Effective Date:28 July, 2023
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you as a user of our Services. Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you(“user”,“you”) and us (“us”, “we”). So please read them carefully.
BY USING Voko, OR ANY OF OUR OTHER APPLICATIONS, WEBSITES, SOFTWARE AND RELATING TO PRODUCTS OR SERVICES THAT ARE SUBJECT TO THESE TERMS (WHICH WE REFER TO COLLECTIVELY AS THE “SERVICES”), YOU AGREE TO THE TERMS. IF SO, WE GRANT YOU A NON-ASSIGNABLE, NON-EXCLUSIVE, REVOCABLE, AND NON-SUBLICENSABLE LICENSE TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS AND OUR POLICIES. OF COURSE, IF YOU DON’T AGREE WITH THE TERMS, THEN DON’T USE THE SERVICES.
ARBITRATION NOTICE:WEAGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SECTION 17, AND WE WILL JOINTLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AS DESCRIBED IN SECTION 17.
1. WHO CAN USE THE SERVICES
Our services are not directed to children under the age of 18, and you must confirm that you are 18 years or older to create an account and use the Services. If we have actual knowledge that you are under the age of 18 (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will cease providing Services to you and delete your account and your data. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all such terms carefully. By using the Services, you represent, warrant, and agree that:
i. you can form a binding contract with us;
ii. you are not a person who is barred from using the Services under any other applicable jurisdiction;and
iii. you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. RIGHTS YOU GRANT US
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. For all content you submit to the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content, means that you will not be entitled to any compensation. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.
3. PRIVACY
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy.
4. CONTENT MODERAT
Much of the content on our Services is produced by users. You may not:
i. make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
ii. distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
iii. market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
iv. interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
v. incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
vi. use automated scripts to collect information from or otherwise interact with the Services;
vii. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
viii. intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
ix. use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services;
x. use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
xi. use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
xii. any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
xiii. content that we find objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type.
Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user that submitted it. Although we reserve the right to review, moderate, or remove all content that appears on the Services, we do not review all of it. So we cannot — and do not — guarantee that other users or the content they provide through the Services will comply with our Terms, or our other terms, policies or guidelines.
Users can report content produced by others or others’ accounts for violation of our Terms, or other guidelines and policies through Section 17. Upon receiving a complaint, we will ensure the complaint is reviewed in a timely, non-discriminatory, diligent and non-arbitrary manner.
5. RESPECTING THE SERVICES AND OUR RIGHTS
As between you and us, we are the owner of the Services, which includes all related brands, software, and other proprietary content, features, and technology.That means, without our authorization, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to the Services:
i. use branding, logos, icons, user interface elements, product or any other materials makes available via the Services;
ii. violate or infringe us our affiliates’, or any other third party’s copyrights, trademarks, or other intellectual property rights, including by using the Services to submit, display, post, create, or generate any infringing content;
iii. copy, modify, download, upload, disclose, distribute, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services;
iv. create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account; and
v. attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
Failure to comply with these rules may result in suspension or termination of your account.
6. RESPECTING OTHERS USERS’ RIGHTS
We respect the rights of all users. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Services, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by us or our affiliates.
We honor copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we become aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, please contact us via cs@voko.media.
7. SAFETY
We try to make our Services as safe as possible, but we need your help. By using the Services, you agree that you will at all times comply with these Terms, including all policies we make available in order to maintain the safety of the Services.If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account, and retain data relating to your account in accordance with our data retention policies; and notify third parties — including law enforcement — and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
We also care about your physical safety while using our Services. Thus,don't put yourself or others in harm’s way when using our Services.
8. YOUR ACCOUNT
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at cs@voko.media.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.If you no longer want to use our Services again, and would like your account deleted, contact us at cs@voko.media. We will provide you with further assistance and guide you through the process.
9. VIRTUAL ITEMS
You can only buy virtual coins (“Coins”) and virtual gifts (Gifts), send Gifts to others, receive Gifts, earn virtual diamonds (“Diamonds”) and withdraw Diamonds if you are aged 18 or older. If you are between the ages of 18 and the age of legal majority in your jurisdiction, you may only participate in the Virtual Items plan with the permission of a parent or legal guardian who agrees to be bound by this Section.
9.1 Coins
When you reach the requirements of purchasing,you may purchase Coins from us using authorized payment methods and through payment providers made available and authorized by us.
The price of the Coins will be displayed at the point of purchase. All charges and payments for Coins will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider. Once your purchase has been completed, your user account will be credited with Coins.You acknowledge and agree that we start supplying the Coins to you as soon as the purchase is complete and therefore, your right to cancel or withdraw from the agreement to purchase is lost at this point.
Coins can only be used to purchase Virtual Gifts and be used on our Platform and as part of our Services, cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit.The sale, barter, assignment or other disposal of any Coins, is expressly prohibited. Any user of the Services who violates this restriction may have his or her account terminated us, forfeit Coins from his or her account, and/or be subject to liability for damages and litigation and transaction costs.
