Terms of Service of Voice Of Friend
Welcome to Voice of Friend!
These Terms of Service inform you of the general terms that you agree
to when using our Services. Some of our Services may have additional
terms that apply specifically when using the particular Service. These
Terms of Service together with any additional specific Service terms are
collectively called the “Terms.” By using any of the Services, you agree
to be bound by the Terms. If you do not agree to these Terms, including
the mandatory arbitration provision (see “DISPUTES-ARBTIRATION”
1. AUDIENCE AND ACCOUNTS
You must be at least 13 years of age in the US, or 16 years of age in
countries subject to the EU General Data Protection Regulation (the
“GDPR”), unless exempted by individual country exceptions, to use the
Services or submit any information to Voice of Friend. If you are between
13 and 18 years of age, you may only use the Services under the
supervision of a parent or legal guardian who agrees to be bound by
applicable, please do not attempt to register for the Services or send any
personal information about yourself to us. If we learn that we have
collected personal information from a child under the required minimum
age, we will delete that information as quickly as possible. If you believe
that a child under the required minimum age may have provided us
personal information, please contact us via our contact form.
By using the Services, you agree to: (a) maintain the security of your
account by not sharing your password (if you have an account with a
password) or other access credentials with others; (b) restrict access to
your account and your computer or mobile device; (c) promptly notify
Voice Of Friend if you discover or otherwise suspect any security
breaches related to the Services; and (d) take responsibility for all
activities that occur under your account and accept all risks of
unauthorized access; and (e) comply with these Terms and the
Community & Content Policy.
You understand that you are responsible for all data charges you incur
by using the Services.
2. YOUR USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract,
intellectual property or other third-party right, or constitute a tort. You
are solely responsible for your conduct while on the Services and you
use the Services at your own risk.
The Services offer users the ability to communicate and interact with one
another. We encourage Users to treat each other with respect, and to
understand that Users are solely responsible for their interactions with
others. Voice Of Friend has no responsibility or liability with respect to
any online or offline interactions. We reserve the right, but have no
obligation, to monitor interactions between you and other users of our
Services. Please use your best judgment and keep safety in mind when
you use the Services and interact with others.
When using the Services, You further agree not to:
· Use the Services in any manner that could inhibit other users from fully
enjoying the Services or that could damage or impair the functioning of
· Engage in any discriminatory, defamatory, hateful, harassing, abusive,
obscene, threatening, physically dangerous, or otherwise objectionable
· Attempt to indicate that you have a relationship with Voice Of Friend or
that Voice Of Friend has endorsed you or any products or services;
· Send any unsolicited advertising or promotional materials or collect the
email addresses or other contact information of other users from the
Services for the purpose of sending commercial messages, or use any
domain name or URL in any account username or nickname;
· Attempt to reverse engineer any aspect of the Services or do anything
that might circumvent measures employed to prevent or limit access to
any area, content or code of the Services (except as otherwise expressly
permitted by law);
· Use or attempt to use another’s account without authorization from
such user and Voice Of Friend;
· Develop any third-party application that interacts with the Services
without Voice Of Friend’s prior written consent;
· Use any automated means or interface not provided by Voice Of
Friend to access or manipulate the Services or content (for example:
using bots, crawlers, scripts, Mail list, Listserv, auto-responders or
"spam", or any processes that run or are activated while you are not
logged into the Services);
· Use the Services or the Service Materials (defined below) for anything
other than their intended purpose or in a way that violates the
Community & Content Policy.
3. USER CONTENT
The Services allow you and other users to create, post, send and store
content or submissions, including messages, text, photos, videos, and
other materials (we call these "User Content"). You are permitted to
post User Content that: (a) is non-confidential; (b) you own or have all
necessary legal rights to post to the Services; (c) you have the written
consent, release, and/or permission from each identifiable person to use
their name or likeness; (d) is accurate and not misleading or harmful in
any manner; and (e) complies with these Terms, the Community &
Content Policy, and any applicable laws, rules or regulations. You
understand that User Content may be displayed publicly.
With some of our Services, we may enable linking or sharing to certain
available content. When such linking or sharing is permitted, you may
only do so for personal, non-commercial purposes, and this permission
is non-transferable and may be revoked at any time. Any such links
shall: (i) contain only text, and not any Voice Of Friend or Services
trademarks, (ii) not suggest affiliation with Voice Of Friend or cause
confusion; and (iii) not portray Voice Of Friend or the Services in a false,
misleading, derogatory, or otherwise offensive manner, and not contain
content that violates these Terms or the rights of any third party.
