User Agreement

1. Scope

VoicePic is a Web-based service tht provides a simple way to tag a photograph or image with audio and/or text. The audio can be listened to or the text can be read by clicking on the image within the VoicePic app. VoicePic is a data controller.

This User Agreement is a binding contract between You and the VoicePic, which is a project of Oceanpeak, Inc. ("Oceanpeak"). For purposes of this User Agreement, VoicePic and Oceanpeak are used interchangeably. Read the terms and conditions of this User Agreement carefully before accessing or using the VoicePic website ("website") located at www.voice-pic.com (including any successor sites). Your access to and continued use of this website constitutes Your acceptance, without limitation, of the terms and conditions of this User Agreement. If You do not agree to be bound by these terms and conditions, You may not access or use this website.

If you have any questions or concerns about our User Agreement, please contact us as described below in section 27.

2. Permitted Uses

You are granted limited, non-exclusive and nontransferable license to access and use the website (including its information, materials and documents (the "Content") for the following purposes (collectively, the "Permitted Uses")):

  • To store, tag (with audio and/or text), share and manage photos and images.

You may download or print Content from the website in connection with the Permitted Uses. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

3. Prohibited Uses

You may not (collectively, the "Prohibited Uses"):

  • Use the website other than is expressly authorized by this User Agreement.
  • Directly or indirectly, change, modify, recompile, reframe, rent, sell, distribute or publish any of the website Content, or any portion thereof except in connection with a Permitted Use.
  • Use or launch any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website Content, or in anyway reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any Content through any means not purposely made available through the website. Notwithstanding the foregoing, VoicePic grants the operators of public search engines permission to use "spiders" to copy the website Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. VoicePic reserves the right to revoke these exceptions either generally or in specific cases.
  • Use the website directly or indirectly for the benefit of any third-party, other than as part of a Permitted Use.
  • Disassemble, decode, decompile, or otherwise reverse engineer the website, including, without limitation, any interfaces or software programs comprising the website.
  • Take any action that would impede or interfere with the proper operation of the website, or any transaction being conducted on the website, or with any other person's use of the website.
  • Take any action that imposes an unreasonable or disproportionately large load on the website or any other servers, systems or networks connected to the website.
  • Attempt to gain unauthorized access to any Content or feature of the website, or to any of the services offered on or through the website, or any other servers, systems or networks connected to the website, by hacking, password "mining" or any other prohibited or unlawful means.
  • Probe, scan or test the vulnerability of the website nor breach the security or authentication measures on the website or any other servers, systems or networks connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, including any VoicePic account not owned by you, to its source, or exploit any feature or Content of the website made available or offered by or through the website, in anyway where the purpose is to reveal any information, including but not limited to personal information, other than Your own personal information, as provided for by the website.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VoicePic on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or organization. You agree to provide us with accurate and complete information as required by the registration process.
  • Use or export or re-export the website or any content or service offered on the website for any purpose that is prohibited or unlawful, including without limitation United States export laws and regulations, or prohibited by this User Agreement, or to solicit the performance of any prohibited, unlawful or other activity which infringes the rights of VoicePic or others.
  • Circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

4. Access

The services of the website are only accessible with a user name and password. You must provide accurate and complete information when you open and create Your account. You are solely responsible for maintaining the confidentiality of Your user name and password and for ensuring that no unauthorized person will have access to Your user name, password or account. Your user name, password and account are not transferable and You are fully responsible for all activities that occur under Your user name, password and account. Only one individual at a time may access the website using the same user name and password. You grant VoicePic and all other persons and third-parties involved in the operation of the website the right to transmit, monitor, store, retrieve and use Your personal information in connection with the operation of the website. You agree to immediately notify VoicePic of any unauthorized use of Your user name, password or account or any other breach of security. VoicePic cannot and will not be liable for any loss or damage arising from Your or any authorized users' failure to comply with these provisions.

VoicePic reserves the right, for any reason and without notice, in its sole discretion to terminate, change, suspend, or interrupt the access to, or operation of, in whole or in part, the website as necessary to perform routine or non-routine maintenance, troubleshooting, error corrections, or other changes.

5. Fees

It is free to sign up, sign in and use the services of the website. VoicePic reserves the right to change its fees from time to time in its discretion.

Third-party Service Providers

Third-party service providers under contract with us who help manage our business or deliver services include:

  • Web hosting and audio transcription (Amazon Web Services)
  • Email management (MailChimp)

These third-party service providers have agreed to use any personal information we share with them, or which they collect on our behalf, solely for the purpose of providing the contracted service to us.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VoicePic WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VoicePic, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE". VoicePic MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY OR USEFULNESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, OMISSIONS, MISTAKES, INCOMPLETENESS, OR INACCURACIES OF THE CONTENT, FORMS OR OPERATION, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE WEBSITE, (4) ANY DELAY, INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. VoicePic MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD-PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD-PARTY'S CONDUCT, SOFTWARE AND/OR EQUIPMENT.

7. Limitation of Liability

IN NO EVENT SHALL VoicePic, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY INDIRECT DAMAGES, OR LOSS, COSTS OR EXPENSE WHATSOEVER RESULTING FROM ANY (1) ERRORS, OMISSIONS, MISTAKES, INCOMPLETENESS, OR INACCURACIES OF THE CONTENT, FORMS OR OPERATION, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE WEBSITE, (4) ANY DELAY, INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VoicePic IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VoicePic MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD-PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD-PARTY'S CONDUCT, SOFTWARE AND/OR EQUIPMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

8. Indemnity

You agree to indemnify, defend and hold harmless VoicePic, its officers, directors, employees, agents, successors, assigns and any other person or entity involved in the creation, production and/or distribution of the website, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (1) Your access to and use of the website; (2) Your violation of any term of this User Agreement or Privacy Policy; (3) Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (4) any claim that one of Your submissions caused damage to a third-party. This defense and indemnification obligation will survive this User Agreement and Your access to and use of the website.

