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8th March-2022
TERMS OF USE FOR USAGE OF WEBSITE OF VOXVALLEY WEBSITE PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OF VOXVALLEY AND ITS PRODUCTS AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL TERMS OF SERVICE AND THE PRIVACY POLICY.
IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE OR ITS PRODUCTS AND/OR SERVICES.
Voxvalley is a software development company and has its line of products and services useful for the communication industry and towards that end it enables its Users (the term Users hereinafter at various places in the agreement interchangeable referred to as “they”, “their”, “you” or “your”), to access and use its website (https://www.voxvalley.com) (the “Website”) and is operated by Voxvalley Technologies Pte Ltd, a Singapore registered Company (“its”, “Voxvalley”, “we” or “us”).
Your use of the Website (the “Services”) is subject to the terms and conditions set forth in these Terms of Use (the “Terms of Use”).
If You open an account on behalf of yourself, an individual, a company, organization, or other entity (hereinafter referred to as entity or user) then (a) “you” includes you and that entity, and (b) you represent and warrant that you are duly and validly authorized to grant all permissions and licenses provided in these Terms and bind the entity or user to these Terms, and that you agree to these Terms on the entity’s or user’s behalf.
As a customer, you agree to incorporate Voxvalley’s policies into your own solutions and ensure that your customers adhere to our policies. If you are accepting these terms of service on behalf of your employer or another entity or user, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity or user, to these Terms of Use; (ii) you have read and understand these Terms of Use; and (iii) you agree, on behalf of the party that you represent, to these terms of Service.
General
By registering for and/or using the Services in any manner, you agree that you have read, understand and accept these Terms of Use and all other Policies referenced herein, each of which may be updated from time to time. These Terms of Use apply to all users of the Website and other Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services. We may revise these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the current Terms of Use, as they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website. No information contain in the Website shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. Any waiver of any breach or default by either Party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either Party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.
TERM:
The term (“Terms”) will commence upon your acceptance of these Terms of Use and will remain in effect until terminated by you or Voxvalley. You may terminate these Terms of Use with or without any reason. We may suspend your right and license to use Website and any or all Services or terminate these Terms of Use in its entirety for any reason or for no reason, at our discretion by providing Seven (7) day notice. If Voxvalley determines that providing advance notice would negatively impact Voxvalley’s ability to provide Services, Voxvalley may suspend or terminate, with immediate effect. Your right and license to use Website and or any or all Services
Voxvalley may suspend or terminate your right and license to use the Website or the Services immediately as set forth below: if
Upon our suspension or termination of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred for usage/activity through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Use for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) you remain liable for all penalties, charges, fines that may have been incurred by Voxvalley due to activity from your account even if such charges are incurred subsequent to your account termination (iii) all of your rights under these Terms of Use shall immediately terminate; and (iv) Voxvalley reserves the right to charge your card on file for any outstanding balance as well as any penalties, fines, charges due on your Voxvalley account.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property”, “Fees”, “Content”, “Representations and Warranties”, “Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction”, and any other relevant and connected clauses of the Products or Services you are using as specified in the respective Terms of Service document..
You agree that Voxvalley shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.
Amendments or Updates to Terms of Use:
We may, in our sole discretion, amend or modify the Terms of Use. You must keep checking the site for any applicable new or modified Terms of Use periodically. The “Last Updated” date at the top the Terms of Use will indicate when the latest modifications were made.
Changes or Variations to Services:
Our Services may change over time. You are responsible for keeping updated on our published changes. Unless explicitly stated otherwise, any new features provided by Voxvalley that augment or enhance its Products and Services shall be subject to these Terms of Use.
Privacy Policy:
Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please review our Privacy Policy carefully. Our Privacy Policy is updated to ensure compliance with all applicable laws. By using this Website, you agree to be bound by the terms of our Privacy Policy.
