Terms & Conditions

What's in these terms?

These terms tell you the rules for using our website https://premium.voicy.network/ (our “Platform”). For clarity the term ‘Platform’ also applies to any mobile application owned or operated by us in connection with premium.voicy.network.

Who we are and how to contact us

https://premium.voicy.network/ is a site operated by Voicy B.V. ("we"; “us” “our; “Voicy”). We are a company registered in the Netherlands and have our registered office located at Aert van Nesstraat 45, Zuid-Holland, Rotterdam 3012CA. Our VAT number is NL862967788B01.

We are a user-generated content creation platform which empowers its users to discover, create and share sound clips and sound effects online. Our aim is to revolutionize communication within messaging, social video, streaming and gaming by galvanising new media and providing you with the tools to make it easier, faster, more expressive and fun to create content that you can share with others.

To contact us, please email info@voicy.network.

By using our Platform you accept these terms

By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Platform.

We recommend that you print a copy of these terms for future reference.

You must be at least 13 years old in order to use our Platform (unless an alternative minimum age is expressly specified for the particular Game or website). If you are under the age of 18, you must have your parent or legal guardian's consent to use the Platform website and your parent or legal guardian must agree to these terms and conditions.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Platform:

• Our Privacy Policy.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.
• Our Takedown Policy which relates to any third party complaints concerning content published on our Platform.

How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We may also publish our own content on our Platform (“Voicy Content”) from time to time and we reserve all our rights in such Voicy Content too or, as applicable, those rights of our licensors.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or from our licensors.

User-generated content is not approved by us

This Platform may include information and materials created and/or uploaded by other users of the Platform, including without limitation images, graphics, sound clips, videos, audio-visual materials, text and/or links to social media pages, video-sharing websites, bulletin boards and/or chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

We are not responsible for user-generated content on our Platform. We may moderate or otherwise check such content in some cases, but we are not required to do so. PLEASE NOTE: A condition of users using our Platform is that all users must ensure that the content created by them and uploaded to our Platform complies with our Acceptable Use Policy.

In relation to user-generated content accessible on our Platform, we are acting solely as a mere conduit for the transmission, storage and retrieval of such content. In other words, we may not review content for its legality, tastefulness or its compliance with these terms.

We may rely upon a reporting system whereby users and third parties alike can report user-generated content to us, such as because it is illegal content, it allegedly breaches their intellectual property rights or because it breaches any other of these terms and conditions. A reporting mechanism may be made available for these purposes on our Platform through reporting functionalities built into the Platform, but you can also let us know by contacting us info@voicy.network.

We will do our best to deal with any complaints as expeditiously as possible, provided always that you give us all the necessary information or like evidence so that we can properly investigate a complaint and take the appropriate steps to address it accordingly.

For the avoidance of doubt, we make no warranty or representations in relation to any user-generated materials, information, including without limitation, any text, graphics, videos, images, sound clips, sound boards, videos and/or any links, accessed through the Platform. All user-generated content available or accessible on the Platform is available ‘as is’ ‘with all faults’ or ‘as available’ with no warranties of any kind being implied in relation to such content. Voicy disclaims, to the fullest extent permitted by law, all express, implied and/or statutory warranties, including without limitation, any warranties of merchantability, fitness for purposes, freedom from computer virus, title, and non-infringement of proprietary rights.

Uploading content to our Platform

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Platform will be considered non-confidential and non- proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact info@voicy.network.

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

Rights you are giving us to use material you upload

When you upload or post content to our Platform, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the services provided by the Platform or any mobile application owned or operated by us, across any and all different media (or mediums) now know or hereafter devised including to promote the Platform or any mobile application owned and/or operated by us and the service offerings provided by them, and in each case such rights in perpetuity.
• a waiver in relation to any so-called moral rights (or equivalent rights) you have or may have in the content in any and all territories. If no waiver is permissible by operation of law or otherwise, then you agree not to enforce such rights against us in relation to how your content is used on or outside of the Platform.

When you upload or post any content to our Platform you warrant and represent that you have the ability to grant us the above rights.

You also acknowledge and agree that we have no control for how others may use or otherwise disseminate your content on the internet generally. As such we accept no liability on behalf of any such third party use of your content. If you wish to report content on our Platform, please use the reporting functionalities built into our Platform or otherwise please contact info@voicy.network and one of our moderators will do their best to address any issues.

Subscriptions to Voicy Premium (and your licence terms with us)

What is Voicy Premium and who is it for? Voicy Premium is our paid subscription service which grants subscribers special access to our catalogue of carefully curated sound recordings and clips (“VP Content”).

The VP Content is made available under licence for content creators, or anyone, who wish to harness the power of sound clips to download and use in their content to make it more interesting and fun.