You affirm, represent, and/or warrant that: (i) you own or have the
necessary legal licenses, rights, consents, and permissions to use, post,
publish the User Content and to enable inclusion and use of the User
Content in the manner contemplated by the Services and these Terms;
and (ii) you have the written consent, release, and/or permission of each
and every identifiable individual person in the User Content to use their
respective name or likeness to enable inclusion and use of the User
Content in the manner contemplated by the Services and these Terms.
Voice Of Friend does not control, take responsibility for or assume
liability for any User Content or any loss or damage related to User
Content. Specifically for the Service “Manga,” Voice Of Friend reserves
the right to change the source of manga without prior notice. Voice Of
Friend does not claim to own or create any of the manga, or their
underlying content, and Voice Of Friend’s re-designation of the source of
manga does not create any right of ownership to, or any liability for, the
What’s Not Permitted?
User Content shall not violate these Terms or the Community & Content
Policy for any Service, which we may update from time to time. You
agree not to post, store, create or otherwise publish or send through the
Services any User Content that violates these Terms and/or the
Community & Content Policy. Among other things, Voice Of Friend
forbids User Content that infringes other’s intellectual property rights,
including without limitation, copyright, trademark, patent, trade secret,
privacy or publicity rights. Some other examples of User Content that is
not permitted include, without limitation:
· Material that you do not own or have the legal rights to post in
accordance with these Terms. For example, material that is the
copyright, trademark, patent, or trade secret of another, or is otherwise
subject to third party proprietary rights, including privacy and publicity
· Falsehoods or misrepresentations that could damage any third party or
Voice Of Friend;
· Material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, 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 as
determined in our sole discretion;
· Advertisements or solicitations of business; and
· Fraudulent content or impersonating another person.
For additional information on prohibited User Content, please review the
Community & Content Policy.
6. COPYRIGHT, TRADEMARK AND LIMITED LICENSES
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE
NOT THE PROPERTY OF VOICE OF FRIEND OR ITS SERVICES
THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE
PROPERTY OF THEIR RESPECTIVE OWNERS.
a. Our Intellectual Property
The names, logos, and any slogans of the Services, are trademarks of
Voice Of Friend, its affiliates, suppliers or licensors. Unless otherwise
indicated, the Services and all content and other materials on the
Services, including, without limitation, the Service names, logos and all
designs, text, graphics, pictures, videos, information, data, software,
sound files, other files (collectively, the "Service Materials") as well as
their selection and arrangement are the proprietary property of Voice Of
Friend or its licensors and are protected by U.S. and international
copyright, trademark and other laws. Except as explicitly stated in these
Terms, Voice Of Friend does not grant any express or implied right to
use Service Materials.
The Services and any necessary software used therein contain
proprietary and confidential information that is protected by law. You
acknowledge and agree that the Services and Service Materials are
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as permitted by us in writing, you
agree not to reproduce, distribute, modify, prepare derivative works of,
translate, reverse engineer, reverse compile or disassemble the
Services in whole or in part. Voice Of Friend’s ownership rights to the
Services and Service Materials includes future developments, updates,
modifications, and enhancements.
b. Our Limited License to You
You are granted a limited, nonexclusive, non-transferable, non-sub
licensable, and revocable license to access and use the Services and
Service Materials as described in these Terms for your personal, non-
commercial use. This license is revocable at any time. This limited
license does not change our rights of ownership to the Services and
Service Materials. Voice Of Friend continues to own all right, title, and
interest in and to the Services and Service Materials, even if you
incorporate Service Materials into your User Content. But we do not own
your purely original content. Voice Of Friend services, Service Materials,
or any aspect thereof at any time without advance notice.
c. Your License to Us
To provide the Services, it is necessary for us to have certain
permissions to work with User Content. You grant Voice Of Friend a
nonexclusive, royalty-free, worldwide, transferable, and fully sub-
licensable right to use, reproduce, modify, host, publish, translate, create
derivative works from, distribute, run, publicly perform or display your
User Content in any media (now known or later developed), including in
connection with M Voice Of Friend’s marketing and promotional
activities. This permission does not affect your ownership rights, if any,
to your User Content. You further grant Voice Of Friend the right to
publicly display your username in connection with User Content.
This license also includes the right for Voice Of Friend to make User
Content available to other companies, organizations or individuals for the
syndication, broadcast, distribution or publication on the Services or on
other media and services.
