Voiijer Terms of Use

Last Updated: October 12, 2023

Welcome to the Voiijer platform. A place for people to participate, be inspired, and experience Exploration. This is a unique opportunity for Explorers to share stories that otherwise may never be seen, and to bring people closer to the places they have dreamed about. 

Our mission is to connect Explorers and their stories to the world through a social media platform using our tools to document and directly share Exploration stories. One way Voiijer supports that mission is to collect stories by current Explorers like you, and future Explorers alike. We are glad you are here. Please read our terms below and continue Exploring only if you agree to them.

  1. Your Use of the Platform.

These terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), are an agreement between you and Voiijer, Inc. (“Company,” “us” or “we”) and govern your access to, and use of, the Voiijer mobile app, our website at www.voiijer.com  (the “Website”), including any content, functionality, and services offered on or through the Voiijer mobile app, Website, and/or affiliated platforms we operate (collectively, the “Platform”).

Please read these Terms of Use carefully before you start to use the Platform. By clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Platform. 

The Platform is offered and available to users who are 13 years of age or older and reside in a geographic area not restricted by Section 11 below. If you are under the age of 18, you may only access or use the Platform with the consent of your parent or legal guardian. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company or that your parent has consented and agreed on your behalf, and that you meet all of the other eligibility requirements. If you do not meet all of the eligibility requirements, you must not access or use the Platform.

Accessing the Platform and Account Security

We reserve the right to terminate or amend the Platform, and any service or material available on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to some or all users.

You are responsible for both:

  • Making all arrangements necessary for your ability to access to the Platform.
  • Ensuring that you are aware of the provisions of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all such information is governed by our Privacy Policy, and you expressly consent to all actions we take with respect to such information consistent with our Privacy Policy.

If you choose, or are provided with, a password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  • Our Content.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and files, and the design, selection, and arrangement thereof) (collectively, “Our Materials”) are owned by us, our licensors, or other providers of such material and are protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, the Company logo, the terms Voiij, Voiijs, Voiijer, Voiijing, and all related names, logos, product and service names, designs, and slogans are trademarks or otherwise the property of the Company or its affiliates or licensors. You must not use such marks without our prior express written consent. All other names, logos, product and service names, designs, and slogans on this Platform belong to their respective owners.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Materials, except as follows:

  • You may use Our Materials as intended and expressly permitted by the Platform’s functionality to the extent required for you to use the Platform in accordance with these Terms of Use, like or share Our Material, or to use Our Material in conjunction with your User Contributions (as defined in Section 3), so long as any such use is as attributed to the relevant rightsholder(s). 
  • Your hardware may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may download any Video Montage (as defined in Section 3) from the Platform for your own personal, non-commercial use so long as you do not alter the Video Montage or delete or alter any copyright, trademark, or other proprietary rights notices from any such Video Montage.
  • To the extent you own such material and are not otherwise precluded from using such material by contract or other operation of law, you may use such material. 

You must not:

  • Modify or screenshot materials on or from the Platform.
  • Use any illustrations, photographs, video or audio sequences, graphics or any other content on the Platform separately from the accompanying text or any other accompanying content as determined by the intent of the Platform’s then-current functionality. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from any materials on or from the Platform.
  • Use Our Materials in any way that violates any law, rule, regulation, or provision of these Terms of Use.
  • Create any User Contribution (as defined in Section 3) that is false, misleading, or intended to be a hoax. 

If you wish to make any use of Our Materials other than what is expressly permitted by this section, please address your request to: userterms@voiijer.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of any relevant materials you have made. No right, title, or interest in or to the Platform or any of Our Materials is transferred to you, and all rights not expressly granted by the limited license herein are reserved by us. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and/or other laws.

  • Your Content.

The Platform may contain personal pages or profiles, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, comment, direct message, submit, publish, display, or transmit to other Platform users or other persons (hereinafter, “post”) profile information, other content, and/or other materials (collectively, “User Contributions”) on or through the Platform.

All User Contributions must comply with all parts of these Terms of Use, including the Community Guidelines.

You agree that any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. You will not post any content that is confidential or proprietary. You agree that any User Contribution you post to the Platform can be used by us in all of the ways stated in these Terms of Use without any further permission from you, without any payment to you or any third party, and without any other consideration made to you except as expressly provided in these Terms of Use, such as your license to use the Platform without paying us. 

