Welcome to Voki! Our Voki line of products are 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.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING VOKI.

1. GENERAL

These terms and conditions of use (the "Terms") set forth herein and our Privacy Policy apply to the Voki website, the Voki mobile application, and any other Voki talking avatar product (collectively, "Voki"), which is owned, operated, and licensed by Oddcast Inc. ("Oddcast", "We").

By using, accessing or browsing through Voki, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use, access or browse Voki. Please note that We reserve the right, at our sole discretion, to change any or all portions of these Terms at any time. The date of the last change to these Terms appears below. Your continued use of Voki shall be deemed as acceptance of any such change.

2. VOKI MATERIALS

All content, product information, software, documentation and/or materials posted on Voki or made available through it by us ("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. Specifications for products and services are subject to change without notice, and we reserve the right to make changes without prior notice.

Other than as specifically set forth herein, no transfer or grant of any rights is made or is to be implied by any provision of these Terms. You agree not to infringe upon all the above rights.

3. OWNERSHIP OF YOUR VOKI CREATIONS AND POSTINGS; USER CONDUCT

The ownership of content created by our users as part of Voki shall remain the property of its original creator, and we do not and will not claim any ownership over such content. Bear in mind that you shall remain responsible for any content that you choose to use as part of Voki, and we will not be liable in any way for any user-provided content included in Voki.

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.

You expressly agree that you will not use Voki in order to create any content 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) is 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 Voki, other accounts, computer systems or networks connected to Voki; (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;.

We are not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity through Voki. We reserve the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms. We reserve the right to edit or delete any public posted materials created through Voki, regardless of whether such material violates these standards for content.

4. REGISTERED USERS

Certain Voki features and capabilities are only available for registered or premium Voki users. Bear in mind that when you do register and create your own username and password that you bear the sole responsibility for (1) maintaining the strict confidentiality of your own username and password (2) any account activity due to your failure to maintain the strict confidentiality of your username and password. You agree to immediately notify us of any unauthorized use of your username and password.

5. PRIVACY

To learn about how we use, collect and protect your personal information, please refer to our Voki Privacy Policy

6. DISCLAIMER; NO WARRANTY

THE VOKI MATERIALS 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.

WE DO NOT WARRANT THAT THE MATERIALS AND ANY CONTENT DISPLAYED OR OTHERWISE AVAILABLE THROUGH VOKI WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT VOKI IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE, 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 VOKI, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY ODDCAST.

8. INDEMNIFICATION

You agree to defend, indemnify and hold us and anyone on our behalf, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' 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.

9. THIRD PARTY CONTENT

To the extent that Voki 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.

Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties through Voki, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Oddcast.

10. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

We are 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 made through the use of Voki should be addressed to: ip@oddcast.com or by mail to 25 W 36th Street, 5th Floor, New York, NY 10018; or by phone (212) 375-6290 or facsimile: (212) 375-6291.

We will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, We 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. We 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.

11. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

We reserves the right to limit or revoke your access to this Voki, in our sole discretion, at any time, and for any reason, including, but not limited to technical difficulties, non-usage or the violation of these Terms.

12. GENERAL

These Terms 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 is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms. This is the entire agreement between you and us with regards to the subject matter herein and these Terms shall not be modified except as provided herein. We may assign these Terms, in whole or in part, in our sole discretion.