Why all the legal stuff?
Voice is a platform for real people that empowers the pursuit of truth, and transparency is vital to that pursuit. That’s why we want to be transparent about our legal terms and conditions; so that we can start things off on the right foot. These terms are meant to create a safe space for self-expression and discourse, and to protect you as a member, us as a company, as well as the integrity of the platform.
Things to keep in mind:
We’re here to help you understand our legal terms, so here’s a breakdown of some of the key points:
- We limit who can join, when they join, and how, based on our guidelines and legal requirements.
- Expect Voice to change as we iterate. Features and functions may not work as intended.
- Voice Tokens are just for use on Voice. You can’t go out and buy coffee (or anything else!) with them.
- Free speech is our bedrock, but we also maintain a respectful environment. So that speech is subject to our Ground Rules.
- We reserve the right to terminate accounts and suspend accounts at any time.
- Voice is built on a blockchain, which is intended to be immutable. For more info, read the Privacy Notice.
Remember, this is just the beginning.
Voice is currently in beta and like all new products with big ambitions, we need some time to get things right. We’re working hard to make this a platform that works for you and for us, as well as strengthen security, and ultimately create a product you’ll love.
We’re starting beta testing in the U.S, and we will steadily roll out globally.
Because each place carries different legal and procedural requirements around identity verification and content moderation, we’ll need to take this step-by-step.
As we grow, these requirements will continue to evolve and change. That being said, we’ll try our hardest to keep you posted throughout the process, but won’t always be able to reach out directly. We encourage you to keep checking the website as things progress to keep track of any new updates. In the meantime, please let us know if you have any feedback. We want to build this with you, so reach us anytime at firstname.lastname@example.org. We’re excited to hear from you.
1. THIS IS AN IMPORTANT LEGAL AGREEMENT
2. VOICE FEATURES WILL CHANGE
The services, functionality and features available in Voice will change from time to time. We may remove or change existing services, functionality or features, or add new ones at any time and for any reason. These changes may happen with or without notice to you. We will endeavor to notify you (by email, direct message or notice posted on Voice) of any major changes we make.
We do not commit or guarantee that any services, functionality and features available in Voice at any particular point in time will remain available as part of Voice.
3. WHO CAN USE VOICE?
To use Voice, you must be at least 18 years old (or, where the laws of your place of residence require you to be older than 18 years old to access and use a service such as Voice, you must be at least that age). This is because laws and regulations around the world give minors (i.e. under 18s) special treatment and we will need to be sure we can meet all requirements before opening Voice to this category of user.
The full features and functionality of Voice are available only to our users who have a valid and active account with us. In order to qualify for an account, you must meet all eligibility criteria we set, including these:
- You must have passed our identity verification checks.
- Your place of residence must be a country or region where we make Voice accounts available.
- You must not have had a previous account which was terminated by us.
We reserve the right, in our sole and absolute discretion, not to allow anyone who applies for an account to create one, even if they meet the eligibility criteria, and/or to limit users only to individuals who reside in certain countries or regions. We also reserve the right, in our sole and absolute discretion, to terminate any user’s account for any reason at any time. We may change our eligibility criteria, including by adding additional requirements, at any time with or without notice to you.
If you no longer meet our eligibility criteria at any time after you create an account, (including because of a change to our eligibility criteria), you must inform us and we may suspend or terminate your account.
4. ADDITIONAL ELIGIBILITY CRITERIA
- No laws or other requirements that apply to you prohibit you from using any part of Voice or make it unlawful for you to use any part of Voice.
- You are not a citizen or resident of any country or region that is subject to any sanctions or other restrictions imposed or maintained by the United Nations, the United States, the European Union or its Member States, or other applicable government or international authorities (unless we, in our sole and absolute discretion, are satisfied that your use of Voice would not contravene any applicable law or regulation).
- You do not appear on any list of prohibited, restricted or sanctioned persons or parties, including any such list maintained by the United Nations, the United States, the European Union or its Member States, or other applicable government or international authorities, and you are not part of a group that appears in such a list.
- You are not at the relevant time in a country or region in which we do not permit access to Voice for any reason in our sole and absolute discretion, including but not limited to countries and regions mentioned in paragraph (b) above.
