Terms of Service
Greetings and welcome to VoxHumans, Inc. (“Company”, “we”, “us”, “our”) where you have the ability to anonymously share your feelings and enter the minds of human beings everywhere. We are excited to have you as a user and a member of our community!
These Terms of Service (“Terms”) apply to your access and use of our mobile application (“App”), website (“Site”), and other online products and services (collectively known as “Service”). By using our Service, you consent to our Terms, including our Privacy Policy and Content and Conduct Guidelines. If you do not agree with all of these Terms, please do not use the Service.
Terms of Service Updates
We may change these Terms of Service at our sole discretion and from time to time. When we make changes in a material way, a revision date will be posted on the bottom of the updated Terms of Service. Your continued use of our Service following the posting of any changes constitutes acceptance of those changes.
Summary
You must be a physical person, at least 17 years or older to use this Service
The content (“Vox”, “Voxes”) you submit, post or display will be viewable by others. Therefore, don’t create content that is illegal or unlawful, including content that is pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, defamatory, racist, or otherwise objectionable, or content that can harm or inhibit other users
Don’t post or link to viruses, worms or other malicious code or corrupted data that may harm a network, computer, server, hardware, software or mobile device
Don’t use the Service in a way that could impose an unreasonable burden or breach the security of the Service
We retain the right to remove user content without notice
License
All materials on the Service, including, but not limited to text, graphics, images, illustration, designs, icons, photographs, sketches, HTML, look and feel, software, algorithms, source and object code, format, queries, and other content is between you and the Company, owned by the Company or is used with permission. Accordingly, the Company grants you a limited, nonexclusive, non-transferable and revocable license to the Service, and allows you to use the App on a mobile device that you own or control. Any unauthorized use of the Service may violate these Terms. Except as expressly provided herein, we do not grant any express or implied rights to the content within the Service.
By submitting content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license, under your intellectual property rights to use, reproduce, distribute, prepare derivative works of, and display content in direct connection with the operation of the Service. This license granted to us will continue as long as your content remains available on our Service.
You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, or create derivative works, or sell, rent, lease, loan, assign, distribute, license or sublicense, any part of the Service. You agree not to use data mining, robots or similar data gathering or extraction methods, or use the Service for anything other than its intended purpose. If you do any of the above, we may terminate your use of the Service and subject you to prosecution and damages.
Content and Conduct Guidelines
We are not responsible for the Voxes of our users, and while we make every effort, we cannot guarantee that that our Service will always follow these guidelines. We directly monitor Voxes from our users. We also depend on our users to flag inappropriate Voxes into one of several different categories. We moderate flagged Voxes. We sincerely encourage our users to follow these content and conduct guidelines.
Share openly
Engage with kindness and respect
Encourage and support other users
Show compassion
Anonymity has many benefits, but you should not use it to post Voxes with content related to:
Terrorism
Violence
Criminal activity
Hate speech
Self harm
Bullying
Harm or injury to other people
Property of others by copyright, trademark, etc.
By default in our Service, all users are opted-out of content flagged as “Mature Content” by other users of the system. However, each user can choose to opt-in to mature content by engaging the appropriate toggle button in Settings in the App.
Enforcement of these guidelines is at our discretion.
Disclaimers, Limitations of Liability and Indemnification
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL VOXHUMANS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur we in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms. Your only remedy for dissatisfaction with the Service is to stop using the Service.
Copyright Infringement
If you believe in good faith that information contained on the Service infringes your copyright, please provide us with written notification as set forth below. We will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
A clear description or identification of the copyrighted work that you claim was infringed; A clear description or identification of the material you claim infringes the copyrighted work and information reasonably sufficient to allow us to locate the material on the Service (e.g., a link to the material you claim is infringing); Your contact information, preferably including an email address and telephone number; Include the following or similar statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” Include the following or similar statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” The notice must be signed by the owner or the person authorized to act on its behalf. VoxHumans designated agent to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) may be contacted at: legal@voxhumans.com or VoxHumans, Inc., Attn: Copyright Claims, PO Box 7838, Menlo Park, CA 94026. We will review and address all notices that comply with the requirements set forth above. Please do not send any correspondence unrelated to claims of copyright infringement as they will not be responded to.
PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES, WHICH MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
Controlling Law and Severability
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Santa Clara. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
Privacy Policy
These Terms must be read in conjunction with our Privacy Policy, and the Privacy Policy is incorporated herein. We value your privacy and the privacy of all our users. Please review our Privacy Policy for information on how we collect or do not collect, use, and protect your personally identifiable information.
Complete Agreement
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous understandings regarding the same. No amendment to or modification of these Terms will be binding unless in writing and signed by us.
Questions and Comments
We welcome your comments, questions and concerns. Please send any feedback to feedback@voxhumans.com .
Last Revised: February 24, 2015