Voice Actor Registration

Terms and Conditions of Use

1. Introduction

1.1 These terms and conditions apply to the use of services provided by Voquent Ltd, a company incorporated in England and Wales under number 11041329 and having its registered office at 71-75 Shelton Street, London WC2H 9JQ ("we", "us" or "our"), through the website accessed through the domain name https://www.voquent.com (the "Website").

1.2 Someone who uses the services available through the Website (the "Services") is referred to as a "User", "you" or "your" and may be using the Services as an Actor. Any such Users will require an account with the Website to access its full functionality but other Users may access the Website’s public areas (which may include voice recordings of Actors) without having an account. Users without an account may access such public areas but may not download or otherwise seek to obtain any copy or record of the content of the Website which represents copyright materials of us or the User who uploaded such content.

1.3 An Actor is a User who has registered with an Actor account on the Website. If the individual is under 18 years of age then references to the Actor include, as appropriate, their parent or guardian and the User creating such account warrants that they are over 18 and if not the Actor themselves that they are the parent or guardian of the relevant individual.

2. Our Role

2.1 The Website includes and offers a means of allowing voice actors to advertise their skills and capabilities to those seeking them and to be considered for roles involving recorded performances. Voquent is committed to protecting both the confidence of the clients and the creative rights of performing Actors commissioned for a role. As part of this process all Actors acknowledge and agree that we shall be entitled and are authorised to:-

2.1.1 Provide access to their User Profile including any User Portfolio to our clients, prospective clients and contacts (“Clients”) who wish access to such portfolio items to consider whether the relevant individual’s talent is suitable for considering for a project or role. Public Access Users may also have access to a User’s Profile on a limited basis whereby they can only access sample information and materials;

2.1.2 discuss the content of your User Profile including your User Portfolio with any such Clients;

2.1.3 discuss with such Clients whether the Actor may be suitable for a particular role or to audition for such a role; and

2.1.4 we undertake that we shall not use any content of your User Portfolio or any Recording other than for the purposes of providing the Services or as agreed with the Actor as appropriate and in particular shall not make or permit any use of an Actor’s voice-over recordings in connection with the formation of any synthetic voice (aka AI voice, Text-To-Speech voice) production unless expressly agreed with the Actor in writing and recorded specifically for that purpose.

2.2 It is drawn to the attention of Actor that:

2.2.1 if we contact you to discuss being considered for a role or request an custom audition for further consideration by the Client, it is your responsibility (at your cost) to provide such audition recording to us and if you request that we make any arrangements to create such recording using our services this will not be subject to any further charges unless explicitly agreed by all parties in accordance with the terms of use of any related studio facilities;

2.2.3 if an Actor wishes to propose an alternative fee, pricing model or rate when being considered for a role or audition they must advise us at the time of confirming their interest in the role or audition. Rates will have been set having regard to the Client’s budgets and expectations but Actors, or their representing agents, are free to advise us that they wish a higher rate or different basis of charging. If the Actor or their representing agent does not propose any alternative charge at that point they are deemed to agree the original price proposed. If the Actor or their representing agent proposes a different price they should not incur any cost in preparing any recording or otherwise in connection with the role or audition until we have confirmed their alternative pricing proposal. Please note confirmation of any alternative pricing proposal does not imply that the Actor will be successful in any audition or that their recording will be used by the Client, but only that such pricing proposal will be used as the basis of payment if the Actor is selected for the role;

2.2.4 where you are provided with any script for any such role or audition, you acknowledge, agree and undertake that you will not copy or disclose such script to any third party and will ensure that it remains confidential. In particular, you are not entitled to make use of any recording which you submit to us other than for the purposes of such audition and acknowledge and agree it will not be provided to any third party or to your User Portfolio without our express written consent;

2.2.5 you will not deal with the Client or its representatives directly regarding any commercial or contractual aspect of the role or audition or any work related to it other than through us or with our express written consent; .

2.2.5 while we shall use all reasonable endeavours to keep the Website available at all times, access is subject to internet availability and we may also on occasion require to carry out hardware and software maintenance or upgrades resulting in the temporary suspension to some or all aspects of the Website;

2.2.6 the content of a User's Profile and Portfolio while following the template created by us, is uploaded entirely by the User who has sole responsibility for its content.

2.3 If you are successful in being considered by a Client for a role, you authorise us to enter into an agreement with the Client to allow the Client to use any recording which is made by you for the purposes of such role (the “Recording”) and, where it is required by the Client, agree to execute a talent release that states, on your behalf, any limitations applicable to the broadcast or use of such work. In all cases, we shall agree with you:-

2.3.1 the terms of use of the Recording (“Usage”) both with regard to limits to purpose, medium, geographical territory and any duration or specified time limits which would not be an all rights licence unless expressly agreed with you;

2.3.2 the price to be paid to you including basic session fees or scale if applicable to perform the recording itself and for the use of the Recording on the basis of the Usage terms agreed ; and

2.3.3 you authorise us to grant a licence to the Client of the Recording on the scope of such agreed terms.