We may implement geo-blocking measures that are designed to prevent access from any prohibited country or region. These measures may inadvertently block users who are not in a prohibited country or region from accessing Voice, but we assume no liability as a result.
If any of the above prohibitions did not apply to you when you started using Voice, but subsequently apply to you, you must immediately cease all use of Voice and, if you have already created an account, you must also immediately inform us by contacting our Help Center.
If you are not a citizen or resident of any country or region mentioned in paragraph (b) above, but you are temporarily present in any such country or region, then for so long as you are present in that country or region you must not use Voice.
5. COMPLETING OUR IDENTITY VERIFICATION PROCESS
As part of the sign-up process to open an account, you may be asked to complete an identity verification process by sharing certain personal information about yourself with us and/or any third-party service providers who we engage to conduct checks to verify and confirm your identity. Our third-party providers may be located and/or carry out their functions anywhere in the world. The information that we and/or our third-party service providers may request for this purpose include: (i) your full legal name; (ii) your contact information, including email and telephone number; (iii) your country of residence and home address; and (iv) your date of birth. You may also be asked, as part of the identity verification checks, to produce a copy of a government-issued or similar document that will confirm your identity, and may also be asked for copies of documents that will confirm your country of residence and/or home address.
This information will be used by us and our third-party service providers to:
- verify your identity
- carry out checks with respect to money laundering, terrorist financing, fraud, financial crimes and other compliance matters, and
- enable us to comply with applicable laws and regulations and our internal policies.
As part of the sign-up process, you may be redirected to a site maintained by our third-party provider and submit the documentation required to verify your identity to our third-party provider. Our third-party provider may give us copies of all information that you have shared with them, including copies of any documents that you submitted to them. We store and process this information for limited purposes in accordance with our Privacy Notice.
You hereby authorize us and our appointed third parties to make all necessary inquiries (including to governmental, regulatory, law enforcement and other agencies around the world) that we or our third-party providers may deem necessary to verify your identity, to comply with applicable laws or regulations or to protect you and our other users, and to disclose information about you to governmental, regulatory, law enforcement and other agencies around the world.
You hereby confirm and undertake that all information you provide to us and our third party service providers as part of the identity verification checks will be true, accurate and complete, and that all documents submitted by you as part of your account creation process will be authentic and not modified in any way.
If we or our third-party service providers have any reason to believe that any information provided by you is wrong, inaccurate, outdated or incomplete, at any time, we may require you to provide corrected, updated and complete information. If you fail to comply with any such request, it will delay or even prevent the creation of your account (or where you already have an account, we may terminate your account).
We may, from time to time, require users to provide additional information or to undergo new identity verification checks, as a condition to their continued use of Voice and/or to be able to use certain features or functionalities of Voice. Please see our Privacy Notice to learn about the limited purposes we use this information for. We reserve the right to take any action referred to in Section 6.4 with respect to any user who fails to comply with such a request.
6. OPENING AND ACCESSING YOUR VOICE ACCOUNT
6.1 One Account Per Person
As an individual, you may only ever have a single Voice account at a given time.
6.2 Keeping Your Account Secure
Your account is personal to you. That means you must not allow any third party to use your account, ever. You should never share your account login details or passwords with anyone, and you should keep those safe and secure.
If you know or suspect that anyone other than you has accessed your account, or you know or suspect that your account (including login and password details) has been compromised, you must notify us immediately by contacting our Help Center. Following such notification, and subject to any reasonable checks we may conduct to verify the authenticity of your notification, we may suspend your account and may require you to take other actions, including providing assistance to us with regards to any investigations that we may launch and setting up a new account (including undergoing the identity verification checks again).
We assume no responsibility or liability of whatever nature for any activities conducted through your account, including content posted on Voice or use of tokens.
6.3 If You Lose Access to Your Account
If you lose or forget your login or password details, you should contact our Help Center. We may require you to prove that you are who you say you are, and that the account belongs to you, before we take any action.