Eligibility and Approval. You may browse our Platform without registering or subscribing but in doing so you accept and agree that certain areas of our Platform will not be available to you unless you register or subscribe with the Platform. You may be asked if you wish to register each time you try to access any part of the Platform that requires registration. To subscribe to the Platform you may be asked to provide certain information about yourself; this is more particularly set out below.

We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to our Platform. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or membership of the Voicy Premium service via our Platform.

When you register or subscribe with the Platform you will be required to create an account (“Your Account”). This account is unique to you, and we will only accept one account per registrant or subscriber. The type of subscription tier that you have subscribed to will determine the scope of your licence to VP Content and how that VP Content can be used by you. By creating Your Account, you acknowledge and agree that these terms and conditions apply to you.

You are expressly forbidden from sharing your username and password to Your Account with third parties. If your account has been compromised (as notified by you) or if we have reason to believe that that you are sharing your account details with third parties, we reserve the right, at our absolute discretion, to (i) disable Your Account until further notice to you; (ii) retroactively assess and issue additional subscription fees payable by you in connection with the services offered/ accessed by you outside the scope of our agreed licence, in each instance, on our then current per-user pricing.

How to purchase subscriptions to Voicy Premium and access VP Content.

Obligations. If you wish to subscribe to Voicy Premium and access VP Content, you must go to our Premium Platform (https://premium.voicy.network/) and register and subscribe using our online registration or subscription process.

In becoming a subscriber to Voicy Premium, you agree to provide, amongst other information requested, and maintain:

• an email address and your name;
• details of your social or web pages on which you wish to exploit the VP Content;
• a true, accurate, current, and complete information about yourself as prompted by our Platform’s registration process; and
• updated that information to keep it true, accurate, current, and complete.

In addition, but in accordance with these Terms and our privacy policy, we may use this email address for such purposes as are set out within our privacy policy (and where appropriate subject to your prior consent), including without limitation to contact you with information about our Platform, your subscription, the VP Content you may receive and/or any purchases you have made.

You will also receive an account upon completing your subscription to Voicy Premium membership registration process. You are responsible for maintaining the confidentiality of your email address, password and your account and are fully responsible for all activities that occur under your email address, password, or account. You agree to:

• immediately notify us of any unauthorised use of your email address, password or account or any other breach of security; and
• ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

Becoming a Voicy Premium member. Upon subscribing to Voicy Premium via our Platform’s dedicated Voicy Premium page, you may then have to provide certain further information (for example, details of your bank account) and you will then be required to pay the applicable subscription fee, depending on your subscription tier; the applicable subscription fee will be set out on ‘Voicy Premium’ subscription page and is subject to amendment from time to time.

We have two types of subscription plans to Voicy Premium:

• Creator Subscription Plan. This plan provides, during the term of your licence:
  • Access to our VP Content library;
  • Unlimited downloads in relation to VP Content;
  • Ability to monetise VP Content for up to one (1x) channel per social media platform or webpage.
• Professional Creator Subscription Plan. This plan provides, during the term of your licence:
  • Access to our VP Content library;
  • Unlimited downloads in relation to VP Content;
  • Ability to monetise VP Content for up to three (3x) channels per social media platform or webpage.
  • Ability to use VP Content in digital advertisements and branded integrations for your clients and business purposes.

The applicable monthly subscription fee for the Voicy Premium subscription and level access to VP Content will depend on the subscription plan of your choice.

Scope of your Voicy Premium Licence and how you can use VP Content.

Term and Termination. You shall only have access to, and the ability to use VP Content (subject always to your subscription plan) whilst your Voicy Premium subscription plan is live (“VP Licence Term”).

When you cancel your Voicy Premium subscription, you shall lose access to the VP Content library and you shall not be permitted to make any further use of our VP Content.

Obligations. Any and all use of our VP Content is subject to our Acceptable Use Policy. We reserve the right to terminate Your Account if we suspect, in our sole discretion, that your use of the VP Content is in breach of our Acceptable Use Policy. In such circumstances, we shall not be liable to refund you any of subscription fees you have paid to us.

Scope of use of VP Content.

In return for your subscription fees, we grant you a licence, for the duration of the VP Licence term, the non-exclusive worldwide right to use the VP Content as follows:

• Download, reproduce, exhibit, publish, broadcast or communicate to the public the VP Content on digital only platforms (meaning third party social media pages and channels and social messaging services which you have an account with); the amount of pages and/or channels you can use the VP Content on will depend on your chosen Voicy Premium subscription plan;
• Synchronise the VP Content (in whole or in part) with your other content (i.e., as a soundtrack, sample or as a sound effect);
• Cut, loop, fade and/or combine the VP Content in relation with other content produced by you, but you may not otherwise edit, alter, or change the VP Content, including but not limited to altering the fundamental character of the CP Content and/or create any new works based on the VP Content (i.e., re-recording the VP Content).
• Sub-licence the VP Content to other social media platforms and/or messaging services on a non-commercial basis (subject to your monetisation rights set out below).
• Commercially sub-licence the VP Content to brands – PLEASE NOTE: This right is only available for Voicy Premium Professional Creator Subscription plan and limited to digital advertisements and branded integrations only.
• Monetise your content containing any VP Content. For the avoidance of doubt, monetisation refers to any platform derived advertising income such as but not limited to YouTube AdSense. It does not include third party brand integrations, unless you are a Professional Creator Subscription Plan holder. You are not allowed to use the VP Content for any other commercial purposes otherwise not set out in these Terms unless we have expressly given our prior written consent for such use.

