Terms of Use
VOICE’EM / VOICEEM TERMS OF SERVICE
Effective Date: 27 June 2026
Operator: MAKRI LLC d/b/a VOICEEM LLC, a Texas limited liability company (together with its owners, members, managers, affiliates, successors, and assigns, "VOICE’EM / VOICEEM", "we", "us", or "our").
Platform: VOICE’EM / VOICEEM — a global social media and crowd-sourced review, rating, and constructive opinion/review/feedback application available at www.VOICE’EM / VOICEEM.com and through related mobile applications (collectively, the "Platform" or the "Service").
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service (the "Terms") form a legally binding agreement between you and VOICE’EM / VOICEEM and govern your access to and use of the Platform. BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM. These Terms contain provisions that limit our liability, disclaim warranties, require resolution of disputes exclusively in the courts of the State of Texas, and WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Please review Clauses 18, 19, 20, and 21 carefully.
Contents
|
Clause |
Title |
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1 |
Definitions and Interpretation |
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2 |
Acceptance of the Terms |
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3 |
Changes to the Terms |
|
4 |
Eligibility and Age Restriction (18+) |
|
5 |
Accounts and Registration |
|
6 |
Description of the Service |
|
7 |
User-Generated Content and User Responsibility |
|
8 |
Intermediary Status and No Liability for User Content |
|
9 |
Intellectual Property and Licence |
|
10 |
Content Moderation and Removal |
|
11 |
Account Suspension, Blocking, and Termination |
|
12 |
Points, Rewards, and Revenue Sharing |
|
13 |
Location Data |
|
14 |
Information Sharing and Law Enforcement Cooperation |
|
15 |
Advertisers and Advertising |
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16 |
Prohibited Conduct and Acceptable Use |
|
17 |
DMCA Notice-and-Takedown and Copyright Policy |
|
18 |
Disclaimer of Warranties |
|
19 |
Limitation of Liability |
|
20 |
Indemnification |
|
21 |
Governing Law, Jurisdiction, Class-Action Waiver, and Jury-Trial Waiver |
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22 |
Translation Disclaimer |
|
23 |
Privacy and Data |
|
24 |
Third-Party Links and Services |
|
25 |
General Provisions |
|
26 |
Notices and Contact |
|
27 |
Subscriptions, Billing, and Cancellation |
|
28 |
Review Integrity and Disclosure |
|
29 |
Right of Publicity and Biometric Data Consent |
|
30 |
Child Sexual Abuse Material (Zero Tolerance) |
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31 |
Content Accuracy and No Reliance |
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32 |
Sanctions, Export Controls, and Territory Restrictions |
|
33 |
Global Consumer Rights and Notice-and-Action |
|
34 |
User Waiver of Defamation Claims |
|
35 |
No Liability for Moderation Errors |
|
36 |
No Guarantee of Uptime or Availability |
|
37 |
AI Moderation Disclaimer |
|
38 |
Location Pin Liability Disclaimer |
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Definitions and Interpretation
In these Terms, the following defined terms have the meanings set out below:
"Account" means a registered user account on the Platform.
"Advertiser" means any User or other person that creates, schedules, pays for, or places advertising, banners, polls, surveys, or sponsored campaigns on the Platform.
"Content" means any text, reviews, ratings, feedback, comments, opinions, complaints, suggestions, ideas, images, photographs, audio, video, links, profile-page information, location data, and any other material in any format.
"Effective Date" means 27 June 2026.
"Intellectual Property Rights" means all patents, copyrights, database rights, trademarks, trade names, service marks, design rights, moral rights, rights in confidential information, and all other intellectual property and proprietary rights, whether registered or unregistered, anywhere in the world.
"Points" means any contribution score, points, credits, or similar metrics that VOICE’EM / VOICEEM may, in its sole discretion, attribute to a User in respect of activity on the Platform.
"Privacy Policy" means VOICE’EM / VOICEEM's standalone privacy policy, as amended from time to time, which is incorporated into these Terms by reference.
"Cookies Policy" means VOICE’EM / VOICEEM's standalone cookies policy, as amended from time to time, which is incorporated into these Terms by reference.
"Refund Policy" means VOICE’EM / VOICEEM's standalone refund policy, as amended from time to time, which is incorporated into these Terms by reference.
"Profile Page" means a crowd-sourced page on the Platform relating to a person, business, product, event, work, place, or other entity.
"Rewards" means any monetary or non-monetary benefit that VOICE’EM / VOICEEM may, in its sole discretion, elect to confer on a User.
"User", "you", or "your" means any person who accesses, registers for, or uses the Platform.
"User Content" means any Content that is submitted, posted, uploaded, created, transmitted, or otherwise made available on or through the Platform by a User.
In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the words "include", "including", and "in particular" are illustrative and do not limit the generality of the preceding words; (c) the singular includes the plural and vice versa; and (d) a reference to a Clause is to a clause of these Terms.
Acceptance of the Terms
These Terms, together with the Privacy Policy and any policies, rules, or guidelines that we publish on the Platform, constitute the entire agreement between you and VOICE’EM / VOICEEM relating to the Platform.
You accept these Terms by accessing, registering for, or using the Platform. Your continued access to or use of the Platform constitutes your ongoing acceptance of these Terms. Acceptance is by use and clickwrap; no signature is required.
If you use the Platform on behalf of an organisation, you represent and warrant that you have authority to bind that organisation, and "you" refers to both you individually and that organisation.
Changes to the Terms
We may modify, update, supplement, or replace these Terms at any time and in our sole discretion. Revised Terms become effective when posted on the Platform or on the date stated in the revised Terms.
It is your responsibility to review these Terms periodically. Your continued access to or use of the Platform after any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.
Eligibility and Age Restriction (18+)
The Platform is intended solely for adults aged 18 years or older. By accessing or using the Platform, you represent and warrant that you are at least 18 years of age and have the full legal capacity and authority to enter into and comply with these Terms in your jurisdiction.
The Platform is available to Users globally. You are solely responsible for compliance with all laws, regulations, and rules applicable to you in your jurisdiction, including those governing your access to and use of the Platform.
We do not knowingly permit any person under the age of 18 to access or use the Platform. If we become aware that a User is under 18, we may suspend or terminate that User's Account and remove associated Content without notice.
