1. Introductory Provisions
1.1. Voice-Base.com (hereinafter referred to as “Voice-Base.com”) operated on the domains voice-base.com, databazehlasu.cz, databaze-hlasu.cz (as may be changed at any time) and the provider of its services (hereinafter referred to as “Services”) is the company digiONE s.r.o., with its registered office: V Olšinách 2300/75, Strašnice, 100 00 Praha 10, company ID number: 06784224, tax identification number: CZ06784224, maintained with the Municipal Court in Prague under file no. C 288867, telephone no. +420 773 333 100, e-mail: firstname.lastname@example.org (hereinafter referred to as “Operator” or “digiONE”). The Operator is a VAT payer.
1.2. Voice-Base.com is intended for the general public interested in voice acting. Especially for all Performers, i.e. professional and amateur artists to present their own skills with an interest in being cast in roles in audio-visual works. Voice-Base.com is also intended for all Clients, i.e. visitors interested in professional services in the field of production of audio and audio-visual works, who want to find their way through the offer of performers and find the optimal performer for their projects. Interpreters and Clients are collectively referred to as Users.
1.3. These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the basic rights and obligations between the Operator and the users/visitors of Voice-Base.com who are interested in the Operator’s Services (i.e. Interpreters and Clients) and form part of the contractual arrangement between them. If you are only a visitor to the Website, you are obliged to abide by the terms and conditions we state herein for the use of the Website.
1.4. A Performer means a user/visitor of Voice-Base.com, a legal entity or natural person acting as business entity who is interested in creating, publishing and presenting his/her personal professional profile on Voice-Base.com, in order to cooperate with the Operator on commercial projects (hereinafter referred to as “Performer” or “Performers”).
1.5. A Client means a user/visitor of Voice-Base.com, a legal entity or natural person acting as business entity who is interested in the Operator’s Services, in particular in finding and selecting a suitable performer (voice casting) for their projects and the implementation of the project or part thereof in cooperation with the Operator, i.e. in particular the production and delivery of voice tracks, related services or the complete production of the entire audio or audio-visual work.
1.6. Provisions deviating from these terms and conditions (hereinafter referred to as “GTC”) may be negotiated in separate contracts concluded between the Performer and the Operator or the Client and the Operator. The deviating provisions in the contracts shall prevail over the provisions in the General Terms and Conditions.
1.7. The Operator may unilaterally change or supplement the wording of the GTC. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the GTC. The Operator shall publish the aforementioned GTC in a suitable manner on the Voice-Base.com portal.
2. Rights and obligations of the Performer
2.1. Registration, creation and presentation of a personal profile on the Voice-Base.com portal is completely voluntary and free of charge for all the Performers.
2.2. Any Performer (in case of a minor, his/her parent, legal guardian or custodian) who successfully registers via the registration form and fulfils the conditions set by the Operator may join Voice-Base.com.
2.3. A Performer who is interested in using the Operator’s services and being included in the Voice-Base.com is obliged to fill in the registration form in a true manner. The Performer (in case of a minor, his/her parent, legal guardian or custodian) is responsible for the fact that he/she is authorized to consent to these GTC. By submitting the registration form, the Performer agrees to these GTC and undertakes to comply therewith.
2.4. After submitting the registration form, the Performer is automatically created a user account on the Voice-Base.com portal and sent login data. The Performer (in case of a minor, his/her parent, legal guardian or custodian) can make modifications to his/her personal profile from his/her use account. Any change to the profile is always subject to the approval of the Operator before publication.
2.5. When completing a personal profile, the Performer (in case of a minor, his/her parent, legal guardian or custodian) is obliged to provide all information in a proper and true manner and to keep all information in the profile up to date at all times.
