Voki & Voki Classroom Terms and Conditions of Use

Welcome to Voki! It is important that you review our terms and conditions along with our Privacy Policy. The terms of using the site may change from time to time and you should keep apprised of any changes made.

The Voki product is provided for your personal, non-commercial use only. This means that you may not use Voki to sell a product or service, or to increase traffic to your website for commercial benefit. You may also not use Voki if you are a for-profit business, or if your website is used for generating revenue for your business. If you are a for-profit educational institute, you must contact Oddcast and request permission to use Voki in your curriculum.

1. GENERAL

These terms and conditions of use ("Terms of Use") set forth herein apply to the Voki web site (www.voki.com) and all of its pages and subdomains (the "Web Site") and the Voki talking avatar product ("Voki"), which is owned, operated, licensed, and/or controlled by Oddcast Inc. ("Oddcast", "We"), the main homepage of which is located at www.oddcast.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING VOKI.

By using, accessing or browsing through this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that Oddcast reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the following URL: http://www.voki.com/tos/ to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.

This site is a general audience site which is neither designed nor intended to collect personal information from children who are under the age of 13. In order to ensure compliance with the provisions of the Children's Online Privacy Protection Act (COPPA) children under the age of 13 should not provide any personal information to this site. We ask that parents supervise their children while online.

Voki Classroom, a paid service, enables the account administrator (usually a teacher) to create student login, without providing student email addresses, or any personal contact information for students. Since there is no collection of personally identifiable, or personal contact information, there is no need for age restriction on the use of Voki Classroom by students.

2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Web Site or available through it ("Materials") are the property of Oddcast or its licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation;

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of Oddcast copyright and other proprietary (including intellectual property) rights.

3. PATENTS

Without limiting any of the foregoing or hereunder, Oddcast or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Oddcast and/or its licensors and/or affiliates reserves all such rights.

4. TRADEMARKS

Without limiting any of the foregoing or hereunder, Oddcast®, the Oddcast logo, Voki, as well as other names and marks so notified in the Web Site are trademarks of Oddcast, Inc. ("Oddcast Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Oddcast and/or respective holders.

You may use Oddcast Marks or product names to refer to Oddcast products and services, provided you follow the following guidelines whenever Oddcast Marks appear:

  • Your use of Oddcast Marks must not mislead consumers or imply as to any Oddcast sponsorship, affiliation, or endorsement of your company, or your products or services.
  • You should not use Oddcast Marks, or any other trademarks, service marks, logos, or trade names of Oddcast, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
  • At least upon the first occurrence of each of the Oddcast Marks, the ™ symbol shall appear.
  • In any material in which the Oddcast Marks appear, a notice in the following format will be added: "Oddcast, Oddcast logo, [any names of additional Oddcast Marks you use, for example: Voki™ is a trade mark of Oddcast".
  • All Oddcast Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Oddcast, without any variations of same.

These guidelines are not a definitive statement of proper brand and trademark use. Oddcast reserves the right to oppose any uses of Oddcast Marks that Oddcast, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Oddcast further reserves the right to revise these guidelines at any time, without notice.

5. CONTENT, PRODUCTS AND SERVICES INFORMATION

All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and Oddcast reserves the right to make changes without notice to processing, materials, or configuration.

YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.

All information and Materials on the Web Site or made available therefrom is subject to the disclaimers of section 12 below.

6. RESTRICTED SECTIONS

Access to some areas on this Web Site is restricted to registered Voki users ("Registered User(s)"), who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Registered Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.

You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. Oddcast shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify Oddcast of any unauthorized use of your user ID and password.

7. SUBMISSIONS OF MATERIALS

Except as may be otherwise provided in a separate written agreement between you and Oddcast you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, arts, original or creative materials or other information, provided by you in the form of email or submissions to Oddcast, or postings at this Web Site, are non-confidential and shall become the sole property of Oddcast to the fullest extent permitted by applicable law. Oddcast shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Oddcast from becoming the sole owner of any such property, then this provision shall be effective as granting to Oddcast (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

8. VOKI CREATION, INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT

The website located at www.voki.com (the "Voki website") allows users to create customized speaking characters ("Voki"). The Voki website provides users with pre-recorded audio options, but users can also use their own audio content using our text-to-speech tool or by recording their voice or other audio using our record by phone recording tool if provided or a microphone, or by uploading a digital audio file. Under no circumstances will Oddcast or its partners and affiliates be liable in any way for any user-provided content included in a Voki character created using the Voki website, including, but not limited to, any errors or omissions in such content, or any loss or damage of any kind incurred as a result of the review and/or use of such content. Under no circumstances will Oddcast or its partners and affiliates be liable in any way for claims arising from any use of the Voki website that is not explicitly permitted under these terms of use.

When a user selects to email a Voki to a friend or to themselves, the user is prompted to enter the recipient's email address. The email is deemed to be a non-commercial person-to-person communication. Under no circumstances will Oddcast or its partners and affiliates be liable in any way for claims of sending unsolicited commercial email.

"Interactive Area(s)" shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.

If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful.

You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent;.

Oddcast is not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. Oddcast reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. Oddcast reserve the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The Interactive Areas shall be used by users only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

9. VOKI MOBILE DOWNLOAD APPLICATION

The Voki Mobile Download feature ("Mobile Download") allows users to download their customized speaking characters ("Voki") to their wireless device.

When a user selects to download a Character to his/her wireless device, he/she will be prompted to enter his/her wireless phone number into the Builder and to select a check-box indicating that he/she has read and agrees to the terms and conditions associated with the download. Under no circumstances will users be permitted to use the Builder to download a Character to a wireless device other than their own.

10. PRIVACY

Unless otherwise explicitly stated herein or in the Privacy Policy, any non-personal information or material sent to Oddcast will be deemed NOT to be confidential. By sending Oddcast any non-personal information or material, you grant Oddcast an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Oddcast is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

To learn more about how Oddcast protects your personal information, such as your name and address, please refer to the Oddcast Online Privacy Statement.

11. LINKING TO THE WEB SITE

Unless you have a written agreement in effect with Oddcast which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Oddcast is affiliated with any person or entity, or that Oddcast otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with Oddcast name and trademarks; (c) all links to the Web Site must "point" to the URL "www.oddcast.com" and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.

Without limiting any of the above, Oddcast reserves the right to revoke its consent above to the providing of any link to the Web Site, at any time in its sole discretion.

12. DISCLAIMER

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ODDCAST DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

ODDCAST DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ODDCAST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL ODDCAST, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ODDCAST.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify and hold Oddcast and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.

15. THIRD PARTY'S CONTENT

To the extent that the Web Site contains links to outside services and resources, Oddcast does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Oddcast.

16. NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of Oddcast, constitute or imply an endorsement, recommendation or favoring by Oddcast. Oddcast makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.

17. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Oddcast is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property violations on this Web Site or on our servers should be addressed to: Gally Perry via ip@oddcast.com or by mail to 25 W36th Street, 5th Floor, New York, NY 10018; or by phone (212) 375-6290 or facsimile: (212) 375-6291.

By posting software or other content to this site, you warrant to Oddcast (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.

Oddcast will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, Oddcast will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Oddcast will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or content. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this Web Site.

18. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

Oddcast reserves the right to limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

19. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, and submitted to the exclusive jurisdiction of the Courts in the Southern District of New York. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and Oddcast with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Oddcast may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by Oddcast of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

 
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