Last Updated: September 23, 2022
Welcome to the Voiijer platform. A place for people to participate, be inspired, and experience Exploration. This is a unique opportunity for Explorers to share stories that otherwise may never be seen, and to bring people closer to the places they have dreamed about.
Our mission is to connect Explorers and their stories to the world through a social media platform with tools to document and directly share Exploration stories. One way Voiijer supports that mission is to collect stories by current Explorers like you, and future Explorers alike. We are glad you are here. Please read our terms below and continue Exploring only if you agree to them.
1. Your Use of the Platform
The Platform is offered and available to users who are 13 years of age or older and reside in a geographic area not restricted by Section 11 below. If you are under the age of 18, you may only access or use the Platform with the consent of your parent or legal guardian. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company or that your parent has consented and agreed on your behalf, and that you meet all of the other eligibility requirements. If you do not meet all of the eligibility requirements, you must not access or use the Platform.
Accessing the Platform and Account Security
We reserve the right to terminate or amend the Platform, and any service or material available on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to some or all users.
You are responsible for both:
- Making all arrangements necessary for your ability to access to the Platform.
If you choose, or are provided with, a 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 and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
2. Our Content
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Our Materials”) are owned by us, our licensors, or other providers of such material and are protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Materials, except as follows:
- Your hardware may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your browser for display enhancement purposes.
- You may download any Video Montage (as defined in Section 3) from the Platform for your own personal, non-commercial use so long as you do not delete or alter the Video Montage or any copyright, trademark, or other proprietary rights notices from any such Video Montage.
- To the extent you own such material and are not otherwise precluded from using such material by contract or other operation of law, you may use such material.
You must not:
- Modify or screenshot materials on or from the Platform.
- Use any illustrations, photographs, video or audio sequences, graphics or any other content on the Platform separately from the accompanying text or any other accompanying content as determined by the Platform’s then-current intended functionality.
- Delete or alter any copyright, trademark, or other proprietary rights notices from any materials on or from this site.
- Create any User Contribution (as defined in Section 3) that is false, misleading, or intended to be a hoax.
If you wish to make any use of Our Materials other than what is expressly permitted by this section, please address your request to: email@example.com
The Company name, the Company logo, the terms Voiij, Voiijs, Voiijer, Voiijing, and all related names, logos, product and service names, designs, and slogans are trademarks or otherwise the property of the Company or its affiliates or licensors. You must not use such marks without our prior express written consent. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
3. Your Content
The Platform may contain personal pages or profiles, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, comment, direct message, submit, publish, display, or transmit to other Platform users or other persons (hereinafter, “post”) profile information, other content, and/or other materials (collectively, “User Contributions”) on or through the Platform.
- We can store, display, modify, share, allow others to share, and otherwise use your User Contributions for all purposes relevant to the operation and improvement of the Platform by us and the Platform’s users, and for all purposes relevant to developing new technologies and services.
- We can use your username, profile picture, and information about your actions and relationships with ads and sponsored or commercial content. For example, we may show your friends that you are interested in an advertised event or have liked an account created by a brand that has paid us to display its ads on the Platform. We will only show ads and content like this to people who have your permission to see the actions you take on the Platform.
- We can, but do not have to, use your User Contributions to create a cover video montage for your profile and/or some or all of your User Contributions (each a “Video Montage”). We can watermark a Video Montage with the word “Voiijer,” our logo, and/or other indicia of Voiijer. We can, but do not have to, attribute any Video Montage incorporating your User Contributions to you. We can use each Video Montage in all of the same ways we can use your User Contributions.
- We can use your User Contributions to generate revenues, increase goodwill, or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and non-personally identifying usage data, and unless expressly permitted by us in a separate, dually signed agreement you enter into with us, you will have no right to share in any such revenue, goodwill, or value whatsoever.
- We can use your User Contributions for our own advertising, marketing and promotional purposes on the Platform or any third-party platform now known or later developed without any notice or compensation to you or further permission from you.
- We can remove metadata associated with your User Contributions, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Contributions.
- You can deactivate or delete your account at any time.