You acknowledge and agree that you shall not, under any circumstances:

• Re-package or otherwise re-sell and/or distribute the VP Content in a commercial capacity except as permitted by the Professional Creator Subscription Plan;
• Edit the VP Content except as permitted within the scope of your licence;
• Use the VP Content for any feature films and TV shows or TV ads, including documentaries, news, sports broadcasts or cartoons or other children shows unless permitted by us. The VP Content is to be used strictly for digital only social and messaging platforms;
• Use the VP Content for the purpose of any trade mark applications or to be used in any way in a trade mark sense, meaning that the VP Content may not be used as an indicator of origin for any goods and services (e.g., theme songs).
• Use the VP Content for any blockchain, crypto, or NFT purposes.

If you have any questions or concerns about how you can use the VP Content, please contact us at info@voicy.network and we will be happy to help you.

Distributing your content with VP Content. The scope of your licence to use and exploit the VP Content shall be limited by the terms of your chosen subscription plan.

You will be able to use the VP Content on digital only channels, specifically social media platforms and social messaging services. Such use may be online only. You are not allowed to make any commercial use of the VP Content offline.

When creating Your Account with Voicy Premium, you will be required to share details about which of your social media channels and/or pages you wish to distribute the VP Content. We use fingerprinting technology to identify, track and monitor the use of our VP Content and we reserve the right to take appropriate enforcement action where we suspect (in our sole discretion) that the VP Content is being used outside the scope of the permitted VP Content licence.

Credits. Where reasonably practicable, you agree to credit Voicy in connection with the content that you distribute using or otherwise containing VP Content, with the following credit: sounds effects, courtesy of “premium.voicy.nework”. The above credit will, if possible, be displayed as a hyperlink to “premium.voicy.nework”.

Platform limitations and clearing. You acknowledge and agree that various platforms will have their own terms and conditions that apply from time to time in connection with their own platform. We make no representation or warranty in relation to the suitability of the VP Content on such platforms and you acknowledge and agree that your are solely responsible for complying with such terms and conditions, including without limitation clearing any other third party rights that you have or may include in your content. Voicy accepts no liability in connection with your non-compliance with such third party terms and conditions.

Unlicensed and non-cleared use. We reserves the right to fully monetize unlicensed use of the VP Content on YouTube and/or other platforms. Should your content be demonetised by Voicy on the grounds of unlicensed use of VP content, you can contact us and we will discontinue any demonetisation of your content and/or channel (including without limitation withdrawing any copyright strikes) on the provision by you of a valid purchase receipt of the Voicy Premium licence and evidence of the applicable licence terms.

Fees & Payment. In return for payment of the applicable monthly subscription fee for the ‘Creator Subscription Plan’ or ‘Professional Creator Subscription Plan’, you will receive access to the VP Content library and can use such VP Content in accordance with the scope of your licence as set out in these Terms.

Refunds of the subscription fee. You agree that your subscription fees shall not be refundable to you under any circumstances other than as specifically set out in these Terms and/or unless we are in breach of our obligations to you in respect of our Voicy Premium service (as set out in these Terms) and we have not remedied that breach within 28 days of receiving notice from you of our breach.

You can pay for your subscription either on:

• monthly basis. This will be a recurring plan and you will be billed monthly until your plan expires or terminates.
• Yearly basis. This will be a recurring plan and you will be billed every 12 months until your plan expires or terminates.

All payments can be made by debit or credit card or as otherwise expressly allowed on the Platform. By making any payment on our Platform, you represent and warrant either that:

• you are at least 18 years of age; or
• that any payment made on your behalf is done so with the express consent of a parent or guardian. If you are a parent or guardian of someone under the age of 18 who is making payment on our Platform, you agree to these Terms and our privacy policy and that you shall be responsible for the conduct and acts and/or omissions of your children in using our Platform as if these were your own.

We reserve the right at our sole discretion to offer discounted subscription fees and/or any other offers, promotions, competitions, and gift cards from time to time and any such applicable offers shall be advertised on our Platform.

All of your subscription receipts shall be emailed to you at the address you provided on your registration to the Site as proof of purchase.

