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Voia Terms of Service

Welcome to the Voia! These Terms of Service, the Privacy Policy ("Privacy Policy"), and all other terms and policies posted on voia.com (collectively, these "Terms of Service") govern your access to, and use of, the Voia application ("App"), voia.com ("Website") and any other applications, content, products, and services (each a "Service" and collectively, the "Services") made available by Voia Inc. or its affiliates (collectively, "Voia", "we" or "us"). Please read these Terms of Service carefully as they constitute a legal agreement between you and Voia.

As used in these Terms of Service, "you" and "your" means you individually and any person acting as your agent, under your authority, or with your permission and, if you are accepting these Terms of Service on behalf of a company or other legal entity, that legal entity. If you are accessing the Services on behalf of an entity, you hereby agree to these Terms of Service on your behalf and on behalf of such entity. No one under thirteen (13) years of age is allowed to access or use the Services. If you are under eighteen (18) years of age, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms of Service with you before you start using the Services. By accessing and/or using any of the Services, you affirm that you are at least eighteen (18) years of age or, if you are not, that your parent or guardian has carefully reviewed these Terms of Service and Privacy Policy, and that you have obtained parental or guardian consent to enter into these Terms of Service and Privacy Policy. If you are not of legal age to enter into these Terms of Service and Privacy Policy and/or have not obtained parental or guardian consent to enter into these Terms or Service and Privacy Policy, then you may not access and/or use any of the Services and/or any part thereof.

PLEASE CAREFULLY READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES.

License to Use the Services

Subject to your acceptance of and continued compliance with all of the terms and conditions of these Terms of Service, during the period of time that you have a Voia Account or for a shorter period of time (as determined by Voia), we grant you a non-exclusive, limited, non-transferable, freely revocable license to access and use the Services for your use. Voia reserves all rights (including intellectual property rights) in the Services not expressly granted herein.

You hereby agree not to (a) remove any trademark, copyright or other proprietary rights notices contained in any Services, (b) challenge Voia's or its licensors' ownership of the Services and/or the intellectual property therein, (c) use Voia's name, trademarks, and/or the name of any Services in any fan site name, domain name or app name, (d) use or adopt any names and/or trademarks that might be confusingly similar to the trademarks of Voia and/or its licensors, (e) reproduce, transfer, distribute, sell, disassemble, reverse engineer or modify the App and/or the Services, and (f) use the Services for the benefit of any other person or third party. User Content (as defined below) must not include any material that is illegal and/or infringes on the rights of third parties and/or that may harm the reputation of Voia, our affiliates, our service providers and/or licensors as well as the Services. Your use and distribution of User Content must not suggest and/or imply any sponsorship by, affiliation with and/or endorsement by Voia and/or any of its affiliates. The creation and sale of merchandise based in whole or in part on any Services is expressly prohibited without Voia's prior written permission. Voia reserves the right to require the removal, destruction and/or deletion of any User Content that does not comply with the Terms of Service.

Voia reserves all right, title and interest in and to the Services that are not expressly granted in this Section. You shall not rent, lease, reproduce, modify, translate or create derivative works of any Services except as expressly permitted herein, nor create any derivative works from, or in any way exploit, any of the content contained in any Services without the express written permission of Voia. The creation and sale of merchandise based on any Services is expressly prohibited.

Voia reserves the right to terminate your license to use the Services if you violate any of the foregoing restrictions in this Section, and for any reason or for no reason at all.

Your Voia Account

In order to use certain Services, you must register for an account ("Account"). When registering for an Account, you must: (a) provide true, accurate, and complete information; and (b) establish a username and a password if required. You represent and warrant that any information you provide in connection with your Account and/or your access to and use of any Services is true, accurate and complete, and that you will maintain and promptly update such information so that it is current, true, accurate, and complete at all times. You may not use (and we may refuse to grant you) any username that (i) already is being used by another person, (ii) may be construed as impersonating another person, (iii) violates the intellectual property or other rights of any person, (iv) is offensive, and/or (v) Voia rejects for any other reason its sole and absolute discretion. You are responsible for keeping your Account password confidential and secured and for all activities that occur through your Account, whether or not you have authorized them. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF ANY SERVICES, YOU DO SO AT YOUR OWN RISK. You may not sell, transfer and/or allow others to access and/or use your Account. You will immediately notify us if you are aware of any unauthorized access to and/or use of your password or Account or any other breach of security. We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms of Service or from any activities that occur through your Account. We reserve the right in our sole and absolute discretion to suspend and/or terminate your Account and restrict your access to the Services if you do not comply with the Terms of Service or Privacy Policy, and/or any other terms and conditions that may apply to your access to and/or use of any Services.