We may not be able to help you regain access to your account in all circumstances. If that is the case, we may (in our sole and absolute discretion) allow you to apply for a new account. However in those circumstances you will not be able to transfer anything (including tokens or records of activities) from your old account to your new account. If we can establish that your old account held any tokens, we may, in such an event and in our sole and absolute discretion, decide to credit you with such number of tokens as we see fit, but we are under no obligation to do so.
6.4 Our Powers in Respect of Your Account
- Termination – we may terminate your account and/or your ability to use Voice, and may also prevent you from creating a new account in future.
- Removing content – we may remove, hide or restrict the availability or accessibility of any or all user content generated by you.
- Removing tokens – we may permanently remove any or all of your tokens from your account and/or cancel them.
- Restrictions – we may temporarily or permanently prevent you from accessing your account, limit the actions you are allowed to take on Voice, freeze any tokens in your account or prevent you from receiving tokens.
- Re-verifying identity – we may require you to redo the identity verification process.
6.5 Termination of Your Account at Your Request
6.6 Consequences of Termination
On termination of your account, you will not have any claim to any remaining tokens balance. We will be allowed to do with such tokens balance anything we see fit, including deleting, redistributing or burning those tokens.
All user content created by means of your account will remain on Voice, subject to any applicable provisions of our Privacy Notice.
7. CONTENT, BEHAVIOR AND USING VOICE
7.1 Your User Content is Visible to All
You understand that all user content created by means of your account will be visible to all users of Voice, with a hash of it being stored on the blockchain for auditability, and that it will be clear to anyone that the user content was created by your account and attributable to you (unless and until we enable anonymous posting, but even in that case we may be able to attribute user content to specific users).
7.2 Use Voice Yourself
You must use your account for yourself only and not on behalf of or for the benefit of any other person or entity.
7.3 User Content that includes intellectual property
Should you post user content that contains intellectual property of anyone else (for example, extracts from another publication, or video, audio or images created by someone else), you must, before you submit that as part of your user content, make sure that you have obtained all necessary rights and permissions to include that as part of your user content, and you must comply with any restrictions imposed by the rights holder.
7.4 User Content and Behavior
You must at all times comply with our Ground Rules with respect to your user content or behavior or when taking other actions allowed on Voice.
7.5 You are Responsible for Your Account
You hereby agree that you are fully responsible and liable for all actions taken by you or by means of your account (including where third parties obtained access to your account). This means you are liable for, amongst other things:
- all user content created by means of your account
- all actions taken by means of tokens through your account, and
- all other activities on Voice conducted through your account.
7.6 Prohibited use of Voice
You must not:
- commit any act or omission that would cause you or us to be in breach of any applicable law or regulation, or any provision which we regard as similar, or use Voice in a manner that would be contrary to any laws that apply to you (which may be different from country to country)
- fail to abide by the Ground Rules or any other Policy in any way
- use Voice in a way that would negatively impact other users or other persons, or that could negatively impact the operation or functioning of Voice
- use another user’s credentials to access Voice
- use Voice if you are prohibited from doing so by Section 4
- circumvent any features, functionality or security measures that we employ in Voice, including for example by using IP obscuring technologies like virtual private networks to prevent us determining the place from which you are using Voice
- gain unauthorized access to Voice, any server on which Voice is stored or operates or any server, computer or database connected to Voice
- introduce any viruses, worms, malware, trojan horses or other malicious, harmful or destructive content to Voice or another user’s account
- introduce smart contracts, programs, executable code or other changes into Voice or any of the infrastructure supporting Voice
- use robots, crawlers and similar applications in any way in connection with Voice or use any automated means not provided by us as part of Voice to post content or engage in any other action on Voice
- send automated or machine-generated queries or other content
- copy, distribute, modify or create derivative works of Voice or any content published on Voice, except that you may use a portion of another user’s post on Voice when responding to or commenting on that post, provided you do so fairly and in accordance with our Ground Rules and applicable laws and regulations
- breach the security of Voice or attempt to do so
- publicly identify any security concerns of Voice and you should instead contact us immediately through our Help Center if you suspect any security concerns
- collect, harvest or otherwise use or obtain personal information of other users without their consent
- intentionally report user content or behavior as being in breach of our Ground Rules, without reasonable reason to believe so
- do or purport to do anything in breach of Section 8.3
- participate in any activities to manipulate rewards or tokens mechanisms that feature in Voice or artificially inflate rankings for posts, or
- attempt to do any of the foregoing or encourage or induce anyone else to engage in any prohibited uses of Voice.
