Nuance Café: Terms & Conditions

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Terms and Conditions
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1. ACKNOWLEDGMENT AND ACCEPTANCE
The Nuance service ("Service"), owned and operated by Nuance Communications, Inc. ("Nuance"), is provided to you ("Subscriber") under the following Terms and Conditions ("T's & C's") exclusively for Subscriber's use within the United States of America. These T's & C's constitute the entire agreement ("Agreement") between Subscriber and Nuance. By reading these T's & C's, submitting your registration information and clicking "I Accept", you are agreeing to be bound by all of the provisions of the T's & C's. If you do not wish to agree to following these T's & C's, you may not use this Service.

2. DESCRIPTION OF SERVICE
Nuance allows Subscriber to receive personalized Internet content and services via telephone and the World Wide Web. Subscriber must provide and pay for his/her own telephone service and Internet service, including any toll or long-distance charges that may be incurred when using the Service.

3. REGISTRATION DATA AND PRIVACY
In consideration for receiving the Service, Subscriber agrees to:(i) provide certain current, complete, and accurate information about Subscriber and (ii) maintain and update this information as required to keep it current, complete and accurate. Your privacy is very important to Nuance. As part of the Service registration process Subscriber should read and be familiar with the principles in Nuance's Privacy Policy.

4. PERSONAL ACCOUNT AND SECURITY
To become a Subscriber of the Service, you must create a unique personal PIN and account number ("PIN" and "Account Number") via the Service. Subscriber is exclusively responsible for all activities that occur under his/her Account Number, whether or not it occurs with Subscriber's knowledge. Subscriber is also exclusively responsible for maintaining the confidentiality of his/her personal PIN and Account Number, and is exclusively responsible for any failure to do so, and any results thereof. Subscriber agrees to immediately notify Nuance by e-mail at support@bevocal.com of any unauthorized use of Subscriber's account or any other breach of security known to Subscriber. Subscriber may change his/her personal PIN at any time by following the instructions on the Nuance web site ("Web Site").

Subscriber may only choose a telephone number as his/her Account Number if Subscriber is currently assigned that telephone number through the telephone company. Nuance reserves the right to terminate Subscriber's account immediately if Subscriber chooses a number to which it is not currently assigned.

5. MODIFICATION OF T'S AND C'S AND SERVICE
Nuance reserves the right to modify the T's & C's from time to time. Any modifications shall be effective when they are posted on our Web Site. It is Subscriber's duty to periodically review the T's and C's and accept or reject them. Your continued use of the Service constitutes your acceptance of the modified T's and C's. If you do not accept the modified T's and C's you must stop using the Service immediately.

Nuance reserves the right to modify or discontinue the Service with or without notice to Subscriber.

6. AGE
You must be at least 13 years old to subscribe to this Service. If you are under 13 years old, you may not subscribe. If you are between the ages of 13 and 18 years old and wish to subscribe, you must (i) read these T's and C's together with your parents or legal guardian and (ii) obtain their consent to subscribe to the Service. It is a parent or guardian's responsibility to monitor a minor's use of the Service.

7. TERMS OF USE
Subscriber's right to use the Service is personal to Subscriber and Subscriber agrees not to sell or resell the Service to any third party without the express written consent of Nuance.

Subscriber agrees not to transmit or display through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Subscriber further agrees not to transmit or display any material that encourages conduct that could constitute a criminal offense, give rise to civil claims of liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Subscriber understands and agrees that Nuance has the right to monitor, record, copy and store any and all of Subscriber's communications and data for the purposes of testing, improving and performing our Service. By using the Service you are agreeing to allow Nuance to perform these acts.

Subscriber shall not interfere with another Subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

If Subscriber does not access the Service for sixty (60) days or more, Nuance reserves the right to terminate Subscriber's account without notice.

Subscriber's use of the Service is subject to all applicable local, state, national and international laws and regulations. Subscriber agrees: (i) to comply with all such applicable laws, including but not limited to, US law regarding the transmission of technical data exported from the United States; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; and (iv) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Subscriber's conduct is subject to Internet regulations, policies and procedures. Subscriber will not use the Service for chain letters, junk mail, spamming or by use of distribution lists containing any person who has not given specific permission to be included on such a list and will comply with any and all applicable terms of service, authorized use policies, and other rules established by those Internet sites visited through the use of the Service.

Nuance may, at its sole discretion, and without notice, immediately terminate the Service should Nuance reasonably believe that Subscriber's conduct fails to conform with any of the T's & C's.