The Platform is not directed to children, and we do not knowingly collect personal information from any person under the age of 13 (or any higher age of digital consent that applies in the User's jurisdiction). Consistent with the U.S. Children's Online Privacy Protection Act (COPPA) and the Privacy Policy, if we become aware or are notified that a User is under 13 (or under the applicable minimum age), we will, as a mandatory matter, promptly delete that User's Account and all associated personal information and Content in our control. A parent or legal guardian who believes that a person under 13 has provided personal information may report this through the "Help & Support" menu so that we can effect deletion; the parental-report and deletion mechanism is further described in the Privacy Policy.
Accounts and Registration
To access certain features, you must register for an Account using a valid email address and password, complete email verification, and satisfy any anti-bot verification (such as a CAPTCHA challenge) and, where applicable, two-factor authentication.
Creating a Profile Page for an individual in the personality category, and certain Reward eligibility, may require identity verification through a third-party identity-verification or payment provider. You consent to such verification and acknowledge that VOICE’EM / VOICEEM is not responsible for the acts, omissions, or processing of any third-party provider.
You are solely responsible for: (a) maintaining the confidentiality and security of your Account credentials; (b) all activity that occurs under your Account; and (c) all Content posted from your Account. You must notify us promptly of any unauthorised use of your Account.
You agree to provide accurate, current, and complete information and to keep it updated. We may refuse, suspend, or terminate registration or an Account at our sole discretion.
Description of the Service
The Platform is a global social media and crowd-sourced review, rating, and constructive opinion/review/feedback application that allows Users to create and edit crowd-sourced Profile Pages and to post constructive opinion/review/feedback, reviews, ratings, opinions, complaints, suggestions, ideas, live updates, alerts, and similar constructive opinion/review/feedback ("voices") on a wide range of subjects, including persons, businesses, products, events, works, places, and other entities.
Profile Pages are community-created and community-curated. Any User may create a Profile Page (subject to applicable verification requirements) and Profile Pages may be edited by other Users in a collaborative, Wikipedia-style workflow until locked. Names and information associated with Profile Pages may be publicly visible and editable by other Users.
The Platform supports multiple countries and languages. Users may select global visibility or country-specific visibility, and content visibility, ranking, posting eligibility, and feature availability may vary by country, category, subscription level, and verification status.
We may add, modify, suspend, or discontinue any feature, category, Profile Page, or part of the Platform at any time, in our sole discretion, without liability to you.
VOICE’EM / VOICEEM does not create, endorse, verify, or guarantee the accuracy, reliability, legality, or quality of any Profile Page or User Content. The Platform operates as a neutral, automated venue for the exchange of User Content.
Any aggregate rating, average score, ranking, "top" or "trending" designation, badge, or other compiled or computed metric displayed on the Platform is generated automatically from User Content and User activity for general informational purposes only. VOICE’EM / VOICEEM does not verify, endorse, or guarantee the accuracy, completeness, methodology, or reliability of any aggregated rating, ranking, or score, which may be affected by the volume, timing, and nature of User Content and does not constitute a statement of fact by VOICE’EM / VOICEEM about any person, business, product, or other subject. Rankings and aggregated metrics may change at any time and are provided without warranty under Clause 18.
User-Generated Content and User Responsibility
You are solely and exclusively responsible for all User Content that you submit, post, upload, create, transmit, or otherwise make available on or through the Platform, and for all consequences of doing so. This includes all reviews, ratings, feedback, comments, opinions, complaints, suggestions, images, audio, video, links, and Profile Page edits.
You represent and warrant that, for all User Content you make available: (a) you own or have all necessary rights, licences, consents, and permissions to make it available and to grant the licence in Clause 9; (b) it does not and will not infringe, misappropriate, or violate any third party's Intellectual Property Rights, privacy, publicity, or other rights; (c) it is not unlawful, defamatory, harassing, abusive, fraudulent, obscene, hateful, threatening, or otherwise objectionable; and (d) it complies with these Terms and all applicable laws.
User Content does not reflect the views of VOICE’EM / VOICEEM. VOICE’EM / VOICEEM does not adopt, endorse, verify, or assume responsibility for any User Content. Any reliance you place on User Content is at your own risk.
VOICE’EM / VOICEEM does not verify the identity, background, credentials, or accuracy of any User, Profile Page, or User Content. You acknowledge that Profile Pages are crowd-sourced, may be created, edited, or commented on by other Users, and may contain inaccuracies, outdated information, or unverified statements. VOICE’EM / VOICEEM shall have no liability for any inaccuracies, misrepresentations, or misleading information posted by Users, and your remedy, if any, lies against the User who created the Content and not against VOICE’EM / VOICEEM.
Reviews, ratings, constructive opinion/review/feedback , complaints, and other "voices" posted on the Platform are the personal opinions and statements of the Users who post them and do not reflect the views of VOICE’EM / VOICEEM. To the extent any User Content contains statements that could be read as fact, those statements are the sole responsibility of the posting User; VOICE’EM / VOICEEM does not adopt, verify, or endorse them, and they should be understood as the subjective opinion of the author. You should not rely on any User Content as a substitute for independent verification or professional advice, and any reliance you place on User Content is at your own risk.
Intermediary Status and No Liability for User Content
VOICE’EM / VOICEEM is a provider of an interactive computer service and acts solely as a neutral intermediary and passive conduit for User Content. VOICE’EM / VOICEEM is not the publisher or speaker of any User Content provided by another information content provider.
Consistent with Section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) and analogous intermediary-liability protections in other jurisdictions to the maximum extent permitted by applicable law, VOICE’EM / VOICEEM shall not be treated as the publisher or speaker of, and shall not be liable for, any User Content or any act or omission of any User.
Any decision by VOICE’EM / VOICEEM to screen, moderate, filter, restrict, edit, remove, or decline to remove any User Content — whether by automated means, manual review, or otherwise — is undertaken voluntarily and in good faith and does not constitute, and shall not be construed as, an assumption of responsibility, editorial control, or liability for any User Content.
VOICE’EM / VOICEEM has no obligation to monitor User Content but reserves the right to do so. VOICE’EM / VOICEEM does not guarantee that any User Content is accurate, lawful, or non-infringing.