If we remove all VP Content from our Platform during your period of subscription then your subscription shall be deemed to end on the date at which all such VP Content is removed or at the end of your current subscription period, whichever is the soonest, and you shall not be obliged to make any further payment in respect of your subscription in those circumstances.

Refunding your subscription fee(s). If we suspend or terminate Your Account and/or use of our Platform because:

• you are (or we believe you are) in breach of these Terms; or
• either of us becomes bankrupt, insolvent and/or has a receiver or an administrative receiver appointed over us or over any part of our undertaking or assets or passes a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, or becomes subject to an administrative order or enter into any voluntary agreement with our creditors;

you will not receive any refund of your subscription fee (and this is without prejudice to any other rights and remedies we may have in such circumstances whether under these Terms or at law generally);

If any digital content that you have purchased from our Platform and we have provided to you is incorrect or faulty, we will do our best to repair or remedy any affected content. In the case that we cannot, we can provide you with a credit note to Your Account to the same value of your purchase to redeem against other digital content on our Platform as replacement or, in our sole discretion, offer you a pro-rata refund of your subscription fees.

Changing your subscription plans. You can change your subscription plan at any time. For example, if you are on ‘Creator Subscription Plan’ plan, you can upgrade to our ‘Professional Creator Subscription Plan’ to VP Content and access the additional features associated with those plans.

Likewise, you may downgrade your subscription plan in the same way. If you are upgrading your subscription plan, you will be charged the full monthly fee in connection with the applicable subscription at the point of upgrade and you will be granted immediate access to the features applicable to that upgraded subscription plan. Going forward, you will be billed at the upgraded subscription plan fee until you cancel you or change your subscription plan. If, on the other hand, you decide to downgrade your subscription plan, you will lose access to the applicable features of your subscription at the point of downgrade and certain rights to access VP Content or use such licence features going forward will be limited to the applicable subscription plan you have downgraded to.

We do not offer pro-rata refunds in the circumstances of an upgrade or a downgrade of subscription plans because you will have had access to the applicable subscription plan and VP Content and associated licensed rights and features up until the point you have upgraded or downgraded. For this reason, we strongly recommend that if you are considering downgrading your subscription plan, you should do so toward the end of the applicable month’s billing cycle (which will vary depending on when you became a subscriber and the associated billing cycle for that subscription ) so that you can make the most out of your subscription plan during the remainder of the month that you have already paid for. If you have downgraded your subscription plan, you will be billed at the applicable downgraded subscription plan fee until you cancel you or change your subscription plan. If you have any questions regarding upgrading or downgrading your subscription plan, please contact us at info@voicy.network.

Cancelling your subscription. In order to cancel your subscription Voicy Premium, you can do so by accessing Your Account ‘settings’, select the ‘manage subscription' page and select the ‘cancel subscription ’ option. Your subscription will then automatically come to an end and we shall not take any further payment from you from thereon unless you choose to re-subscribe. Upon cancellation, any privileges and/or access to Your Account and VP Content will be immediately revoked and you will no longer be able to use your log-in details to access Your Account after you have cancelled your subscription to Voicy Premium and/or the VP Content library.

Use of VP Content after cancellation. Any use of VP Content during the VP Licence Term shall be permitted provided that you do not further use VP Content. You do not need to take down or otherwise remove any existing content published containing VP Content provided always that it was published during the VP Licence Term. You may not use the VP Content going forward after the termination or expiry of the VP Licence Term in any manner

We are not responsible for viruses on our Platform and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our Platform other than that set out above, please contact info@voicy.network.

How to complain about or report content

If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on info@voicy.network.

If you wish to complain about any other content for any other reasons, please use the reporting functions on our Platform (as available) or otherwise please contact us on info@voicy.network.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on February 22, 2023.

We may make changes to our Platform

We may update and change our Platform from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Platform

Our Platform is made available free of charge.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@voicy.network.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this Platform

The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

We are not responsible for websites we link to or for social media content integration(s)

As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account log in information through the Platform; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account log in information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third- Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS 8 ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Where our Platform contains links to other platforms, websites and/or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those platforms, websites and/or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our Platform; or
2. use of or reliance on any content displayed on our Platform.
• In particular, we will not be liable for:
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied (excluding user-generated content), damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will do our best to either repair the damage, replace the content or, if we cannot do either, then pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Important Disclaimer

THE PLATFORM AND ITS OFFERINGS ARE PROVIDED ON AN AS-IS AND AS- AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM OR THE MARKETPLACE OFFERINGS, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR 10 OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Which country's laws apply to any disputes?

These conditions are governed by and interpreted following the laws of the Netherlands. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Voicy B.V. and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Rotterdam, which means that you may make a claim to defend your consumer protection rights regarding these Conditions of Use in the Netherlands, or in the EU country in which you reside.