The Voice of Community - User Agreement to Services
Thank you for using our website, applications, database, products and/or other services ("Service", “Services”).
These Services are provided by The Voice of Community Incorporated (“TVOC”).
The individual using the https://tvocnetwork.org website and/or accessing any of our Services ("User"), is bound by the Terms and Conditions (“Terms”, "Terms and Conditions") outlined and indicate the User's agreement to the Terms of Service. Please read the Terms carefully before using the Service operated by TVOC ("us, "we", or "our").
Modification date, user agreement last updated: April 20, 2021
Terms and Conditions
The User must follow any policies made available within the Services.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Do not misuse our Services, do not interfere with our Services, or try to access them using a method other than the interface and the instructions that we provide. The User may use Services only as permitted by law, including applicable export and control laws and regulations. We reserve the right to suspend or stop providing our Services if the User does not comply with the Terms or in the instance of suspected misconduct. Using the Services does not give the User ownership of any intellectual property rights in the Services or the content that is accessed. The User may not use content from the Services unless permission is obtained from its owner, or are otherwise permitted by law. These terms do not grant the User the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services. The Services may display some content that is not owned by TVOC. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. No assumption should be made that suggest TVOC practices the regular review of content. In connection with the use of Services, we may send the User service announcements, administrative messages and other information. The User may opt out of select communications. Select Services and products are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
By participating in and accessing the Services, the User agrees to indemnify, defend, and hold harmless TVOC and Affiliates, their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) the use or inability to use the Services or perform tasks, or (ii) the breach or violation of this Agreement; (iii) the violation of any law, or the rights of any User or third party and (iv) any content submitted by the User or using one's own account, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. The User also agrees to indemnify the Indemnified Parties for any Liabilities resulting from the use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action the User takes that imposes an unreasonable burden or loan on our infrastructure.
When permitted by law, TVOC and suppliers / distributors will not be responsible for lost
profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages. To the extent permitted by law, the total liability of TVOC and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that the User paid TVOC to use the Services (or, if we choose, to supplying the User with the Services again). In all cases, TVOC and suppliers / distributors will not be liable for any loss or damage that is not reasonably foreseeable. It is recognized that in some countries, the User might have legal rights as a consumer. If the User is accessing the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that hypespots shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Business Uses of our Service
If the User is accessing Services on behalf of a business, that business hereby accepts the terms outlined on this page. It will hold harmless and indemnify TVOC and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
Disclaimer of Warranties
Other than as expressly set out in these terms or additional terms, neither TVOC nor its suppliers / distributors make any specific guarantees regarding the Services. We do not make any commitments about the content within Services provided, the specific functions of the Services or their reliability, availability, or ability to meet the User's needs. We provide Services on an “as is” and "as available" basis without warranties or conditions of any kind, either express or implied; this is including but not limited to warranties, or conditions, or merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility (I) in contract, warranty, or in tort for any errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from User access to and use of our Services; (III) any access to or use of secure serves and/or any and all personal information or financial information stored therein; and (IV) events beyond our reasonable control. To the extent permitted by law, we exclude all warranties.
Online Membership Accounts and Content Ownership
The registration of an online membership account with us ("Account") grants access to select Services. The User may create an Account, or an Account may be assigned to a User by an administrator. If using an Account assigned by an administrator, different or additional terms may apply, and the administrator may have the ability to access or disable the User's account.
The Accounts required for select Services are held in priority reservation for members of the Black diaspora and allies to the Black community. Users operating outside of the eligible criteria are not permitted to use or access the priority reservations. Children under the age of 13 years old are required to attain the consent from their respective guardian and review the Terms prior to accessing the Services, the registering of an Account, or otherwise providing any personal information to us.
Code of Conduct
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
The primary owner and/or User of an Account ("Account Holder") is responsible to protect their Account, and keep passwords confidential. Account Holders are responsible for the activity that happens on or through their Account. The Account Holder is responsible for safeguarding the password used to access the Service and for any activities or actions under the account, whether the password is with our Service or a third-party service. The Account Holder agrees not to disclose password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We do not condone the use of any form of harassment or discrimination by an Account Holder communicated in or through any of our Services.
Ownership of Content
Select Services allow Account Holders to upload, submit, store, send or receive content. All content uploaded or transmitted through the Services become the exclusive property of TVOC. Account Holder's shall retain sole ownership of any intellectual property rights that is actively and legally held.