7.7 User Content and Behavior on Voice
We may remove, hide, amend, preface, prohibit or otherwise moderate any user content or behavior where we deem it necessary or appropriate to do so, including where content or behavior breaches or is liable to be moderated by our Policies or could otherwise cause any liability or risk, but we are not obligated to do so.
User content and behaviour is moderated reactively in accordance with our Ground Rules and related Policies. We do not proactively moderate any user content (that is, we do not screen user content for compliance before it is posted) although we may do so at any time.
You acknowledge that user content represents the views of the user that posted that user content, and does not in any way mean that we endorse, sponsor, recommend, agree or encourage that user content or any underlying ideas or beliefs. We make no representation that the information or opinions provided on Voice are accurate, reliable or complete. We assume no responsibility or liability of whatever nature for any user content.
By posting user content on Voice, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt your user content for the purposes of providing it on Voice and promoting us and any other products or services offered by or associated with us (including Voice), without providing you with any notice or compensation or requiring your consent, except as required by law.
Your user content will be visible to other users (and potentially to other third parties). who may if permitted by applicable law or regulation share or duplicate your user content on Voice or elsewhere.
Where we provide you with the ability to delete user content, or where we delete user content, we will use reasonable efforts to remove it from Voice. However, you acknowledge that it may not be possible to delete all instances of user content (e.g. in caches) and that user content may remain available on our servers and to anyone who has taken a copy of any part of that user content (including via screenshots) and that certain data and cryptographic hashes of content posted by you may remain on the blockchain as described in Section 9 and in the Privacy Notice.
7.8 Third-party content
We may display third-party content, advertisements, links, promotions, logos and other materials on Voice for your convenience. We do not approve of, control, endorse or sponsor any third parties or their content and make no representations or warranties of any kind regarding such third-party content. Your use of or interaction with any third-party content and any third party that provides third-party content are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions.
We are not responsible for any of the content on any third-party sites that may be linked via Voice nor can it be assumed that we have reviewed or approved such third-party sites or their content, nor do we warrant that the links to these sites work or are up to date. You click any links and visit any websites at your own risk.
8. RECEIVING AND USING VOICE TOKENS
Users who have an active Voice account may receive tokens in connection with their use of Voice. Users who do not have a Voice account will not be eligible for or receive tokens.
The number of tokens available to you to use is indicated in your Voice account as your token balance. Voice tokens are designed solely for use on Voice and may not be used for other purposes.
In this Section, we describe what tokens are and explain their nature (and specifically, that tokens are beta tokens, not intended to be a currency, cryptocurrency, security, commodity, investment or anything similar).
We may, at any time and in our sole and absolute discretion, decide to change the nature of tokens, revoke all or some tokens (with or without replacing them with something else) or cease the use of tokens altogether. We will inform you of any such changes.
8.2 How to Receive Voice Tokens
You may receive tokens in a number of different ways, such as:
- Daily allocation – you may receive a daily allocation of tokens if you are an active user, in such number and at such times as determined by us in our sole and absolute discretion (which may be changed by us at any time).
- Voice It, Like Rewards and other features and functions – you may receive tokens through Voice It, Like Rewards or other features and functionalities provided on Voice.
- From us – we may, in our sole and absolute discretion, decide to give you tokens for any reason, including (by way of example only): (i) as part of any promotional activities; or (ii) where we allow you to create a new Voice account after your previous account has become inaccessible.
Tokens that you are eligible to receive will not necessarily appear in your Voice account as part of your available token balance. We may require you to use a specific feature, take certain actions or fulfil any other additional requirements in order for you to receive them into your available token balance, and we may impose time limits for doing so. A failure to comply with any requirements within any specified time limit may mean you will not receive those tokens and you will have no right to claim for such tokens.
We reserve the right to treat certain users differently when it comes to the allocation of tokens. The fact that some users receive tokens under certain circumstances does not allow other users any right or claim to receive similar tokens or to receive tokens under similar circumstances.
