Terms of Use

Welcome to Voynetch!

These Terms of Use govern your use of the website and service of Voynetch (“Voynetch Services”) and provide information about the Voynetch Service, outlined below. When you create an Voynetch account or use Voynetch, you agree to these terms. 

The Voynetch Service is one of the services provided by Sociomedia, Inc. These Terms of Use therefore constitute an agreement between you and Sociomedia, Inc. 

If you belong to any organization, such as a company, and use Voynetch Services as use by said organization, you shall warrant that you have the authority to agree to the Terms of Service on behalf of the organization and to bind the organization to the Terms of Service. In this case, “you” refers to the organization to which you belong.

You may use Voynetch Services to the extent that you have the authority to enter into an agreement with the Company and are not prohibited from entering into an agreement under any applicable laws.

You must subject to an age restriction to use Voynetch if the country or region where you live has it.

1. User Registration

(1) After you complete a user registration, the Company will issue an account to you, whereby you may use all of Voynetch Services.


(2) You shall provide correct and true information for necessary items, such as an email address and a password, to complete a user registration. You shall not register any false information or use a false identity. You shall promptly update the information if there is any change in the user registration information.


(3) If the Company considers that you fall under any of the following items, the Company may, at its own discretion, delete your user account without prior notice to you. The Company shall not be liable for any damages caused by your inability to use Voynetch Services.

(a) You may fail to comply with the Terms of Service such as the case where it is revealed that you have been disqualified from membership of any other membership service;

(b) Your user registration contains any false statement or any third party information, or the possibility thereof cannot be denied;

(c) You are an organized crime group or a member thereof or in close alliance with them, or the possibility thereof cannot be denied;

(d) Your use may cause trouble to any other user or to society or use of Voynetch Services as a form of inducement or means of any conduct against public order and morals or criminal acts; or

(e) In addition to those stipulated in the preceding items, you breach the Terms of Service.

2. Public Viewing of Content

(1) By your using Voynetch Services, the video files and their information (hereinafter collectively referred to as the “Content”) that you have posted (uploaded) to Voynetch Services are automatically made for public viewing on Voynetch Services and become accessible to any third party. If you have posted the Content, you shall be deemed to have agreed that the Content is made for public viewing.



(2) You are responsible for determining whether to post the Content. 
You shall refrain from posting any Content which you do not desire to be made for public viewing, such as videos pertaining to your privacy.
Any person from young to old and both male and female, and any person in any area around the world can view Voynetch Services. You shall refrain from posting any content which falls under any of the items described in “8. Prohibited Acts.”

(3) The Company shall not be responsible for any matter arising from your posting Content to Voynetch Services.


3. Use of Content

(1) By using Voynetch Services, you will provide the Content to the Company which you have posted to Voynetch Services; however, any copyright in your Content shall continue to vest in you and shall not be transferred to the Company except for the case stipulated in item (4) hereof.


(2) We do not claim ownership of your content, but you grant us a license to use it.The Content posted by you may be used by the Company for the purpose of using for Voynetch Services or for any business associated with Voynetch Services (hereinafter collectively referred to as the “Voynetch Services Purpose”). At the time you post your Content, you shall grant a license to the Company to make reproduction, modification, uploading or any other use under the Copyright Law of said Content for Voynetch Services Purpose. You shall grant a license to the Company to perform any business using said Content for Voynetch Services Purpose. 
The license granted by you to the Company shall include the right to grant a sublicense to any third party to make any use of the Content for Voynetch Services Purpose. 
In addition, the license granted by you to the Company shall not be subject to any limitation on territory, obligation to make copyright notice and any other associated terms and conditions.
You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy or contact us.

(3) The Company or any third party to which the Company granted a sublicense to use the Content may use or make public the Content on Voynetch Services. In this case, you shall acknowledge that the Content may be subject to any modification, such as excerption, size change or clipping. You shall also acknowledge that the Company may indicate the account name that you used at the time of posting the Content or other registered matters when the Company uses the Content.


(4) Posting of the Content to be posted upon the request of the Company or any affiliated company of the Company may be conditioned upon that you shall transfer copyright therein to the Company or said affiliated company of the Company. In this case, the provisions of the preceding items (1) through (3) shall not apply. If you intend to respond to the request for posting, you are requested to carefully read the conditions of application therefor.

