Welcome to the Pearl community! The Pearl app is a product developed by the team at Voicekick®. Pearl makes it easy to turn the photos on your phone into engaging narrated videos or “pearls”. Using your voice to narrate your shared photos makes them more compelling, increases authenticity, and creates a stronger bond between you and your friends and followers. Pearl is also a great app for creating short promotional videos for your business that you care share on social media, video services, or wherever you would like.
We can amend these Terms without notice. It is your sole responsibility to check our Site from time to time to view any such changes in the Agreement. Your use of our Site, Products and Services is governed by the Terms applicable at the time of your use. We encourage you to revisit these Terms on a regular basis to review any updates. If we, at our sole discretion, deem a revision material, we will notify you by an update on our website and/or application, or email to the email address associated with your account. By continuing to access or use our Site, Products and Services after those revisions become effective, you agree to be bound by the revised Terms.
- Use of Our Site, Products and Services. You may only use our Site, Products and Services if you are at least 13 years old. By using our Site, Products and Services in a manner that appears to be on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so by the company, organization, government, or other legal entity. You may use our Site, Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations where you are located.You must set up a user account to use our Site, Products and Services, with your name, username, email address and password. Personal interactions are an important part of our community and users could be harmed if people misrepresent who they are. You agree that you will not impersonate another person or create or use an account that does not accurately reflect who you are. If Voicekick learns that a user has selected a username that appears to be the identity or trademark of another user (and not that of the user who selected it), Voicekick reserves the right to reclaim that username and terminate the associated account. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account when you become aware of it. We reserve the right to suspend or terminate your account at any time for any or no reason.By creating an account, you agree to receive certain communications in connection with your use of our Site, Products and Services. For example, you might receive responses to your kicks or invitations from other users. You may also receive e-mails from us pertaining to your account. Our Site, Products and Services may include advertisements or promotions, which may be targeted to the content you search for, access, upload, download or hear. You can opt-out of non-essential communications.You are responsible for your use of our Site, Products and Services, for the Content you post to our Site and for any consequences that result from your use. Anything you upload or post will be accessible for others to access, download, or hear. You should only submit Content that you are comfortable with others accessing, downloading or hearing.By uploading or posting Content on our Site, you represent that you own it or have necessary permissions from the owner to use it. You are responsible for all consequences if Content you upload or post is false, intentionally misleading, or defamatory. You are also responsible for all consequences if Content you upload or post violates third party rights, including copyrights, trademarks, trade dress, patents, trade secrets, moral rights, rights or privacy or publicity, or any other intellectual property right or other right. You are also responsible for all consequences if the Content you upload or post includes hate speech, pornography, exploitation of minors, or violates any other rule or regulation. We will not be responsible or liable for any use of Your Content by us.Your use of our Site, Products and Services is at your own risk, including the risk that Content posted by another is something you find offensive, indecent, inaccurate, objectionable or otherwise inappropriate.By using our Site, Products and Services, you are joining a community. We have certain expectations of our community which are important to make it a safe and enjoyable place for all users to participate. As part of this community, you agree NOT to do the following while accessing or using our Site, Products and Services:(a) use another user’s account without permission;
(b) provide false or inaccurate information when registering an account;
(c) publish the personal information of others without permission (“doxing”);
(d) attempt to or actually harass, stalk, or harm another user or group;
(e) promote violence, racism, hate speech, bigotry or discrimination;
(f) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
(g) use our Site, Products and Services for any unlawful purpose or for the promotion of illegal activities;
(h) send bulk communications, such as emails, surveys, or other mass messaging;
(i) solicit personal information from minors;
(j) submit or transmit pornography or any other obscene content;
(k) violate any applicable law;
(l) reverse engineer any portion of our Site;
(m) interfere or attempt to interfere with the proper functioning of the Service;
(n) use our Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items meant to interfere with network communications or harm the recipient’s system;
(o) make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
(p) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
(q) publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
(r) access, tamper with, or use non-public areas of our Site, Products and Services, Voicekick’s computer systems, or the technical delivery systems of Voicekick’s providers;
(s) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(t) access or search or attempt to access or search our Site, Products and Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Voicekick (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Voicekick (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Voicekick is expressly prohibited);
(u) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
Our Site, Products and Services may be modified, updated, interrupted, suspended or discontinued at any time without prior notice or liability to you. We may stop providing you access to our Site, Products and Services without prior notice to you.