We reserve the right, at any time and in our sole discretion (with or without notice), (i) to change, terminate or revoke the functions, features and/or permissible uses of tokens, (ii) to change the manner in which some or all users receive tokens and/or the number of tokens received through Voice It or other means (iii) to cease any of the means by which users may receive tokens, (iv) to impose or relax requirements with respect to receiving or using tokens and to determine whether any requirements have been complied with, (v) to receive and use tokens ourselves (or through our affiliates) at such times and in such amounts as we see fit, (vi) to adjust or reset the token balance on your Voice account (including resetting it to zero), and (vii) to create new types of tokens for use on Voice.
There is no ability to buy or otherwise acquire tokens through trades (whether for money or other consideration), nor is there any ability for you to “mine” or independently generate tokens. The fact that you may have received tokens in the past does not give you any expectation or right to receive tokens in the future.
8.3 How to Use Voice Tokens
Voice tokens may be used only on Voice, and only for the purposes specifically allowed on Voice. Any other use is strictly prohibited. Your use of tokens will be fully visible to all other Voice users and will be attributable to you. You can never use more tokens than the number of tokens available in your token balance on your Voice account.
We reserve the right, in our sole and absolute discretion, to change the way in which users may use tokens.
We reserve the right in our sole and absolute discretion to reverse any use of tokens or any other action with respect to tokens, for any reason or for no reason whatsoever and with or without notice to any user concerned.
You must not:
- buy, sell, trade or exchange tokens for real currency, cryptocurrency or any other consideration, “gift” tokens or accept tokens, whether on Voice or outside of Voice. The only exception to this rule is where tokens are provided by one user to another by means of and in accordance with Voice It or other features and functionalities and the Policies governing those features and functionalities
- agree to use, or use, tokens (including as permitted on Voice) in return for any consideration, promise, gift or otherwise offered by any other person (whether a user or not), or make any proposal to any other person to use their tokens in return for any consideration, promise, gift or otherwise
- use tokens as any form of collateral or security, whether on Voice or outside of Voice, or pledge or encumber tokens in any way (or make any commitment to do so)
- create, or become engaged in any way, in any “grey market” in connection with tokens
- use tokens in any manner that is prohibited under any applicable law (including any fraudulent activity, money laundering, financing of terrorists or other unlawful activity), or
- attempt to do, or facilitate, any of the foregoing or encourage or induce anyone else to engage in any of the foregoing.
Any breach of this Section 8, however small, shall be a material breach that may result in the immediate termination of your account and result in you being permanently banned from Voice.
8.4 Nature of Voice Tokens
Tokens are in beta. Tokens are purely an incidental feature of Voice and have no application outside of Voice. Tokens are not intended to be, constitute or represent, anywhere in the world, any form of:
- currency, general cryptocurrency, deposit, stored value facility, stablecoin, multifunctional digital asset, commodity, interest in a collective investment scheme, security, financial instrument, electronic money, regulated instrument, regulated asset, or similar
- property (including intellectual property)
- interest in or entitlement to use Voice, any of the features that form part of Voice or any related assets, or
- right (enforceable or otherwise) or expectation of whatever nature against us, any of our affiliates, any user or any other person.
However, we make no warranty or representation in this regard.
Tokens are not redeemable for cash or any other form of consideration and have nil monetary value. We expressly disclaim any monetary value. You should not treat tokens as a speculative investment or any other sort of investment.
Tokens are not guaranteed or secured by any person, asset, entity, organization, scheme, venture or project (including Voice) in any way and no person is obliged to redeem or purchase them.
No service or other relationship shall be created between you (on the one side) and us, any of our affiliates, any other user or any other person (on the other side) in respect of any activities carried out by means of tokens.
Any incidental benefit obtained by us, any of our affiliates or any other person from or as a result of your use of tokens is voluntarily provided by you and you shall not have any right or claim to be compensated for that benefit.
We do not provide or facilitate, and users are prohibited from using tokens in connection with: (i) an online digital asset trading platform for Voice tokens; (ii) any investment services (including portfolio management services or investment advice); (iii) any deposit-taking services; (iv) any payment or money transmission services; or (v) any gambling, gaming or lottery services.
