In order to provide you with our Services (as described below) through our application, services, functions, software that we make available to you, it is necessary that you expressly accept our Terms of Service ("Terms"). VOYSMILE provides you with the services described below ("Services").
Privacy and security principles:
Since we started VOYSMILE, we create our Services taking into account strong principles of privacy and security.
Connect with other people:
We offer you, and we always strive to improve the ways of communicating with other VOYSMILE users, which includes sending audio messages, sending notifications to the contacts you want to receive your audios and sharing your location with other people whenever you want.
Communicate for a social purpose:
Where you can send audios to whoever you want and be able to be permanently connected with everyone VOYSMILE user.
Communicate with business:
We will allow, and always strive to improve, you, companies and other organisations to communicate with each other through our Services, for example, allowing audios to be sent with relevant information for each commercial category.
Communicate for a playful purpose: You can send audios to whoever you want in order to participate in different games in different parts of the world.
Protection, security and integrity:
We work to guarantee the protection, security and integrity of our Services. This includes dealing properly with abusive people or behaviour that violates our Conditions. We work to prohibit the misuse of our Services, such as harmful behaviour to other people and violations of our Terms and policies, as well as to address those situations in which we can help support or protect our community. If any user notices the existence of this type of person or behaviour, he may report such audio to VOYSMILE and we will take the appropriate measures, such as eliminating the activities that correspond to that user immediately.
Grant access to our Services:
To operate our Service globally, we must store and distribute content and information in our data centres and systems around the world, including regions outside your country of residence.The use of this international infrastructure is necessary and essential to provide our Services.
IF YOU ARE A VOYSMILE USER, YOU WAIVE ANY RIGHT TO PRESENT SUCH DISPUTES BEFORE A JUDGE ORJURY, AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ARBITRATIONS OR REPRESENTATION AGREEMENTS.
You must register to use our Services as a user, and this cannot be modified for a period of one year, using exact data, to provide your personal data correctly.
You can use the contact upload function and, in accordance with applicable laws, you provide us with the phone numbers that appear in your contact book on a regular basis, including those of the users of our Services and your other contacts.
You must be at least 18 years old to register and use our Services (or the minimum age required in your country or territory to be authorised to register and use our Services without parental approval).In addition to having the minimum age required to use our Services under applicable law, if you are not old enough to be able to accept our Conditions in your country or territory, your parent or guardian must accept ourConditions on your behalf. Ask your father, mother or guardian to read theseConditions with you.
You must have certain devices, software and data connections that we do not provide to use our Services. Likewise, to make use of our Services, you agree to download and install updates to our Services, either manually or automatically. You also agree that we send you notifications through our Services from time to time, as necessary to provide you with our Services.
You must use our Services in accordance with our published Conditions and Policies. If you violate our Conditions or Policies, we can take measures regarding your account, such as disabling or suspending it, in which case, you agree not to create another account without our permission.
You must access our Services and use them only for legal, authorised and acceptable purposes. You will not use (or help others use) our Services in a way that: (a) violates, misappropriates or infringes the rights of VOYSMILE, our users or third parties, including the rights of privacy, intellectual or industrial property, copyright or other property rights; (b) is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or that promotes or encourages illegal or inappropriate behaviour, such as the promotion of violent crimes, exploiting or endangering children or coordinating harmful behaviour; (c) involves the publication of falsehoods, erroneous statements Or misleading statements; (d) impersonate another person; (e) involve the sending of illegal or inadmissible communications; or (f) involve any other non-personal use of our Services, unless we authorise otherwise.
You must not (or should you help others to),directly or indirectly, by automated or other means, access, use, copy, adapt, modify, create derivative works from our Services, or distribute, license, sublicense, transfer, display, execute or otherwise exploit our Services in an inadmissible or unauthorised manner, or in ways that affect us, harm or harm us, our Services, our systems, our users or third parties that you should not, directly or through automated means: (a) reverse engineer, alter, modify, create derivative works, decompile or extract codes from our Services; (b) send, store or transmit viruses or other harmful computer code through or on our Services;(c) obtain or attempt to obtain unauthorised access to our Services or systems;(d) interfere with or affect the protection, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services by automated or unauthorised means; (f) collect information from or about our users in any inadmissible or unauthorised way; (g) sell, resell, rent or charge for our Services or for data obtained from us or ourServices in an unauthorised manner; (H) distribute or make available ourServices on a network where they could be used on several devices at the same time, except as authorised through tools that we expressly provide in ourServices; (i) create software or APIs that work in a very similar way to ourServices and offer them in an unauthorised way to third parties to use them; nor (j) inappropriately use any reporting channel, for example, sending fraudulent or unfounded reports or claims.