By providing any User Contribution on the Platform, you also authorize other Platform users and other third parties to view, access, reproduce, modify, adapt, make derivative works of, perform, display, distribute, and otherwise use such material on the Platform or any other platform now known or later developed. For example, you authorize other Platform users to reproduce and share any Video Montage incorporating your User Contributions on TikTok, Facebook, Twitter, SnapChat and Instagram, and more generally any social network, messaging Platform, site, or other location that may be interfaced with the Platform.
You represent and warrant that:
- None of your User Contributions infringe on the intellectual property, privacy, publicity, or other rights of any third party.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
4. Community Guidelines
These community guidelines apply to any and all User Contributions and use of the Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
- Be likely to deceive or mislead any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, place, or thing, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising that does not comply with all applicable laws, rules, regulations, guidelines and reasonable expectations of other users of the Platform.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
5. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using an email address, username, or other data associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
We do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, in Section 4, Community Guidelines.
6. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE RELEASED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY THE RELEASED PARTIES AND/OR LAW ENFORCEMENT AUTHORITIES.
7. Copyright Infringement; Notice and Takedown Policy
Voiijer respects the intellectual property rights of others and will respond expeditiously to claims of copyright infringement on the Platform if submitted to Voiijer’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Voiijer will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
- To make a claim relating to copyright infringement, please email Voiijer at firstname.lastname@example.org and include the following:
- 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 at that site.
- 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.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
- A statement that the following statements are true and that you agree to them:
- You are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You have 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.
- The information in your notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature.
To make a claim relating to other infringement, or statutory or contractual violation, please email Voiijer at email@example.com and include the following:
- Identification of the allegedly infringing or violating content.
- Identification of the reasons for your claim.
- Your address, telephone number, and email address.
8. Reliance on Information Posted and Changes to the Platform
The information presented on or through the Platform is made available solely for general information purposes. You may attempt to independently verify such information if you so choose. We do not warrant the accuracy, completeness, or usefulness of this information. We do not verify User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including but not limited to materials provided by other users. All statements and/or opinions expressed in such materials, and all content other than the content provided directly by us, are the opinions and the responsibility solely of the person or entity providing those materials. Such materials do not necessarily reflect the opinion or values of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date at any time. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
9. Links to the Platform
To the extent provided for by us in the Platform, you may share link backs to the Platform provided you do so in a way that is fair, legal, not misleading, and does not damage our reputation or take advantage of it. In addition, you must not establish any link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.
The Platform may provide certain features that enable you to:
- Link from your own or certain third-party sites, Platforms, or other locations to certain content on the Platform.
- Send messages or other communications with certain content, or links to certain content, on the Platform.
- Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party sites, Platforms, or other locations.
- Establish a link from any site, Platform, or other location that is not rightfully owned or operated by you.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any linking functionality at any time without notice in our discretion.
10. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, Platforms, or other locations linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites, Platforms, or other locations.
11. Geographic Restrictions
The owner of the Platform is a Delaware corporation, based in the United States. The Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. We do not authorize the use of the Platform or the downloading or exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States Export Control laws. You may not access or use the Platform or any portion thereof in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Platform, you represent and warrant that your access to and use of the services, content or software will comply with those requirements. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, OTHER HARDWARE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM OR WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER PLATFORMLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES (AS DEFINED IN SECTION 6) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN ONE HUNDRED US DOLLARS ($100 US).
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER PLATFORMLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Released Parties (as defined in Section 6) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, your User Contributions, any use you make of the Platform’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Platform.
15. Governing Law and Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Arbitration Agreement and Class Action Waiver
Any resolution of any claim shall take place on an individual basis without resort to any form of collective, class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. You acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. THE PARTIES ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED OR PURSUED IN ANY COURT ACTION.
17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Feedback. Any ideas, suggestions, and feedback about us or the Platform that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation, consideration or other obligation to you.
To give us notice of copyright infringement or violation of other rights, please see our Notice and Takedown Policy in Section 7 for instructions.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: firstname.lastname@example.org.