9. Trademark Notice

"VoicePic" and "Every Picture has a Story" are registered trademarks of Oceanpeak, Inc. "Oceanpeak", the VoicePic logo and the Oceanpeak logo are trademarks of Oceanpeak, Inc. All other trademarks referred to on the website are trademarks (registered or otherwise) of the respective trademark owners.

10. Copyright Notice

VoicePic, PO Box 3209, Santa Monica, CA 90408. All Rights Reserved. The website, including without limitation the Content found on the website, is copyrighted subject matter owned by VoicePic, other third-party organizations or Users and is protected by United States and international copyright law. You may not use, reproduce, reformat, excerpt, translate, distribute, prepare derivative works of and display this Content, in whole or in part, except as is expressly authorized by this User Agreement.

If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

11. Intellectual Property Rights

In the course of using the website, users may provide information about themselves which may be visible to other users. You understand that by submitting or posting Content on the website or otherwise providing materials to VoicePic ("User Submissions"), you are granting VoicePic a non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, reformat, excerpt, translate, distribute, prepare derivative works of and display Content in the course of offering the website's services.

You agree that all Content submitted, posted or transmitted through the website is the sole responsibility of the person from which such Content originated and that VoicePic will not be liable for any errors or omissions in any Content. You agree that VoicePic cannot guarantee the identity of any other users with whom you may interact in the course of using the website. Additionally, VoicePic cannot guarantee the accuracy, completeness, authenticity or usefulness of any Content which users may provide about themselves, their organizations and their background, interests, activities and relationships.

The Content on the website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to VoicePic, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "as-is" and "as-available" for Your information, education and personal use only and may not be used, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as expressly authorized by this User Agreement.

VoicePic reserves all rights not expressly granted in and to the website and the Content.

12. Third-party Rights

You agree not to submit, upload or otherwise place any Content on the website that would infringe or otherwise violate anyone's copyright, intellectual property, privacy or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

If you are a copyright owner or an agent thereof and believe that Your copyright interests are being infringed by anything on the website, You may notify us of Your claim, pursuant to the Digital Millennium Copyright Act ("DMCA"), by filing a Notice with our Copyright Agent. Your Notice must be in writing (either by certified or registered mail to: VoicePic, Attn: Copyright Agent, PO Box 3209, Santa Monica, CA 90408 or via our contact us form) and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the website that You claim is infringing; (4) information VoicePic can use to contact You, including Your telephone number, and email address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

13. Endorsement Disclaimer

VoicePic does not endorse, support, sanction, or verify the Content submitted to or placed on the website by Users. Unless otherwise specifically indicated, VoicePic does not endorse and has no affiliation with any of the individuals, organizations or entities mentioned, listed in, described on or linked to via the website, and it makes no representations or warranties whatsoever with regard to those individuals, organizations or entities.

VoicePic has no control over, makes no representations or warranties and assumes no responsibility for the Content, practices or privacy policies of any third-party websites or those Users that review or receive the personal information that is collected as part of the website's services. By using the website, you expressly relieve VoicePic from any and all responsibility or liability arising from Your use of any third-party website. Our Privacy Policy only governs information collected on the website. Accordingly, VoicePic encourages you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

14. Financial and Legal Advice Disclaimer

The Content on the website is provided for entertainment, educational and informational purposes only. Such Content does not constitute and is not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. VoicePic suggests that You consult an attorney, accountant, and/or financial advisor to answer any legal or financial questions.

15. Privacy

Use of the website services is also governed by the Privacy Policy, which is incorporated into this User Agreement by this reference.

16. Notices

Except as is stated herein to the contrary, any notices to VoicePic must be delivered in writing (either by certified or registered mail to: VoicePic, Attn: Notices, PO Box 3209, Santa Monica, CA 90408 or via our contact us. We'll confirm when the account has been closed. Surviving terms of the agreement are described in a preceding section of this User Agreement.

24. Feedback and Questions

You are encouraged to review Help for additional information about any questions that you may have regarding the User Agreement or Privacy Policy.

Any feedback you provide to this website shall be deemed to be non-confidential and non-proprietary. VoicePic shall be free to use such feedback and information on an unrestricted basis.

25. Modification

VoicePic reserves the right, in its sole discretion, to modify, alter, or otherwise revise the features, services and pricing of this website without prior notice. VoicePic also reserves the right, in its sole discretion, to modify, alter or otherwise revise this User Agreement as well as the Privacy Policy at any time by posting such modified versions on the website. You agree to monitor regularly the User Agreement as it appears on the website. Your continued use of the website after the posting of any modified versions shall constitute Your agreement to the modified User Agreement.

26. Date Last Modified

This User Agreement is version 1.1 and was last modified August 1, 2022.

27. Contact

If you have any questions about this the Privacy Policy; Your personal information, Your consent for the use of Your personal information, Your opt-in or opt-out choices, the User Agreement, the practices of the Web Site; or Your dealings with the Web Site, please use our: contact us form or by mail at:

VoicePic
Privacy Compliance
PO Box 3209
Santa Monica, CA 90408.