No information contained on Voice or otherwise communicated to you by us or any of our affiliates is intended to form the basis of any investment decision or to amount to an investment recommendation and/or investment advice. Voice is not intended to constitute an offer or solicitation to buy or sell a security or any other financial instrument or electronic money or to engage in any regulated service or activity.
8.5 Our rights with respect to Voice Tokens
You have no property or right in, over or to tokens and we reserve the right, in our sole and absolute discretion, and at any time (for any reason or for no reason whatsoever) to:
- restrict your ability to use tokens in any manner we deem fit, even where you have a positive token balance, or
- reduce or increase your or any other user’s token balance by such number of tokens as we deem fit (including to zero).
To the extent that there exists any intellectual property rights in tokens, all of those rights are reserved entirely and exclusively by us and our affiliates and no person (including a user) shall be granted any right or license therein.
We do not make any representation, warranty or otherwise whether or not your receipt or use of tokens will be subject to any taxation of whatever nature by any authority anywhere in the world. You should obtain independent advice with respect to all tax and other implications concerning tokens (including their receipt or use) and shall be solely responsible for your own tax affairs.
Under no circumstances shall we or any of our affiliates be liable to you or any other person whatsoever, for any tax or similar consequences arising from your or their receipt or use of tokens, or to provide any assistance to you or other persons with respect to the preparation or filing of any statutory or other forms or submissions to any tax or other authority.
8.7 Regulatory standing
We do not make any representation or warranty of whatever nature regarding any requirement for you to register or obtain any kind of license or other consent from any governmental, regulatory or tax authority anywhere in the world in connection with your use of Voice or the use or receipt of tokens. You should obtain independent advice with respect to your regulatory standing and shall be solely responsible for your own compliance with any regulatory rules that may apply to you.
9. CONSEQUENCES OF USING BLOCKCHAIN
Voice utilizes blockchain technology to store information concerning user activities on Voice. By storing information on the blockchain, we are able to ensure there is proof that those activities took place on Voice.
We currently use a private blockchain (i.e. a blockchain that is managed and controlled entirely by us and/or our affiliates) that we call the Voice Chain to support Voice. We may allow anyone who wishes to have access to the Voice Chain (including you) to obtain such access. We may also, in our sole and absolute discretion, decide not to allow access to anyone, for any reason or for no reason.
- agree to access the Voice Chain only through designated access points provided by us, and not by any other means
- shall not allow any other person to obtain access to the Voice Chain through the means made available to you
- shall not make any attempt to modify, alter, edit or delete any part of the Voice Chain, including through the deployment of any smart contracts on the Voice Chain or by integrating any software into any part of the Voice Chain
- may not reproduce any part of the Voice Chain to mislead, defraud or otherwise commit malicious acts against any person (whether criminal or not) or as part of any scam
- shall not publicly distribute or create derivative works of any part of the Voice Chain
- shall not make any attempt to bypass any security or other measures implemented by us in connection with the Voice Chain, or
- take any steps intended to obtain personal information from the information posted to the Voice Chain.
All restrictions and prohibitions concerning the use of Voice, including those set out in Sections 7.6 and 12, shall apply similarly to your access and use of the Voice Chain.
We have no responsibility to teach you how to access or otherwise use the Voice Chain or blockchain in general.
We may in future use any other blockchain, including a public blockchain (i.e. a blockchain that is not managed and controlled by us), to support Voice and the terms of this Section shall equally apply to your access to such blockchain insofar as it concerns Voice.
10. LIABILITY, EXCLUSION AND INDEMNITY
We are not responsible and will not become involved in any disputes between users on or in connection with Voice. If you have a dispute with any other user, you release us, our affiliates and their affiliates as well as our third-party service providers, and each of our and their respective officers, directors, agents, joint-venturers, employees and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Where you require us, in accordance with applicable law, to become involved in any dispute between you and a user, you agree to fund all reasonable costs of our involvement.
10.2 No warranties
Voice is provided “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose.
