, THE DELETION OF ALL CONTENT RELATED THERETO.

ANTVOICE is the owner and operator of websites located at http://www.antvoice.com and elsewhere on the internet where this Agreement appears, and linked pages or applications, and the mobile version thereof, if any (collectively, including all web sites owned by ANTVOICE, the “ANTVOICE Site”). ANTVOICE is also the provider of the services (the “ANTVOICE Service”) which are available to You though ANTVOICE, including Widgets and Applications, such as the “ANTVOICE Mood Weather Report” and any other applications created by ANTVOICE and available through social networking sites (Including premium applications for which we impose a charge, “SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between ANTVOICE and such social networking site.

1. Eligibility Criteria and Representations. You hereby represent that the following are all true:

1.1 You are at least 13 years old, and if You are less than 18 years old, You must obtain the permission of Your parents or legal guardian to use the ANTVOICE Service. (Please be aware that ANTVOICE may create certain areas on the ANTVOICE Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are less than 13 years old, please discontinue using the ANTVOICE Site and the ANTVOICE Services immediately.

1.2 You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and

1.3 You have the right to display each and every item of content which You have released through the ANTVOICE Service, Including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such content by any recipient for his or her personal use and by ANTVOICE solely to provide the ANTVOICE Service to You and others, to market the ANTVOICE Service and/or the ANTVOICE Site, and to illustrate the operation of the ANTVOICE Service and/or the ANTVOICE Site. You understand that the ANTVOICE Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of certain other User Created Content in Section 6 below.

2. License Grant by ANTVOICE.

2.1 LICENSE. Subject to the terms of this Agreement, ANTVOICE hereby grants You a limited, non-sub-licensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download, any software that You have embedded or about to embed ANTVOICE Software on third party websites. You may (and in fact are encouraged to) download, install and/or use the ANTVOICE Software on a single computer or on a website that is operated and maintained by You, or by someone else. Regardless of the policies of any other such website, you are responsible for ensuring compliance with these terms. As between You and ANTVOICE, title, ownership rights, and intellectual property rights in and to the ANTVOICE Software, and any copies or portions thereof, shall remain in ANTVOICE and its suppliers or licensors. You understand that ANTVOICE may modify or discontinue offering the ANTVOICE Software or any feature thereof at any time.

2.2 SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the ANTVOICE Software (collectively, “Updates”). ANTVOICE, however, may occasionally provide automatic Updates to the ANTVOICE Software at its sole discretion (and without any advanced notification to You). Any such Updates for the ANTVOICE Software shall become part of the ANTVOICE Software and subject to this Agreement.

2.3 GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the ANTVOICE Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The ANTVOICE Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the ANTVOICE Software by the Government shall be governed solely by the terms of this Agreement.

3. Your Obligations. In exchange for Your being able to use the ANTVOICE Software, the ANTVOICE Services and/or the ANTVOICE Site, You agree to be bound by the following obligations:

3.1 Registration:

3.1.1 If You choose to register with ANTVOICE, You will provide us with an email address. You will also update Your registration information on the ANTVOICE Site from time to time so that it remains true, correct and complete. Even if you choose to create an anonymous account, You are still agreeing to all of the terms and conditions of this Agreement. We'll never sell your email to third parties.

3.1.2 You may not:

3.1.2.1. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;

3.1.2.2 use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or

3.1.2.3. otherwise submit false or misleading information to ANTVOICE.

3.2. Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:

3.2.1. is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or

3.2.2. constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).

3.3 No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:

3.3.1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the ANTVOICE Software or any portion of the ANTVOICE Site or the ANTVOICE Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);

3.3.2. copy or distribute the ANTVOICE Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) Include any number of ANTVOICE Software on your website or webpage and any number of SNS Apps on your social networking pages.

3.3.3. rent, lease, use the ANTVOICE Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the ANTVOICE Software unless You inform info@antvoice.com of Your commercial purpose prior to such use;

3.3.4. use the ANTVOICE Software in any manner that could damage, disable, overburden, or impair the ANTVOICE Service or another user’s use of the ANTVOICE Service;

3.3.5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the ANTVOICE Site, ANTVOICE Service, ANTVOICE code embeddable or embedded on a third party web site and/or the ANTVOICE Software and You shall reproduce such Notices exactly on all permitted copies of the ANTVOICE Software;

3.3.6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;

3.3.7. create user accounts by automated means or under false or fraudulent pretenses;

3.3.8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the ANTVOICE Site and/or ANTVOICE Service or otherwise interfere with other users’ or members’ enjoyment of the ANTVOICE Site and/or ANTVOICE Service;

3.3.9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by ANTVOICE;

3.3.10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or

3.3.11. use the ANTVOICE Site or ANTVOICE Services to violate the security of any computer network or transfer or store illegal material.