By providing any User Contribution on the Platform you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, irrevocable, fully transferable, sub-licensable, royalty-free, perpetual license to use, store, host, reproduce, modify, adapt, make derivative works of, publish, perform, display, distribute, communicate, and make available to third parties such material for any purpose not prohibited by these Terms of Use on all media formats and channels now known or later devised, which license includes your agreement to the following:

  • We can store, display, modify, share, allow others to share, and otherwise use your User Contributions for all purposes relevant to the operation and improvement of the Platform by us and the Platform’s users, and for all purposes relevant to developing new technologies and services.     
  • We can store, display, share, allow others to share, and otherwise use your profile picture, username, likeness, information about your actions (such as likes) or relationships (such as follows), and other account information that you post so that we can identify you as the source of your other User Contributions and for all other purposes permitted by these Terms of Use. 
  • We can use your username, profile picture, and information about your actions and relationships with ads and sponsored or commercial content. For example, we may show your friends that you are interested in an advertised event or have liked an account created by a brand that has paid us to display its ads on the Platform. We will only show ads and content like this to people who have your permission to see the actions you take on the Platform.
  • We can, but do not have to, use your User Contributions to create a cover video montage for your profile and/or some or all of your User Contributions (each a “Video Montage”). We can watermark a Video Montage with the word “Voiijer,” our logo, and/or other indicia of Voiijer. We can, but do not have to, attribute any Video Montage incorporating your User Contributions to you. We can use each Video Montage in all of the same ways we can use your User Contributions. 
  • We can use your User Contributions to generate revenues, increase goodwill, or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and non-personally identifying usage data, and unless expressly permitted by us in a separate, dually signed agreement you enter into with us, you will have no right to share in any such revenue, goodwill, or value whatsoever. 
  • We can use your User Contributions for our own advertising, marketing and promotional purposes on the Platform or any third-party platform now known or later developed without any notice or compensation to you or further permission from you. 
  • We can remove metadata associated with your User Contributions, and you irrevocably waive any claims and assertions of moral rights with respect to your User Contributions.
  • You can delete your account at any time. If the relevant becomes available, you will also be able to deactivate your account at any time.  

By providing any User Contribution on the Platform, you also authorize other Platform users and other third parties to view, access, reproduce, modify, adapt, make derivative works of, perform, display, distribute, and otherwise use such material on the Platform or any other platform now known or later developed. For example, you authorize other Platform users to reproduce and share any Video Montage incorporating your User Contributions on TikTok, Facebook, Twitter, SnapChat and Instagram, and more generally any social network, messaging Platform, site, or other location that may be interfaced with the Platform. 

You represent and warrant that: 

  • You own or control all rights in and to your User Contributions and have the right to grant all licenses that you grant in these Terms of Use.  
  • None of your User Contributions infringe on the intellectual property, privacy, publicity, or other rights of any third party. 
  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. 

  • Community Guidelines.

These community guidelines apply to any and all User Contributions and use of the Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be likely to deceive or mislead any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, place, or thing, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising that does not comply with all applicable laws, rules, regulations, guidelines and reasonable expectations of other users of the Platform.
  • Give the impression that they emanate from, or are endorsed by, us or any other person or entity, if this is not the case.
  • Prohibited Uses.

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Guidelines set out in Section 4 of these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior express written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using an email address, username, or other data associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other parties’ use of the Platform, including their ability to engage in real time activities through the Platform;
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior express written consent;
  • Use any device, software, or routine that interferes with the proper working of the Platform;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform; 
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Platform.

We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 5, or in Section 4 regarding Community Guidelines. 

  • Monitoring and Enforcement; Termination.

We have the right to:

  • Remove or refuse to permit the posting of any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including but not limited to actions we take if we believe that such User Contribution violates any portion of these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any actual or suspected illegal or unauthorized use of the Platform. 
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, prolonged inactivity, or any violation of these Terms of Use. If we terminate or suspend your access to all or part of the Platform, you are not allowed to create a new account or regain access without our prior express written consent. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE RELEASED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY THE RELEASED PARTIES AND/OR LAW ENFORCEMENT AUTHORITIES.

  1. Copyright Infringement; Notice and Takedown Policy.

Voiijer respects the intellectual property rights of others and will respond expeditiously to claims of copyright infringement on the Platform if submitted to Voiijer’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Voiijer will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

To make a claim relating to copyright infringement, please email Voiijer at copyright@voiijer.com and include the following: 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
  • A statement that the following statements are true and that you agree to them: 
    • You are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
    • You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • The information in your notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Your physical or electronic signature.

To make a claim relating to other infringement, or statutory or contractual violation, please email Voiijer at compliance@voiijer.com and include the following: 

  • Identification of the allegedly infringing or violating content. 
  • Identification of the reasons for your claim. 
  • Your name, address, telephone number, and email address.
  • Reliance on Information Posted and Changes to the Platform.

