Voisey Terms of Service
Effective: May 11, 2021
Welcome to Voisey!
Voisey is a mobile music creation app and community for creators (“Voisey” or “App”). Voisey provides users with access to instrumental backing tracks (‘beats’) and vocal effects to make studio quality recordings and videos (‘voiseys’). We refer to beats, voiseys and other content created by you or our community as User Content and content made available by us is called App Content. We offer a range of features that allow you to collaborate with other users in the App, share voiseys to other social channels or messaging apps (“Sharing Functionality”), and download them as video files. For example, your User Content may be used by other users of the App to themselves create new User Content (“Secondary User Content”) and such Secondary User Content is also considered User Content.
These Terms of Service (which we call the “Terms”) govern the rules of our relationship and you agree to them by using Voisey or any of our other products, services or websites that link to these Terms (we refer to these collectively as the “Services”). Also, by using the Services, your User Content may also be distributed through the services of our business partners, our affiliates (including, without limitation, Snap Inc.), and the business partners of our affiliates.
We understand legal documents can be confusing and difficult to read, that’s why we avoid legalese as much as possible in these Terms. Having said that, these Terms still form a legally binding contract between you and Voisey Entertainment Limited (“we” or “us” or “our” or “Voisey Ent.”), so you will find some typical legal clauses in these terms, so make sure to read them carefully, and if you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS OR IF YOU RESIDE IN THE UNITED STATES, THEN YOU OR YOUR BUSINESS (AS APPLICABLE) WILL BE BOUND BY THE APPLICABLE DISPUTE RESOLUTION CLAUSES THAT APPEAR LATER IN THESE TERMS.
Before going into the details, we thought it would be helpful to start with a summary of some of the key elements of these Terms:
- You own the copyright in the beats you upload and voiseys you create, assuming of course that you are the rightful copyright owner and comply with applicable laws. Learn more.
- We grant you a license to use our Services, this means you can use our App, create an account, interact with other users etc.
- You grant us, our affiliates and business partners a license to use your beats and voiseys. We need this license to show your User Content on Voisey, enable other users to interact with it, share it on other platforms (such as Snapchat), and give a wide audience access to your User Content
- We respect your copyright, and we ask that you respect the copyright of other users. In other words, be creative and create your own work.
- Your beats and voiseys will be taken down if they infringe on third party rights.
- We want Voisey to be a safe and creative place for all users, that’s why we ask you to respect our community and safety guidelines, and comply with all laws and regulations.
- No one under the age of 13 may use our Services.
- We want our users to know their rights, that’s why we’ve created a frequently asked questions page, and if you can’t find the answer to your question, just contact us.
1. Who can use Voisey?
No one under the age of 13 is allowed to create an account or use the Services. By using the Services, you state that you can form a binding contract with Voisey Ent. and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Intellectual Property Rights
We’ll use the term "Intellectual Property Rights" to refer to all intellectual property rights whatsoever at any time, including without limitation all copyrights, rights in works of authorship, patents, trade marks, trade secrets, etc.
When it comes to our Intellectual Property Rights, Voisey Ent. owns and will retain all title, ownership rights and other Intellectual Property Rights in and to the App, the Services and App Content generated and provided by us. Our business partners own and will retain all title, ownership rights and other Intellectual Property Rights in and to the App Content generated and provided by those business partners.
You, and/or the third party that has given you permission to upload your User Content, own and will retain all title, ownership rights and other Intellectual Property Rights in User Content uploaded through the Services by you (including, for example, copyright ownership in your beats), subject to the licences granted in section 4 below.