3.4 Credits

3.4.1. While playing our games, you will have the opportunity to visit our website and use cash to purchase a variety of virtual credits that can be used while playing games. In order to purchase the credits, you may be required to provide us or another payment service designated by us (e.g., SuperRewards, PayPal, Zong) with your credit card information or other information related to your payment transaction (e.g., your mobile/phone number, your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each “real world” cash that you authorize us to charge to you, you will be awarded a certain number of credits; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each “real world” cash.

3.4.2. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOU FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE CREDIT SHOP AND/OR THE DISCONTINUATION OF THE SERVICE.

3.4.3. A credit balance for ANTVOICE Credit in your user account expires 180 days after the last chargeable use of that ANTVOICE credit. Credit balances that are not used within this 180 day period will be lost.

3.4.4. Each credit that you buy using will be included in your account until the earlier of that credit’s expiration date, your account’s expiration or termination date, or such date when the Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CREDIT, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CREDITS. We have no liability for “hacking” or loss of your credits from your Account, provided we will use reasonable efforts to replace such credits under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any credit or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements. You understand that any credit card (or otherwise) transaction-related information will be treated by the Company in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to the Company or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Service at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card (or otherwise) cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card (or otherwise) or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any Item and/or to refuse to provide you with any credit Item. Verification of certain information applicable to a transaction involving credits may be required prior to our acceptance thereof. Price and availability of the credit Items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the credit Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE) or in return for anything of value (including “real” money) or otherwise.

4. Indemnity. You agree to indemnify and hold ANTVOICE (and any employee, officer, director or affiliate of ANTVOICE) harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of Your access to or use of the ANTVOICE Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted through the ANTVOICE Service by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against ANTVOICE or any ANTVOICE Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the ANTVOICE Software or the ANTVOICE Service.

5. Rights of ANTVOICE/Exculpation of ANTVOICE. By using the ANTVOICE Software, the ANTVOICE Service and/or the ANTVOICE Site, You acknowledge and agree,

5.1. ANTVOICE(i) has the right to use content (x) uploaded by You or (y) otherwise included by You in content available though the ANTVOICE Service, to provide the ANTVOICE Service to You and others, to market the ANTVOICE Service and/or the ANTVOICE Site, to illustrate the operation of the ANTVOICE Service and/or the ANTVOICE Site, and (ii) claims an exclusive license (including, among other things, the right to make derivative works in the case of certain content submitted by you (see discussion in Section 6, below). Other than as provided in the foregoing sentence, ANTVOICE does not claim any copyright or other ownership in any material or content uploaded by You through the ANTVOICE Site simply because You have uploaded it through the ANTVOICE Service. You are solely responsible for protecting your own content from loss.

5.2. ANTVOICE also has the right to allow other users to make derivative works of Your content solely for display through the ANTVOICE Service. If you do not wish to allow such derivative works to be made from your content, then you must keep that content private and not publish it on social networking sites for the general public to see (and even then, people whom you allow to see your content may make such derivative works).

5.3. ANTVOICE has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded through the ANTVOICE Service may be deleted at any time without notice to You.

5.4. ANTVOICE has the right to make changes to this Agreement, its Privacy Policy, its Copyright Policy, the ANTVOICE Software, or the ANTVOICE Service at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the ANTVOICE Site or in the ANTVOICE Service, and may, in certain circumstances, be retroactive.

5.5. ANTVOICE and its licensors own and retain all proprietary rights in the ANTVOICE Site, the ANTVOICE Service, and all associated software, content and material. The ANTVOICE Site and the ANTVOICE Service are protected by copyright as collective works and/or compilations, 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 expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the ANTVOICE Site or ANTVOICE Service in whole or in part without the express written agreement of ANTVOICE. Except as expressly provided herein, ANTVOICE and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than certain content discussed below in Section 6), such ideas automatically become the property of ANTVOICE, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to info@antvoice.com and describe ONLY the general application – do not submit Your concepts to ANTVOICE or its employees through any other medium. Please note that a legal agreement may be required by ANTVOICE in order to evaluate Your concept(s).

