Thanks for using VoyceMe. VoyceMe operates and maintains an online literature platform which provides online reading services, literature content generation services, comics content distribution services, and collaborations between creators, and consumers. We want to create a home for all creative content creators!
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by VoyceMe Inc. (“VoyceMe” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
4. User content
4.1 User Content: You understand and agree that the VoyceMe Website and VoyceMe App are owned by the Company. The User Content provided on the Service is owned by the Company or licensed by the copyright owner to the Company. The VoyceMe Website, VoyceMe App, and User Content are protected by the copyright laws of relevant countries, as well as other intellectual property laws and treaties. The Company does not transfer any title, right or interest to or in the VoyceMe Website, VoyceMe App and/or User Content to you.
a. you give VoyceMe permission to send you emails regarding VoyceMe stories. We will send emails only to inform you of updates for stories, show you more stories, and send newsletters regarding new content, VoyceMe news, and platform updates.
4.2 User Content: Certain features of the Service may permit users to upload content to the Service, including original literary works (such as fictions, short stories, essays, etc.), suggestions, messages, comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
4.3 Limited License Grant to VoyceMe: By posting or publishing User Content, you grant VoyceMe a worldwide and non-exclusive right and license (with the right to sublicense to VoyceMe affiliates solely in connection with their provision of the Services) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify (which is made solely for the purpose of formatting for display), and distribute your User Content, in whole or in part, in any media formats only through our Services. VoyceMe needs this license because you own your content with VoyceMe and VoyceMe therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission.
4.4 Content Warriety: You are solely responsible for any User Content that you post or publish on the Service, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize VoyceMe and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by VoyceMe, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) any other VoyceMe policies or guidelines to which your User Content is subject; (iv) cause VoyceMe to violate any law or regulation.
4.5 User Content Limitation: Unless otherwise stated in writing by the Company, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense the User Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the User Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the User Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the User Content, or any portion thereof, onto any physical VoyceMe, memory or device including but not limited to CDs, DVDs, computers or other hardware, or any other VoyceMe now known or hereafter devised.
4.6 User Content Disclaimer: We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. VoyceMe may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. VoyceMe does not endorse any User Content or any opinion, recommendation, or advice expressed in any User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against VoyceMe with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, VoyceMe does not permit copyright-infringing activities on the Service.
We do not knowingly collect personal information from users under the age of 13 without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 13 may have provided personal information without their consent should contact us at Customer Care. In such a case, we will take necessary actions to delete the personal information of users under the age of 13.
6 Content Guidelines
Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
6.1 Abusive or Hateful Content
Malicious or abusive content or comment toward creators or other users is not allowed. This includes revealing an individual’s personal information (e.g. real name, contact information, address, social security numbers etc.).
Hateful content or comment that promotes or encourages violence, or has the primary purpose of inciting hate towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc. is not allowed.
6.2 Copyright: Posting, distributing or transmitting any third party’s copyrighted content without the copyright holder’s consent is not allowed. Examples of prohibited content include:
• Posting, distributing or transmitting any third party’s copyrighted content without the copyright holder’s consent
• Using a creative work commercially without proper permission
• Copying or linking materials from another website or service without permission
• Providing free downloads of copyrighted CDs, sharing serial numbers or CD keys, or selling backup CDs of copyrighted material
• Infringing any third party’s intellectual property right including, without limitation, copyright, trademark, design rights, patent rights, etc.
6.3 Mature or Sexual Content: Content that contains nudity or intended to be sexually gratifying is not allowed. This includes, but is not limited to, full and partial nudity, as well as graphic depictions of sexual acts.
The ‘Mature Content Warning’ feature should be used to identify mature themes and content, including topics of sexuality. However, please note that utilizing the ‘Mature Content Warning’ feature does not mean that nudity or explicit sexual content is allowed on the platform.
6.4 Violent or Graphic Content: We do not allow graphic depictions of gratuitous violence, or content that promote acts of violence. If heavy violence is used, please give readers a warning. Examples of prohibited content include:
• Glorification or promotion of self-harm
6.5 Spam or Advertising: Posting unsolicited or unwanted content or links is not allowed. This includes creating profiles or uploading content with the primary purpose to drive traffic to external websites. Using automated means to increase view counts or perform social interactions, or creating multiple accounts to increase view counts or perform social interactions will result in account suspension or removal. Linked websites are not under our control, and we are not responsible for their content.
6.6 Duplicate Content:
We do not allow posting duplicate content, whether from a single account or across multiple accounts, either publicly or as an unlisted story.