To the maximum extent permitted by applicable law, including Section 230(c)(2) of the U.S. Communications Decency Act (47 U.S.C. § 230(c)(2)) (the "Good Samaritan" provision), VOICE’EM / VOICEEM and its owners, members, managers, affiliates, officers, employees, and agents shall have no liability arising from any action voluntarily taken in good faith to restrict access to, screen, filter, label, restrict, edit, remove, or disable any Content that VOICE’EM / VOICEEM or any User considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, or otherwise objectionable, whether or not such Content is constitutionally protected, and from making available to Users the technical means to restrict access to such material. This protection is in addition to, and does not limit, the protections in Clauses 8.1 to 8.4 and Clause 10.
Intellectual Property and Licence
As between you and VOICE’EM / VOICEEM, all Intellectual Property Rights in the Platform — including its software, design, layout, databases, compilation of Content, trademarks, logos, and look and feel — are owned by or licensed to VOICE’EM / VOICEEM. Nothing in these Terms transfers any such rights to you.
You do not acquire or own any copyright, ownership interest, or other proprietary right in any input, images, audio, video, text, ratings, or other materials you upload or submit by virtue of uploading or submitting them through the Platform, nor in any aggregated, derived, or compiled data created by the Platform.
By submitting, posting, or uploading any User Content, you grant VOICE’EM / VOICEEM a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and sublicensable licence to host, store, use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works from, and otherwise exploit such User Content in any media and for any purpose connected with operating, developing, promoting, or improving the Platform and VOICE’EM / VOICEEM's business. This licence survives termination of your Account or these Terms to the extent necessary for VOICE’EM / VOICEEM's continued operation, archival, legal, and record-keeping purposes.
You waive, and agree not to assert against VOICE’EM / VOICEEM or its sublicensees, any moral rights or similar rights in your User Content to the maximum extent permitted by applicable law.
You must not upload, post, or transmit any Content that is copyrighted, trademarked, or otherwise protected, or that infringes or may infringe any third party's Intellectual Property Rights, unless you hold all necessary rights. You are solely responsible and liable for any infringement or alleged infringement arising from your Content, and VOICE’EM / VOICEEM shall have no liability for any User's violation of any third party's rights.
User-to-User Licence. In addition to the licence granted to VOICE’EM / VOICEEM in Clause 9.3, by submitting, posting, or uploading any User Content you grant each other User of the Platform a worldwide, royalty-free, non-exclusive licence to access, view, and — to the extent the relevant Platform feature permits — reproduce, re-post, edit, adapt, compile, and otherwise reuse your User Content on and through the Platform in accordance with these Terms (including in collaborative, Wikipedia-style Profile Page editing and in aggregated or derived Content). You acknowledge and agree that the Platform is crowd-sourced and that your User Content may be reused, edited, combined, and built upon by other Users, and that VOICE’EM / VOICEEM is not responsible or liable for any such reuse, which is governed by Clauses 7, 8, and 19.
Residual Copies and Content Survival. You acknowledge and agree that, following removal of User Content, deletion of your Account, or termination of these Terms: (a) copies of your User Content may remain in back-ups, archives, logs, caches, or other system records for a period consistent with VOICE’EM / VOICEEM's data-retention and legal-compliance practices; (b) User Content that you previously made available and that has been reused, re-posted, edited, aggregated, compiled, or incorporated into derived data, Profile Pages, or other Users' Content by other Users or by the Platform may continue to exist, be displayed, and be used independently of your Account; and (c) the licences granted in Clauses 9.3 and 9.6 survive to the extent necessary for VOICE’EM / VOICEEM's continued operation and for such residual, reused, aggregated, and derived Content. VOICE’EM / VOICEEM is under no obligation to remove, retrieve, or destroy any such residual, reused, or derived Content.
Content Moderation and Removal
VOICE’EM / VOICEEM may, at its sole discretion and without prior permission, notice, or liability, screen, review, refuse, restrict, block, disable, edit, suspend, or remove any Content, image, audio, video, link, Profile Page, or other material, in whole or in part, for any reason or no reason, including where VOICE’EM / VOICEEM considers it to violate these Terms, any applicable law, or the rights of any person, or to be otherwise objectionable.
VOICE’EM / VOICEEM may use automated tools, including third-party moderation services, to screen Content before or after publication. VOICE’EM / VOICEEM does not warrant that such tools will detect or prevent all violating Content.
VOICE’EM / VOICEEM has no obligation to retain, store, archive, back up, or return any Content (including removed Content) and may delete, archive, or purge Content at any time in accordance with its data-retention practices. You are solely responsible for maintaining your own copies of your Content.
VOICE’EM / VOICEEM's exercise or non-exercise of its rights under this Clause 10 is voluntary and does not waive any of VOICE’EM / VOICEEM's other rights or protections, including those in Clause 8.
Report Abuse. Users may report Content they consider to be unlawful, abusive, harassing, defamatory, infringing, or otherwise in violation of these Terms through the "Report" function associated with Content or through the "Help & Support" menu (the "Report Abuse" channel). Copyright-infringement claims must instead follow the DMCA process in Clause 17. VOICE’EM / VOICEEM may, in its sole discretion and without obligation, review, act on, decline to act on, or forward any report. VOICE’EM / VOICEEM's provision of, and any action or inaction in response to, the Report Abuse channel is undertaken voluntarily and in good faith and does not constitute, and shall not be construed as, an assumption of responsibility, editorial control, knowledge, or liability for any User Content, and is without prejudice to VOICE’EM / VOICEEM's protections under Clause 8 (including Section 230 of the U.S. Communications Decency Act).
Account Suspension, Blocking, and Termination
VOICE’EM / VOICEEM may, at its sole discretion and without prior notice or liability, suspend, restrict, block, disable, or terminate your Account or your access to all or part of the Platform, for any reason or no reason, including suspected violation of these Terms, suspected fraud or unlawful activity, or to protect the Platform, other Users, or any third party.
You may stop using the Platform at any time. Termination does not entitle you to any refund, Points, Rewards, or compensation, and does not relieve you of obligations accrued before termination.