Intellectual Property:
You acknowledge that all materials in and at the Website and the Micro Portals, including the Website’s designs, trademarks, service marks, logos (the “Marks”), graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Voxvalley and/or its licensors, and are subject to and protected by applicable intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. Voxvalley authorizes you to view and download the Materials only for internal use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Voxvalley. Voxvalley Marks contained or described at our Website and its Micro Portals are the sole property of Voxvalley and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Voxvalley. Voxvalley reserves the right to enforce its intellectual property rights to the fullest extent of the law.
You may not support, nor allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Website or its Micro Portals or Products or Services for any purpose whatsoever.
Authorized User of Voxvalley Services:
You may use our Services to develop your software applications or website (an “Application”) that interfaces with the Voxvalley’s Products or Services and allow access to its Micro Portals, subject to adherence with these Terms of Use. You hereby acknowledge that Voxvalley may change, deprecate or republish from time to time its Products and/or Services, and that it is your responsibility to ensure that calls or requests you or your Applications make via Voxvalley Micro Portals are compatible with then-current Products or Services. We will attempt to inform you of any material changes with reasonable notice so that you can adjust your Application, but we are under no obligation to do so.
For the avoidance of doubt, your use of the Website is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through use of our Website, these Terms of Use or otherwise. All Marks, including domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Website remain the property of Voxvalley or its affiliates or licensors.
Lawful Use of the Website
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. By accessing the website, you warrant and represent to us that you are legally entitled to do so and to make use of information available via the website. Voxvalley is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website) and any material (whether submitted by you or any other user) which is not endorsed, reviewed or approved by Voxvalley. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may include, but not limited to: Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; Post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Voxvalley’s and/or a third Party’s computer system and/or network; Violate any copyright, trademark, other applicable Singapore or international laws or intellectual property rights of Voxvalley or any other third Party; Submit contents containing marketing or promotional material which is intended to solicit business. External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. The use or reliance on any external links and the content thereon provided is at your own risk.
Downtime and Security:
Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; (c) in the event of a violation by you of the Voxvalley Authorized Use Policy (https://voxvalley.com/acceptable-use-policy/); or (d) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. Voxvalley shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all audio recordings associated with your account. Subject to any terms as documented in a written addendum hereto, Voxvalley will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content.
Fees:
Fees shall be applicable as per the Terms of Service connected with the respective products or services and as per the fee prescribed in the portal or as per communication sent to you by Voxvalley
To the extent the Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans are set forth at the respective Micro Portal. You agree to pay any carrier costs, such as fees for porting your existing telephone numbers into or out of the Services. Voxvalley reserves the right to increase or add new fees to any of its Services without advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you. You are responsible for any charges imposed on Voxvalley by a carrier related to government fees for telecommunications, including but not limited to, Universal Service Fund fees, if applicable. You are responsible for any charges to be imposed due to any penalties, charges, fines that Voxvalley may have been charged by a carrier or any other government/regulatory agencies.
Any Voxvalley account usage that occurred due to fraudulent attack(s) on your website or application will be your own responsibility. Voxvalley has no liability or responsibility towards any such attacks or traffic. Further, all costs related to usage of services in such a scenario will need to be paid for in full by you. Voxvalley will provide reasonable assistance that you may require for any legal verification that is within its responsibility and ability to do so. In such a scenario, this can affect the credit rating of your Company and any special privileges that Voxvalley may be offering to your Company. Some of the Voxvalley services will require a verified address prior to service activation. In the event of any information request from a law enforcement authority or the end Carrier, You will need to provide such information within a 24 hour period. You will be responsible to ensure that the end-user information is compliant with service restrictions applicable. Voxvalley is not under contractual obligation to provide any subpoena or legal documentation while requesting for additional information.
Third Party Sites:
Links to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Voxvalley does not control or endorse any third party websites. You agree that the Voxvalley Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Voxvalley expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Upon using Voxvalley services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names and the like, for the purpose of promoting and / or advertising your use of Voxvalley services. In addition, Voxvalley may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers.