When content is uploaded, submitted, stored, sent or received to or through our Services, the Account Holder gives TVOC a worldwide licence to use, host, store, reproduce, share, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that the content's function is ameliorated with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that Account Holders grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new services. This licence continues even if the Account Holder stops using our Services. Select Services may offer ways to access and remove content that has been provided to that Service. Also, in select Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Account Holders are responsible to ensure attainment of the necessary rights to grant us this licence for any content that is submitted to our Services.
We reserve the right to cancel, modify, or terminate the Account and Services used by the User or Account Holder at any time for any reason. We reserve the right to disqualify any User at any time from participation in our Services and additionally refuse a new Account to the User if a good faith belief that there has been a violation of any of these Terms is present.
Software and Applications Policy
When a Service requires or includes downloadable software, this software may be updated automatically on the device in which it is installed once a new version or feature is available. Select Services may let Account Holders adjust automatic update settings.
We give Account Holders a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use the software or applications provided by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by these terms. Account Holders may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may Account Holders reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or the User has written permission from an authorized representative of TVOC.
Select software used in our Services may be offered under an open-source licence that we will make available. There may be provisions in the open-source licence that expressly override some of these terms.
The User can stop using the Services at any time. We reserve the right to add or remove functionalities or features and/or suspend or stop a Service altogether. We reserve the right to stop providing Services to the User and to add or create new limits to the Services at any time. Should a Service be discontinued, where reasonably possible, advance notice and a chance to remove information from that Service will be provided.
Media Coverage Policy
By requesting media coverage with TVOC, the User consents to knowledge of, understanding, and agreement to the standard Terms and additional terms outlined within the media coverage policy. Applications for media coverage are to be submitted a minimum of two months in advance of the event date for review, consideration, and approval. Events submitted after this deadline risk rejection without consideration. Submission of an application for event coverage does not guarantee a successful tenure. We reserve the right to deny, withhold, or cancel coverage at any point during the application process. We reserve the right to use and distribute all footage recorded.
Provisions of Media Coverage
Standard service packages shall include one or more videographers, photographers, and designated engagement representatives within the designated event space ("Media Coverage"). Any requests made by the event organizer to include features in addition to the above description ("Additional Features"), such as use of red carpet, stanchions, talk show displays, or other props, are available at an additional cost. Additional Features must be agreed to and outlined prior to filming unless otherwise stated. We reserve the right to cancel Media Coverage at any time prior to, during, or after filming.
Sponsorships and Fee for Service
Media Coverage is available to applicants through the submission of an application directly to The Incorporated at a fee for service. A non-refundable deposit of 50% of fees charged for Service must be paid immediately upon signing a written agreement; the remaining balance shall be paid and collected one hour prior to the event. Failure to submit the deposit by the deadline may result in the termination of agreement to perform media coverage. Interac transfers, cash or credit payments, and certified cheques shall be accepted; cheques shall be made out to "The Voice of Community Inc.". We reserve the right to apply penalties in the event of late payments.
TVOC shall also offer media sponsorships through The Foundation to make media coverage accessible to public and privately held events . Sponsorship requests shall be accepted exclusively through a request application made through our Services. The selection of sponsorships shall be decided upon by the Advisory Board. Honorariums for Media Coverage shall be accepted in the forms of cash or cheques; cheques shall be made payable to "The Voice of Community Foundation".
To submit an application for Media Coverage, please click here.
Use of Footage and Distribution of Content
TVOC is granted sole ownership of all footage collected, edits made, and the right to distribute to affiliates. Post-event, one (1) commercialized copy of edited video footage gathered from the Media Coverage, ranging from 15 seconds to 1 minutes in length ("Final Product"), shall be distributed to the designated event organizer / host organization for their use. B-roll footage shall not be provided to the event organizer / host organization unless otherwise agreed to and outlined prior to event filming. Additional edits of footage may be available at an additional cost.
In line with our commitment to serving our community through servitude, TVOC provides referrals as a Service to members of our community. Users who access and utilize this Service ("Client") provide consent to receiving service thus naming TVOC as their referral agency ("Referrer").