3. Rights we grant you
We licence the App and the Services for your use subject to these Terms only. We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow. Except for the limited rights and licences expressly granted under these Terms, nothing in these Terms grants you or any third party any Intellectual Property Rights (or any other right, title, or interest) in or to the App or the Services. We reserve all rights not expressly granted to you in these Terms. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
4. Rights you grant us
When you upload User Content through the Services, you grant to us, our business partners, our affiliates, and the business partners of our affiliates, an unconditional, irrevocable, non-exclusive, fully transferable, sub-licensable, royalty-free, perpetual, worldwide licence to: (a) use, host, store, analyze, publish, transmit, modify, adapt, edit, display, exhibit, broadcast, syndicate, perform, make derivative works of, create algorithms based on, reproduce and distribute your User Content in any form or format and in any and all media or distribution methods (now known or later developed) and on any platform for any purpose; and (b) use your name, username, voice, image, and likeness for the limited purpose of operating, developing, providing, promoting, marketing, and improving the Services (which may also include the services of our business partners, affiliates, or the business partners of our affiliates), including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from us, our business partners, affiliates, or the business partners of our affiliates, if your name, username, voice, image, or likeness is conveyed through the Services (which may also include the services of our business partners, affiliates, or the business partners of our affiliates).
When you upload User Content through the Services, you grant to other users of the App and the Services, and to the users of the services of our business partners, affiliates or the business partners of our affiliates, a personal, unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to: view, access, download, use, publish, transmit, modify, adapt, edit, display, exhibit, perform, make derivative works of, reproduce and distribute your User Content in any form or format and in any and all media or distribution methods (now known or later developed), either within the Services, the services of our business partners, affiliates, and the business partners of our affiliates, or through the Sharing Functionality, solely for personal and non-commercial purposes.
To the fullest extent permitted by law, you also hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload through the Services. You may remove your User Content from the App at any time, but you hereby grant us, our business partners, affiliates, and the business partners of our affiliates, the right to keep your User Content on the Services (which may also include the services of our business partners, affiliates, or business partners of our affiliates) as long as there are users that have made use of, or are using your User Content, or have created Secondary User Content.
We are happy to facilitate connections and business agreements between our users and others but you agree that any such connections and agreements are strictly between you and the users or others concerned, as applicable, and we will have no responsibility and no liability in relation to any such connections and business agreements (if any).
The App may be supported by third-party advertisers, sponsors and brand partners whose advertisements, branding and promotional content may appear in the App (the “Promotional Content”). You acknowledge that your User Content may appear alongside Promotional Content and/or in Secondary User Content, and that you have no rights to receive any income or other consideration from the use of your User Content uploaded through the Services. You agree that you will have no right to share in any revenue, goodwill or value generated by us from our operation of the App or the Services.
If you are affiliated with any performing rights organizations, societies, labels, publishers, and/or agencies (collectively, “Organizations”), you are responsible for notifying such Organizations of the royalty-free licences you have granted us, our business partners, affiliates, and the business partners of our affiliates, and our other users, and for complying with any relevant reporting obligations to such Organizations. You are solely responsible for ensuring that your use of the App and the Services is in compliance with any contract you may have with any such Organizations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licences set forth in these Terms, or have such music publisher enter into an agreement with us. Just because you authored a musical work does not mean that you have the right to grant the licences set out in these Terms. You acknowledge that you will have no right to receive any income or other consideration from the use of your User Content uploaded through the Services. Nothing in this Agreement authorises you to use any aspect of any musical work or sound and video recording in a manner that is not expressly permitted by these Terms.
5. Notice and Takedown Procedure
If your beats are uploaded to the Services without your authorization, or if any User Content or Secondary User Content uses your copyright protected work without your authorisation, you may submit to us a notice of copyright infringement at email@example.com (a “Submission”). Please consider whether any fair use exceptions may apply when making a Submission. Submissions should only be made by the copyright owner or an agent authorised to act on their behalf. We will take reasonable steps to remove infringing content from the Services that we become aware of. In appropriate circumstances and at our discretion, we reserve the right to disable or terminate the accounts of users of the Services who repeatedly infringe the copyright or Intellectual Property Rights of others.
Your Submission should identify the copyrighted work claimed to be infringed; the beat, User Content or Secondary User Content that you are claiming is infringing, and its location within the App or the Services; your contact information; a statement that the information you have provided is accurate, that you are authorised to act on behalf of the copyright owner, and that you have a good-faith belief the use of the beat, User Content or Secondary User Content infringes the rights of the copyright owner; and include the physical or electronic signature of the copyright owner or an agent authorised to act on their behalf.