To terminate this license, you will need to delete your User Content or
your account. Please note that if your User Content was shared with or
by others, it will continue to appear on the Services.
4. COPYRIGHT COMPLAINTS
Voice Of Friend respects the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, you may complete the DMCA form provided on our
Services, or notify Voice Of Friend’s Designated Agent. You should note
that if you knowingly misrepresent in your notification that the material or
activity is infringing, you may be liable for any damages, including costs
and attorneys’ fees, incurred by Voice Of Friend or the alleged infringer
as the result of Voice Of Friend’s relying upon such misrepresentation in
removing or disabling access to the material or activity claimed to be
5. HOW WE RESPOND TO VIOLATIONS
Removal of User Content; Suspending or Terminating Account
To prevent abuses or violations of the Services or these Terms, Voice Of
Friend has the right to monitor your use of the Services. We will investigate
activity related to your use of the Services using any means legally
available and, where appropriate, may provide information about your use
of the Services to law enforcement authorities and other third parties. As
data derived from your use of the Services to provide or improve the
Services as well as to enforce these Terms.
As explained in the Section called “Termination,” Voice Of Friend has the
absolute right to stop providing part or all of the Services, or to suspend or
terminate a User’s account at any time. Voice Of Friend also has the right
to delete or remove any User Content that we, in our sole discretion, view
as violating these Terms, our Community & Content Policy, or for any other
reason. Removal of User Content and/or terminating access to Services
can be done without prior notice to the User.
Without limiting Voice Of Friend’s absolute rights of termination or removal
(see Section 17 below), there are certain actions that will result in
immediate removal of User Content and/or account termination. User
Content that poses a legal risk, is a threat to community members, or
violates these Terms will be immediately removed. In addition, if we
receive notice that User Content is alleged to infringe a third party’s
intellectual property or proprietary rights, it will be immediately removed
and you will be notified.
If you are determined to be a repeat offender, Voice Of Friend will
terminate your access to the Services. A repeat offender is a User who has
been notified at least twice that they engaged in prohibited activity and/or
has had User Content removed from any of the Services at least twice.
If your account has been suspended or terminated, and you wish to dispute
it, please contact us via our contact form.
6. COPYRIGHT, TRADEMARK AND
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE
PROPERTY OF VOICE OF FRIEND OR ITS SERVICES THAT ARE USED OR
REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE
a. Our Intellectual Property
The names, logos, and any slogans of the Services, are trademarks of Voice Of
Friend, its affiliates, suppliers or licensors. Unless otherwise indicated, the Services
and all content and other materials on the Services, including, without limitation, the
Service names, logos and all designs, text, graphics, pictures, videos, information, data,
software, sound files, other files (collectively, the "Service Materials") as well as their
selection and arrangement are the proprietary property of Voice Of Friend or its
licensors and are protected by U.S. and international copyright, trademark and other
laws. Except as explicitly stated in these Terms, Voice Of Friend does not grant any
express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and
confidential information that is protected by law. You acknowledge and agree that the
Services and Service Materials are protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as permitted by us in writing, you
agree not to reproduce, distribute, modify, prepare derivative works of, translate,
reverse engineer, reverse compile or disassemble the Services in whole or in part.
Voice Of Friend’s ownership rights to the Services and Service Materials includes
future developments, updates, modifications, and enhancements.
b. Our Limited License to You
You are granted a limited, nonexclusive, non-transferable, non-sub licensable, and
revocable license to access and use the Services and Service Materials as described in
these Terms for your personal, non-commercial use. This license is revocable at any
time. This limited license does not change our rights of ownership to the Services and
Service Materials. Voice Of Friend continues to own all right, title, and interest in and
to the Services and Service Materials, even if you incorporate Service Materials into
your User Content. But we do not own your purely original content. Voice Of Friend
reserves the right to change, improve, or discontinue the Services, Service Materials, or
any aspect thereof at any time without advance notice.
c. Your License to Us
To provide the Services, it is necessary for us to have certain permissions to work with
User Content. You grant Voice Of Friend a nonexclusive, royalty-free, worldwide,
transferable, and fully sub-licensable right to use, reproduce, modify, host, publish,
translate, create derivative works from, distribute, run, publicly perform or display your
User Content in any media (now known or later developed), including in connection with
Voice Of Friend’s marketing and promotional activities. This permission does not
affect your ownership rights, if any, to your User Content. You further grant Voice Of
Friend the right to publicly display your username in connection with User Content.
