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I agree to Terms of Service
The services offered by Voike, Inc. ("Voike" or "we") include Voike website at www.Voike.com as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the "Voike Website") and any other features, content, services or applications offered, from time to time, by Voike (collectively, the "Voike Services").
Please read this Agreement carefully and save it. If you do not agree with it, you should leave Voike Website and discontinue use of Voike Services immediately.
If you wish to become a Voiker, communicate with Voikers and make use of Voike Services, you must read this Agreement and indicate your acceptance of its terms during the registration process.
Voike may modify this Agreement from time to time and any such modification will be effective upon its posting by Voike on Voike Website. You agree to be bound to any changes to this Agreement when you use Voike Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the content you post on Voike Website and that you provide to other Users. You may not use Voike Website or Voike Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Voike assumes no responsibility or liability for this material. If you become aware of misuse of Voike Services, please contact us in writing by visiting our Support site.
Voike reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Voike Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Voikership in Voike Services is void where prohibited. By using Voike Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Voike Services does not violate any applicable law or regulation. Your profile may be deleted and your Voikership may be terminated without warning, if we suspect that you are under 13 years of age.
2. Term. This Agreement will remain in full force and effect while you use Voike Services or are a User. You may terminate your Voikership at any time, for any reason, by contacting us in writing by visiting our Support site. Voike may terminate your Voikership at any time, without warning. Even after Voikership is terminated, this Agreement will remain in effect, including sections 5-18.
3. Fees. You acknowledge that Voike reserves the right to charge for Voike Services and to change its fees from time to time in its discretion. If Voike terminates your Voikership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Voiker, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Voiker at any time or to disclose your password to any third party. You agree to notify Voike immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Voikers. Voike Services are for the personal use of Voikers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Voike in writing. Illegal and/or unauthorized use of Voike Services, including collecting usernames and/or email addresses of Voikers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Voike Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posted content without notice and may result in termination of Voikership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Voike Services.
6. Proprietary Rights in Content on Voike.com.
1.Voike does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials works of authorship (collectively, "Content") that you post to Voike Services. After posting your Content to Voike Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through Voike Services, you hereby grant to Voike a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Voike Services. Without this license, Voike would be unable to provide Voike Services. The license you grant to Voike is non-exclusive (meaning you are free to license your Content to anyone else in addition to Voike), fully-paid and royalty-free (meaning that Voike is not required to pay you for the use on Voike Services of the Content that you post), sublicensable (so that Voike is able to use its affiliates and subcontractors such as Internet content delivery networks to provide Voike Services), and worldwide (because the Internet and Voike Services are global in reach). This license will terminate at the time you remove your Content from Voike Services. The license does not grant Voike the right to sell your Content, nor does the license grant Voike the right to distribute your Content outside of Voike Services.
2.You represent and warrant that:
(i) you own the Content posted by you on or through Voike Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Voike Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Voike Services.
3.Voike Services contains Voike's proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Voike Content"). Voike owns and retains all rights in Voike Content and Voike Services. Voike hereby grants you a limited, revocable, nonsublicensable license to reproduce and display Voike Content (excluding any software code) solely for your personal use in connection with viewing Voike Website and using Voike Services.
4.Voike Services contain Content of Users and other Voike licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Voike Services.
7. Content Posted.
1.Voike may delete any Content that in the sole judgment of Voike violates this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Voike assumes no responsibility for monitoring Voike Services for inappropriate Content or conduct. If, at any time, Voike chooses, in its sole discretion, to monitor Voike Services, Voike nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2.You are solely responsible for the Content that you post on or through any of Voike Services, and any material or information that you transmit to other Voikers and for your interactions with other Users. Voike does not endorse and has no control over the Content. Content is not necessarily reviewed by Voike prior to posting and does not necessarily reflect the opinions or policies of Voike. Voike makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Voikers.
8. Content/label_activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Voike Services. Voike reserves the right to investigate and take appropriate legal action against anyone who, in Voike's sole discretion, violates this provision, including without limitation, removing the offending content from Voike Services and terminating the Voikership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Voike:
1.is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.harasses or advocates harassment of another person;
3.exploits people in a sexual or violent manner;
4.contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5.solicits personal information from anyone under 18;
6.provides any telephone numbers, street addresses, last names, URLs or email addresses;
7.promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12.solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13.involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14.includes a photograph of another person that you have posted without that person's consent;
15.use sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on Voike Website and through your use of Voike Services. Voike reserves the right to investigate and take appropriate legal action against anyone who, in Voike's sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited activity includes, but is not limited to:
16.criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17.advertising to, or solicitation of, any Voiker to buy or sell any products or services through Voike Services. You may not transmit any chain letters or junk email to other Voikers. It is also a violation of these rules to use any information obtained from Voike Services in order to contact, advertise to, solicit, or sell to any Voiker without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Voike Services, you acknowledge that you will have caused substantial harm to Voike, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Voike $50US for each such unsolicited email or other unsolicited communication you send through Voike Services;
18.covering or obscuring the banner advertisements on your personal profile page (if any), or any Voike page via HTML/CSS or any other means;
19.any automated use of the system, such as using scripts to make calls or send messages;
20.interfering with, disrupting, or creating an undue burden on Voike Services or the networks or services connected to Voike Services;
21.attempting to impersonate another Voiker or person;
22.posting the code for the widget or link of another Voike Voiker and posting it anywhere without the Voiker's prior approval;
23.using the account, username, or password of another Voiker at any time or disclosing your password to any third party or permitting any third party to access your account;
24.selling or otherwise transferring your profile;
25.using any information obtained from Voike Services in order to harass, abuse, or harm another person;
26.using Voike Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Voike's policy to terminate Voikership privileges of any Voiker who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Voike by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Voike Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on Voike Services;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) 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.