6. Rules of Voisey and respecting others' rights
We work to make the Services a safe place for everyone, but we can’t guarantee it by ourselves. That’s where you come in. By using the Services, you agree that:
- you will not use the Services, or enable anyone else to use the the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other Intellectual Property Rights; in a manner that bullies, harasses, intimidates, or defames; or to spam or solicit our users;
- you will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
- you will not use the Services for any purpose that is illegal or prohibited in these Terms, nor will you help anyone else in doing so;
- you may not copy, modify, distribute, buy, sell, rent or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of such software, unless laws prohibit these restrictions or you have our written permission to do so;
- you will not upload viruses or other malicious code or otherwise compromise the security of the Services;
- you will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
- you will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
- you will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- you will not 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;
- you will not probe, scan, or test the vulnerability of our Services or any system or network;
- you will not log in or attempt to access the Services through unauthorised third-party applications or clients;
- you will not use or attempt to use another user’s account, username, or password without their permission;
- you will not solicit login credentials from another user;
- you will not create more than 1 account for yourself;
- you will not create another account if we have already disabled your account, unless you have our written permission to do so;
- you will not share your password; and
- you will not encourage or promote any activity that violates these Terms.
Also, by using the Services, you agree not do any of the following (or enable anyone else to do so):
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by these Terms or in any brand guidelines published by us;
- violate or infringe our copyrights, trademarks, or other Intellectual Property Rights;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; and
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
You agree to comply with the above restrictions at any and all times during your use of the Services. You acknowledge and agree that we have the right, in our sole discretion, to suspend or terminate your access to the Services, or take such other action as we see fit, if you violate any of the above restrictions, or for any other reason.
By using the Services, you represent and warrant to us that all of the following are and will remain true for as long as these Terms apply to you:
- you own all Intellectual Property Rights in your User Content and that all your User Content is an original work by you, or you have received all consents, permissions, and/or authorizations from anyone else (such as other copyright owners), as necessary for you to rightfully grant the licences set out in section 4 and to transmit (and to license us to transmit) the User Content from the App to third-party platforms (which may include the services of our business partners, affiliates, or business partners of our affiliates), including without limitation through the Sharing Functionality;
- your User Content, as made available through the Services (which may include the services of our business partners, affiliates, or business partners of our affiliates), or through the Sharing Functionality, do not and will not infringe or violate the rights of any third party, including, but not limited to, any Intellectual Property Rights, rights of privacy or publicity, or rights in confidential information;
- you have obtained all necessary consents, permissions and/or releases from anyone else appearing in your User Content to be able to include their name, voice, image, performance or likeness in your User Content and for you and us to make such User Content available through the Services (which may include the services of our business partners, affiliates, or business partners of our affiliates), or through the Sharing Functionality in accordance with the terms of this Agreement;
- your User Content and any comments that you may make on the App or Services (which may include the services of our business partners, affiliates, or business partners of our affiliates), or through the Sharing Functionality, are not and will not be libellous, defamatory, slanderous, offensive, harmful, tortious, obscene, pornographic, hateful, inflammatory, invasive of another's privacy, or otherwise objectionable;
- your User Content does not and will not create any liability for us or our affiliates (including our or their successors and assigns), or for any of our or our affiliates’ employees, agents, directors and officers;
- you are at least 18 years old, or you are at least 13 years old and have reviewed these Terms with your parent or legal guardian and have obtained your parent's or legal guardian's permission to use the Services in accordance with these Terms;
- the registered details you provided when installing the App are true and correct, and that you will update them as necessary to remain true and correct; and
- you have reviewed these Terms carefully and understand them completely.
We reserve the right to remove your User Content, to suspend or terminate your access to the Services and/or pursue all legal remedies if we believe that any of your User Content (or other activity on the Services) violates the above representations and warranties, otherwise infringes another person's rights, or violates any applicable law, rule, regulation or these Terms, or for any other reason.