This license also includes the right for Voice Of Friend to make User Content
available to other companies, organizations or individuals for the syndication, broadcast,
distribution or publication on the Services or on other media and services.
To terminate this license, you will need to delete your User Content or your account.
Please note that if your User Content was shared with or by others, it will continue to
appear on the Services.
7. THIRD-PARTY CONTENT
The Services may integrate with or otherwise interact with third party services or
devices to bring you the Services. The Services may also include links and other
content owned or operated by third parties, including advertisements and social
"widgets." We may also allow access to third-party merchant sites from which you may
purchase goods or services. We call all of these third-party services, merchants, and
content "Third-Party Applications and Content."
Third Party Applications and Content have their own terms and privacy policies that
govern your usage or interactions with them and their services or content. Your
interactions with Third-Party Applications and Content are solely between you and the
third party. Accordingly, you must read the terms and conditions and privacy policies of
any Third-Party Applications and Content provider that you visit, interact with, or from
whom content is posted on our Services.
You acknowledge that Voice Of Friend does not control, endorse, or have the ability
to censor Third Party Applications and Content. You agree that Voice Of Friend
assumes no responsibility or liability for the services, content, privacy policies, or
practices of any Third Party Applications and Content and you access, use, or transact
with Third Party Applications and Content at your own risk. We are not a party to any
transactions entered into between you and any Third Party Applications and Content
providers. Voice Of Friend does not warrant that any Third Party Applications and
Content are compatible with the Services and expressly disclaims any liability for any
damages arising from your interaction with Third Party Applications and Content.
8. EXPORT CONTROL
The Services may be subject to U.S. export and re-export control laws and regulations
or similar laws applicable in other jurisdictions, including the Export Administration
Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and
economic sanctions maintained by the Treasury Department’s Office of Foreign Assets
Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained
by the Department of State. You warrant that you: (1) are not located in any country to
which the United States has embargoed goods or has otherwise applied any economic
sanctions; and (2) are not a denied party as specified in any applicable export or re-
export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and re-export control laws and
regulations, including the EAR, trade and economic sanctions maintained by OFAC,
and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell,
export, re-export, transfer, divert, or otherwise dispose of any products, software, or
technology (including products derived from or based on such technology) received
from Voice Of Friend or the Services to any destination, entity, or person prohibited
by any applicable laws or regulations of the United States or any other jurisdiction
without obtaining prior authorization from the competent government authorities as
required by those laws and regulations.
9. FEEDBACK AND OTHER
Separate from User Content, you may submit questions, comments, feedback,
suggestions, and other information regarding the Services (we call these
"Submissions"). Submissions are considered User Content and treated accordingly
under these Terms, except with regards to ownership rights. You acknowledge and
agree that Submissions are non-confidential and will become the sole property of
Voice Of Friend and that Voice Of Friend will own all right, title, and interest in
and to any Submissions. You agree to execute any documentation required by Voice
Of Friend to confirm such assignment to Voice Of Friend.
10. FEES; PAYMENTS
For any of the Services that charge a fee or require a subscription, you can make
payment or purchase the subscription as described in the applicable Service. Voice Of
Friend reserves the right to charge for certain or all Services it offers in the future. We
will notify you before any Services you are then using begin carrying a fee, and if you
wish to continue using those Services, you will be required to pay all applicable fees at
that time. You represent and warrant that if you are making any payments for or
purchases through the Services that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card company or
bank, and (iii) you will pay the charges incurred by you at the posted prices, including
any applicable taxes.
You agree to defend, indemnify and hold harmless Voice Of Friend, its parents,
subsidiaries or affiliates, service providers, independent contractors, and consultants,
and their respective directors, officers, employees, and agents (collectively, “Voice Of
Friend Parties”), from and against any third-party claims, damages, costs, liabilities
and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or
in any way connected to, directly or indirectly: (a) your use of the Services; (b) your
User Content or Submissions; (c) these Terms and/or the Community & Content Policy;
(d) your violation of any third party’s rights; and/or (e) your conduct in connection with
Voice Of Friend, and/or the applicable Voice Of Friend Parties, reserve the right
to assume the exclusive defense and control of any matter that is subject to this
indemnification. If this right is exercised, you will cooperate with Voice Of Friend in
the defense of any claim as we require. In no event shall you settle any claim without
our prior written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS
IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO
THE CONTRARY IN A WRITING BY VOICE OF FRIEND. VOICE OF
FRIEND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO
THE SERVICES AND SERVICE MATERIALS. VOICE OF FRIEND
DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR
SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED.