2.6. Some of the information included in the Performer’s personal profile, such as the Performer’s number, gender, native language, photo, vocal expression level, voice category, voice timbre, voice acting languages, voice samples, or other records, are marked as “public” in the Performer’s user account, which means that after such information is submitted by the Performer and approved by the Operator, it is freely accessible through DatabázeHlasů.cz worldwide on the Internet and anyone can make a link thereto, which the Performer (in case of a minor, his/her parent, legal guardian or custodian) agrees to and is not entitled to any payment or other consideration for such use from the Operator or anyone else.
2.7. The Performer (in case of a minor, his/her parent, legal guardian or custodian) represents that by uploading any content to his/her profile, he/she does not infringe any rights of third parties. The Performer (in case of a minor, his/her parent, legal guardian or custodian) who uploads any content (e.g. photographs, samples of his/her work, audio recordings, etc.) to DatabázeHlasů.cz confirms that he/she is the holder of all copyrights and other rights (such as rights of performers and producers of audio and audio-visual recordings and industrial property rights) or that he/she has obtained the necessary consents from the persons concerned (rights relating to personality, copyrights) to use the uploaded content, necessary to legally upload the content to Voice-Base.com and to make it available to other users and other persons (i.e. the public). The information provided by the Performer in the user account is considered true by the Operator. In the event that the Performer’s content causes damage to third parties, the Performer is obliged to compensate the Operator, including any non-material damage.
2.8. The Performer (in case of a minor, his/her parent, legal guardian or custodian) who uploads any content (e.g. a photograph, audio recording with a voice sample, etc.) to Voice-Base.com, grants the Operator by uploading this content to the user account an unlimited, non-exclusive license/sublicense to exercise the right to use it.
2.9. There is no entitlement to registration, creation of the user account of the Performer and its inclusion in the Voice-Base.com. The Operator reserves the right to refuse the registration and publication of the Performer’s personal profile to any person and for any reason, without giving any reasons.
2.10. In the event that the Performer is no longer interested in using the Operator’s services, he/she is entitled to request the deletion of his/her public profile and all the personal data provided in his/her profile, by sending a request to the e-mail address email@example.com.
2.11. For information on the processing of personal data, please visit the Personal Data Processing Policy.
3. Rights and obligations of the Clients
3.1. Client means a person who is interested in the Operator’s services, has requested the Operator’s services or with whom the Operator has entered into a contractual relationship.
3.2. The Client undertakes not to request or contract the services from the Performers directly, excluding the Operator, for a period of 5 years from the last request for services. In the event of breach of this obligation, the Operator shall be entitled to a contractual penalty of CZK 100,000 per individual case of breach.
3.3. By ordering the services, the Client also agrees to these GTC and undertakes to comply therewith.
3.4. The Client account is the Client’s user account created by the Operator and made available to the selected Clients on Voice-Base.com after entering a valid username and password. The Client will receive the access data together with a link to log in from the Operator after creating the account. There is no legal entitlement to create the account.
3.5. The Client account offers the Client a practical overview of the orders realized on the basis of the contractual relationship between the Client and the Operator. The account also contains selected information about the Client, which the Client manages through the Client account and which the Client is obliged to keep up to date. In connection with the operation of the Client account, we process the following Client data: identification data of the legal entity or natural person, billing data including account number, field of activity, name and surname, e-mail address, telephone number and the job title of the contact person. None of these data are published anywhere, they are only available to the Client and the Operator for the purpose of business cooperation.
3.6. There is no entitlement to create and make the Client account available to the Client. The Operator reserves the right to refuse the registration and publication of the Client’s personal profile to any person and for any reason, without giving any reasons.
3.7. In the event that the Client is not interested in continuing to use the Operator’s services, the Client is entitled to request closing the Client Account by sending a request to the email address firstname.lastname@example.org.
3.8. For information on the processing of personal data, please visit the Personal Data Processing Policy.
4. Rights and obligations of registered users
4.1. Access to the user account is secured by a username and password. The user is obliged to keep confidential regarding the information necessary to access his/her user account. The user is fully responsible for all the acts taken using his/her user account.