Modifications to the Services

Voia reserves the right to modify, suspend or discontinue the Service (or any part thereof) with or without notice. Changes we make to the Services may require you to update your Account information or the devices or systems through which you access the Services in order to continue using the Services. You agree that Voia will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Your Conduct

You are responsible for all of your activity related to the Services and may not use the Services for any purpose other than as set forth in these Terms of Service. Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limitation of the foregoing, you will not (and will not authorize any third party to):

  • take any action that you know is false, misleading, untruthful, or inaccurate;

  • use the Services in connection with any fraudulent or illegal conduct, transaction, or business;

  • "spam" others or "phish" for others' personal information;

  • disclose your or any other person's personal information;

  • use the Services in a manner that is unlawful, harmful, abusive, harassing, defamatory, libelous, disparaging, profane, sexually explicit, obscene, hateful, racially or ethnically offensive, threatening, invasive of a person's privacy, violative of any third party proprietary rights, tortious, or is otherwise inappropriate;

  • use the Services to transmit software viruses, trojan horse, corrupted data, bot, keystroke logger, worm, time bomb, cancelbot, or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, obtain unauthorized access to, or interfere with the proper function of the Services, including the App, the Website and any other software, hardware, or telecommunications equipment;

  • take any action that imposes or may impose (as determined by Voia in its sole discretion) an unreasonable or disproportionately large load on Voia (or its third party providers') infrastructure;

  • interfere or attempt to interfere with the proper working of the Services;

  • bypass, circumvent, or attempt to bypass or circumvent any measures Voia may use to prevent or restrict access to the Services, including the App, the Website and other accounts, computer systems, and networks connected thereto;

  • frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service;

  • use meta tags or any other "hidden text" using any Voia Intellectual Property (as defined below);

  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of the App or the Website or make or attempt to make any modification to the Services, except to the limited extent applicable laws specifically prohibit such restriction;

  • reproduce, copy, modify, adapt, translate, make available, link, exploit for any commercial purposes, or otherwise create derivative works of the Services;

  • sell, resell, copy, rent, lease, loan, distribute, or charge any party for access to the Services;

  • use or launch any automated system, including "robots", "spiders", or "offline readers", to access the Services;

  • act as an intermediary, aggregator, or service bureau yourself or on behalf of any third party;

  • impersonate or misrepresent your affiliation with Voia, our affiliates, our service providers, our licensors and/or any other person, company and/or group;

  • post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company;

  • delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a Voia communication feature;

  • attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which any Services are operated;

  • exploit any bug in any Services and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of such Services. Additionally, you agree to promptly report any such bugs to Voia;

  • create, use or provide any server emulator or other site where any Services may be used, and to refrain from posting or distributing any utilities, emulators or other software tools related to any Services without the express written permission of Voia;

  • post, link to, or transmit any kind of unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

  • restrict or inhibit any other person from using any Services (including, without limitation, by hacking, cracking or defacing any portion of such websites or games);

  • attempt to use the Services on any server that is not controller or authorized by Voia or its designee; or

  • use any services in connection with any commercial activity without Voia's prior written consent.

User Content

Voia may, in Voia’s sole discretion, permit users to create, edit, share and post User Content. As used in these Terms of Service, "User Content" means any and all content that you upload, create and/or edit via the Services, including, without limitation, profile information, photographs, videos, images, al works, sound recordings, narrations, text and other materials. Note, we also have the right (but not the obligation), in our sole discretion, to remove any User Content that is stored or shared via the Services.

You are solely responsible for your User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all your User Content or you have all rights, licenses, consents and releases necessary to grant Voia the license to your User Content; and (ii) neither your User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Voia’s use of your User Content as permitted herein will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree that Voia shall not be liable for any violation of any laws or rights of third parties, including intellectual property rights, rights of privacy, and rights of publicity, arising from or related to the creation, editing, sharing and/or other use of any User Content by you or Voia, and you hereby agree to indemnify, defend and hold harmless Voia and its affiliates, suppliers, business partners, and licensors, and its and their respective employees, contractors, and agents (collectively, the "Voia Indemnitees") from any and all any and all damages, costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) (collectively, "Losses") arising from any and all third party suits, actions, proceedings and/or claims (collectively, "Claims") related to such creation, editing, sharing and/or other use of any User Content.

Before you upload any User Content, please ensure you have a copy of such User Content saved and stored somewhere other than the Services, App and/or Website. Voia takes no responsibility for the loss or destruction of any User Content. By uploading any User Content to the Services, Voia’s App and/or Website, you release Voia from any and all liability in connection with the modification, editing, loss and/or destruction of all User Content.