VOICE OF FRIEND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL
ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR
PHOTOGRAPHY. WHILE VOICE OF FRIEND ATTEMPTS TO MAKE
YOUR ACCESS TO AND USE OF THE SERVICES SAFE, VOICE OF
FRIEND CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES FROM ANY DOWNLOAD.
13. LIMITATION OF LIABILITY
You understand that when using the Services, you will be exposed to
other users and to User Content from a variety of sources, and that
users or User Content may be inaccurate, offensive, indecent, or
objectionable. You may also access third party content or services.
Voice Of Friend does not control you or other users’ conduct or the User
Content, nor any third party content or services, and therefore we are not
responsible for them. Voice Of Friend also does not endorse any user or
User Content or any opinion, recommendation, or advice expressed
therein. You assume all risk arising from your use of the Services,
including but not limited to all of the risks associated with any online or
offline interactions with other users or with any third party content or
services. You agree to take any and all necessary precautions when
interacting with other users and with third party content and services.
To the fullest extent permitted by applicable law, you agree that Voice Of
Friend and the Voice Of Friend Parties shall not be liable for any direct,
special, indirect, incidental, consequential, exemplary or punitive
damages, or any other damages of any kind, including but not limited to
loss of use, loss of profits or loss of data, whether in an action in
contract, tort (including but not limited to negligence) or otherwise,
arising out of or in any way connected to these Terms, the Services or
Service Materials, even if we know they are possible (collectively,
“Losses”). This includes, without limitation, Losses from your use of or
inability to use the Services or the Service Materials, from reliance on
any information obtained through the Services or that result from the
online or offline conduct of you or anyone else in connection with the
Services (including without limitation bodily injury, death or property
damage), from deletion of files, accounts, or User Content, and/or from
mistakes, omissions, interruptions, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether or not
resulting from acts of God, communications failure, theft, destruction or
unauthorized access to Voice Of Friend’s or the Voice Of Friend Parties’
records, programs or Services.
To the fullest extent permitted by applicable law, in no event shall the
aggregate liability of Voice Of Friend or the Voice Of Friend parties for
any Losses, whether in contract, warranty, tort (including negligence,
whether active, passive or imputed), product liability, strict liability or
other theory, arising out of or relating to the use of or inability to use the
Services or to these Terms exceed the greater of: (i) any compensation
you paid, if any, to Voice Of Friend for access to or use of the Services
for the twelve (12) months immediately preceding the Loss; or (ii) the
amount of $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain
damages, so some or all of the exclusions and limitations in this Section
may not apply to you. If you do not agree to this limitation of liability, your
remedy is to terminate your account and discontinue using the Services.
14. MODIFICATIONS TO THE SERVICES
Voice Of Friend reserves the right to modify or discontinue, temporarily
or permanently, the Services, or any features or portions of the Services
or Service Materials, without prior notice. You agree that Voice Of Friend
will not be liable for any modification, suspension or discontinuance of
the Services or Service Materials, or any part thereof.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO
ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU
CAN SEEK RELIEF FROM VOICE OF FRIEND.
Any dispute, claim, or cause of action arising out of or relating in any
way to these Terms, the Services, or Service Materials (we call these
“Disputes”), shall be resolved by confidential binding arbitration on an
individual basis, rather than in court, except as otherwise stated herein.
You and Voice Of Friend each waive your respective rights to a jury trial
for Disputes. This arbitration provision is governed by the Federal
As an exception to the arbitration requirement, the following disputes
may be brought in court: (i) any dispute that seeks injunctive or other
equitable relief for the alleged unlawful use of intellectual property (such
as copyrights, trademarks, trade names, logos, trade secrets, or patents)
may be brought in court; (ii) any claim of interference or attempted
interference with our Services; and (iii) disputes regarding the scope and
enforceability of this arbitration provision. In addition, either party may
assert the Dispute in small claims court if the Dispute qualifies.
You and Voice Of Friend agree that Disputes are personal and therefore,
class actions and class arbitrations are not permitted. Neither you nor
Voice Of Friend will commence against the other a class action, class
arbitration or other representative action or proceeding that would affect
other users of the Services. The arbitrator does not have the authority to
conduct a class arbitration or a representative action, and may not
consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding
involving more than one individual.