5.6. ANTVOICE has no responsibility for the statements in any message, content or other material posted on or through the ANTVOICE Site by any user. If ANTVOICE receives notice that an item on the ANTVOICE Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting (which determination may take into account whether such content is available to the public generally, or offered only through SNS Apps), and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that ANTVOICE cannot evaluate or remove such items immediately. ANTVOICE HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY ANTVOICE FOR ANY REASON OR FOR NO REASON AT ALL.

5.7. If You believe that any material on the ANTVOICE Site or offered through the ANTVOICE Service constitutes an Infringing Posting or a Prohibited Posting, please notify ANTVOICE as soon as possible by sending an email to info@antvoice.com , or by mailing a letter to: ABUSE, c/o ANTVOICE, Ltd, ROOM 813, 8/F, HOLLYWOOD PLAZA, 610 NATHAN ROAD, Kowloon. Hong-Kong. Please also see our Copyright Policy.

5.8. ANTVOICE is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the ANTVOICE Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.

5.9. ANTVOICE reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. ANTVOICE may log all internet protocol addresses accessing the ANTVOICE Site and other information about users’ access, and maintain backup copies of content indefinitely.

5.10. ANTVOICE may collect and collate a variety of information regarding the use of the ANTVOICE Site, ANTVOICE Software, or ANTVOICE Service by You or by people who use the ANTVOICE Service through Your website, watch your content through the ANTVOICE Service on third-party websites, or visit social network pages on which you have installed SNS Apps, and may cause the ANTVOICE Software to communicate to ANTVOICE information about its offline operations. ANTVOICE is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy. You should also be aware that most video delivered through SNS Apps or ANTVOICE Widgets originates with another content provider. Such other content providers may place “cookies” on Your browser, or otherwise gather information about You, including by asking You to provide information through the video player itself. We cannot control the operation of video players inserted into SNS Apps by users, and it is up to you to review the terms of use and privacy policy of the originators of such content.

5.11. ANTVOICE uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the ANTVOICE Site or collected by ANTVOICE in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.

5.12. The ANTVOICE Site, ANTVOICE Software or ANTVOICE Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 5.13. The ANTVOICE Site, ANTVOICE Software or ANTVOICE Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the ANTVOICE Site, the inclusion of an ANTVOICE Widget on a third party’s website, or the incorporation of a SNS App or other piece of ANTVOICE Software on a third party’s website or within a third party’s system does not imply approval or endorsement of that website by us. If you decide to access or post an ANTVOICE Widget, SNS App or other piece of ANTVOICE Software on these third-party websites, you do so at your own risk.

6. Policies related to “User Created Content” to ANTVOICE you understand and agree that:

6.1. ANTVOICE does not claim any ownership right in the User Created Content you submit to us, except to the extent of the exclusive license described below. Such User Created Content remains your property, but you may not license them to third parties without our consent.

6.2. You warrant that such User Created Content is your original work and that You have the right to license the same to ANTVOICE, and that the User Created Content does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any User Created Content submitted by you to or through the ANTVOICE Service.

6.3. You grant to ANTVOICE an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the User Created Content and any derivative works thereof, together with the right to sublicense. You understand that ANTVOICE is not obligated to pay you anything for your User Created Content, or to feature or otherwise display your User Created Content on any page of the ANTVOICE website.