4.2. The user is not entitled to allow third parties to use the user account.
4.3. The Operator reserves the right to close the user account in the event that the user seriously breaches the contractual provisions or violates the legal regulations.
4.4. The user acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Operator’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
4.5. The user is obliged to inform the Operator without undue delay if he/she suspects any misuse or disclosure of his/her access data to a third party. In the event of reasonable concern that the service is being or may be misused, the Operator is entitled to block the user account or to ask the user to change his/her password. The Operator shall not be liable to the user for any damage incurred as a result of the disclosure or misuse of the user’s access password.
5. Website and user account use communication policy
5.1. The Performer (in case of a minor, his/her parent, legal guardian or custodian), the Client, or other users (collectively, the “User” or “Users”) may not:
- post any harmful content to Voice-Base.com/their profile or engage in any activity that may violate or compromise the rights of others,
- use Voice-Base.com/their profile for unlawful or malicious activities,
- post any content that promotes or contains racial, national, religious or other intolerance or discrimination or unlawful activities,
- post any vulgar and/or offensive content,
- post any content that fails to respect the privacy of others,
- harass verbally or in any other way other users of Voice-Base.com (including sending unsolicited communications – spam),
- insert personal data of other persons, copies of any documents, etc. into Voice-Base.com your profile,
- identify persons in Voice-Base.com, in particular by linking profiles on social networks or websites with the content in Voice-Base.com,
- collect any data about the users of Voice-Base.com, especially by using any automated assistance,
- upload viruses or malware (or content of which they are not sure of its safety), nor are they authorized to insert links to websites that may contain viruses, malware or any other attack software,
- hack into other users’ profiles, improperly obtain or use their passwords and login credentials, or otherwise attempt to manipulate profiles that are not created by the relevant Performer,
- upload any content that infringes or compromises the trademarks or reputations of third parties and businesses,
- do anything that could jeopardize the operation of Voice-Base.com or in any way damage its system and proper functionality. Any modifications to the profile that are not directly allowed in the profile administration are prohibited,
- exploit any errors found in the system. Everyone is thus obliged to report any errors found without undue delay to the Operator at the contacts listed on the Voice-Base.com portal.
5.2. It is forbidden to reverse engineer or decompile our website, and technical protection measures may not be circumvented during use.
5.3. You may not use the website for purposes other than those specified by the Operator, in particular not for unlawful or competitive purposes. If you use our website to gain a competitive advantage, you will be infringing our copyright and these Terms and Conditions, and it may also constitute unfair competition.
5.4. Unless we instruct you to do so in writing, you may not access our service by any automated tools (e.g. use bots, software and other similar tools aimed for this purpose). You are also prohibited from interfering in any way with the normal operation of the website, including any attacks, changes to TCP/IP protocols or intentional transmissions of excessive amounts of data that may place an undue burden on our infrastructure.
5.5. Spreading any viruses or engaging in any other unlawful activity is prohibited.
6. Final provisions
6.1. If the relationship related to the use of Voice-Base.com or a legal relationship established by a separate contract contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic. In the event of a legal dispute between the Operator and the User (Performer or Client), the court of the Operator’s registered office shall be the competent court.
6.2. If any of the provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectivity of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Terms and Conditions require a written form.
6.3. The website and the services themselves may be modified by the Operator at any time, without prior notice, even if there is a contractual relationship between us.
6.4. We may change these Terms and Conditions, and therefore the content of our contract, to the extent necessary, mainly due to amendments in legal regulations or in the functions of our services. If the changes have a significant impact on you as a Performer or Client, we will notify you by email at least one month before the intended effective date of the change. You may express your disagreement with the change by email. If you agree to the change or fail to comment within one month of notification, our services will continue to be provided on the new terms. Conversely, if you do not agree with the change within one month of notification, we will terminate your services under the GTC as of the effective date of the new Terms and Conditions.
6.5. These Terms and Conditions shall come into force and effect on 1 September 2021.
In Prague on 1 September 2021