The information presented on or through the Platform is made available solely for general information purposes. You may attempt to independently verify such information if you so choose. We do not warrant the accuracy, completeness, or usefulness of this information. We do not verify User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including but not limited to materials provided by other users. All statements and/or opinions expressed in such materials, and all content other than the content provided directly and solely by us, are the opinions and the responsibility solely of the person or entity providing those materials. Such materials do not necessarily reflect the opinion or values of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date at any time. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. 

  • Links to the Platform.

To the extent provided for by us in the Platform, you may share link backs to the Platform provided you do so in a way that is fair, legal, not misleading, and does not damage our reputation or take advantage of it. In addition, you must not establish any link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent. 

The Platform may provide certain features that enable you to:

  • Link from your own or certain third-party sites, Platforms, or other locations to certain content on the Platform.
  • Send messages or other communications with certain content, or links to certain content, on the Platform.
  • Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party sites, Platforms, or other locations.

You may use these features solely in the manner we intended and as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any site, Platform, or other location that is not rightfully owned or operated by you.
  • Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; except, however, you may do so in connection with a Video Montage (as defined in Section 3) in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such Video Montage. 
  • Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.

The site, Platform, or other location from which you are linking, or on which you make certain content accessible, must comply in all respects with the Community Guidelines set out in Section 4 of these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any linking functionality at any time without notice in our discretion. 

  • Links from the Platform.

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including but not limited to banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, Platforms, or other locations linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party sites, platforms, or other locations. 

  • Geographic Restrictions.

The owner of the Platform is a Delaware corporation, based in the United States. The Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. We do not authorize the use of the Platform or the downloading or exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States Export Control laws. You may not access or use the Platform or any portion thereof in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Platform, you represent and warrant that your access to and use of the services, content or software will comply with those requirements. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

  • Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, OTHER HARDWARE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM OR WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES (AS DEFINED IN SECTION 6) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN ONE HUNDRED US DOLLARS ($100 US).

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Indemnification.

You agree to defend, indemnify, and hold harmless the Released Parties (as defined in Section 6) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, your User Contributions, any use you make of the Platform’s content, services, and products, or your use of any information obtained from the Platform.

  • Governing Law and Jurisdiction.

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • Arbitration Agreement and Class Action Waiver.

At our sole discretion, you will be required to submit any disputes arising from your use of the Platform and/or these Terms of Use, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

READ THIS PROVISION CAREFULLY BECAUSE IT WILL SIGNIFICANTLY AFFECT ALL CLAIMS BETWEEN US. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including your use of the Platform, shall be resolved by binding arbitration and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If a party’s claim is within the jurisdiction of small claims court, either party may choose to take the claim to that court instead of arbitration. YOU (AS WELL AS YOUR AGENTS, HEIRS, AND ASSIGNS) AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. shall apply to the construction, interpretation, and enforcement of this provision, as well as to the confirmation of or appeal from any arbitration award. The parties shall agree to a single arbitrator chosen from the American Arbitration Association (“AAA”) roster of arbitrators using the Arbitrator Select List Only Process. If the parties are unable to agree on an arbitrator, then the parties shall utilize the AAA Select List and Appointment Service. If those services are no longer available, then the parties shall use any other method offered by the AAA to appoint one. The arbitrator must have digital content experience. The AAA Consumer Arbitration Rules shall apply except to the extent they are inconsistent with any terms of these Terms of Use in which case the terms of these Terms of Use control. The arbitration shall not be administered by the AAA. Before arbitration or a small claims case can be filed, the parties shall mediate the claim for a minimum of two hours before a mediator chosen by the parties from the AAA roster of mediators. The parties shall agree on the appointment of the mediator but if they are unable to do so, then the AAA shall appoint one. The mediation shall not be administered by the AAA. The parties shall keep all matters relating to the mediation and arbitration confidential, including any award and evidence and statements made in the hearings, except as may be necessary to enforce the Award. 

Any resolution of any claim shall take place on an individual basis without resort to any form of collective, class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. You acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. THE PARTIES ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED OR PURSUED IN ANY COURT ACTION.

  • Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  • Miscellaneous.

Privacy. All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Feedback. Any ideas, suggestions, and feedback about us or the Platform that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without acknowledgement, compensation, consideration or other obligation to you.

Waiver. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

Entire Agreement. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of any revised version of these Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

To give us notice of copyright infringement or violation of other rights, please see our Notice and Takedown Policy in Section 7 for instructions.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: userterms@voiijer.com.