User Content License Grant

By uploading, creating, editing and/or sharing User Content via the App and/or Services, you hereby expressly grant, and you represent and warrant that you have all the necessary rights to grant, Voia a royalty-free, fully-paid up, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to create a video via the Services that incorporates your User Content.

With respect to any video that Voia creates using your User Content (“Video”), by downloading, sharing or publishing your Video to your computer, smartphone, or mobile device, you hereby expressly grant, and you represent and warrant that you have all the necessary rights to grant, Voia a sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to reproduce, distribute, display, perform (whether public or otherwise), adapt (including, without limitation, the rights to edit, modify, translate and reformat), use, create derivative works from or of, transmit, make, have made, sell, offer to sell, import, export, share, and otherwise use and exploit (and have others exercise such rights on behalf of Voia) your Video (including your and any other person’s name, image, likeness and/or voice and any other User Content contained therein) in any and all media now known or hereafter developed, including distributing your Video, in whole or in part, for any purpose whatsoever, commercial or otherwise, including to advertise, market and promote the Services and Voia and to generate revenue.

In addition, you grant to each user of the Services, a worldwide, non-exclusive, royalty-free license to access your User Content through the Services, and to use, reproduce, display, prepare derivative works from or of and perform such User Content and Video, along with your username, to the extent permitted by the functionality of the Services and in accordance with this Terms of Service.

Indemnity

You hereby indemnify, defend and hold harmless the Voia Indemnitees from any and all Losses arising from any and all Claims brought by a Third Party related to your use or misuse of the Services or breach of these Terms of Service. You will cooperate fully as reasonably required in the defense of any such claim. You also agree to release and discharge Voia from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use any Service(s).

IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO ANY SERVICE(S), OR TO ENJOIN OR OTHERWISE INTERFERE WITH VOIA’s DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, DISTRIBUTION OR EXPLOITATION OF ANY SERVICE(S), OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO VOIA UNDER THESE TERMS OF SERVICE.

Termination and Suspension

We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your Account or your use of the Services at any time, for any reason or for no reason at all. You may terminate these Terms of Service at any time by discontinuing your use of the Services. Upon any termination of these Terms of Service by either you or us, the following sections will survive: "Your Conduct", "User Content", "User Content License", "Indemnity", "No Warranty", "Limitation of Liability", "Feedback", "Privacy", "Severability & Non-Waiver", "Assignment", and "Governing Law", together with all other provisions that by their plain meaning are intended to survive.

App Stores

You acknowledge and agree that the availability of the App may be dependent on the third-party from which you received the App's license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge and agree that these Terms of Service are between you and Voia and not with the App Store and that Voia is responsible for the provision of the App as described in these Terms of Service. However, if you downloaded the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. These Terms of Service incorporate by reference Apple's Licensed Application End User License Agreement, for purposes of which, you are "the end-user". In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms of Service, the terms of these Terms of Service will control.

No Warranty

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOIA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VOIA, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, IS IN COMPLIANCE WITH ANY APPLICABLE LEGISLATION, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

VOIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VOIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL VOIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, VOIA’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED DOLLARS ($100).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VOIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE WARRANTY DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VOIA'S LIABILITY IS LIMITED TO, AND THE SCOPE AND DURATION OF THE WARRANTIES SET FORTH IN THESE TERMS OF USE SHALL BE, THE MINIMUM PERMITTED BY APPLICABLE LAW.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.

Intellectual Property

Voia and its licensors own all right, title and interest in and to the App and the Services. You agree that the Services, and all of Voia's intellectual property rights contained therein, including, without limitation, all copyrights, patents, trade secrets rights, know-how, trademarks, trade names, service marks, other Voia logos and brand features, product and service names, and other rights (collectively, the "Voia Intellectual Property") are the sole and exclusive property of Voia and its third party licensors. Without prior permission, you agree not to display or use in any manner any of the Voia Intellectual Property. Additionally, you shall not, under any circumstances, use our trade names, trademarks or service marks in connection with any product or service that is not our product or service, or in any manner that is likely to cause confusion.

Procedure for Making Claims of Copyright Infringement

We respect intellectual property rights, including copyrights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The use of any material or content (including video or sound) is prohibited if you do not own the related intellectual property rights or own the necessary licenses.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please send a notice to our copyright agent (identified below) that provides us with the following information requesting that such materials be removed or access to it blocked: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed (or if multiple copyrighted works incorporated in the Services are covered by a single notification, a representative list of such works); (3) identification of the material that is claimed to be infringing or the subject of infringing activity, and information or a description reasonably sufficient to allow Voia to locate on the Services the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the exclusive copyright owner or authorized to act on the exclusive copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Voia a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent by email to legal at voia dot com.