The following Clauses survive termination: 7, 8, 9, 14, 18, 19, 20, 21, 22, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and any other provision that by its nature should survive.
Points, Rewards, and Revenue Sharing
VOICE’EM / VOICEEM may, in its sole discretion, operate a Points and Rewards programme to recognise genuine contributions. Points may be awarded only for genuine and complete feedback that includes all required form input for the relevant category and is subject to administrative review and evaluation by VOICE’EM / VOICEEM.
POINTS, REWARDS, AND THEIR VALUATION ARE ENTIRELY AT VOICE’EM / VOICEEM'S SOLE DISCRETION. VOICE’EM / VOICEEM may create, change, recalculate, suspend, withhold, reduce, or withdraw Points or Rewards, or the entire programme, at any time and without notice. VOICE’EM / VOICEEM is not required to disclose its scoring, weighting, valuation, or award methodology to any User or third party.
Points and Rewards have no monetary value, do not constitute property, and confer no vested, contractual, monetary, proprietary, or financial right or entitlement of any kind. They have no cash value unless and until VOICE’EM / VOICEEM, in its sole discretion, elects to make a payment, and they are non-transferable and may not be sold, assigned, or exchanged. No User is entitled to any Points, Reward, or payment, and all payments, if any, are discretionary and gratuitous.
Any revenue sharing with contributors is funded solely from net advertising or platform revenue (if any) remaining after platform overhead and costs for the relevant period, and is entirely discretionary, gratuitous, and at VOICE’EM / VOICEEM's sole discretion. The amount, timing, method, eligibility, and existence of any revenue share may vary or be discontinued at any time without notice.
Nothing in this Clause 12 or in any revenue-sharing, Points, or Rewards arrangement creates, and the parties expressly disclaim, any contract for payment, partnership, joint venture, agency, employment, or fiduciary relationship between any User and VOICE’EM / VOICEEM. No User shall have any claim against VOICE’EM / VOICEEM in contract, quasi-contract, unjust enrichment, restitution, or otherwise in respect of Points, Rewards, or revenue sharing, and each User waives any such claim to the maximum extent permitted by applicable law. Eligibility to receive any payment may require completion of identity and payment-account verification through a third-party provider.
Location Data
The Platform may offer location-based features. You voluntarily agree to share your geographic location (including by adding a location pin or enabling location services) to enable location-based services and features. You may decline or disable location sharing, in which case certain features may be unavailable.
Location and personal data collected through the Platform will NOT be shared with marketing agencies. Location data is handled in accordance with Clause 23 (Privacy and Data) and the Privacy Policy.
Information Sharing and Law Enforcement Cooperation
VOICE’EM / VOICEEM will NOT share User information with marketing agencies.
VOICE’EM / VOICEEM may share User information with service providers and processors as reasonably necessary to operate the Platform, and may share User information with local government, regulatory, or law-enforcement authorities in the relevant jurisdiction only in cases of fraud, legal action, or regulatory or legal violation, or where required or permitted by applicable law, legal process, or to protect the rights, safety, property, or interests of VOICE’EM / VOICEEM, its Users, or the public.
VOICE’EM / VOICEEM may report suspected violations to, and cooperate with, law-enforcement and government authorities, and may disclose information in connection with such reports, without notice to you to the extent permitted by law.
Advertisers and Advertising
Any signed-up User may create, schedule, automate, repeat, and pay for advertising, banners, polls, surveys, and sponsored campaigns on the Platform, subject to these Terms and any advertising rules we publish.
Advertisers are solely responsible for their advertising content and must comply with all applicable laws, regulations, and global copyright and intellectual-property laws, and must not post or link to any infringing, unlawful, deceptive, or otherwise violating content or links.
Advertisers are solely responsible for their advertising content. VOICE’EM / VOICEEM does not endorse, verify, or assume responsibility for any advertiser content, and shall have no liability for any harm, deception, loss, or violation caused by or arising from advertiser content. VOICE’EM / VOICEEM may, at its sole discretion and without notice or liability, reject, block, remove, suspend, or disable any advertisement, campaign, content, or link that it considers to violate these Terms or any applicable law, and reserves all rights in respect of advertising. Payment for advertising does not guarantee placement, performance, or results, and fees are non-refundable except as required by law.
Advertisers indemnify VOICE’EM / VOICEEM in accordance with Clause 20 in respect of their advertising.
Advertisement campaigns are delivered based on the settings selected by the Advertiser, including budget, duration, target audience, placement, and the availability of eligible Users. VOICE’EM / VOICEEM may estimate the expected reach or number of impressions for a campaign before it launches; however, unless a specific guaranteed-impression package is explicitly purchased, impressions are NOT guaranteed. Actual impressions and campaign results may vary depending on User activity, targeting filters, advertisement availability, and overall Platform performance.
To the maximum extent permitted by applicable law, VOICE’EM / VOICEEM disclaims all liability for any shortfall in impressions or for campaign performance, and provides no refund in respect of estimated, non-guaranteed impressions or results. Any estimate of reach or impressions is provided for planning purposes only and does not constitute a representation, warranty, or guarantee. This Clause 15 is without prejudice to Clauses 18, 19, and 20.
Advertiser and API Data-Use and Resale Restriction. Any data, metrics, analytics, impressions, audience information, or other information that an Advertiser, developer, or other person obtains through an advertising campaign, the Platform's advertising tools, any application programming interface (API), or any analytics or measurement feature (collectively, "Platform Data") may be used solely to plan, manage, and measure that person's own campaigns or permitted use of the Platform, and only in compliance with these Terms, the Privacy Policy, the Cookies Policy, and all applicable laws. Advertisers, developers, and other recipients must not sell, license, rent, share, disclose, re-identify, combine with other datasets to identify any individual, or otherwise transfer or commercially exploit any Platform Data or any User personal data, and must not use Platform Data to build or enrich any profile of, or to re-target, any User outside the Platform. VOICE’EM / VOICEEM will not share User information with marketing agencies (see Clauses 14.1 and 23.2). VOICE’EM / VOICEEM may suspend or terminate access for any breach of this Clause 15.7.