You may be prompted to create a username and password to use certain features of the Website or its Micro Portals for usage of the Products and/or Services of Voxvalley. Voxvalley will use this information solely as authorized by you as pursuant to these Terms of Use or explicit authorization, and subject to our Privacy Policy. You are responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Voxvalley of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website or its Micro Portals, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Voxvalley. Voxvalley cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Use of the Services is further conditioned upon adherence to Voxvalley’s Acceptable Use Policy which is hereby incorporated by this reference. Voxvalley reserves the right to suspend or otherwise terminate the Services upon any violation by you, your agents or your customers of the AUP.
Content:
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the Website and its Micro Portals is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through Micro Portals.
For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or its Micro portals.
Your Representations and Warranties:
You represent and warrant that you will not use the Services or your Application in a manner that violates these Terms of Use. You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of your Application and Content, including without limitation, the accuracy, appropriateness and completeness of your Content; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Application and your Content; (iii) that neither your Application nor Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Application nor Content contains any harmful components; and (v) that Voxvalley is not responsible to you for indemnification or directly to any of your customers or clients if you offer services (including your Application(s)) based on the Voxvalley’s Products or Services. You also represent and warrant that you are responsible for any charges incurred by your use of the Application, no matter whether the Application acted in error or due to any fraudulent attack on your website or Application.
Limited Warranty and Disclaimer
The Services and contents are provided “as-is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, quality (e.g. at to latency and throughput), and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our suppliers, partners and licensors, and each of our and their respective officers, directors, employees, and agents, do not warrant (and hereby expressly disclaim all warranties) that:
Voxvalley Pte Ltd shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by your or any third Party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third Party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Indemnification:
Indemnification. You agree to indemnify, defend and hold harmless the Voxvalley against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website and its Micro Portals, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, violation of the AUP by you, your end-user customer or any third party agents or affiliates, or termination of your access to the Website. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You shall defend and indemnify us, our affiliates, suppliers, and partners, and each of our and their respective employees, contractors, directors, officers, and representatives from and against any and all damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses, including without limitation reasonable attorney’s fees and costs, that arise from or relate to: a. your user content, b. your use or misuse of, or access to, the Services or content, and/or c. your violation of these Terms of Use, or violation or infringement by you, or any third Party using your Account, of any intellectual property, privacy, or other right of any person or entity. We agree to promptly notify you of any such claim, to permit you to control the defense and/or settlement thereof (except to the extent such claim relates to our platform, other Services, or intellectual property or other rights, in which case we reserve the right to assume the exclusive defense and control of such matters and you will assist and cooperate with us in asserting any available defenses). Any relevant Terms of Use, Policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principle of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Singapore in respect of any disputes arising in connection with the website, or any relevant Terms of Use, Policies and notices or any matter related to or in connection therewith.
BETA SERVICES:
From time to time, we may make available to You, Alpha or Beta Services, Products, Features, Functionality, API’s, SDKs or Documentation (“BETA SERVICES”).
BETA SERVICES may contain bugs, defects and may not meet any service levels or operate without any service downtime. BETA SERVICES are provided to you “AS IS”, and are not considered under the scope of this Agreement. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. We may suspend or terminate your access to or use of any BETA SERVICES at any time and for any reason. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. You may choose to try such Beta Services in Your sole discretion.
You further understand and agree that you will have use of the telephone number(s) that are provided as part of the Services only until the end of the Term. You understand and agree that Voxvalley is the customer of record for all telephone number(s) provided as part of the Services and, therefore, Voxvalley has certain rights with respect to porting of the number(s) (“Porting” is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), Voxvalley owns the telephone number(s) assigned to you. Voxvalley reserves the right to refuse to port any telephone number(s) in its sole discretion. You will need to pay in full all outstanding balances on your Voxvalley account(s) prior to Voxvalley initiating any Porting requests.