You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such Coins, where we have a valid reason to do so, in any general or specific case, and that we will have no liability to you based on its exercise of such right. If we decided to eliminate Coins from our services completely, we will do so by providing reasonable notice to you.
9.2 Gifts
Gifts constitute a limited license to certain features of digital products and services. You may purchase Gifts by using Coins. When you have exchanged your Coins for Gifts, such Coins will be deducted from your user account and credited with Gifts. The exchange rate between each Coins and Gifts will be displayed on our Platform at the point of exchange. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such exchange rate as we see fit in our sole discretion, and that we will have no liability to you based on our exercise of such right.All published prices include taxes unless it is otherwise under applicable laws in your jurisdiction. If any Gifts are subject to sales tax in your jurisdiction and you have not paid the applicable sales tax to us, then you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority.
In relation to the Services, you may use Gifts to rate or show your appreciation for an item of User Content that is uploaded or streamed by another user (“Content Provider”). You can contribute Gifts to User Content by clicking the give button below the relevant User Content.When you have contributed a Gift to an item of User Content, this Gift will be removed from your account, and converted into Diamonds (defined as below) in the Content Provider’s account.
Except as otherwise set out in the applicable laws, all sales of Gifts are final, and we do not offer refunds or reimbursements for any purchased Gifts.
9.3 Diamonds
Diamonds are a measurement of the popularity of the relevant User Content. Diamonds are based on the Gifts a Content Provider receives, at a rate of conversion to be determined by us from time to time in its absolute and sole discretion. And the sale, assignment, exchange, transfer or other disposal of any Diamonds, is expressly prohibited by us. Any user of the Services who violates this restriction may have his or her account terminated by us, forfeit Diamonds from his or her account, and/or be subject to liability for damages and litigation and transaction costs.
At any point, a Content Provider can see how many Diamonds he/she has accrued on a real-time basis by checking their user account.You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such Diamonds as it sees fit in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right.In addition, you agree that when a user is entitled to a refund for the Gifts he or she purchased, the payment withdrawn by you in relation to such Gifts shall be forfeited. You are responsible for refund such payment immediately upon receiving our notice to you.
If Content Provider choose to withdraw Diamonds in exchange for monetary compensation that will be calculated by us based on various factors including the number of Diamonds a user has accrued. The withdrawal of Diamonds will be subject to any information provided in the withdrawal instructions that are provided to you at the time of such withdrawal, including the applicable daily limits on withdrawal amounts and the rate of withdrawal, etc. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such withdrawal feature as we see fit in our sole discretion, and that we will have no liability to you based on our exercise of such right. All applicable payment will be made directly into your nominated third-party payment channel account (like PayPal, if applicable) and you are responsible for any losses caused by incorrect third-party payment channel account information provided by you.We reserve the right to verify your identity, age and eligibility qualifications to our satisfaction prior to making any payment.
If you are subject to any taxes imposed by any jurisdiction on these payments, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so by applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
10. MODIFYING THE SERVICES AND THESE TERMS
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
This also means we may need to update these Terms to reflect any changes to our Services or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If those changes to these Terms are material we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). If you continue to use the Services once the changes come into effect, we will take that as your acceptance.
11. TERMINATION AND SUSPENSION
While we hope you use the Services for a long time, you can terminate these Terms at any time if you do not agree with any changes we make to these Terms, or for any other reason, by deleting your account (or, in some cases, the account associated with the applicable part of the Services you are using, such as the account of Line, Facebook, Google).
We may restrict, terminate, or temporarily suspend your access to the Services if you fail to comply with these Terms or the law, for reasons outside of our control, or for any other reason. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. When we do, we’ll provide you notice in most cases, as well as an opportunity to appeal the decision.
12. INDEMNITY
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless us, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, (b) your content, including infringement claims related to your content,or (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct.
13. DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $10 USD OR THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
15. ARBITRATION, AND CLASS-ACTION WAIVER
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND WE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
a. Applicability of Arbitration Agreement. In this Section, you and we agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services or any communications between you and we that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and we are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights.
b. Arbitration Rules. The laws of Hongkong governs the interpretation and enforcement of this dispute-resolution provision. If you or we wish to initiate arbitration, the arbitration will be conducted by Hong Kong International Arbitration Centre (HKIAC). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator.
c.Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and us. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
e. Fees. If we are the party initiating an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against us, you will be responsible for all costs associated with the arbitration, including the entire filing fee.
f. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
g. Arbitration Right Survival. This Section will survive the termination of your relationship with us, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.
16. FINAL TERMS
These Terms make up the entire agreement between you and us, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. Where we have provided summary sections in these Terms, these summaries have been included for your convenience only and you should read these Terms in full to understand your legal rights and obligations.
17. CONTACT US
Company Name: Mobile Alpha Limited
Office Address: FLAT/RM A 12/F ZJ 300 300 LOCKHART ROAD WAN CHIAI,HK
We welcome comments, questions, concerns, or suggestions. Please contact us via cs@voko.media.