Terms of Use


Home	Demos	Voice Overs - Narration	Phone Recordings	Contact

Terms of Use ACCEPTANCE OF TERMS KerryMcCall.com, dba: Kerry McCall Productions, makes available for your use on this website located at http://kerrymccall.com (the "Site") information, documents, software and products (collectively, the "Content") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing the Site, you agree to the Terms of Use. Kerry McCall Productions reserves the right to change the Terms of Use from time to time at its sole discretion without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. There may be additional terms and conditions relating to your use of certain portions of the Site. If you use these other portions of the Site, you will also be bound by those other terms and conditions. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site. INTELLECTUAL PROPERTY RIGHTS All logos, recordings and other intellectual property rights in the Site, any Content and any Services rendered are owned by and shall at all times remain the property of Kerry McCall Productions and/or third parties through written agreement and in accordance with usage limitations. Kerry McCall Productions DOES NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Site, the Content or the Services. You may only use such intellectual property as specifically authorized by these Terms of Use. VOICEOVER AND RECORDINGS USAGE LIMITATIONS Buyers/contractors for service will abide by the following usage limitations when procuring voiceovers from Kerry McCall Productions. Each recording is the licensed property of Kerry McCall Productions and may not be modified. As a buyer/contractor for services, you are granted the following usage of the recording(s) produced by Kerry McCall Productions: unless otherwise specified in writing, each recording is to be used in one geographical location and as a part of one platform for broadcast or one platform for non-broadcast. Additional geographic locations or platforms for the use of Kerry McCall Production’s voiceovers will incur an additional charge per location or platform. This applies to all broadcast and non-braodcast usage, including, but not limited to Radio, TV, podcasts, web videos, web streaming and multimedia, training applications, telephony applications and all other audio systems and devices that playback audio. You DO NOT have the authorization to sell, resell, assign or further distribute recordings without the written consent of Kerry McCall Productions. Usage rights for voiceovers produced by Kerry McCall Productions are non-transferable and non-assignable unless agreed to in writing. COPIES Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored or used in any form or by any means without Kerry McCall Production's prior written consent. CONTENT You may view, download and print the Content subject to the following conditions: • The Content may be used solely for your personal, informational, internal and noncommercial purposes. • The Content may not be modified or altered in any way. • The Content may not be distributed. • You may not remove any copyright or other proprietary notices contained in the Content. • Kerry McCall Productions reserves the right to revoke your authorization to view, download and print any Content at any time, and you must discontinue any such use immediately upon written notice from Kerry McCall Productions. • The rights granted to you in these Terms of Use constitute a revocable, non-exclusive, personal, non-transferable license and NOT a transfer of title. • Notwithstanding the foregoing, elements of the Site (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part. The downloading or other acquisition of any Content, Services or products through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other damage or loss that results from any such downloading or acquisition. No advice or information, whether oral or written, that you obtain from Kerry McCall Productions or through or from the Site will create any warranty not expressly stated in these Terms of Use. The Site contains links to third-party websites that are not under Kerry McCall Production's control. Kerry McCall Productions makes no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than the Site, you do so at your own risk and Kerry McCall Productions is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on these websites or for the quality of any products or services available on these websites. Kerry McCall Productions provides these links merely as a convenience and the inclusion of such links does not imply that Kerry McCall Productions endorses, recommends or accepts any responsibility for the content or use of these websites. IN NO EVENT WILL KERRY MCCALL PRODUCTIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT KERRY MCCALL PRODUCTIONS COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR INFORMATION Refer to the Privacy Policy posted on the Site to learn how Kerry McCall Productions protects your personal information. To the extent you provide any information to Kerry McCall Productions while using the Site, you represent and warranty that all such information is accurate and complete in all respects. TERMINATION AND MODIFICATION Kerry McCall Productions may modify or terminate the Site, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Site, at any time without notice. The Content or Services may be out of date, and Kerry McCall Productions makes no commitment to update any Content or Services. REFUNDS All purchases and subscription sales are final. INDEMNITY You agree to indemnify and hold harmless Kerry McCall Productions and its subsidiaries, affiliates, officers, agents, affiliates, co-branders and employees from and against any cost, expense, indebtedness, liability, loss, claim or demand, including without limitation reasonable attorneys' fees and disbursements, arising out of scripts and other content you submit, post to or transmit through the Site, your use of the Site or any Content or Services, your connection to the Site, your violation of these Terms of Use or your violation of any rights of Kerry McCall Productions or any other individual or entity. NOTICES You may send notices to Kerry McCall Productions at http://kerrymccall.com. Any notice will be effective upon actual receipt by Kerry McCall Productions. Kerry McCall Productions may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting on the Site. GOVERNING LAW AND JURISDICTION These Terms of Use (i) may be amended by Kerry McCall Productions at any time by posting an amendment on the Site, whether or not you actually receive notice of the amendment, or by you and Kerry McCall Productions in a writing executed by you and Kerry McCall Productions, (ii) inure to the benefit of, and are binding upon, you and Kerry McCall Productions and each of your and Kerry McCall Production's successors and assignees, except that you may not assign any of your obligations under these Terms of Use without Kerry McCall Production's prior written consent, (iii) are governed by and will be interpreted and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws and (iv) constitute the entire agreement between you and Kerry McCall Productions with respect to the subject matter hereof, and supersede all prior oral and written proposals, representations, understandings and agreements. You and Kerry McCall Productions will submit any dispute relating to the Site, the Content, the Services or these Terms of Use exclusively to a federal or state court located in the County of San Diego, California and consent to its being a proper venue for such dispute. Kerry McCall Productions makes no representation that the Site, the Content or the Services are appropriate or available for use in locations other than the State of California, and accessing them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so exclusively on their own initiative, for their own purposes, and are responsible for compliance with local laws.