Voike's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Voike, Inc., 1401 Coral Way # 1406, Miami, FL, 33145, United States; and in writing by visiting our Support site.
10. Voike Communications. You agree to receive communications from Voike in connection with your use of Voike Services in the form of email, SMS messages or phone voice calls including without limitation account activity notification, service updates, and reminders.
11. Voiker Disputes. You are solely responsible for your interactions with other Voikers. Voike.com reserves the right, but has no obligation, to monitor disputes between you and other Voikers.
13. Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on Voike Website or communicated in connection with Voike Services, whether caused by Users of Voike Services or by any of the equipment or programming associated with or utilized in Voike Services. Content created and posted by Voikers on Voike Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Voike. Inclusion of any linked website on Voike Services does not imply approval or endorsement of the linked website by Voike. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this Voike Website or through Voike Services, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of Voike Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Voiker communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Voike Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Voike Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of Voike Services, attendance at a Voike event, from any Content posted on or through Voike Services, or from the conduct of any Users of Voike Services, whether online or offline. Voike Services are provided "AS-IS" and as available and we expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of Voike Services.
14. Limitation on Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VOIKE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VOIKE FOR VOIKE SERVICES DURING THE PREVIOUS YEAR OF VOIKERSHIP.
15. U.S. Export Controls. Software available in connection with Voike Services (the "Software") is further subject to United States export controls. No Software may be downloaded from Voike Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes. If there is any dispute about or involving Voike Services, you agree that the dispute will be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Miami. Either Voike or you may demand that any dispute between Voike and you about or involving Voike Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in Miami, Florida, USA, provided that the foregoing will not prevent Voike from seeking injunctive relief in a court of competent jurisdiction.
17. Indemnity. You agree to indemnify and hold Voike, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Voike Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Voike Website or through Voike Services causes Voike to be liable to another.
18. Other. This Agreement is accepted upon your use of Voike Website or any of Voike Services and is further affirmed by you becoming a Voiker. This Agreement constitutes the entire agreement between you and Voike regarding the use of Voike Services. The failure of Voike to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. VOIKE is a trademark of Voike, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us in writing by visiting our Support site with any questions regarding this Agreement.
When you create or reconfigure a Voike account, you provide some personal information, such as your name, username, password, and email address. To customize your account you will also be required to provide the country you reside in, cell phone number, carrier, and cell phone brand for delivery of SMS messages. Some of this information, for example, your name and username, is listed publicly on our Services, including on your profile page and in search results.
You may provide us with profile information to make public such as your picture. We may use your contact information to send you new information about our Services or to market to you. You may unsubscribe by following the instructions contained within the notification or the instructions on our website. We may use your contact information to help others find your Voike account, including through third-party services and client applications. You control your account settings control whether others can find you by your email address or cell phone number. You may choose to upload your address book so that we can help you find other Voikers you know. We may later suggest people to follow you on Voikeblog based on your imported address book contacts, which you can delete from Voike at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your Voike account to your another service account in order to cross-post between Voike and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from Voike within a few weeks of your disconnecting from Voike and your other service account. Providing the additional information described in this section is entirely optional.
Voike Direct, Voike Blast, and Voike Blog Following, Lists and other Public Information
Our Services are designed to help you share your voice with the world, your world. Most of the audio content you provide us is audio you are asking us to make public. This includes not only the messages you create to send through Voike Direct, Voike Blast or Voike Blog. The messages you listen to when receiving a Voike, such as when you select play, but also the contacts and group lists you create, the people you follow, and many other recordings of information that result from your use of the Services is also included. Our default is almost always to make the information you provide public for as long as you do not delete it from Voike, but we give you every opportunity to make your audio messages more private if you want. We advise you to think carefully about what you are making public.
Information Sharing and Disclosure
User or Voiker Consent
We may share or disclose your information at your direction for example, when you authorize a third-party web client or application to access your Voike account.
Law and Harm
Non-Private or Non-Personal Information
We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, Voike Blogs, the people you follow or that follow you.
Transfers of Business
Personal Information Modifications
If you are a registered Voiker of Voike Services, we provide you with access to account settings to review or modify the personal information you provided to us and associated with your account. You can also permanently delete your Voiker account. Your account will be deactivated and then deleted by following our instructions. When your account is deactivated, it is not viewable on Voike.com. For up to (number inserted here) days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After (number) days, we begin the process of deleting your account from our systems, which can take up to a (length of time, days, or a week).
Children under 13 Policies
Our Voike Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
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