Prohibited Conduct and Acceptable Use
You must not, and must not permit or enable any other person to:
post or transmit any Content that is unlawful, fraudulent, defamatory, libellous, harassing, threatening, abusive, hateful, obscene, pornographic, violent, or that incites or promotes any of the foregoing;
infringe, misappropriate, or violate any Intellectual Property Rights, privacy, publicity, or contractual rights of any person;
impersonate any person or entity, create a false identity, or misrepresent your affiliation;
engage in fraud, deception, manipulation of Points, Rewards, ratings, polls, or constructive opinion/review/feedback , or post fake, paid, or incentivised reviews not permitted by us;
use bots, scrapers, crawlers, or any automated means to access, post to, or collect data from the Platform, or interfere with anti-bot measures;
upload viruses, malware, or harmful code, or attempt to gain unauthorised access to the Platform, other Accounts, or related systems;
collect, harvest, or process other Users' personal data except as expressly permitted;
interfere with, disrupt, or place an unreasonable load on the Platform or its infrastructure;
use the Platform for any unlawful, harmful, or unauthorised purpose, or in violation of any applicable law in your jurisdiction;
scrape, crawl, spider, index, mirror, harvest, extract, or copy any Content, data, ratings, Profile Pages, or other materials from the Platform, or access the Platform or its databases, by any automated or manual means, except as expressly authorised in writing by VOICE’EM / VOICEEM or as permitted by a published API subject to its terms; or circumvent, disable, or interfere with any technical, security, rate-limiting, or access-control measure; or
write, post, solicit, procure, incentivise, or facilitate any fake, paid, undisclosed, deceptive, self-, competitor-, or otherwise fraudulent review, rating, or testimonial; manipulate or inflate ratings, rankings, polls, or constructive opinion/review/feedback ; or condition, "gate", or solicit reviews on the basis that only positive reviews are requested, rewarded, or published, or otherwise discourage or suppress negative reviews.
upload, post, or otherwise make available the personal data of any third party (including any name, phone number, address, identification document, image, or other private information) without that person's lawful consent or another lawful basis; you are solely responsible for any violation of privacy or data-protection laws arising from your uploads, and VOICE’EM / VOICEEM may remove such Content without notice and shall have no liability for any such violation (see the Privacy Policy).
Reservation of Rights; CFAA and Database Rights. All right, title, and interest in the Platform, its databases, and its compilation of Content are reserved to VOICE’EM / VOICEEM (see Clause 9.1). Any access to, or extraction or reuse of, Content or data from the Platform otherwise than as expressly permitted is unauthorised and without VOICE’EM / VOICEEM's consent. VOICE’EM / VOICEEM expressly reserves all rights and remedies available to it, including under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), applicable trespass-to-chattels and breach-of-contract doctrines, and database and sui generis database rights and other Intellectual Property Rights in its data compilations, in respect of any unauthorised access, scraping, harvesting, or extraction. VOICE’EM / VOICEEM may use technical and legal measures to detect, prevent, and act against such conduct.
A breach of this Clause 16 may result in immediate removal of Content, suspension or termination of your Account under Clause 11, and reporting to authorities under Clause 14.
Country-Specific Legal Compliance. VOICE’EM / VOICEEM operates globally but is based in Texas, USA. You are solely responsible for complying with all laws applicable in your jurisdiction, including laws governing speech, reviews, defamation, privacy, data protection, consumer rights, and content posting. VOICE’EM / VOICEEM shall have no liability for any User's violation of local laws (see Clauses 4, 32, and 33).
DMCA Notice-and-Takedown and Copyright Policy
VOICE’EM / VOICEEM respects the Intellectual Property Rights of others and expects Users to do the same. VOICE’EM / VOICEEM will respond to clear notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA") and may, in appropriate circumstances and at its sole discretion, remove or disable access to allegedly infringing Content and terminate the Accounts of repeat infringers.
If you believe Content on the Platform infringes your copyright, you may send a written notice to VOICE’EM / VOICEEM's designated copyright agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.
Notices must be sent to VOICE’EM / VOICEEM's designated copyright/DMCA agent. Designated Copyright/DMCA Agent: Copyright Department, VOICE’EM / VOICEEM, LLC. Address: 6414 Tarrion Bay, Sugar Land, TX 77479, USA. Email: support@VOICE’EM / VOICEEM.com. Telephone: 001-832-586-1275. The agent must be registered with the U.S. Copyright Office before launch.
VOICE’EM / VOICEEM may, at its discretion, forward a copy of any notice to the User who posted the affected Content and may permit that User to submit a counter-notice as provided under the DMCA. VOICE’EM / VOICEEM's compliance with the DMCA process is voluntary and without prejudice to its protections under Clause 8. VOICE’EM / VOICEEM complies with the DMCA on infringement. For our full DMCA Notice & CounterNotice Policy, visit: www.VOICEEM.com/copyright
Repeat-Infringer Policy. VOICE’EM / VOICEEM has adopted and reasonably implements a policy of terminating, in appropriate circumstances and at its sole discretion, the Accounts of Users who are repeat infringers. For these purposes, a "repeat infringer" is a User who has been the subject of two (2) or more instances in which Content the User posted has been removed or disabled following a valid notice of alleged copyright infringement, or who VOICE’EM / VOICEEM otherwise reasonably determines has repeatedly infringed Intellectual Property Rights. VOICE’EM / VOICEEM may also suspend or terminate an Account for a single egregious infringement. VOICE’EM / VOICEEM may consider counter-notices and the totality of the circumstances in applying this policy. This Clause 17.5 is without prejudice to VOICE’EM / VOICEEM's other rights, including under Clauses 10 and 11.
DISCLAIMER OF WARRANTIES
THE PLATFORM, THE SERVICE, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICE’EM / VOICEEM AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade.
VOICE’EM / VOICEEM DOES NOT WARRANT that the Platform will be uninterrupted, secure, error-free, or free of viruses or harmful components, that defects will be corrected, or that any Content (including User Content, Profile Page information, ratings, or translations) is accurate, reliable, complete, lawful, or non-infringing. You use the Platform and rely on any Content at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICE’EM / VOICEEM AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any loss of profits, revenue, data, goodwill, reputation, or business, arising out of or relating to these Terms, the Platform, the Service, any User Content, or your use of or inability to use the Platform, whether based in contract, tort (including negligence), strict liability, statute, or otherwise, and whether or not VOICE’EM / VOICEEM has been advised of the possibility of such damages.
