2. The Voice Realm's service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that The Voice Realm reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The Voice Realm will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
5. Registration and Password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify The Voice Realm of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. The Voice Realm will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without The Voice Realm 's prior written consent; (e) you will not provide any content that may give rise to The Voice Realm being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets; (f) you will not provide your contact details (such as full name, email address, phone number, messenger name) to any client or voice artist through -but not limited to- the casting, scripting, and auditioning system.
7. Submission of content on this web site for demo/audio samples once an approved voice talent
By providing any content to this web site once you are an approved voice: (a) you agree to grant The Voice Realm a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part to attract new clients to the website and any websites that The Voice Realm LLC own or operate. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant The Voice Realm the license specified in this section 7; (c) you acknowledge and agree that The Voice Realm will have the right (but not obligation), at The Voice Realm 's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. You must not partake in any business dealings with advertisers after being introduced by The Voice Realm, by circumnavigating the site, or any other means of contact for a period of one year of the initial job booking or auditions. Voice talent may not contact any client to solicit work that they were made aware of though the websites usage. You must not reveal any contact details to any client by any means. Clients may only reveal contact details after paying and hiring a voice talent purely for the means of giving vocal direction for the recording. You agree that all forms of communication between the advertiser and voice artist may be monitored for infringement of this, including but not limited to instant messaging, emails, audio files, pdf, word documents, or any type of digital file.
9. Client and Voice Artist usage of the site
Clients engage the recording services of voice over artists though the website. Any audio recordings made through the 'audition feature' must never be used for anything other than deciding if a voice is suited to a particular voice recording. These 'audition recordings' must never be used without remuneration to artist and The Voice Realm. NY state clients/advertisers must pay an additional 8.875% tax on all transactions. AFTRA and SAG projects are charged at scale rate +10% commissions. Each voice artist must include an image of themself in their profile. Voice artists agree not use full names in images, messages, bios or contained within audio files or filenames or anywhere on the site except within their personal settings and for payment purposes. The only language, dialect, accents to be selected are mother tongue unless approved by The Voice Realm in rare circumstances.
Voice talent agree that if a client books them directly from their demo, for a job of less than 2 minutes and without an audition, that this would be classified as an unpaid audition. Only once the client requests a second file, or the job is marked as completed by client, or 14 days pass with no further communication from the client side, is this confirmed as a paid booking. This forms part of the 'Satisfaction Guarantee'.
All jobs must be completed through the website. The Voice Realm reserves the right to remove any voice artist or advertiser at any time from accessing the site without reason. The Voice Realm may, at our discretion, remove any messages in which a voice talent or client is trying to initiate external contact outside of the site before the voice talent is hired through the site. The Voice Realm is not responsible for compensation to any artist’s agent, manager, or any other legal representative of the artist for jobs booked through the site. Each individual voice artist reserves the right to supply audio files of below broadcast quality until the client approve and pays for the final file to be delivered. Voice talent agree to record for all rates set forth on the voice over rate page at http://www.thevoicerealm.com/pricing.php
Auditions, Casting Notices and Paid Jobs will be automatically closed after 14 days of no activity from the client side and marked as completed. This is overridden if the job is still not closed within 30 days of the original date of booking. Any further recordings will then be charged as 'revisions' as set out on the rate page.
All price listed on the rate page are for non union voice over work. Rates are buyout except for radio and TV broadcast which includes usage for one year from date of recording. Buyout rates for indefinite and unlimited use are double the applicable one year rate and any relevant loadings.
10. Subscription services (Voice Listing Fee) payments and commissions
If a voice talent purchases a subscription service, they agree to pay all charges, including but not limited to applicable taxes and fees for the use of additional features not included as part of your subscription service. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. Any listing or subscription fees paid are non-refundable. The Voice Realm is not responsible for any fees or charges for receiving or initiating payments through PayPal or any discrepencies in currency conversion rates. Voice talent are independent contractors and must provide W-9 forms for tax purposes at the request of The Voice Realm. The Voice Realm is not liable for any payments to the voice talent for extra negotiations they have made with a client (including but ot limited to revisions or production) if no pre-payment has been received. Voice talent should not provide any client with audio within a paid booking until notification has been given that pre-payment has been received.
Renewals are NOT automatic. The Voice Realm does not offer an automatic renewal service. To continue using the service a manual subscription must be made every 12 months. Being listed, paying a subscription or voice listing fee does not guarantee any work through the website.
12. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE VOICE REALM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE VOICE REALM MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE VOICE REALM NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE VOICE REALM WILL NOT BE HELD LIABLE IN ANY WAY. THE VOICE REALM IS NOT RESPONSIBLE FOR PAYMENT TO ANY VOICE TALENT IF A FRAUDULANT TRANSACTION HAS BEEN MADE BY A USER THROUGH THE SITE'S MERCHANT SERVICES PROVIDER. THE VOICE REALM IS NOT RESPONSIBLE FOR COLLECTING MONEY OWING AS A RESULT OF VOICE TALENT PROVIDING RECORDINGS BEYOND THE NOTIFIED TIMINGS IN BOOKINGS FUNDED BY PREPAYMENTS BY CLIENTS AND HELD IN ESCROW. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE THE VOICE REALM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
14. Reservation of rights
The Voice Realm reserves all of The Voice Realm 's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that The Voice Realm may have in respect of this web site, its content, and goods and services that may be provided. The use of The Voice Realm’s rights and property requires The Voice Realm 's prior written consent. By making services available to you, The Voice Realm is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without The Voice Realm’s prior written consent.
15. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, The Voice Realm ‘s copyright agent may be contacted via: info (at) thevoicerealm.com
16. Applicable law
17. Miscellaneous information