Without limiting the foregoing, we make no warranty or condition that: (i) Voice will meet your requirements; (ii) Voice will always be available or uninterrupted, timely, secure, free of viruses or error-free; (iii) the results that may be obtained from the use of Voice will be effective, accurate or reliable; and (iv) the quality of any materials purchased or obtained by you from Voice will meet your expectations.
Where applicable law of any state or jurisdiction that applies to you does not allow us to exclude implied terms or to introduce limitations on how long an implied warranty may last, the above limitations may not apply to you and, instead, all implied warranties are excluded insofar as applicable law allows us to exclude them and limited to the minimum period mandated by those applicable laws.
10.3 Exclusion of liability
The exclusion of liability in this Section applies whether or not we have been advised of the possibility of losses or damages.
We will not be liable in contract, tort (including negligence), statutory duty or otherwise, for any losses or damage, whether direct or indirect (including loss of profits, loss of goodwill, loss of revenue or savings, loss of assets, loss of business, loss of anticipated benefit or loss of opportunity), or for any consequential, special, punitive or incidental loss or damage of whatever nature, in each case that may result from use of Voice.
Without prejudice to the above, we will not be responsible or liable to you or any other person in contract, tort (including negligence), statutory duty or otherwise for any loss or damage arising from:
- anything caused by you, such as forgotten passwords or login details, incorrectly constructed transactions, or mistyped content or instructions
- server failure or data loss or leakage (howsoever caused)
- corrupted data or files
- unauthorised access, or
- third party activities, including the use of viruses, phishing, brute forcing or other means of attack against Voice.
Where any applicable law prohibits us from excluding our liability to the extent set out in this Section, our liability shall be excluded to the maximum extent allowed under applicable law.
10.4 Limitation of liability
In no event will our cumulative liability to you, whether in contract, tort (including negligence), or otherwise, exceed the greater of:
- the aggregate amount you paid to us to access or use Voice in the most recent three-month period (if applicable), or
- US$50, unless applicable law prohibits us from limiting our liability to this extent, in which case our liability shall be limited to the minimum amount that applicable law imposes on us.
10.5 Saving clause
11. FAQ, COMPLAINTS, FEEDBACK AND DISPUTE RESOLUTION
If you have any questions or complaints relating to Voice, please contact our Help Center.
11.3 Dispute Resolution
You understand that the relevant competent court may not be located in your place of residence, and the relevant governing law may be different from the law that applies in your place of residence.
The foregoing submission to jurisdiction does not exclude any additional protection afforded specifically to consumers by mandatory provisions of the law of your place of residence.
You agree that we may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
If you decide to submit feedback – whether that be questions, comments, suggestions, ideas, original or creative materials or other information – to us, you do so on your own accord and not based on any request or solicitation from us.
You agree that feedback does not constitute or include your user content. We reserve the right to use feedback for any purpose at no charge and without compensation to you. Do not send us feedback if you expect to be paid or want to continue to own or claim rights to your feedback.
If you decide to send us feedback, you acknowledge and understand that we make no assurances that your feedback will be treated as confidential or proprietary.
12. SYSTEMS AND SECURITY
Voice is run on technology systems (hardware, software, databases and the like) selected and maintained by us or our subcontractors and third-party providers.
We may change these technology systems from time to time, including by updating or upgrading them, replacing them with other systems, removing systems, adding new systems and changing the location at which any of these systems are located or hosted. We may also appoint sub-contractors and other third-party providers to perform functions in relation to the operation of Voice. We may do so for any reason or for no reason whatsoever, and at any time. We will not provide any notice to you of any such changes or appointments.
You are responsible for making all arrangements necessary for you to have access to Voice, including the technology necessary to access and use Voice (e.g. computer and compatible browser for the internet version and a compatible mobile or similar device where you access Voice via one of our apps).
Where you download and install any Voice app made available by us, you may be required to accept additional terms applicable to the use of that app. Your ability to continue accessing Voice via such an app will be subject to us continuing to make that app available and you complying with all of the Policies governing your use of that app.