VOICE’EM / VOICEEM SHALL NOT BE LIABLE FOR ANY USER CONTENT, FOR THE CONDUCT OF ANY USER OR THIRD PARTY, FOR ANY ADVERTISING, OR FOR ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF VOICE’EM / VOICEEM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO VOICE’EM / VOICEEM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
The limitations and exclusions in this Clause 19 apply to the fullest extent permitted by law and reflect an agreed allocation of risk that forms an essential basis of the bargain between you and VOICE’EM / VOICEEM. Some jurisdictions do not allow certain limitations; in such jurisdictions, VOICE’EM / VOICEEM's liability is limited to the maximum extent permitted by law.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VOICE’EM / VOICEEM AND ITS OWNERS, MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content; (b) your use of or activity on the Platform; (c) your violation of these Terms or any applicable law; (d) your infringement or misappropriation of any third party's rights, including Intellectual Property Rights, privacy, or publicity rights; (e) your advertising or campaigns; and (f) any claim brought against you by, or any dispute between you and, another User or any third party arising out of or relating to User Content you submitted, edited, reused, re-posted, or otherwise made available, or another User's reuse of such User Content as permitted under these Terms.
VOICE’EM / VOICEEM may, at its option, assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate. You shall not settle any matter affecting an Indemnified Party without VOICE’EM / VOICEEM's prior written consent.
GOVERNING LAW, JURISDICTION, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER
GOVERNING LAW. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to these Terms, the Platform, or the Service are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles.
EXCLUSIVE JURISDICTION AND VENUE. THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF TEXAS SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE over any dispute, claim, or proceeding arising out of or relating to these Terms, the Platform, or the Service. You irrevocably submit to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue, including on grounds of inconvenient forum. There is no agreement to arbitrate; all disputes shall be resolved exclusively in the Texas courts.
CLASS-ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VOICE’EM / VOICEEM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The courts may not consolidate more than one person's claims or preside over any form of class or representative proceeding.
JURY-TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VOICE’EM / VOICEEM EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms, the Platform, or the Service.
TIME LIMIT. To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim arose, failing which the claim is permanently barred.
If the class-action waiver in Clause 21.3 is found unenforceable as to a particular claim, that claim shall be severed and adjudicated in court, but the remainder of this Clause 21 shall remain in full force.
Translation Disclaimer
The Platform may translate menus, interfaces, and Content into other languages using automated translation tools, including Google Translate, for the convenience of Users selecting language settings.
Automated translations are provided "as is", may contain errors, inaccuracies, or unintended meanings, and may be incomplete or misleading. VOICE’EM / VOICEEM does not warrant the accuracy, completeness, or reliability of any translated text, and Users agree that all translations are used at their own risk. VOICE’EM / VOICEEM shall have no liability for any loss, misunderstanding, or harm arising from translated content. The English-language version of these Terms and of any Platform Content controls and prevails in the event of any conflict, discrepancy, or ambiguity between the English version and any translated version.
Privacy and Data
VOICE’EM / VOICEEM's collection, use, sharing, and retention of personal data is described in the Privacy Policy, and VOICE’EM / VOICEEM's use of cookies and similar tracking technologies is described in the Cookies Policy, each of which is incorporated into these Terms by reference. By using the Platform, you acknowledge and agree to the practices described in the Privacy Policy and the Cookies Policy.
In summary, and without limiting the Privacy Policy: (a) VOICE’EM / VOICEEM collects account, profile, User Content, location, device, usage, and advertising-related data; (b) location data is shared voluntarily by Users to enable location-based services; (c) VOICE’EM / VOICEEM will NOT share User information with marketing agencies; (d) VOICE’EM / VOICEEM may share information with service providers and processors as needed to operate the Platform, and with government or law-enforcement authorities only in cases of fraud or legal action, or as otherwise required or permitted by law (see Clause 14); and (e) the Platform is for Users aged 18 and over only.
VOICE’EM / VOICEEM offers data-subject rights (such as access and deletion) on a defensive, globally compliant basis as further described in the Privacy Policy, while these Terms and the Privacy Policy remain governed by Texas law. To the extent of any conflict between this Clause 23 and the standalone Privacy Policy regarding data practices, the Privacy Policy controls.
Third-Party Links and Services
The Platform may contain links to, or integrate with, third-party websites, services, identity-verification providers, payment processors, advertising networks, or applications that are not owned or controlled by VOICE’EM / VOICEEM.
VOICE’EM / VOICEEM does not endorse and is not responsible or liable for any third-party website, service, content, or conduct. Your use of any third-party website or service is at your own risk and subject to that third party's terms and policies. VOICE’EM / VOICEEM is not a party to, and has no liability arising from, any transaction between you and a third party.
General Provisions
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without VOICE’EM / VOICEEM's prior written consent. VOICE’EM / VOICEEM may freely assign or transfer these Terms, in whole or in part, without restriction or notice. These Terms bind and benefit the parties and their permitted successors and assigns.
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect.
Entire Agreement. These Terms, together with the Privacy Policy, the Cookies Policy, the Refund Policy, and any other policies published on the Platform (each of which is incorporated into these Terms by reference), constitute the entire agreement between you and VOICE’EM / VOICEEM regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
No Waiver. No failure or delay by VOICE’EM / VOICEEM in exercising any right or remedy shall operate as a waiver, and no single or partial exercise shall preclude any further exercise of that or any other right or remedy.
Force Majeure. VOICE’EM / VOICEEM shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, governmental action, epidemics or pandemics, power or internet failures, or failures of third-party providers.
Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and VOICE’EM / VOICEEM. You and VOICE’EM / VOICEEM are independent.
No Third-Party Beneficiaries. Except for the Indemnified Parties (who may enforce Clauses 18, 19, and 20), these Terms do not confer any rights on any third party.
Survival. Provisions that by their nature should survive termination will survive, as set out in Clause 11.3.
Notices and Contact
VOICE’EM / VOICEEM may provide notices to you by posting on the Platform, through the Platform interface, or by email to the address associated with your Account. You consent to receive communications electronically.