If you have a question or complaint regarding the Pearl app, or other Voicekick Site, Products and Services please send an e-mail to [email protected] You may also contact us using the system, by sending a kick to Voicekick, or by writing to Voicekick, Inc., 21432 Broadway Road, Unit 92, Redwood Estates, CA, 95044, United States. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Content“Content” as used in these Terms means audio, text, images, photos, location data, and all other forms of data, information or communication.“Your Content” means Content that you upload or post on our Site or using our Products and Services, such as your profile, audio clips, links, descriptions, comments, messages, ratings, invitations, and information that you publicly display, including Content displayed in your account profile.“User Content” means Content that users upload or post on our Site.“Third Party Content” means Content that originates from parties other than Voicekick or its users, which is made available in connection with our Site.“Voicekick Content” means Content that we create and make available in connection with our Site.“Site Content” means all of the Content that is made available in connection with our Site, including Your Content, User Content, Third Party Content, and Voicekick Content.You agree that we may reproduce Your Content, including your name, voice, and/or likeness, to make it available to other users, display it, modify it, reformat it, process it, incorporate it into advertisements or other works, create derivative works from it, promote it, distribute it, and allow others to do the same. You hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to Your Content for any purpose in connection with the provision of these Services. You irrevocably waive, and cause to be waived, against Voicekick and its users any claims and assertions of moral rights or attribution with respect to such use of Your Content.Other users may access, download, hear, use, and comment on Your Content. Please note that you also irrevocably grant the users of our Site the right to access Your Content in connection with their use of our Site.User Content (including any that may have been created by users employed or contracted by Voicekick) does not necessarily reflect the opinion of Voicekick. We reserve the right to screen, edit, remove, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content or any other Content, and we do not guarantee any confidentiality with respect to Your Content.
- Third Parties As part of our Site, Products and Services, Voicekick may provide you with links to Third Party Content or to websites controlled by third parties (“Third Party Sites”). These links are provided as a courtesy to users. Voicekick has no control over Third Party Content or Third Party Sites or the promotions, materials, information, goods or services available on Third Party Sites. Such Third Party Content or Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Voicekick. Voicekick is not responsible for any Third Party Content or Third Party Sites accessed through, available through, or posted on our Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content or Third Party Sites. Inclusion of, linking to, or permitting the use or installation of any Third Party Content or Third Party Sites does not imply approval or endorsement by Voicekick. If you decide to leave our Site and access Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern and we do not monitor the safety and security of such sites from malware, viruses or other items of a harmful or destructive nature. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site or relating to any applications you use or install from the site. So that we can keep Voicekick reasonably priced for our community and continue to develop and improve our Site, Products and Services, Voicekick funds its development efforts through third party venture capital funding, advertisements, promotion of products and services of others, and may generate revenue from providing affiliate links for the purchase of products and services of others.
- Privacy Voicekick respects the privacy of its Users. All Content you upload or post and any other information you provide to our Site is subject to our
(a) take action regarding suspected illegal activities;
(c) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process; or
(d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.
- Copyright Policy Voicekick respects the intellectual property rights of others and expects its community to be similarly respectful. We will respond to notices of alleged copyright infringement that are provided to us in accordance with our Terms and that comply with applicable laws. If you are a copyright owner or his or her agent and have a good faith belief that your Content has been copied in a way that constitutes copyright infringement, please submit to our designated copyright agent in writing to the address below:(a) the date of your notification;
(b) the name of the copyright owner;
(c) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(d) identification of the copyrighted work claimed to have been infringed;
(e) specific identification of the material claimed to be infringing or the subject of infringing activity that is to be removed or access to which is to be disabled, and sufficient information to allow us to locate the material;
(f) your contact information, including your address, telephone number, and an email address;
(g) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(h) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Our designated copyright agent for notice of alleged copyright infringement appearing on our Site, Products and Services is:Judith Szepesi
20195 Stevens Creek Blvd., Suite 250
Cupertino, CA 95014
[email protected] reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion and without any liability to you. We reserve the right to terminate a user’s account if the user is determined to be a repeat infringer. If your User Content has been removed from our Site and you believe it is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content in your User Content, you may send a counter-notice to our copyright agent identified above containing the following information:(a) your physical or electronic signature;
(b) a description of the Content that has been removed and the specific location at which the Content appeared before it was removed;
(c) a statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content; and
(d) your name, organization if appropriate, postal address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by Voicekick’s copyright agent, Voicekick may send a copy of the counter-notice to the original complaining party informing such person that Voicekick may reinstate the removed Content in ten business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may (in Voicekick’s discretion) be reinstated on our Site after ten business days after receipt of the counter-notice.
- Trademark, Counterfeit Goods, and Defamation Policy Voicekick prohibits improperly using another’s trademark on our Site, Products and Services. Using someone else’s trademark in a username, voice clip, or comment does not necessarily constitute infringement. However, if you upload or post Content that would confuse viewers into believing that an owner of a trademark (other than you) created or sponsored your Content, then the trademark owner’s rights may be infringed. If you own a trademark and believe your trademark is being infringed on our Site, Products or Services, we encourage you to submit a trademark claim through our . Voicekick reserves the right to remove Content complained of in its sole discretion.Voicekick prohibits the sale or promotion of counterfeit goods using our Site, Products and Services. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark or logo of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner, or they promote the goods as faux, replicas, imitations, or clones of the original product. If you believe that a kick, advertisement, promotion, or comment is selling or promoting counterfeit goods, you may submit a counterfeit goods claim through our . Voicekick reserves the right to remove Content complained of in its sole discretion.Voicekick prohibits users from posting or uploading Content that is defamatory. Defamatory Content includes intentionally false statements that disparage another person or company or his or her reputation. If you believe that Content hosted on our Site is defamatory, please submit a defamation claim through our . Voicekick reserves the right to remove Content complained of in its sole discretion.