8. ANI SPOOFING
By default, ANI Spoofing is not allowed on Café.

9. PROPRIETARY RIGHTS TO CONTENT
Subscriber acknowledges that all content displayed or transmitted through the Service, including but not limited to music, sound, video, graphics, data, text, multimedia, HTML and other materials ("Content") may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Subscriber may only use the Content as expressly authorized by the Service and/or individual Content provider. Subscriber may not copy, store, reproduce, distribute, display publish or create derivative works from the Content without due authorization.

10. TRADEMARKS
Nuance and the Nuance logos, along with the other trademarks, logos and service marks ("Marks"), displayed on our Web Site are the property of Nuance and other third parties. Such Marks may not be copied, downloaded or otherwise exploited without the express permission of Nuance or such third party Mark owners.

11. COPYRIGHT PROTECTION
Nuance respects copyright law and expects our members to do the same. The Internet industry depends upon copyright law to enable content providers to get fairly compensated for their content. Unauthorized copying or distribution of content is an infringement of the copyright holder's rights. Nuance reserves the right to terminate accounts of Subscribers who infringe upon the copyright, or other intellectual property rights, of others.

12. TERMS AND CONDITIONS SPECIFIC TO THE USE OF THE NUANCE STOCK QUOTE SERVICE
Stock / market quote information is provided to Nuance by S&P ComStock, Inc., its affiliates, and other suppliers (the "Stock Information"). If Subscriber wishes to have access to the Stock Information, he/she must agree to the following terms and conditions. If Subscriber accesses the Stock Information through the Service, he/she is manifesting his/her consent to be bound by the following:

The Stock Information provided through the Service is owned by or licensed to S&P ComStock, Inc., its affiliates and other suppliers and Subscriber is permitted to store, manipulate, analyze, reformat, print and display the Stock Information only for such Subscriber's personal use. In no event shall any Subscriber publish, retransmit, redistribute or otherwise reproduce any Stock Information in any format to anyone, and no Subscriber shall use any Stock Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.

Prior to the execution of a security trade based upon the Stock Information, you are advised to consult with your broker or other financial representative to verify pricing information.

Neither Nuance or S&P ComStock, Inc., its affiliates or other suppliers makes any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Stock Information. The Stock Information is provided to the users "as is." Neither Nuance or S&P ComStock, Inc., its affiliates or other suppliers will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Stock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

13. DATA STORAGE AND OTHER LIMITATIONS
Nuance has set a fixed upper limit on the amount of data a Subscriber may send or receive through the Service, and a fixed upper limit on the period of time that data may be stored on the Service. If Subscriber hit his/her upper limit, Nuance reserves the right to delete Subscriber's personal data. If Subscriber has an e-mail account through the Service, Nuance will notify Subscriber via e-mail that it is going to delete Subscribers data. Nuance also retains the right, at its sole discretion, to change any of the capacity limits on data storage at any time. Nuance assumes no responsibility for the deletion of or failure to store personalized data.

14. TERMINATION
Either Subscriber or Nuance may terminate the Service without cause at any time, effective immediately. If you wish to terminate your use of the Service, your only recourse is to discontinue your use of it.

Upon termination of the Service by either party, Subscriber's right to use the Service immediately ceases. Subscriber shall have no right and Nuance will have no obligation thereafter to forward any unread or unsent messages to Subscriber or any third party.

15. NOTICE
Nuance may, at its discretion, broadcast or display notices or messages through the Service or on its Web Site or use any other reasonable means of communication to inform Subscriber of changes to the T's & C's, changes to the Service, termination of the Service or any other matter. Such broadcasts or displays shall constitute and be in lieu of any other form of notice to Subscriber.

16. PARTICIPATION IN PROMOTIONS AND SALES OFFERS
Nuance recognizes that Subscriber may participate in promotions and sales offers for services and goods that Subscriber learns about through the Service by an advertiser. Any such promotions or sales transactions, including the shipment, delivery and payment thereof, and all terms, conditions, warranties or representations associated thereto, constitute an exclusive agreement between the individual Subscriber and the advertiser, and Nuance will be in no way liable or responsible for any part of any such promotion or sale, nor the performance thereof, nor for any goods or services purchased through the Service.

17. DISCLAIMER OF WARRANTIES
Subscriber acknowledges and agrees that:

THE SERVICE INCLUDING THE CONTENT HEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE SERVICE AND CONTENT AS PROVIDED HEREUNDER IS AT SUBSCRIBER'S SOLE RISK.

NUANCE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY WITH RESPECT TO ANY OF THE SERVICES, INFORMATION, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SERVICE IS COMPLEX AND MAY CONTAIN SOME NONCONFORMITIES, DEFECTS AND ERRORS. NUANCE AND IT SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET A SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE NONCONFORMITIES OR DEFECTS FOUND IN THE NUANCE TECHNOLOGY WILL BE CORRECTED.