4. Privacy

The Company shall handle your personal information pursuant to the Privacy Policy. By using Voynetch Services, you shall be deemed to have agreed that the Privacy Policy applies to the use of your personal information. Please confirm the Privacy Policy in using Voynetch Services.

5. Respect for Other’s Copyrights and Your Responsibility

(1) As stipulated in Paragraph 2, any Content which is posted on Voynetch services is automatically made for public viewing on Voynetch Services and becomes accessible to any third party. Your act of posting any content whose copyright is owned by any third party shall not be deemed to constitute private use by you. You shall not post any content whose copyright is not owned by you without permission of the copyright holder thereof. You shall be fully responsible for your copying, sharing, transmitting and uploading or otherwise during your use of Voynetch Services and the Company shall not be held responsible for any event therefor.

(2) You shall not engage in any conduct that infringes any right of other users, such as unauthorized use of the Content posted by another user of Voynetch Services outside the scope of a license granted under Voynetch Services.

(3) The Company shall not be responsible for monitoring the information on Voynetch Services. The Company shall not be liable for any damage incurred by you because of use by the Company, any user, other than you, or third party of the Content posted by you. The Company shall not be responsible for correctness, completeness, appropriateness, or legality of the Content and any other information to which you may access by using Voynetch Services.


6. Report on Copyright Infringement

(1) The Company respects the intellectual property rights of any third party and considers that you will likewise respect the rights. The Company shall respond to any notice alleging copyright infringement that is in compliance with the laws and properly submitted to the Company. Such a notice shall be made following the Company’s NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.


(2) The Company shall reserve any right to delete or invalidate the allegedly infringing Content and to suspend your use of Voynetch Services if the Company deems the manner of your infringement is malicious.
The Company shall not be liable for any damage incurred by these measures taken by the Company.

7. Security of Account

(1) You shall be responsible for protecting your password that you use in accessing Voynetch Services. In addition, you shall agree not to disclose your password to any third party. You shall be responsible for any activities performed using your account, regardless of whether you have permitted such activities or not. You shall promptly notify the Company of any unauthorized use of your account.


(2) You shall not share your user account with any other party in using Voynetch Services. Any use of your user account shall be deemed to be use by yourself and you shall assume any and all obligations and responsibilities arising from use of your user account, regardless of whether such use is made by yourself or not.


8. Prohibited Acts

You shall not engage in any of the following acts in using Voynetch Services. If the Company deems that any Content posted by you falls under any of the following items, the Company may immediately delete such Content. In addition, if the Company deems that you engage in any of the following acts, the Company may temporarily suspend or delete your user account for Voynetch Services.

(a)Act of infringing copyrights, rights of publicity or other intellectual property rights, property, privacy or otherwise of any other user or third party;

(b)Act of applying again for admission after being forced by the Company to withdraw from the membership;

(c)Act of inviting to the Service any person who was forced by the Company to withdraw from the membership;

(d)Act of slander or libel of any other user or third party.

(e)Act of soliciting or inducing suicide or self-injury behavior;

(f)Act that constitutes or may constitute a criminal act, inducement of a crime, preparation of a crime, or act used for a crime;

(g)Act of infringing any human right, such as racial or ethnic discrimination, abuse and bullying;

(h)Act against public order and morals, such as posting of obscene videos;

(i)Posting of any pornographic or adult information;

(j)Posting of any video that is deemed or may be deemed to be violent under commonly accepted norms;

(k)Act that violates or may violate any laws and regulations;

(l)Act that interferes or may interfere with the operation of Voynetch Services and the Company, or damages or may damage the credibility of the Company;

(m)Election campaign or religious activity or act for such purposes;

(n)Act that is against or may be against national security; or

(o)Act of using Voynetch Services by disguising yourself as the Company and any of its affiliated companies or any other third party.


9. Suspension and Discontinuation of Voynetch Services

(1) The Company shall be entitled to suspend or temporarily discontinue or change all or a part of Voynetch Services without prior notice to you if:

(a)the Company performs inspection or maintenance work for the computer system related to Voynetch Services on a regular or emergency basis;

(b)the computer system, communications lines or otherwise related to Voynetch Services do not operate or the Company deems is not likely to operate under normal and secured conditions because of any trouble that occurred to them;

(c)the Company deems it difficult to operate Voynetch Services because of fire, power failure and national disaster; or
(d)the Company deems it necessary to shut down or discontinue Voynetch Services because of business circumstances, economic status or otherwise.