You are responsible for maintaining the security of your device and your VOYSMILE account, and you must immediately notify us of any unauthorised use or security failure of your account or our Services.
VOYSMILE does not claim ownership of the information you send to your VOYSMILE account or through our Services. You must have the necessary rights in relation to the information you send for your VOYSMILE account or through our Services, as well as the right to grant the rights and licenses contained in our Conditions.
We own all copyrights, trademarks, domains, logos, business images, trade secrets, patents and other intellectual or industrial property rights associated with our Services. You may not use our copyrights, trademarks or registered trademarks, domains, logos, business images, trade secrets, patents and other intellectual or industrial property rights, unless you obtain our explicit permission and only in accordance with our trademark rules.
In order to operate and provide our Services, you grant VOYSMILE a worldwide, non-exclusive, royalty-free license that can be sub-licensed and transferred to use, reproduce, distribute, create derivative works, display and execute the information (including content), that you upload, present, store, send or receive through our Services. They are not yet encrypted, and it is feasible for this to occur in the time to be applied to public audio messages. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as allowing us to display your profile photo, transmit and store your audios).
We grant you a limited, revocable, non-exclusive license, which cannot be sub-licensed or transferred to use ourServices, subject to and in accordance with our Conditions. This license is granted for the sole purpose of allowing you to use our Services in the manner stipulated in our Conditions. You will not be granted licenses or rights implicitly or in any other way, except for the licenses and rights expressly granted to you.
REPORT OF INFRINGEMENTS OF COPYRIGHT, TRADE MARK OR REGISTERED TRADEMARK OR INTELLECTUAL OR INDUSTRIAL PROPERTY OF THIRD PARTIES
You can report claims of infringements by thirdparties of copyright, trademark or registered trademarks or other intellectualor industrial property rights. We may take action regarding your account,including disabling or suspending it, if you clearly, seriously or repeatedlyviolate the intellectual or industrial property rights of others or if we arerequired for legal reasons.
Use our services at your own risk and subject to the following discharges of responsibility. We provide our services as they are and without any express or implied warranty.We do not guarantee that any information provided is accurate, complete or useful, that our services are operational, error-free, protected or secure, or that our services function without interruptions, delays or imperfections. We do not control and are not responsible for controlling how or when our users use our services or the functions, services and interfaces that our services provide. We are not responsible or obliged to control the actions or information (including the content of the audios) of our users or third parties. You release us, administrators, managers, employees, partners and agents from any claim, complaint, cause of action. Controversy, dispute or damage, known or unknown, related, derived or connected in any way to any claim you have from any third party.
VOYSMILE will not be responsible for any loss of profits or other resulting, special, punitive, indirect or incidental damages related to, derived from or connected in any way with our conditions, even if the parties have been notified of the possibility of such damages occurring.
If someone makes a claim ("Third PartyClaim") against us related to your actions, your information, your content on VOYSMILE or any other use of our Services by you, you will indemnify and hold the VOYSMILE Parties harmless from and from any type of responsibilities, damages, losses and expenses (including reasonable legal expenses and fees)related, derived from or connected in any way with the following: (a) your access to or use of our Services, including the information and content provided in connection with them; (b) your breach by you with our Terms Or the applicable legislation; or (c) any false statement you make. You will collaborate to the extent that we request it in the Defence or resolution of any Third Party Claim. If the laws of your country of residence or territory, applicable as a result of your use of our Services, do not allow it, the above compensation will not modify your rights with respect to VOYSMILE.
Applicable legislation: The laws of the State of theNetherlands govern our Terms, as well as any Dispute, whether in court or through arbitration, that may arise between you and VOYSMILE, regardless of the provisions on conflicts of laws.