Any arbitration under this provision shall be held in Los Angeles,
California (or, alternatively, via telephone or video conference) before
and in accordance with the applicable rules of JAMS, which are available
on the JAMS website. You either acknowledge and agree that you have
read and understand the rules of JAMS or waive your opportunity to read
the rules of JAMS and any claim that the rules of JAMS are unfair or
should not apply for any reason. Arbitrations shall be conducted in
English. All documents and information disclosed in the course of the
arbitration shall be kept strictly confidential by the recipient and shall not
be used by the recipient for any purpose other than for the arbitration or
the enforcement of the arbitrator’s decision and award and shall not be
disclosed except in confidence to persons who have a need to know for
such purposes or as required by applicable law.
As limited by the Federal Arbitration Act, these Terms, and the
applicable JAMS rules, the arbitrator will have exclusive authority to
make all procedural and substantive decisions regarding any individual
Dispute and to grant any remedy that would otherwise be available in
court (excluding class arbitrations or representative actions as noted
above). Judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
You and Voice Of Friend agree that you will notify each other in writing
of any dispute within thirty (30) days of when it arises before filing for
arbitration. Notice to Voice Of Friend must be sent via our contact form.
If the Dispute is not resolved informally between the parties within thirty
(30) days of the date of notice, then either party may initiate arbitration in
accordance with these Terms.
Any Dispute must be filed within eighteen months after it arose;
otherwise, your claim is permanently barred.
Opt-Out of Arbitration: You have the right within thirty (30) days of first
accepting these Terms to decline this agreement to arbitrate. To do so,
you must send written notice with your name, address, username, email
address or phone number that you use for your Service account, identify
the Service(s) you use, and clearly state that you want to opt out of the
Terms of Service arbitration agreement. If you choose to file an
arbitration proceeding after providing Voice Of Friend the required
notice, Voice Of Friend will pay the filing fees, administration and hearing
costs, and arbitrator fees if the arbitration seeks less than US $10,000
and the Dispute is not determined to be frivolous or improper by the
arbitrator. We will also pay the fees and costs for any arbitration that we
initiate. For all other Disputes, the fees and costs shall be paid according
to the JAMS rules, including rules regarding frivolous or improper
claims. The arbitrator may make rulings and resolve disputes as to the
payment and reimbursement of fees or expenses at any time during the
preceding and upon request from either party made within 14 days of the
arbitrator’s ruling on the merits.
16. APPLICABLE LAW AND VENUE
These Terms and your use of the Services shall be governed by and
construed in accordance with the laws of California without resort to its
conflict of law provisions. To the extent the arbitration requirement does
not apply (if ever), you agree that any action at law or in equity for any
Dispute shall be filed only in the state and federal courts located in Los
Angeles County, California and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such
courts over any suit, action or proceeding for any Dispute.
Section 5 of these Terms have described specific instances in which
Voice Of Friend will automatically terminate a User’s account for
specified violations, such as for repeat infringement. In addition, Voice
Of Friend reserves the right, without notice and in its sole discretion, to
terminate your license to use the Services and/or Service Materials at
any time and to block or prevent your future access to, and use of, the
Services and/or Service Materials, for any or no reason. Voice Of Friend
also has the right to remove prohibited User Content at any time, without
prior notice and at its sole discretion.
If any provision, or part thereof, in these Terms shall be deemed
unlawful, void or for any reason unenforceable, then the unenforceable
provision or part thereof, shall be deemed severable from these Terms
and shall not affect the validity and enforceability of the rest of the
provision and any remaining provisions in these Terms.
19. CHANGES TO TERMS
If we makes changes to these Terms, we will provide notice by posting a
notice on the Services and will give you an opportunity to review the
changes before they go into effect. We will also update the "Last
Updated" date on the first page once the Terms take effect. Your
continued use of the Services after notice will confirm your acceptance
of the changes. If you do not agree to the updated Terms, you may
delete your account(s).
20. FORCE MAJEURE
Neither party will be liable for failure or delay in performing its obligations
because of causes beyond its reasonable control, including without
limitation, acts of God, terrorism, war, riots, fire, natural disasters,
outbreaks or pandemics, or degradation or failure of third party networks
or communications infrastructure.