NUANCE AND ITS SUPPLIERS MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS OR EFFECTIVENESS OF ANY CONTENT TRANSMITTED OR DISPLAYED THROUGH THE SERVICE, SPECIFICALLY WITH REGARD TO, BUT NOT LIMITED TO, DRIVING DIRECTION, TRAFFIC, CONTENT AND STOCK/MARKET QUOTE CONTENT. ALSO, NUANCE AND ITS SUPPLIERS SPECIFICALLY MAKE NO WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF ANY WEATHER REPORTS OBTAINED THROUGH THE SERVICE AND SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF THE SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED, DISPLAYED OR OTHERWISE TRANSMITTED THROUGH THE SERVICE IS ACQUIRED DISPLAYED AND TRANSMITTED AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NUANCE IS NOT LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR TERMINATION OF THE SERVICE.

NUANCE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT NOR ANY SUBSCRIBER COMMUNICATIONS, INCLUDING ANY ALLEGED THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, NOR ANY ALLEGED CRIME OR ALLEGED INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR FACILITATED THEREBY. SUBSCRIBER ACKNOWLEDGES THAT COMMUNICATIONS TRANSMITTED VIA THE SERVICE -PARTICULARLY BY USE OF CELLULAR OR MOBILE PHONE - ARE NOT COMPLETELY SECURE, AND THAT NUANCE MAKES NO ASSURANCES AS TO THE CONFIDENTIALITY OF ANY SUCH COMMUNICATIONS.

NUANCE AND ITS SUPPLIERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY SUBSCRIBER THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; SUBSCRIBER AND NUANCE AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS AND LIMITATIONS WILL APPLY.

18. INDEMNIFICATION
Subscriber shall indemnify, defend and hold Nuance, its parents, subsidiaries, affiliates, officers employees and other agents, harmless from and against any claims, suits or other proceedings and any and all damages, including attorneys' fees, made by any third party due to, or arising out of Subscriber's, or any third party using Subscriber's PIN or Account Number's, (i) breach of this agreement (ii) use of the Service, (iii) violation of the T's & C's, (iv) alleged infringement of any patent, copyright or other intellectual property right of any third party or, (v) alleged violation of any other claimed right of any third party.

Nuance may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification. The assumption of such defense or control by Nuance, however, shall not excuse Subscriber of any of its indemnity obligations.

19. LIMITATION OF LIABILITY
IN NO EVENT SHALL NUANCE OR ITS SUPPLIER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM SUBSCRIBER'S USE OR INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NUANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL NUANCE'S LIABILITY TO SUBSCRIBER OR ANY THIRD PARTY EXCEED THE AMOUNT OF FEES PAID BY SUBSCRIBER FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; SUBSCRIBER AND NUANCE AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS OR LIMITATIONS WILL APPLY.

IT IS NOT RECOMMENDED THAT SUBSCRIBERS OPERATE A CELLULAR PHONE WHILE DRIVING A MOTOR VEHICLE. NUANCE IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, HARM AND INJURY TO PERSONS AND PROPERTY RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR OPERATION OF A PHONE WHILE DRIVING A MOTOR VEHICLE.

20. LAWS
The T's & C's shall be governed by and construed in accordance with the laws of the United States of America and the State of California, excluding its conflict of law provisions. In the event of any dispute between Subscriber and Nuance, Subscriber and Nuance agree to submit to the exclusive jurisdiction of the federal and state courts in Santa Clara County, California.

If after final appeals have been exhausted, any provision(s) of the T's & C's is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Nuance's failure to exercise or enforce any right or provision of the T's & C's will not constitute a waiver of such right or provision as to any particular Subscriber or the Agreement in general in the future, unless expressly so stated by Nuance in a writing.

No person not a party to this agreement shall have or acquire any rights by reason of this Agreement nor shall either Subscriber nor Nuance have any obligation or liability whatsoever to any such person by reason of this Agreement, except as otherwise expressly provided for herein.

Subscriber and Nuance agree that any cause of action arising out of or related to this Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

Neither this Agreement nor any rights or obligations hereunder may be assigned by Subscriber.

Nuance shall not be liable for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power (including primary power and failure of backup systems).

The Section titles in the T's & C's are solely used for the convenience of the parties and the parties agree that the Section titles are to have no legal or contractual significance.

These T's & C's constitute the entire Agreement between Subscriber and Nuance and supercede all prior agreements between the parties regarding the subject matter contained herein.