Time limit to file a claim or dispute: THESE CONDITIONS ALSO LIMIT THE TIME YOU HAVE TO FILE A CLAIM OR DISPUTE, WHICH INCLUDES THE TIME TO INITIATE AN ARBITRATION OR, IF ADMISSIBLE, A CLAIM OR MINOR CLAIMS ACCORDING TO THE MAXIMUM SCOPE THAT THE APPLICABLE LAW ALLOWS IT. Both you and we accept that, for any Dispute (except for the Excluded Disputes defined below), we must file the corresponding Claims (which includes initiating an arbitration procedure)within a maximum period of one year after the appearance of the Dispute in question. Otherwise, the Dispute will be definitively rejected. Therefore, if you or we do not file any Claim (including initiating an arbitration) within a maximum period of one year after the appearance of the Dispute, the arbitration will be dismissed because it was initiated too late.
We are constantly trying to improve our Services. Therefore, we may expand, add or remove some of the Services, as well as the functionalities, compatibility with certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, updates, or due to equipment or network failures. We may discontinue at any time some or all of our Services, including some functions and compatibility with certain devices and platforms. Our Services may be affected by events that are beyond our control, such as natural disasters and other force majeure events.
Although we expect you to remain a VOYSMILE user, you can end your relationship with VOYSMILE at any time and for any reason by deleting your account. We may modify, suspend or cancel your access to our Services or your use of them at any time and for any reason, for example, if you violate the document or the spirit of our Conditions or cause damage or risks, or take any action that leaves us legally exposed to us, our users or other people.
Unless a mutual agreement between you and us stipulates otherwise, our Terms constitute the entire agreement between you and us in relation to VOYSMILE and our Services, and replace any prior agreement.
Our Terms are written in English (UnitedStates). Any translated version is provided exclusively for your convenience. To the extent that any translated version of our Terms conflicts with the English version, the latter will prevail.
We may modify or update these Conditions. We will notify you of material modifications to our Conditions, as appropriate, and update the effective date at the top of our Conditions. By continuing your use of our Services, you confirm your acceptance of our Conditions, with any modification. We hope you continue to use our Services. However, if you do not accept our Terms and the modifications made to them, you will have to delete your account to stop using our Services.
You will not transfer any of your rights or obligations under our Terms to any third party without our prior written consent.
Nothing included in our Conditions will prevent us from complying with the law.
Except as contemplated in this document, our Terms do not grant rights of benefit to any third party.
If we do not demand compliance with any of our Conditions, it will not be considered a waiver.
If any of the provisions of these Conditions are illegal, invalid or, for any reason, unenforceable, said provision may be considered corrected to the minimum extent necessary to make it applicable and if it cannot be made applicable then it must be excluded from our Conditions and will not affect the validity and enforceability of the rest of the provisions, so our Conditions and the remaining part of our Conditions will remain in full validity and effect.
We reserve all rights that we have not expressly granted you. In certain jurisdictions you may have rights as a consumer and our Conditions are not intended to limit such legal rights as a consumer that could not be waived by contract.
Acceptance of terms:
By using voysmile, you agree to adhere to these Terms and Conditions, which include a strict policy against objectionable content and abusive behavior.
No tolerance for objectionable content:
Users are prohibited from posting, sharing, or sending any content that can be deemed as offensive, harmful, inaccurate, or inappropriate. This includes, but is not limited to, content that is illegal, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or promotes illegal or harmful activities.
No tolerance for abusive behavior
Abusive behavior towards other users is strictly prohibited. This includes any form of harassment, bullying, intimidation, or exploitation.
It is the responsibility of each user to uphold these standards. Users should not engage in, support, or endorse objectionable content or abusive behavior.
Enforcement and consequences:
Violations of these policies will result in immediate action, which may include removal of content, suspension of account privileges, or termination of accounts. voysmile reserves the right to take necessary legal action against violators.
Reporting mechanism: Users are encouraged to report any content or behavior that violates these Terms. voysmile will review and address all reports promptly.
By accepting these Terms and Conditions, users acknowledge their understanding and compliance with this zero tolerance policy. Failure to adhere to these guidelines will lead to enforcement actions as outlined above.