21. ENTIRE AGREEMENT
This is the entire agreement between you and Voice Of Friend regarding
this subject matter and it supersedes any other written or oral
information or agreements. You cannot assign your account without our
written consent. We may assign or delegate our rights and obligations in
whole or in part without your consent. No failure or delay by Voice Of
Friend in exercising any of its rights under these Terms shall be deemed
a waiver of those or any other rights. You hereby acknowledge and
agree that you are not an employee, agent, partner, or joint venture of
Voice Of Friend or any of the Services, and you do not have any
authority of any kind to bind Voice Of Friend in any respect whatsoever,
and there are no third party beneficiaries intended under these Terms.
The following sections will survive termination of these Terms or your
account: 6a, 7, 9, 11, 12, 13, 15, 16, and 20.
22. QUESTIONS & CONTACT
Questions, comments, or notices under the Terms of Service may be
directed to Voice Of Friend via our contact form.
Voice Of Friend – Special Terms of
In addition to the general Terms of Service applicable to the [Voice Of
Friend] Services, the following Special Terms of Service also apply to
your use of the Services. The general Terms of Service together with
these Special Terms of Service may be collectively called “Terms.” By
using any of the Services, you agree to be bound by the Terms. If you
do not agree to all of the Terms, do not access or use the Services. Any
capitalized terms not defined separately in this Special Terms of Service
policy shall have the meaning given to them in the general Terms of
OUR Voice Of Friend MESSENGER APPLICATION CONTAINS
FEATURES AND FUNCTIONALITIES THAT MAY PROVIDE YOU
WITH ACCESS TO OPPORTUNITIES TO EARN AND SPEND KIN.
YOU ACKNOWLEDGE AND AGREE THAT THESE FEATURES AND
FUNCTIONALITIES ARE STILL UNDER DEVELOPMENT AND HAVE
BEEN RELEASED TO YOU ON A TRIAL-BASIS. AS SUCH, IT MAY BE
POSSIBLE FOR YOU TO LOSE SOME OR ALL VOICE OF FRIEND
YOU HAVE ACCUMULATED IN ANY OF THE FOLLOWING
CIRCUMSTANCES: (1) UPON LOGGING OUT AND LOGGING BACK
IN USING A DIFFERENT DEVICE; OR (2) UPON TERMINATION OF
YOUR VOICE OF FRIEND ACCOUNT BY US AT OUR DISCRETION.
VOICE OF FRIEND IS UNDER NO OBLIGATION TO REFUND TO YOU
ANY VOICE OF FRIEND YOU MAY LOSE.
Voice Of Friend Messenger facilitates your access to a decentralized
block chain ecosystem stewarded by the Voice Of Friend .You agree
that: (a) you are using Voice Of Friend at your own risk, on an as-is and
where-is basis; (b) you will abide by any policies made available by the
Ecosystem in respect of the Ecosystem; and (e) Voice Of Friend is not
responsible for any applications or opportunities developed by third
(1) Voice Of Friend Wallet. We may make available wallet services
within Voice Of Friend Messenger for you to store Voice Of Friend,
including Voice Of Friend that you have earned through Voice Of Friend
Messenger. The wallet is accessible to any person that has access to
your account with us. Accordingly, you acknowledge and agree that it is
your responsibility to maintain the safety and security of your password
to the Voice Of Friend Messenger and that any person having access to
your account may be able to spend Voice Of Friend that you have stored
within your wallet.
(2) Voice Of Friend Native Earn and Spend Opportunities. We may make
available to you opportunities from us or third parties to earn or to spend
Kin. While some of these opportunities will be integrated within the Voice
Of Friend Messenger application and, accordingly, may appear as
though they are part of the Voice Of Friend Messenger, some of these
opportunities are from third parties and not Voice Of Friend. While we
may bring to your attention that an opportunity is made available by a
third party, it is your responsibility to carefully review each opportunity.
(3) Voice Of Friend Marketplace Earn and Spend Opportunities. We may
make available to you access to the marketplace that is made available
by the Voice Of Friend Ecosystem (the “Voice Of Friend Marketplace”),
where you may explore opportunities to earn or spend Voice Of Friend.
You acknowledge and agree that these opportunities are not endorsed
by us. It is your sole responsibility to exercise judgment in evaluating and
participating in any such opportunities and we are not responsible for
any earn or spend opportunities made available on the Voice Of Friend
(4) Irreversibility of Voice Of Friend Transactions. You acknowledge that
Voice Of Friend transactions, including each time you spend or transfer
Kin, are irreversible and that it is your sole responsibility to ensure you
make each decision to spend or transfer Voice Of Friend carefully.