Clients are forbidden from referring themselves or creating multiple, fictitious, or fake accounts. Clients may not use the Service to violate any law, infringe upon, or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, Clients may not tamper with the Service, act in an unfair or disruptive manner, or use any system, bot, or other device or artifice to participate or receive any benefit from participation in the Service. This includes but is not limited to a general prohibition on posting of the Service on any website which offers the Service to individuals who have malicious intent. If there is any indication that an action is associated with a Client who has used our Services in such a manner, we reserve the right to remove all associations with that Client, inform third party organizations of Client behaviour, and discontinue all Services to said Client. Any attempt to deliberately damage or undermine the legitimate operation of the Service may be in violation of criminal and civil laws. Should such an attempt be made, we reserve the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
The release of Client information to outside organizations may occur for the sole purpose of meeting the specific needs of the Referee through assigning a referral to a third party. This Service is completed through external organizations and we do not assume responsibility for interactions between third party organizations and the Referee once the referral has been placed and first contact is initiated. Every effort will be made to ensure confidentiality is kept, however, there are circumstances in which confidentiality may be breached such as, but not limited to: I) evidence of imminent harm to self or others; II) the abuse or suspected harm of any minor; III) an official subpoena from a legally recognized court in which TVOC is under jurisdiction; and IV) the reported abuse of a medical professional
Use of Information
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience;
(your information helps us to better respond to your individual needs)
To improve our website;
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service;
(your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions;
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, research, survey or other site feature.
Protection of Information
We implement a variety of security measures to maintain the safety of your personal information when you place an order. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Disclosure of Information
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release User information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Shipping and Returns Policy
The Shipping and Returns policy applies to any Purchases.
Shipping & Delivery
We act as a third-party vender and utilize dropship to ship Purchases internationally. While we endeavour to process and begin the shipping process for all Purchases within 5 business days, we do not guarantee delivery within a set time nor do we reimburse for deliveries outside of any time frame. We do not ship to PO boxes or Military APO/FPO addresses.
The delivery of Purchases may be delayed due to the following circumstances:
I) Billing and shipping addresses don't match and/or if the order needs additional verification, II) Service failure due to our shipping carriers, weather, power outage, or other extreme event that prevent us from operating, III) Order is being shipped internationally and is subject to custom processing times.
We make no guarantee that Purchases will be received by a specific date or time and as such the Customer agrees to not hold CN responsible for any circumstances that befall due to not having received the Purchase by the expected delivery date.
CN shall not be held responsible if an incorrect shipping address is entered such that the package is shipped to an incorrect address and cannot be recovered. Refunds will not be issued for address errors that are unforeseeable and / or outside of our control. When a Customer enters an incorrect address, an additional fee may be incurred to redirect and / or recover the Purchase. This fee will be passed on to the customer. To re-ship orders due to an error on the Customers behalf, the postage and shipping fees will be added to the Customers invoice along with a processing fee.
Returns & Exchanges
All purchases are final sale. We do not accept returns, offer exchanges, or issue refunds for any Purchase, unless explicitly stated. We apologize in advance for any inconvenience this may cause.
If any Purchase order received is identified by a Customer as wrong, incomplete, or missing item(s), and the issue is assumed to be an error on our behalf, please contact us within 72 hours of Purchase delivery, or 72 hours of being made aware of the error. After being reported, the issue will be investigated within 5 - 10 business. If the issue is deemed to be an error on our behalf by us, it shall be rectified through either a refund or distribution of new Purchase order, solely if the final investigation results conclude the error occurred due to a flaw in which we are accountable. If the Customer does not communicate the issue during the aforementioned reporting time period, the Customer agrees to having received the entire Product or Service in full and as indicated on the invoice and CN will not be held liable for any missing product(s) or incorrect service(s) issued.
Modifications to Terms and Policies
We reserve the right to modify thee standard Terms or any additional terms that apply to a Service that may reflect changes to the law or changes to our Services. Users and Account Holders are encouraged to review the Terms and policies regularly. Modifications to Terms will not apply retrospectively and will become effective no earlier than fourteen days after they are made public. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you agree to discontinue your use of that Service.
If there is any inconsistency between these standard terms and the additional terms, the additional terms will prevail to the extent of the inconsistency. These terms govern the relationship between TVOC and the User. They do not create any third party beneficiary rights. In the event of failure to comply with these Terms, we reserve the right to take action against the User in the future. In the event that a particular term is not enforceable, this has no bearing on other policies and does not affect any other Terms.
The courts in some countries will not apply Canadian law to some types of disputes. If the User resides in such a country where Canadian law is excluded from applying, the User's country’s laws will be made applicable to such disputes related to these Terms. Otherwise, the User agrees that the laws of Canada will apply to any disputes arising out of or relating to these Terms or the Services. Similarly, if the courts in the User's country do not permit the User to consent to the jurisdiction and venue of the courts in Ontario, Canada, then the User's local jurisdiction and venue will apply to such disputes related to these Terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or provincial courts of Ontario, Canada and the User and TVOC consent to personal jurisdiction in those courts.
If we decide to change our policies, those changes will be reflected on this page, and we shall update the Policy modification date provided at the top of this page.
If there are any questions regarding our policies you may contact us here or by using the information below.