(2) Voynetch Services may be subject to change as a result of future improvement or addition of functions.


(3) The Company shall not be liable for any damage caused by any measures stipulated in items (1) or (2) hereof taken by the Company.

10. Loss of Data

The Company shall strive to manage any data exchanged through Voynetch Services in a secure manner; provided, however, that the system or data may be lost because of accidental troubles to the system. The Company shall have neither obligation to make a backup of the data, including the posted Content nor to repair the lost data, and shall not be liable for any damage caused by the damage or loss of your data. 


11. Collaboration with External Services

(1) Voynetch Services may provide services collaborated with external services that are operated by third parties, such as Twitter (http://twitter.com/), Facebook (http://www.facebook.com/) and Instagram(https://instagram.com/), and Voynetch Services. You shall use the external services at your own responsibility and the Company shall not be liable for any damage incurred in connection with the use of the external services.


(2) You shall comply with the Terms of Use or otherwise of the external services on your own responsibility in using the external services.

12. Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).

The Services and all images, software, platforms, tools, graphics, data, text, code, and other content and materials available on the Services (excluding User Content) are the property of Voynetch or its third party licensors. They are protected by Japan and international intellectual property laws.

You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

13. Disclaimer

(1) The Company shall make no warranty with respect to the reliability and correctness of the details of the Content which are posted through Voynetch Services. Voynetch Services and the posted Content may include a link to other Content, however, the Company shall not be responsible for the utility of such Content or any loss or damage incurred therefrom.


(2) The Company shall not be liable for any damage arising out of the deletion of the user account, posting and other Content, or the discontinuation, suspension, or cessation of any services, in accordance with the provision of the Terms of Service. The Company shall also not be liable for any other damage incurred by you or any third party in connection with the use of Voynetch Services.


(3) The Company aims to provide excellent services but is unable to make certain promises about the services. For example, Voynetch Services and the Software are provided on an as is basis at your own risk without express or implied warranty or without conditions of any kind. Furthermore, the Company disclaims any warranty for merchantability, fitness for particular purposes, or non-infringement. The Company shall not be liable for any damage to your computer system, loss or damage of data, or any other damage, arising out of access to or use of Voynetch Services or the Software.

14. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, or its affiliated companies, or their respective directors, employees, agents, suppliers or licensors (hereinafter referred to as the “Company’s Related Parties”) be liable for (a) any and all indirect, special, incidental, punitive or consequential damages, including loss of use, loss of data, loss of business, and loss of profits (irrespective of legal theory and even if the Company or the Company’s Related Parties have been advised of the possibility of such damage, and even if the remedy has failed of its essential purpose), and (b) such portion of total liability for all claims for Voynetch Services that exceeds the amount of fifty U.S. dollars (U.S.$50.00).

15. Amendment

The Company may amend the Terms of Service from time to time. The latest version of the Terms of Service shall be posted on this Website at all times. If the Company deems that the Terms of Service are materially amended, the Company shall so notify you (for example, by sending an e-mail to the email address pertaining to your account). Any other amendment shall be posted on the page for the Company’s website of the Terms of Service, so you are advised to check such pages on a regular basis. If you continue to access or use Voynetch Services after amendment becomes effective, you shall be deemed to have agreed to be bound by the amended Terms of Service. Unless you agree to the new Terms of Service, you must cease to use Voynetch Services.

16. Miscellaneous

(1) The Terms of Service and the use of Voynetch Services and the Software shall be governed by the laws of Japan, without reference to principles of conflicts of laws. The Tokyo District Court shall have exclusive jurisdiction over any claims arising in connection with the Terms of Service or Voynetch Services or the Software and each party agrees to submit itself to such venue and personal jurisdiction. The Terms of Service constitute the entire and exclusive agreement between you and the Company concerning Voynetch Services and supersede and replace any other agreement and conditions applicable to Voynetch Services.

(2) The Company’s failure to exercise any provision of the Terms of Service shall not be deemed to be a waiver of the Company’s right to exercise such provision in the future. Even if any provision of the Terms of Service is found to be unenforceable, the remaining provision thereof shall remain in full force and such unenforceable provision shall be replaced with an enforceable provision that reflects the intention of the parties as much as possible.


(3) You shall not transfer any rights under the Terms of Service; provided, however, that the Company may transfer its rights to its affiliated companies, subsidiaries or the successors to ownership of the business related to Voynetch Services.