7. Policies related to SNS Apps/Mobile Services. Installing or otherwise using any SNS Apps constitutes consent to be bound by these Terms of Use, as well as ANTVOICE’s Copyright Policy and Privacy Policy, including all provisions related to (a) collection of information, (b) delivery of advertising, and (c) prohibition on certain activities. In addition, ANTVOICE Services may include certain services that are available via your mobile phone, including (i) the ability to upload content to ANTVOICE or social network sites via your mobile phone (“Mobile Uploads”), (ii) the ability to receive and reply to messages (“Mobile Communications”), (iii) the ability to access SNS Apps from your mobile phone (“Mobile Apps”), and (iv) the ability to access certain ANTVOICE Services through a mobile application you have downloaded and installed on your mobile phone (“Mobile ANTVOICE”) (collectively the “Mobile Services”). We do not currently charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ANTVOICE and other entities, or allow other users to send you Mobile Communications by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

8. Limitations.

8. 1. WARRANTY DISCLAIMER. THE ANTVOICE SERVICE, THE ANTVOICE SITE AND THE SOFTWARE (INCLUDING ANY MOBILE SERVICES) IS PROVIDED BY ANTVOICE ON AN “AS IS” BASIS. ANTVOICE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ANTVOICE SITE OR IN ASSOCIATION WITH THE ANTVOICE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ANTVOICE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANTVOICE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE ANTVOICE SITE OR THROUGH THE SNS APPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8. 2. POTENTIAL UNAVAILABILITY. THE ANTVOICE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. ANTVOICE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE ANTVOICE SOFTWARE, ANTVOICE SITE OR ANTVOICE SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND ANTVOICE’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT ANTVOICE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. ANTVOICE is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to Your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the ANTVOICE Services, including any Mobile ANTVOICE software. Under no circumstances will ANTVOICE be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the ANTVOICE Site, the ANTVOICE Service, ANTVOICE Mobile, any content or third party applications, software or content posted on or through the ANTVOICE Site or the ANTVOICE Services or transmitted to users, or any interactions between users of the ANTVOICE Service, whether online or offline.

8.3. LIMITATION OF LIABILITY. ANTVOICE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANTVOICE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ANTVOICE FOR THE ANTVOICE SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT ANTVOICE IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. 4. Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using ANTVOICE Software or ANTVOICE Services. Consult your physician prior to using the ANTVOICE Software or ANTVOICE Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the ANTVOICE Software or ANTVOICE Services immediately if you experience any such symptoms

9. TERM AND TERMINATION. Unless terminated by ANTVOICE, this Agreement will remain in full force and effect while You use the SNS Apps, ANTVOICE Site, ANTVOICE Software or ANTVOICE Services. Subject to the last sentence of this Section 9, You may terminate this Agreement at any time by deleting the ANTVOICE Software from Your computer and from any social networking site or other website on which you have installed any ANTVOICE Software and ceasing to use the ANTVOICE Software or ANTVOICE Service. ANTVOICE may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the ANTVOICE Software. ANTVOICE shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.

10. THIRD PARTY NOTICES AND LICENSES In order to use the ANTVOICE Service, You will have to download a Unity3D plug-in from Unity3d. Use of the Unity3D is subject to unity3D’s Terms of Service.

11. MISCELLANEOUS

11.1. Privacy. In addition to the terms of this Agreement, You should be aware that use of the ANTVOICE Site and/or the ANTVOICE Service is also governed by our Privacy Policy. Acceptance of this Agreement constitutes acceptance of ANTVOICE’s acceptable use policy for content posted on the ANTVOICE Site, ANTVOICE’s Privacy Policy, ANTVOICE’s Copyright Policy, and any notices regarding the ANTVOICE Site, as such policies or notices may be amended from time to time.

11.2. Disputes. You agree that any dispute relating to your use of the ANTVOICE Site, ANTVOICE Software and/or ANTVOICE Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in Hong Kong, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.

11.3. International Use. ANTVOICE makes no representation that the ANTVOICE Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the ANTVOICE Software or any feature of the ANTVOICE Services and/or ANTVOICE Site is illegal is prohibited. Those who choose to access this website (or any other website on which ANTVOICE Software is installed or from which ANTVOICE Software or ANTVOICE Service is available) from other locations do so on their own initiative and are responsible for compliance with local laws. Downloading or using the ANTVOICE Software is at your sole risk.

11.4. No Third Party Beneficiaries. This Agreement is between You and ANTVOICE. No user has any rights to force ANTVOICE to enforce any rights it may have against any You or any other User.

ANTVOICE is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://www.antvoice.com, and any linked pages or applications owned and operated by ANTVOICE..

Please contact us at info@antvoice.com with any questions regarding this Agreement.

Please contact info@antvoice.com if you would like to receive a copy of this document showing changes from previous versions.

ANTVOICE is a registered trademark of ANTVOICE, Ltd.