You represent and warrant that you have read and understood these Terms of Use, and you agree to abide by their terms, where applicable, including as incorporated by reference herein. You further agree to abide by all applicable local, state, national, foreign and international laws and regulations and that you will be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
Disclaimers and Limitations of Liability;
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND ITS MICRO PORTALS IS AT YOUR SOLE RISK. THE WEBSITE, THE MICOR PORTALS AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, VOXVALLEY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VOXVALLEY”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VOXVALLEY MAKE NO WARRANTY THAT: (I) THE WEBSITE OR ITS MICROPORTALS WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE AND ITS MICROPORTALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR VOXCPAAS WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE OR ITS MICRO PORTALS WILL BE CORRECTED. THE VOXVALLEY SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE and its Micro Portals, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE, and its Micro Portals OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOXVALLEY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE AND its Micro Portals WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, MAXIMUM LIABILITY OF THE VOXVALLEY ARISING UNDER THIS AGREEMENT FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN 30 DAYS IMMEDIATELY PRECEDING THE PURCHASE OF ANY PRODUCT, INFORMATION OR SERVICE FROM VOXVALLEY WHICH GAVE RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE WEBSITE AND its Micro Portals DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES. NEITHER VOXVALLEY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE VOXVALLEY OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
Applicable Law, Jurisdiction, Dispute Resolution and Arbitration:
Your use of the Website and its Micro Portals is governed by and will be enforced under the laws of Singapore without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located at Singapore. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU AND VOXVALLEY BOTH AGREE TO RESOLVE DISPUTES INITIALLY BY MEDIATION BETWEEN MANAGEMENT OF BOTH PARTIES AND IF THAT FAILS THEN BY WAY OF ARBITRATION. YOU AND VOXVALLEY ALSO BOTH AGREE THAT:
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, may be referred to and finally resolved by sole arbitrator appointed by Voxvalley following the arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The place and seat of the arbitration shall be Singapore. The language of the arbitration shall be English.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE.
IF EITHER YOU OR VOXVALLEY INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST THIRTY (30) DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VOXVALLEY SHOULD BE SENT AS REQUIRED BY THESE TERMS OF SERVICE. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND VOXVALLEY ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN THIRTY (30) DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
Procedure for Notifying the Company of Copyright Infringement:
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
The aforementioned information can be submitted via our support portal at https://www.voxvalley.com/contact/support
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
Miscellaneous:
These Terms of Use constitute the entire and only Terms of Use between Voxvalley and each user of the Website with respect to the subject matter of these Terms of Use.
If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Voxvalley Parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
No action arising out of this Terms of Use or your use of its Micro Portals, regardless of form or the basis of the claim, may be brought by you more than Seven (7) days after the cause of action has arisen (or if multiple causes, from the date of first such cause arose).
Please see our Privacy Policy page for more info.
Customer Service.
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, you may reach us through our support page.
Reporting vulnerabilities:
We take the security of our systems seriously and we also value the developer community. Our responsible disclosure policy promotes the discovery and reporting of security vulnerabilities to help us ensure the security and privacy of our users. If you are a security researching please follow the guidelines and steps below to report vulnerabilities.
Guidelines
We require all security researchers to:
Scope
Voxvalley.com and its subdomains
Out of Scope
Any services hosted by Third party providers and services are excluded from scope.
In the interest of the safety of our users, staff, the Internet at large and you as a security researcher, the following test types are excluded from the scope:
Things we do not want to receive AND you should NOT submit to us
Under no circumstances should the following information of individuals be submitted including but not limited to Voxvalley customers and employees:
How to report a security vulnerability? If you believe that you have found a security vulnerability in one of our products or platforms, please send it to security@voxvalley.com and include the following details with your report:
Description, and potential impact of the vulnerability;
A detailed description of the steps required to reproduce the vulnerability. If possible, please include POC scripts, screenshots, and compressed screen captures, as they will be help us identify the issues more quickly.