- Ownership and Intellectual Property All right, title and interest in and to our Site, Products and Services (other than User Content) are the exclusive property of Voicekick and/or its licensors. Our Site, Products and Services may be protected by copyright, trade dress, trademark, trade secret and/or patent laws and other applicable intellectual and proprietary rights and laws both in and outside the United States. As between you and Voicekick, you own Your Content. We own Voicekick Content, including but not limited to trademarks, visual interfaces, interactive features, graphics, designs, compilations, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, and all other elements and components of our Site excluding Your Content, User Content and Third Party Content. You have no right to use Voicekick’s trademarks, logos, domain names or other distinctive brand features. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Voicekick Content in whole or in part except as expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Site, Products and Services, and Voicekick Content are retained by us.Some of the services made available through our Site may be subject to additional third party or open source licensing terms and disclosures, including the ones and incorporated herein by reference.
- Indemnity You agree to indemnify, defend, and hold Voicekick, any parents, subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them (“Voicekick Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to:(a) your access to or use of our Site, Products and Services;
(b) your violation of these Terms; and
(c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.Voicekick reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to reasonably cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Voicekick, not to be unreasonably withheld. Voicekick will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. If you become aware of any such claim directly, you are obliged to notify Voicekick as soon as practicable.
- Term and Termination The Terms, as updated from time to time, will continue to apply until terminated by either you or Voicekick.You may terminate the Terms at any time for any reason by deactivating your account and discontinuing your use of our Site, Products and Services. You do not need to inform Voicekick when you discontinue your use. If you stop using our Site, Products and Services without deactivating your account, your account may be deactivated due to prolonged inactivity. However, deactivating your account may not remove previously posted Content by you that is on our servers or was saved by other users.We may terminate your account or cease providing you with access to all or part of our Site, Products and Services at any time for any reason, including, but not limited to, if we believe:
(a) you have violated these Terms;
(b) you create risk or possible legal exposure for us; or
(c) our provision of access to all or part of our Site, Products and Services to you is no longer commercially viable.Any such action could prevent you from accessing your account, our Site, Your Content, Site Content, or any other related information. We will make reasonable efforts to notify you of suspension or termination by the email address associated with your account or the next time you attempt to access your account.In the event of any termination of these Terms, whether by you or us, your license to use our Site, Products and Services shall terminate. Sections 2, 4-8 and 10-11 will continue in full force and effect following termination, including our right to use Your Content as detailed in Section 2.
- Disclaimers and Limits on Liability. This section limits the liability of the Voicekick Entities. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and, as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.Your access to and use of our Site, Products and Services or any Site Content are at your own risk. You understand and agree that access to our Site and use of the Products and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind. Without limiting the foregoing, to the maximum extent permitted under applicable law, VOICEKICK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR SITE, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, VOICEKICK MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.The Voicekick Entities make no warranty and disclaim all responsibility and liability for:(a) the completeness, accuracy, availability, timeliness, security or reliability of our Site, Products and Services or any Site Content;
(b) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Site, the Products and Services or any Site Content;
(c) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by our Site, Products and Services; or
(d) whether our Site, Products and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.No advice or information, whether oral or written, obtained from the Voicekick Entities or through the Services, will create any warranty not expressly made herein.Our Site, Products and Services may contain links to third-party websites or resources. You acknowledge and agree that the Voicekick Entities are not responsible or liable for:(a) the availability or accuracy of such websites or resources;
(b) the content, products, or services on or available from such websites or resources; or
(c) any harm that results from using such websites or resources.Links to such websites or resources do not imply any endorsement by the Voicekick Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VOICEKICK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, HOWEVER ARISING, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SITE, PRODUCTS AND SERVICES;
(b) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
(c) OUR SITE, PRODUCTS AND SERVICES OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR SITE, PRODUCTS AND SERVICES AVAILABLE;
(d) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(e) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(f) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VOICEKICK ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VOICEKICK, IF ANY, IN THE PAST SIX MONTHS PRIOR TO THE CLAIM, FOR THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE VOICEKICK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH OUR SITE, PRODUCTS AND SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF OUR SITE, PRODUCTS AND SERVICES.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- General Provisions
11.2 Severability. If any term or provision of these Terms or their application is found to be invalid, illegal or unenforceable to any extent or for any reason, only that term or provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. In the event that any provision of these Terms is modified or eliminated, the remaining provisions of these Terms will remain in full force and effect.
11.3 No Waiver. Any failure by Voicekick to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
11.4 Governing Law. These Terms shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of California without reference to its choice of law rules, except to the extent preempted by the laws of the United States of America. All claims, legal proceedings or litigation arising in connection with our Site, Products and Services will be brought solely in the federal or state courts located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
11.5 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Voicekick’s prior written consent, but may be assigned or transferred by Voicekick at any time without your consent and without restriction. Any attempted assignment by you shall violate these Terms and be void.