Acceptable Use Policy

What's in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our platform https://premium.voicy.network/ (our “Platform”) make contact with other users on our Platform, link to our Platform, or interact with our Platform in any other way. 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, 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

Our website Terms and Conditions also apply to your use of our Platform.

We may make changes to the terms of this policy

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.

Prohibited uses

You may not use our Platform:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• In any way that involves child sexual exploitation or abuse.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our terms of website use Terms and Conditions.
• Not to access without authority, interfere with, damage or disrupt:
1. any part of our Platform;
2. any equipment or network on which our Platform is stored;
3. any software used in the provision of our Platform; or
4. any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Platform, including, without limitation:

• meme and gif. creation.
• Sound clip or sound effects creation.
• Image-sharing facilities.
• Video-sharing facilities.
• Audi-visual content sharing facilities.
• Chat rooms.
• Bulletin boards.
• Sound boards.
• Integration with other third party platforms and/or websites, including without limitation other social media messaging services (or similar) via APIs.

(“Interactive Services”)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content standards

These content standards apply to any and all material which you contribute to our Platform (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Voicy will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the applicable law in the country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Voicy if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

For the avoidance of doubt, for any Contribution in the form of visual content and/or audio-visual content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material.
• You must not upload a video containing advertising for any of the following:
1. cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
2. for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a video you upload must not:
1. prejudice respect for human dignity;
2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
3. encourage behaviour prejudicial to health or safety;
4. encourage behaviour grossly prejudicial to the protection of the environment;
5. cause physical, mental or moral detriment to persons under the age of 18;
6. directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
7. directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
8. exploit the trust of such persons in parents, teachers or others; or
9. unreasonably show such persons in dangerous situations.
• You must use the functionality provided on our Platform to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Using third party content on our Platform

Please ensure that you have the appropriate permissions and consents before you use and/or upload content which contains third party material on our Platform.

Other third parties may have certain intellectual property rights in such third party content which grants them the exclusive right to use that content. Accordingly, it is 6 important that you understand and ensure that you are not using such third party content in a manner which infringes the rights of others.

In some cases, certain uses of third party materials may fall within certain protected exceptions/limitations to copyright. This means that that third party copyright material may be used under legal principles such as ‘fair use’ or ‘fair dealing’ within certain categories of use, such as, but not limited to, for the purposes of quotation, criticism, review caricature, parody and/or pastiche.

We do not check the content that you upload on our Platform for its legality or for whether it contains protected third party materials and under no circumstances are we advising you that your content falls under such permitted exceptions. You acknowledge and agree that it is your responsibility to satisfy yourself (by obtaining appropriate professional advice, the appropriate permissions or otherwise) that you can use third party materials in your content under the laws and/or legal principles applicable to your jurisdiction.

You acknowledge and agree that if we receive a complaint that your content allegedly infringes the rights of others, then we are obliged by law to investigate such alleged infringements and take appropriate action to remove infringing content expeditiously.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Platform.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. 7 We operate a takedown procedure for those users or third parties who wish to report any alleged breaches of this acceptable use policy Takedown Policy.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

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.