These Terms of Service (“Terms”) govern your access to and use of Voyadi services, including our various websites and applications (the “Services”), and any information, photos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these terms.
1. Basic terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will only be viewable by users of the Services that you select. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Banian Labs, the company behind Voyadi, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Banian Labs provides are always evolving and the form and nature of the Services that Banian Labs provides may change from time to time without prior notice to you. In addition, Banian Labs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
4. Content on the services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
You are solely responsible for your conduct, the content of your account, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance. But you acknowledge that Banian Labs has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of content, user posts, or any other information you may be able to access using the Services.
5. Your rights
You retain your rights to any Content you submit, post or display on or through the Services. For content that is covered by intellectual property rights, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Voyadi.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your license to use the services
Banian Labs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Banian Labs as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Banian Labs, in the manner permitted by these Terms.
7. Banian Labs Rights
All right, title, and interest in and to the Voyadi Services (excluding Content provided by users) are and will remain the exclusive property of Banian Labs and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Voyadi name, Banian Labs name or any of the Banian Labs trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Voyadi, Banian Labs, or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
8. Restrictions on content and use of the services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Banian Labs (Voyadi), its users and the public.
9. Copyright policy
Banian Labs respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us with supporting information.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Banian Labs will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Ending these terms
The Terms will continue to apply until terminated by either you or Banian Labs as follows.
You may end your legal agreement with Banian Labs at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Banian Labs when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for Banian Labs; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Banian Lab’s rights to change, limit, or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and limitations of liability
Please read this section carefully since it limits the liability of Banian Labs and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Banian Labs Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The services are available “AS-IS”
Your access to and use of the Voyadi Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BANIAN LABS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Banian Labs Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of , or the failure to store or to transmit, any Content maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Banian Labs Entities or through the Services, will create any warranty not expressly made herein.
B. Your Responsibilities
Content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share content unless you have the right to do so. You, not Banian Labs, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.
You, and not Banian Labs, are responsible for maintaining and protecting all of your content. Banian Labs will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
12. General terms
A. Waiver and Severability
The failure of Banian Labs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us. Effective: May 1, 2017