You may contact VOICE’EM / VOICEEM, and submit any notice, request, complaint, or support enquiry, through the "Help & Support" menu located under your profile on the Platform.
MAKRI LLC d/b/a VOICEEM LLC, is a Texas limited liability company with its registered address at 6414 Tarrion Bay, Sugar Land, TX 77479, USA.
Legal notices to VOICE’EM / VOICEEM (other than DMCA notices, which must follow Clause 17) must be sent in writing to the registered address above and are effective on receipt.
Subscriptions, Billing, and Cancellation
The Platform may offer paid premium subscriptions and premium features ("Subscriptions"). Subscriptions are billed in advance on a recurring basis for each billing period (for example, monthly or annually), as described at the point of purchase. By purchasing a Subscription, you authorise VOICE’EM / VOICEEM and its payment processors to charge the applicable fees and taxes to your selected payment method for each billing period until the Subscription is cancelled.
You may cancel your Subscription at any time. Cancellation takes effect at the end of the current paid billing period, and your premium access continues until the end of that billing period, after which the Subscription will not renew.
After cancellation, you will not be charged any further Subscription fees unless you choose to re-subscribe. Re-subscribing starts a new Subscription subject to the then-current fees and terms.
Partial refunds are generally NOT provided for unused days, time, or features remaining in a billing period after cancellation, except where a refund is required by applicable law (including mandatory consumer-protection rights of Users outside the United States that cannot lawfully be excluded) or is approved by VOICE’EM / VOICEEM support in an exceptional case at its sole discretion. Any refund granted is discretionary, does not create any entitlement or course of dealing, and does not modify these Terms.
Subscriptions, cancellations, and refunds are further described in the Refund Policy, which is incorporated into these Terms by reference. To the extent of any conflict between this Clause 27 and the Refund Policy regarding refunds, the Refund Policy controls.
Review Integrity and Disclosure
VOICE’EM / VOICEEM is committed to the integrity of reviews, ratings, and constructive opinion/review/feedback on the Platform and expects Users to comply with all applicable laws governing reviews and endorsements, including the U.S. Federal Trade Commission (FTC) Act and the FTC's rules and guides concerning consumer reviews and testimonials.
You must not create, post, procure, solicit, incentivise, or facilitate any fake, false, deceptive, or misleading review, rating, or testimonial, and must not misrepresent your identity, experience, or connection to the subject of a review. If you have any material connection to the subject of a review or endorsement (for example, you are the subject, an owner, employee, agent, competitor, or you received payment, free products, or other incentive), you must clearly and conspicuously disclose that connection in or with your User Content.
VOICE’EM / VOICEEM does not suppress, alter, or selectively publish reviews on the basis of their rating and does not engage in "review gating". VOICE’EM / VOICEEM may, consistent with Clauses 8 and 10 and its Good Samaritan protections, remove reviews that violate these Terms or applicable law.
VOICE’EM / VOICEEM acts as a neutral intermediary and is not responsible for Users' compliance or non-compliance with review-disclosure obligations. Responsibility for any undisclosed material connection or deceptive review rests solely with the posting User, who indemnifies the Indemnified Parties under Clause 20. This Clause 28 is without prejudice to Clauses 7, 8, 16, 18, 19, and 20.
Right of Publicity and Biometric Data Consent
Right of Publicity. You represent and warrant that any name, likeness, image, photograph, voice, performance, or other indicia of identity that you upload, post, or make available as User Content is either your own or that you have obtained all necessary rights, consents, and releases from each identifiable individual (and, where applicable, the owner of any associated rights) to make it available and to grant the licences in Clauses 9.3 and 9.6. You are solely responsible for any claim that your User Content violates any person's right of publicity, privacy, or personality, and you indemnify the Indemnified Parties under Clause 20 in respect of any such claim.
Biometric Data. Depending on the features used, media you upload (such as photographs, audio, or video) may be processed by the Platform or its service providers. To the extent that any such processing involves a "biometric identifier" or "biometric information" within the meaning of the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14/) or any analogous biometric-privacy law, VOICE’EM / VOICEEM's collection, use, storage, and destruction of such data, the purposes for which it is used, and the applicable retention and destruction schedule are described in the Privacy Policy, and your consent is obtained as and to the extent required by applicable law and the Privacy Policy. Whether biometric data is collected, and if so the consent, purpose, and retention and destruction schedule, is set out in the Privacy Policy, which is incorporated into these Terms by reference (see Clause 23).
By uploading media or using features that may involve such processing, you acknowledge the Privacy Policy and provide any consent described there to the collection, use, storage, and destruction of biometric data as and to the extent required by applicable law. You may withdraw consent or request deletion as described in the Privacy Policy and Clause 23, subject to the survival of residual, reused, aggregated, and derived Content under Clause 9.7. This Clause 29 is without prejudice to Clauses 7, 9, 18, 19, and 20.
Child Sexual Abuse Material (Zero Tolerance)
VOICE’EM / VOICEEM has a zero-tolerance policy toward child sexual abuse material ("CSAM") and the sexual exploitation of minors. You must not upload, post, store, transmit, solicit, or facilitate any CSAM or any content that sexually exploits or endangers any minor. Any such content or conduct is strictly prohibited regardless of the Platform's 18+ eligibility requirement.
VOICE’EM / VOICEEM will report apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and/or appropriate law-enforcement authorities as required by the U.S. Reporting requirements of 18 U.S.C. § 2258A and applicable law, and may preserve and disclose related content and account information in connection with such reports. VOICE’EM / VOICEEM will cooperate with NCMEC and law-enforcement and regulatory authorities to the extent required or permitted by law (see Clause 14).
Any User who uploads, posts, transmits, solicits, or facilitates CSAM will have their Account permanently terminated without notice, in addition to any reporting, content preservation, and disclosure described above and any other remedy available to VOICE’EM / VOICEEM. This Clause 30 is without prejudice to Clauses 8, 10, 11, 14, and 16, and survives termination.
Content Accuracy and No Reliance
VOICE’EM / VOICEEM does not create, verify, endorse, or guarantee the accuracy, completeness, currency, reliability, legality, or quality of any User Content, Profile Page, rating, ranking, aggregated metric, review, opinion, or other Content available on or through the Platform. All such Content is provided for general informational purposes only.
