Terms of Service

1. Your Acceptance

When using, or visiting Vocoly.com or any of our products, software or other services (collectively hereinafter referred as the “Service”) you signify your agreement to these Terms and Conditions. Although we will always attempt to notify you when major changes are made to these Terms of Service, you urge you to periodically review the most up-to-date version on Vocoly.com. Vocoly may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not agree to any of these terms, our ethics, or other guidelines, please do not use the Service.

2. Description of the service

These Terms of Service apply to all users of the Service, both users who are contributors of Content on the Service as well as users who solely views content created by another user. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Vocoly, including but not limited to all products, software and services offered via the the Vocoly website. If the Service contain links to third party websites that are not owned or controlled by Vocoly, Vocoly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Vocoly will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Vocoly from any and all liability arising from your use of any third-party website. At this stage the Service is at a beta stage and therefor will not be fully available and will not be provided at the same level of stability as of the final version.

3. Unlawful use of the service

As a user of Vocoly, you agree that your use of the Service and the Software must comply with all applicable local, state, national, and international laws, and that you will not use the Service and/or the Software for any illegal purpose.

4. Vocoly Accounts

In order to access the features of the Service, you will have to create an Account. To create an account you have to register by selecting a unique user identification ("User ID") and password, and providing certain information about yourself. In registering as a user, you agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If you provide any information that Vocoly believes to be inaccurate, not current, or incomplete, or if you select a User ID that Vocoly, in its sole discretion, finds offensive or inappropriate, Vocoly has the right to suspend or terminate your account and refuse any and all current or future use of the Service. As a user, you agree to (a) keep your password confidential and to only log in with your User ID and password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify Vocoly of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. You may never use another's account without permission. Vocoly will not be liable for any loss or damage arising from your failure to comply with this Section.

5. General use of the service

As a user you are granted yo use this Service as long as you follow our per missions and restrictions. Vocoly hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
  1. You agree not to distribute in any medium any part of the Service or the Content without Vocoly's prior written authorization, unless Vocoly makes available the means for such distribution through functionality offered by the Service.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than the video playback functionality of the Service itself, or other explicitly authorized means Vocoly may designate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain Vocoly's prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Vocoly appears on the same page and is of sufficient value to be the basis for such sales.
  5. You agree that all commercial uses is Prohibited and that you will only access the Service as a private individual.
  6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Vocoly servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vocoly grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vocoly reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  7. In your use of the Service, you will comply with all applicable laws.
  8. Vocoly reserves the right to discontinue any aspect of the Service at any time.

6. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Vocoly, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you “as is”. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Vocoly on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Vocoly or the respective licensors of the Content. Vocoly and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Vocoly is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vocoly with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Vocoly, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

7. Your Content and Conduct

  1. As a Vocoly account holder you may submit Content to the Service, including videos and user comments. You understand that Vocoly does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Vocoly all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for distribution on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Vocoly, you hereby grant Vocoly a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Vocoly's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof). The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Vocoly may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Vocoly all of the license rights granted herein.
  5. You further agree that you will not submit to the Service any Content or other material that is contrary to the Vocoly Ethical Guidelines, currently found at the website, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. Vocoly does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Vocoly expressly disclaims any and all liability in connection with Content. Vocoly does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Vocoly will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Vocoly reserves the right to remove Content without prior notice.

8. Account termination

You agree that Vocoly may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your Account as a user who has created content, as well as a receiver of content, and remove or discard from the Service any and/or Content associated with your Account. Vocoly reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Vocoly may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user's account for submitting such material in violation of these Terms. Vocoly may also in its sole discretion and at any time, discontinue providing this Site, the Software and/or the Service, or any part thereof, with or without notice.

9. Warranty disclaimer

As a user you agree that your use of the service shall be at your sole risk. The use of the service, the website and software, are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Vocoly its officers, directors, employees and agents expressly disclaim all warranties, express or implied, in connection with the site, the service, the software and your use thereof. Vocoly makes no warranties or representations about the accuracy or completeness of the content on this website and assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this service, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruptions or cessation of transmission to or from our service, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our service by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Vocoly does not warrant, endorse, guarantee, or assume responsibility for any service or hyperlinked service between you and a third party.

10. Limitations of liability

As a user you understand and agree that Vocoly shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profit, goodwill, use, data or other intangible losses, resulting from or relation to the site and/or the service and/or the software and/or the content, whether based on warranty, contract, tort or any other legal theory.

11. Exclusions and limitations

Some jurisdictions do not allow the Exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In the event the foregoing limitations of liability shall for any reason held unenforceable or inapplicable, you agree that Vocoly’s aggregate liability shall not exceed the amount of 100 USD.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vocoly, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

13. Ability to accept terms of the service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Vocoly Site is not intended for children under 13. If you are under 13 years of age, then please do not use Vocoly without the guidance of a parent or guardian - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

14. Governing Law

The Site is controlled and offered by Vocoly from its facilities in Sweden. Vocoly makes no representations that the Vocoly Site is appropriate or available for use in other locations. Those who access or use the Vocoly Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. The terms and the relationship between you and Vocoly shall be exclusively governed by and construed in all respects under the laws of Sweden without giving effect to any choice-of-law or conflict-of-laws provisions. You agree that: (i) the Vocoly Site shall be deemed solely based in Sweden; and (ii) the Vocoly Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Vocoly, either specific or general, in jurisdictions other than Sweden. You and Vocoly further agree to submit to the personal jurisdiction of the courts located in Sweden, for any and all legal claims, suits or actions that arise in connection with this Service, Site or from a dispute as to the interpretation or breach of the Terms.

15. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vocoly without restriction.

16. General

As stated above, uou agree that: (i) the Service shall be deemed solely based in Sweden; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Vocoly, either specific or general, in jurisdictions other than Sweden. These Terms of Service shall be governed by the internal substantive laws of the Sweden, without respect to its conflict of laws principles. Any claim or dispute between you and Vocoly that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Sweden. These Terms of Service, and any other legal notices published by Vocoly on the Service, shall constitute the entire agreement between you and Vocoly concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Vocoly's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Vocoly reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VOCOLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.