For the avoidance of doubt you do not consent to any use of the Recording other than for the purposes of the audition or its use in terms of any agreed licence which will be documented separately with you in accordance with a request from us which requires your consent.

2.4 Following the completion of a recording, you acknowledge that you will not deal directly with the Client or its representatives in connection with the Recording or any further project connected with or relating to the Recording without our express written consent.

3. User Profile and Accounts

3.1 When registering to use the Website Users will be required to create a profile ("User Profile"). Where the User is an Actor they will also be able to create a portfolio within their User Profile to which they may upload demos of their work (“User Portfolio”).

3.2 Users are responsible for all information they post or upload to the Website, for the content of their User Profile and User Portfolio and for their own security in connection with our services, both online and offline.

3.3 The User Profile will include information which is made available to other Users ("Public Profile") and information which is only made available to us to allow us to support the provision of the Services ("Private Profile"). By uploading such information Users consent to our using it to provide services through the Website and acknowledge and agree that the contents of their Public Profile and in particular their User Portfolio may be made available to Clients and any visitors to the Website who are not registered as a User.

3.4 Actors on their own behalf warrant and confirm that:

3.4.1 all content in their User Profile is accurate and not misleading; and

3.4.2 no content in their User Profile including for the avoidance of doubt any content in their User Portfolio infringes the copyright, other intellectual property rights, or any other rights of any third party.

3.5 In the event that we consider at our discretion that any content of a User Profile including any User Portfolio breaches the warranties set out at Condition 3.4 above we reserve the right to remove such item immediately and each User hereby agrees to indemnify us from any liability we incur as a result of the content of the User Profile and/or User Portfolio.

3.6 Users are responsible for all use made of their account. When registering to use the Website, Users will be required to set up a password for their account and will be offered the option of two-factor authentication. Users are responsible for all transactions or use made of their account through their password. You should contact us immediately if you believe unauthorised use has been made of your account.

3.7 If, in our opinion (entirely at our discretion), any User fails to comply with these terms and conditions or makes inappropriate use of the Website, we may immediately suspend or terminate their account.

4. User Responsibilities

4.1 Users are not our employees or consultants and are solely responsible for their own actions both on and off the Website.

4.2 We may immediately suspend or terminate any Actor’s User account and/or access to the Website and/or any agreement with the Actor for their casting in a role or use of any of their recordings if in our opinion (entirely in our discretion), any User:

• - fails to comply with these terms and conditions or makes inappropriate use of the Website;
• - provides inaccurate or misleading information in their application or User Profile.
• - does not respond to repeated written requests.
• - offers no consistency or assurance relating to availability for recording sessions.
• - fails to attend a scheduled recording session either at a home studio, remotely or in-person at an agreed studio location.
• - fails to deliver a commissioned recording before the agreed deadline.
• - provides audio quality we consider sub-standard including but not limited to: panned audio, unwanted background noise, broken files, processing or over processing audio, slating or watermarking files, incorrect file formats and or audio resolution;
• - does not follow or perform in as per the written brief for any audition or recording including not limited to required intonations, specified pronunciations, missed words or unscripted word changes;
• - makes frequent errors or mistakes on the recording;
• - provides poor customer service including but not limited to arguing with a client, making disparaging comments about a script or the job during a live recording session;
• - Following the delivery of a completed performance, attempts to add further costs to an existing, agreed job out with those already confirmed and specifically stipulated on the corresponding Purchase Order provided by us including but not limited to fees for representing agents, recording, editing, delivering, administration or payment processing fees for receiving agreed funds;
• - exchanges contact information or discuss any aspect of the project terms including but not limited to the limitations of rights, session and usage fees or future related recording opportunities with a Client or its representatives without our express written consent;
• - seeks to persuade a customer against using our services;
• - comments negatively about our services in public, including but not limited to social media platforms, forums, blogs, and websites.

5. Payment

5.1 If any payment is to be made to an Actor, resulting from any Recording or booking, this will be dealt with in accordance with the Purchase Order we supply and the licence terms agreed for its use.

6. Disclaimers and Limitation of Liability

6.1 Nothing in these terms and conditions in any way limits or excludes our liability for negligence causing death or personal injury or for anything which is not permitted by law to be excluded or limited.

6.2 We shall not be liable for any loss or damage where:

6.2.1 there is no breach of a legal duty of care owed to you;

6.2.2 such loss or damage was not reasonably foreseeable by us;

6.2.3 such loss or damage is caused by you or arises from your failing to comply with these terms and conditions; or

6.2.4 such loss or damage is not a direct loss – we have no liability for indirect or consequential loss.

6.3 To the extent allowed by law, all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these terms and conditions are excluded.

7. Changes to these terms and conditions

We may change these terms and conditions by posting the revised version on the Website at least 14 days before they become effective. Please check the Website from time to time. You will be bound by the revised terms and conditions if you continue to use the Website or the services following the effective date shown.

8. Governing Law & Jurisdiction

8.1 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and the courts of England shall have non-exclusive jurisdiction to settle any such dispute or claim.

8.2 If any clause or any part of these terms and conditions is found to be unenforceable in law, the other terms and conditions will remain in force.