Date of Last Revision: April 30, 2014
This Service is offered and available to users who are 13 years of age or older. By using Voycee, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Voycee.
Accessing the Voycee Service and Account Security
We reserve the right to withdraw or amend Voycee, and any service or material we provide on Voycee, in our sole discretion without notice. We will not be liable if for any reason all or any part of Voycee is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, including the App, website, or the entire website, to users, including registered users.
For brand or business pages, Voycee may ask for additional information to verify accounts. Brand or Business pages will only be permitted with verification.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you or your brand, and agree not to provide any other person with access to Voycee or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Voycee prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Voycee upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Voycee is not responsible or liable for the conduct of any user.
There may be links from or within the Service, or from communications you receive from the Service, to third-party web sites or features. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature which may require you to login to your account on the third-party service – and you do so at your own risk. Voycee does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Voycee is in no way responsible or liable for any such third-party services or features. By using such third-party services or features, you acknowledge and agree to the following: (i) if you use an third-party services or features to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an third-party services or features may cause personally identifying information to be publicly disclosed and/or associated with you, even if Voycee has not itself provided such information; and (iii) your use of an third-party services or features is at your own option and risk, and you will hold the Voycee Parties (defined below) harmless for all activities and communications related to the third-party services or features.
You agree that you are responsible for all data charges you incur through use of the Service.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sound files, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You may not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation age or which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Voycee’s prior written authorization.
- You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
- You agree that you will not solicit, collect or use the login credentials of other Voycee users.
- You may not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You may not create or submit unwanted email, comments, likes or other forms of commercial or third party advertising or harassing communications (a/k/a “spam”) to any Voycee users.
- You will not use your or someone else’s personal timeline primarily for your own commercial gain, and will use a Verified Business Account or Brand Account for such purposes.
- The Voycee Service allows Voycee users to submit status text, profile photos, photo posts, wall posts, video posts, audio posts, location information and any other method of media and other communications submitted by you, as well as any other submission of your status (collectively, the “Status Submissions”).
- These Status Submissions are public and may be hosted, shared, and/or published as part of the Voycee Service, and may be visible to other users of the Service. Status Submissions may be globally viewed by Voycee users or on third party websites. Currently, we have no method of providing different levels of visibility of your Status Submissions– you acknowledge and agree that any Status Submissions will be considered non-confidential and non-proprietary and may be globally viewed by users on Voycee or on third-party websites where a Voycee status was shared or archived, so do not submit or post status messages, media content or profile photos that you don’t want to be seen globally.
- You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Voycee is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Voycee, and Voycee makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Voycee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service.
- By submitting the Status Submissions to Voycee, you hereby grant Voycee a worldwide, ongoing, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Voycee Service and Voycee’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Voycee Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Voycee Service a non-exclusive license to access your Status Submissions through the Service.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, the following standards apply:
In connection with Status Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Voycee all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Voycee or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vii) attempt to gain unauthorized access to the Service or its related systems or networks.
In using Voycee, you may be exposed to content from other members or third parties (“Third-Party Content”), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other members of our Services.
Voycee does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Voycee will remove all content and Status Submissions and/or suspend or terminate a User’s access if properly notified that such content or Status Submission infringes on another’s intellectual property rights.
If you believe that any User Contributions violate your copyright, please file a copyright infringement notification by sending a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the username of the Voycee user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at Voycee.net. Voycee reserves the right to remove content and Status Submissions without prior notice. Voycee may remove such Status Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Reliance on Information Posted
Voycee does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Voycee expressly disclaims any and all liability in connection with Status Submissions.
You understand that when using the Voycee Service you will be exposed to Status Submissions from a variety of sources, and that Voycee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Voycee. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Voycee with respect thereto, and agree to indemnify and hold Voycee, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Voycee Service.
Voycee permits you to link to materials on the Service for personal purposes only. Voycee reserves the right to discontinue any aspect of the Voycee Service at any time.
Voycee retains and publishes Status Submissions until they are deleted or replaced. Voycee allows only one Status Submission at a time; when a new Status Submission is entered, the previous Status Submission will be deleted, unless the User has previously deleted the Status Submission. Voycee will use their best efforts to delete all deleted or expired messages off of their servers within 30 days. Voycee maintains their servers via third party hosting and Voycee is not responsible for any third party who obtains information in any manner via the third party host nor for any User who retains archives or captures a Status Submission and such Status Submissions are not the responsibility of Voycee.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You acknowledge that Voycee may use Status Submissions in their marketing efforts.
Notwithstanding the foregoing, Voycee grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Intellectual Property Rights
- The Service contains content owned or licensed by Voycee (“Voycee Content”). Voycee Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Voycee, Voycee owns and retains all rights in the Voycee Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Voycee Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Voycee Content.
- The Voycee name and logo, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
Disclaimer of Warranties
YOUR USE OF VOYCEE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH VOYCEE IS AT YOUR OWN RISK. VOYCEE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH VOYCEE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VOYCEE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “VOYCEE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE VOYCEE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VOYCEE OR VIA THE SERVICE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF VOYCEE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT VOYCEE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH VOYCEE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE VOYCEE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation on Liability
UNDER NO CIRCUMSTANCES WILL THE VOYCEE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE VOYCEE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VOYCEE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH TO A USERS COMPUTER OR TO A USERS DATA VIA A SECURITY BREACH TO A THIRD PARTY HOST, OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VOYCEE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VOYCEE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VOYCEE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLAR ($1.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VOYCEE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VOYCEE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VOYCEE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
VOYCEE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Voycee can require the other to participate in an arbitration proceeding. To opt out, you must notify Voycee in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
6th Sense Interactive LLC, 711 Third Ave, 16th Floor, New York, NY 10017
You must include your name and residence address, the email address and username that you use for your Voycee account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Voycee.
Time Limitation on Claims
Governing Law & Venue
The owner of the Service is based in the state of New York in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Waiver and Severability
Date of Last Revision: April 30, 2014