6.7 Terms Infringers: VoyceMe will promptly terminate without notice the accounts of users that are determined by VoyceMe to be “Terms Infringers.” A Terms Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice. We strive to be fair, but we reserve the right to suspend accounts or remove content, without notice, for any reason, particularly to protect our services, infrastructure, users, or community. If you attempt to evade suspension by creating new accounts or posts, we will suspend your new accounts and posts.
7. Ownership and Proprietary Rights
The Service is owned and operated by the Company, and User Content is licensed by the copyright owner to the Company. User Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the United States of America relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All User Content and the Service, including intellectual property rights herein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use User Content except as expressly authorized by this Agreement. The Company reserves all rights not expressly granted in this Agreement.
8. Payment Terms
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.
8.1 Pricing: VoyceMe reserves the right to determine pricing for the Service. VoyceMe will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. VoyceMe may change the fees for any feature of the Service, including additional fees or charges, if VoyceMe gives you advance notice of changes before they apply. VoyceMe, at its sole discretion, may make promotional offers with different features and different pricing to any of VoyceMe’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
8.2 Authorization: Authorization. VoyceMe will charge the payment method you specify at the time of purchase. You authorize VoyceMe to charge to that payment method all sums for orders that you make and any level of Service you select as described in these Terms or published by the Company. If you pay any fees with a credit card, VoyceMe may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made.
8.3 Subscriptions and Auto-Renewals: The Service may allow you to subscribe to a plan (“Subscription Plan”) for which you will be periodically billed the amounts indicated to you at the time of your subscription, as may be updated from time to time by VoyceMe, on a forward-going basis, upon notice to you (the “Subscription Fee”). When you subscribe to a Subscription Plan, the Subscription Plan will be billed on a periodic basis. You hereby authorize VoyceMe to charge you on a going-forward basis and until cancellation of either the Subscription Plan or your account. The “Subscription Billing Date” is the day of the month when you sign up to your Subscription Plan. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period.
BY PURCHASING A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS UNLESS YOU CANCEL YOUR SUBSCRIPTION OR ACCOUNT AS FURTHER DESCRIBED BELOW.
B) Refunds; Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL EXPIRE AT THE END OF THAT SUBSCRIPTION PERIOD (AND UPON WHICH EXPIRATION YOUR SUBSCRIPTION WILL NO LONGER BE RENEWED OR CHARGED). You must cancel your Subscription Plan before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information)
8.4 Unpaid accounts: VoyceMe may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
9. Suspension of Access
We may modify, suspend, or discontinue access to certain User Content in the event of a rights issue or other business or legal issue.
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or User Content, and the Company reserves the right to immediately revoke your access to the Service and/or User Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
11. Disclaimer of Warranties
VoyceMe aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, VoyceMe doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from VoyceMe or through the Services will create any warranty or representation not expressly made in this paragraph. VoyceMe may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.
12. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE VoyceMe WEBSITE, VoyceMe APP AND/OR User CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE VoyceMe WEBSITE, VoyceMe APP AND/OR User CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE VoyceMe WEBSITE, VoyceMe APP AND/OR User CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF COINS IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE COINS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Postings, your violation of this Agreement, or your violation of any applicable law or regulation.
14. Geographic Restrictions and Governing Law; Disputes:
We provide the Services for use by persons located in the United States. We make no claims that the VoyceMe Website or VoyceMe App, or any of the Service is accessible or appropriate outside of the United States. Access to the VoyceMe Website or VoyceMe Services may not be legal by certain persons or in certain countries. If you access the VoyceMe Website or VoyceMe App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree that all matters relating to the VoyceMe Website, VoyceMe App, and the Agreement, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Agreement shall be instituted exclusively In the federal courts of the United States or the courts of the State of New York, in each case located In the City New York City although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
15. Arbitration and Class Action Waiver
We want to address your concerns without needing a formal legal case. Before filing a claim against VoyceMe, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at email@example.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (60) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with VoyceMe and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and VoyceMe agree that any dispute arising out of or related to these Terms or our Services is personal to you and VoyceMe and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or VoyceMe seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or VoyceMe seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and VoyceMe waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section a “consumer” means a person using the Services for personal, family or household purposes. You and VoyceMe agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and VoyceMe agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration 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.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, VoyceMe, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and VoyceMe agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $750 if you are a consumer), and VoyceMe will pay the remaining JAMS fees and costs. For any arbitration initiated by VoyceMe, VoyceMe will pay all JAMS fees and costs. You and VoyceMe agree that the state or federal courts of the State of New York and the United States sitting in New York City, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and VoyceMe will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law and Venue.”
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
16. Complete Agreement and Severability
The Agreement is the entire agreement between you and the Company regarding the Service and/or User Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
17. Contact Information
For help with the Service and/or User Content, please contact Customer Service at email@example.com