You should not rely on any Content on the Platform as a statement of fact or as a substitute for independent verification or professional, legal, medical, financial, or other advice. Any reliance you place on any Content is at your own risk, and VOICE’EM / VOICEEM has no liability for any decision made or action taken in reliance on any Content (see Clauses 6.5, 6.6, 7.3, 7.5, 18, and 19).
Profile Pages and other Content are community-created and crowd-sourced and may be created, edited, duplicated, or commented on by other Users; they may be inaccurate, outdated, incomplete, conflicting, contested, or constitute misinformation, and duplicate Profile Pages may exist for the same subject. VOICE’EM / VOICEEM may, at its sole discretion, merge, remove, or modify duplicate or inaccurate pages but is under no obligation to correct, update, verify, or de-duplicate any Content, and shall have no liability for any confusion, harm, or reliance arising from duplicate, conflicting, or inaccurate pages or from any misinformation. VOICE’EM / VOICEEM may, but is not required to, remove or restrict Content under Clauses 8, 10, and 28. This Clause 31 consolidates and is without prejudice to the disclaimers elsewhere in these Terms.
Sanctions, Export Controls, and Territory Restrictions
You represent and warrant that you are not located in, ordinarily resident in, or a national of any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. or other applicable restricted-party, sanctions, or denied-persons list, including lists maintained by the U.S. Office of Foreign Assets Control (OFAC). You must not access or use the Platform in violation of any applicable sanctions, export-control, or anti-money-laundering law, including the U.S. Export Administration Regulations and OFAC-administered sanctions programmes.
You must not use, export, re-export, or make the Platform or any Content available to any prohibited person, entity, or territory, and you must not use the Platform for any purpose prohibited by applicable sanctions or export-control laws.
VOICE’EM / VOICEEM may, in its sole discretion and without liability, block, restrict, suspend, or terminate access to the Platform from, or to Users in, any country, territory, or jurisdiction in order to comply with applicable law or sanctions, or for any other reason. VOICE’EM / VOICEEM makes no representation that the Platform is appropriate or available for use in any particular location, and you access the Platform on your own initiative and are responsible for compliance with local law (see Clause 4.2). This Clause 32 is without prejudice to Clauses 11, 19, and 20.
Global Consumer Rights and Notice-and-Action
Savings Clause. Nothing in these Terms is intended to exclude, restrict, or modify any right, guarantee, warranty, or remedy that you have under the mandatory consumer-protection or other laws of your country of residence that cannot lawfully be excluded, restricted, or modified by agreement. Where any provision of these Terms (including the disclaimers, limitations of liability, indemnities, governing-law, jurisdiction, class-action, and jury-trial provisions) is unenforceable against you as a consumer under such mandatory law, that provision applies to you only to the maximum extent permitted by that law, and the remainder of these Terms continues in full force (see Clause 25.2).
EU/EEA Notice-and-Action. To the extent the EU Digital Services Act (Regulation (EU) 2022/2065) or analogous law applies, Users and other persons may notify VOICE’EM / VOICEEM of Content they consider to be illegal through the Report Abuse channel (Clause 10.5) or the "Help & Support" menu. VOICE’EM / VOICEEM will handle such notices in a timely, diligent, non-arbitrary, and objective manner, may remove or disable access to Content it determines to be illegal or in breach of these Terms, and will provide a statement of reasons to affected Users where required by applicable law. VOICE’EM / VOICEEM's designated point of contact for such matters is available through the "Help & Support" menu.
These notice-and-action and consumer-rights mechanisms are provided on a defensive, globally compliant basis and are without prejudice to VOICE’EM / VOICEEM's intermediary protections under Clause 8. These Terms remain governed by Texas law as set out in Clause 21, subject to this Clause 33.
User Waiver of Defamation Claims
You acknowledge that other Users may post opinions, statements, or constructive opinion/review/feedback relating to you, and that VOICE’EM / VOICEEM is not responsible for such User Content. To the maximum extent permitted by applicable law, you waive any claim, action, or remedy against VOICE’EM / VOICEEM arising from alleged defamation, libel, slander, or reputational harm caused by User Content, and you agree that your sole remedy lies against the User who posted the content. This Clause 34 is without prejudice to VOICE’EM / VOICEEM's intermediary protections under Clause 8 and the disclaimers in Clauses 7, 18, and 19.
No Liability for Moderation Errors
VOICE’EM / VOICEEM uses automated and manual moderation tools, including AI-based systems. These tools may fail to detect, or may incorrectly assess, violating content. VOICE’EM / VOICEEM does not guarantee that all harmful, infringing, or unlawful content will be detected or removed, and shall have no liability for any failure, delay, or error in moderation. Any moderation undertaken by VOICE’EM / VOICEEM is voluntary and in good faith and is without prejudice to its protections under Clauses 8 and 10.
No Guarantee of Uptime or Availability
The Platform may experience interruptions, outages, delays, suspensions, maintenance windows, or errors. VOICE’EM / VOICEEM does not guarantee continuous, uninterrupted, timely, secure, or error-free access to the Platform or the Service, and shall have no liability for any downtime, data loss, corruption, or inability to access the Platform. This Clause 36 is in addition to, and without prejudice to, the disclaimers in Clause 18 and the limitations of liability in Clause 19.
AI Moderation Disclaimer
VOICE’EM / VOICEEM uses artificial-intelligence systems to help detect harmful, infringing, or unlawful content. AI systems may produce false positives or false negatives and may remove, restrict, or fail to act on Content in error. VOICE’EM / VOICEEM does not guarantee the accuracy of any AI moderation and shall have no liability for any moderation outcome, decision, or error. This Clause 37 supplements Clauses 8, 10, and 35 and is without prejudice to VOICE’EM / VOICEEM's protections under those Clauses.
Geolocation map pin Liability Disclaimer
Users may add locations and other location-based content. VOICE’EM / VOICEEM does not verify the accuracy of any location pin and shall have no liability for any harm, misdirection, loss, or reliance arising from location-based content. This Clause 38 supplements Clause 13 (Location Data) and the disclaimers in Clauses 18, 19, and 31. Users shall refrain from disclosing individual’s location information on the platform.