Among other things, Voia reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section. Contact information for notice of claims of copyright infringement is email to legal at voia dot com.

Procedure for Claims of Other Intellectual Property Infringement

If you believe that any content posted on the Services infringes your intellectual property rights, please send us a notice of infringement to legal at voia dot com with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest that is allegedly infringed; (2) a description of the work that you claim has been infringed (or if multiple works incorporated in the Services are covered by a single notification, a representative list of such works); (3) identification of the material that is claimed to be infringing or the subject of infringing activity, and information or a description reasonably sufficient to allow Voia to locate on the Services the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the use of the work in the manner complained of is not authorized by the intellectual property owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf. We will review and investigate any notice of infringement, and take appropriate action, such as removing the allegedly infringing content and/or suspending the Account of the alleged infringer.

Feedback

We welcome your feedback about the Services. However, you acknowledge and agree that any comments, ideas, notes, suggestions or other feedback ("Feedback") you provide is our exclusive property, and we may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you. You hereby assign to Voia all of your right, title, and interest in your Feedback, including all intellectual property rights therein. Please send feedback by email to feedback at voia dot com.

Privacy

Voia's collection, use and disclosure of user information is subject to the Privacy Policy. Your submission of information through or in connection with any Service(s) is governed by the Privacy Policy. To the extent that you submit any personally identifiable information to any third party in connection with any Service(s), please note that (a) such third party's collection, use and disclosure of such information will be governed by its own privacy policy and not by the Privacy Policy, and (b) we are not responsible for the information collection, usage and disclosure practices of such third party or any other third parties.

The Privacy Policy explains how we collect, store, share, or otherwise use any personal information you provide through the Services ("Personal Data"). Our use of Personal Data will be in accordance with the Privacy Policy and you hereby grant Voia the right to use your Personal Data consistent with these Terms of Service, including the Privacy Policy.

Severability & Non-Waiver

If any provision of these Terms of Service, or any portion thereof, is found to be illegal, unenforceable, or invalid, that provision or portion will be replaced by a valid, legal, and enforceable provision that comes closest to the parties’ intent underlying the invalid, illegal, or unenforceable provision. The waiver by a party of any of its rights or a breach in a particular instance will not be construed as a waiver of such rights or breach or of the same or different rights or breach in subsequent instances.

Assignment

You may not assign your rights or obligations hereunder without Voia’s express prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent. Any assignment or transfer or purported assignment or transfer in violation of this Section is null and void. These Terms of Service shall be binding upon the permitted heirs, successors, and assigns of the parties hereto.

Governing Law

Your access and use of the Services and these Terms of Service shall be governed by and construed in accordance with the laws of California without reference to its conflicts of laws provisions.

Dispute Resolution; Arbitration; Class Action Waiver

ANY AND ALL CONTROVERSIES, CLAIMS OR DISPUTES BETWEEN YOU AND VOIA ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS OF SERVICE, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VOIA ("Dispute") WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR ("Arbitration") INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND VOIA AGREE THAT YOU AND VOIA ARE WAIVING THE RIGHT TO TRIAL BY A JURY.

An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.

The Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms of Service. Arbitration will be conducted in San Jose, California. The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer%20Rules.pdf. Additionally, the arbitrator shall follow applicable state and federal law.

The Arbitration costs, including arbitrator compensation, will be split between you and Voia according to the AAA Commercial Arbitration Rules and the AAA's Supplementary Procedures.

YOU AND VOIA AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND VOIA ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Voia that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you or Voia from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.

AN ACTION SEEKING DAMAGES IS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DISPUTE BETWEEN YOU AND VOIA. IN NO EVENT SHALL YOU BE ENTITLED TO SEEK EQUITABLE OR INJUNCTIVE RELIEF AGAINST VOIA.

California Complaint Assistance

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding any Services, please feel free to contact us by phone at (510) 936-0130 or by writing to us at Voia Inc., Attention: Office of the General Counsel, 150 W Iowa, Sunnyvale CA 94086. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Updates to this Terms of Service

We reserve the right, at our sole discretion, to modify, change or otherwise alter these Terms of Service from time to time. If we make any changes to this Terms of Service, we will change the "Last Revision" date below and will post the updated Terms of Service on this page. Unless otherwise indicated, such changes will become effective immediately. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Services following the posting or other provision of any updated Terms of Service will constitute your acceptance of such updated Terms of Service and the updated Terms of Service will apply to your continued use of the Services going forward.

Last revision date: May 7, 2024

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