We do not guarantee that Voice will be secure or free from bugs or viruses and all limitations on and exclusions to our liability in respect of security is limited in accordance with Section 10. You should use your own virus protection software and continuously update your anti virus definitions and libraries, and ensure all software (including browsers and any app that we may make available to you) that you use to access Voice is up to date
You must not attack Voice including, without limitation, via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offense under the UK Computer Misuse Act, the US Computer Fraud and Abuse Act, or similar laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Voice will cease immediately.
13. INTELLECTUAL PROPERTY
All rights, title and interest in and to Voice, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and goodwill associated therewith, but excluding any user content are our (or our licensor’s) exclusive property. Any unauthorised use or reproduction is prohibited.
Without limitation, “Voice”, the Voice token icon, the Voice diffusion gradient, the “Social as it should be” slogan and associated logos are our trademarks. Nothing herein shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark published as part of Voice. We reserve all rights with respect to copyright and trademark ownership of all material on Voice, and we may enforce such rights to the full extent of the law. For additional information about trademarks used by Voice, please see our Trademark Notice.
You may not copy, reserve engineer, modify or create derivative works of our intellectual property in any way or by any means. You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.
You may only access, use and print the information and material on Voice for non-commercial or personal use provided that you are authorised to access such information or material and keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialize, publish or create derivative works from any part of the content, format or design of Voice.
Nothing in these terms will be construed as conferring any right or license to any of our or our affiliates’ patents, trademarks, copyrights or other proprietary rights, whether by implication or otherwise.
14.1 Your compliance with all applicable laws
You must comply with all applicable laws and regulations and third-party rights (including, without limitation, intellectual property, defamation and data privacy laws) in your use of Voice.
14.2 Open source software
We may make (but are not required to make) all or parts of the source code for the software we develop in relation to Voice available as open source software. If you access or use this software, you agree to be bound by and comply with any license that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software.
14.4 Entire agreement
14.5 No relationship or third-party beneficiaries
14.6 Reservation of Rights
We reserve all rights not expressly granted to you.
14.7 No waiver
14.9 Use of sub-contractors and third-party service providers
We are entitled to make use of third parties as subcontractors or to provide services to us that we use in connection with Voice, and to change those third parties from time to time.
14.10 Assignment and transfer
You also agree that we may at any time transfer the operation of Voice or any part thereof, including any or all data and user content, to our affiliates, transferees and successors.
14.11 Contracting Voice Entity, Competent Court and Governing Law
|If you are resident in:||The relevant contracting Voice entity is:||The relevant competent courts are:||The relevant governing law is:|
|Anywhere||Voice (US) LLC, 4001 Kennett Pike, Suite 302, Wilmington, Delaware 19807||Federal or state courts located in New York County||State of New York|
15. FORWARD-LOOKING STATEMENTS
In making statements expressing our vision, plans or expectations with respect to Voice, we do not guarantee anything, and all aspects are subject to change at any time and in all respects at our sole and absolute discretion, with or without notice. We call these “forward-looking statements”, which includes statements that we may publish on Voice and in other material, other than statements of historical facts, such as statements regarding Voice’s development, expected performance, and future features, or our business strategy, plans, prospects, developments and objectives. These statements are only predictions and reflect our current beliefs and expectations with respect to future events; they are based on assumptions and are subject to risk, uncertainties and change at any time.
We operate in a rapidly changing environment and new risks emerge from time to time. Given these risks and uncertainties, you are cautioned not to rely on these forward-looking statements. Actual results, performance or events may differ materially from what is predicted in the forward-looking statements. Some of the factors that could cause actual results, performance or events to differ materially from the forward-looking statements include, without limitation: technical feasibility and barriers; market trends and volatility; continued availability of capital, financing and personnel; product acceptance; the commercial success of any new products or technologies; competition; existing, new and changing regulation and laws; actions or decisions of government agencies or authorities; and general economic, market or business conditions.
All statements are valid only as of the date of first posting and we are under no obligation to, and expressly disclaims any obligation to, update or alter any statements, whether as a result of new information, subsequent events or otherwise. Nothing that we publish constitutes technological, financial, investment, legal or other advice, either in general or with regard to any particular situation or implementation. Please consult with experts in appropriate areas before implementing or utilising any information that we publish.
Date of Last Update: February 14, 2020