You agree that any software that we provide you, including the Voice Of
Friend messenger application, may automatically download and install
upgrades, updates or other new features and regularly send log
information to our servers. You may be able to adjust these automatic
downloads through your mobile device settings. These updates and
upgrades are designed to improve and enhance our Services and can
include bug fixes, enhancements and new modules. You consent to the
installation of such software, including updates and upgrades (and
authorize us to deliver such software to you) as part of your use of our
Services. You may withdraw consent by ceasing to use the Services.
ADDITIONAL LICENSE TERMS
To the extent not already covered in the general Terms of Service, you
grant us a non-exclusive, royalty-free and fully paid, irrevocable,
worldwide license, with the right to grant sublicenses, to: (1) reproduce,
distribute, host, display, and otherwise use the User Content for the
purpose of operating, developing, providing and improving the Services,
including publishing, distributing and promoting your User Content in the
group or through the bot or with the operator of such bot, with whom you
have interacted with, and researching and developing new products and
services; (2) to generate anonym zed or de-
identified information (“Aggregated Statistical Information”); and (3) using
MESSAGES NOT STORED
Voice Of Friend stores certain information about your chat history
including about which groups you are a member and with whom you
have interacted. However, Voice Of Friend does not store your
messages on our servers. Once you logout of the Voice Of Friend
Messenger, all your messages will be lost unless you have backed them
up manually, for example, by taking screenshots of your messages. We
are not responsible for any messages that may be lost.
INACTIVITY. In addition to the other rights we have to terminate
accounts or reclaim usernames, we may also reclaim usernames if
you've been inactive for at least 3 months.
APPLE APP STORE ADDITIONAL LICENSE TERMS
If the Voice Of Friend Messenger is provided to you through the Apple
Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the
following terms and conditions apply to you in addition to all the other
terms and conditions of these Terms:
(1) The parties acknowledge these Terms are concluded between the
parties, and not with Apple. The responsibility for the Voice Of Friend
Messenger and content thereof is governed by these Terms.
(2) Notwithstanding anything to the contrary hereunder, you may use
the Voice Of Friend Messenger only on an iPhone or iPod touch that you
own or control.
(3) You and we acknowledge that Apple has no obligation to furnish any
maintenance or support services with respect to the Voice Of Friend
(4) In the event of any failure of the Voice Of Friend Messenger to
conform to any applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the Voice Of Friend Messenger (if any) to
you. Except for the foregoing, to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever
with respect to the Voice Of Friend Messenger, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure
to conform to any warranty will be governed by these Terms.
(5) Any claim in connection with the Voice Of Friend Messenger related
to product liability, a failure to conform to applicable legal or
regulatory requirements, or claims under consumer protection or similar
legislation is governed by these Terms, and Apple is not responsible for
(6) Any third party claim that the Voice Of Friend Messenger or your
possession and use of the Voice Of Friend Messenger infringes that
third party's intellectual property rights will be governed by these Terms,
and Apple will not be responsible for the investigation, defense,
settlement and discharge of such intellectual property infringement
(7) You represent and warrant that you are not: (i) located in any
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country;
or (ii) listed on any U.S. Government list of prohibited or restricted
(8) Apple is a third party beneficiary to these Terms and may enforce
these Terms against you.
(9) If any of the terms and conditions in these Terms are inconsistent or
in conflict with Apple's applicable instructions for Minimum Terms for
Developer's End User License Agreement (the current version as of the
date these Terms was last updated is located at:
services/itunes/appstore/dev/minterms/) or the App Store Terms of
Service (the current version as of the date these Terms was last updated
is located at: http://www.apple.com/legal/internet-
services/itunes/ca/terms.html), the terms and conditions of Apple's
instructions for Minimum Terms for Developer's End User License
Agreement or App Store Terms of Service, as applicable, will apply to
the extent of such inconsistency or conflict.
If the Voice Of Friend Messenger is provided to you through the Google
Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play,
the following terms and conditions apply to you in addition to all the other
terms and conditions of these Terms:
(1) You acknowledge that Google is not responsible for providing
support services for the Voice Of Friend Messenger.
(2) If any of the terms and conditions in these Terms are inconsistent or
in conflict with the Google Play Developer Distribution Agreement (the
current version as of the date these Terms was last updated is located at
the terms and conditions of Google's Google Play Developer Distribution
Agreement will apply to the extent of such inconsistency or conflict.