8. Limitation of liability
Voisey Ent., our affiliates, and our and our affiliates', directors, officers, stockholders, employees, licensors, suppliers, and agents 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 use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. In no event will Voisey Ent. or affiliates’ aggregate liability for all claims relating to the Services exceed £100.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY SPECIFIC LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Voisey Ent., our affiliates, and our affiliates' directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any 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; (b) your content (including all User Content); and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances, but we cannot promise that we will always succeed.
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, in particular implied warranties, conditions, or other terms (i) relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while Voisey Ent. attempts 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, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY SPECIFIC EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
Voisey Ent. and their affiliates take no responsibility and assume no liability for any content (including User 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 (including User Content) that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Voisey Ent., nor their affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
11. Amendments and Termination
We’re relentlessly improving and adding to our Services all the time. This means that 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, and when we do, we will try to notify you beforehand—but this won’t always be possible.
Though we hope you remain a lifelong member of the Voisey community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting firstname.lastname@example.org.
Voisey Ent. may also terminate these Terms with you if you fail to comply with these Terms, the law, or for other any reason (including reasons outside of our control). And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity.
Regardless of who terminates these Terms, both you and Voisey Ent. continue to be bound by Sections 4-13 of the Terms.
12. Final Terms
These Terms make up the entire agreement between you and Voisey Ent. and supersede any prior agreements. If any provision of these Terms is found unenforceable, then that provision will be limited or severed from these Terms and not affect the validity and enforceability of any remaining provisions. 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. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. If you want to make sure your beats and voiseys don’t get lost, we recommend that you back them up from time to time.
13. Dispute Resolution and Arbitration
Dispute resolution for non-USA users:
If you have a concern, let’s talk. We totally encourage you to contact us first at email@example.com and we’ll do our best to resolve the issue.
Exclusive venue for non-USA users
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Voisey Ent. agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in English Courts (unless this is prohibited by the laws of the country where you reside, or if you reside in the United States) and you and Voisey Ent. consent to the exclusive jurisdiction of those courts.
Choice of law for non-USA users
The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms, their subject matter, or the use of the Services, unless you reside in the United States. The courts in some countries may not apply the laws of England and Wales to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If you are using the Services on behalf of a business (rather than for your personal use), you and Voisey Ent. both agree that to the extent permitted by law, all claims and disputes between you and us arising out of or relating to these Terms, their subject matter, or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
Arbitration, Class-Action Waiver, and Jury Waiver for USA users
IF YOU RESIDE IN THE UNITED STATES, OR YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THE UNITED STATES, PLEASE READ THE FOLLOWING PARAGRAPHS OF THIS SECTION 13 (THE “US ARBITRATION AGREEMENT”) CAREFULLY BECAUSE THEY REQUIRE YOU AND VOISEY ENT. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of the US Arbitration Agreement. You and Voisey Ent. 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 that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Voisey Ent. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this US Arbitration Agreement. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. 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. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you initiate arbitration with Voisey Ent., Voisey Ent. will reimburse you for your filing fee insofar as the AAA filing fee exceeds the filing fee for the federal district court in the district where you reside. Furthermore, the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Voisey Ent. will pay that forum’s filing fees insofar as they exceed the filing fee for the federal district court in the district where you reside, and all other hearing fees and arbitrator compensation, as well.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Voisey Ent. 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 Voisey Ent.
Waiver of Jury Trial. YOU AND VOISEY ENT. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Voisey Ent. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Voisey Ent. over whether to vacate or enforce an arbitration award, YOU AND VOISEY ENT. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS US 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. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as otherwise set forth in this section 22.
Right to Waive. Any rights and limitations set forth in this US 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 US Arbitration Agreement.
Opt-out. You may opt out of this US Arbitration Agreement. If you do so, neither you nor Voisey Ent. can force the other to arbitrate. To opt out, you must notify Voisey Ent. in writing no later than 30 days after first becoming subject to this US Arbitration Agreement. Your notice must include your name and address, your Voisey username and the email address you used to set up your Voisey account (if you have one), and an unequivocal statement that you want to opt out of this US Arbitration Agreement. You must email the opt-out notice to firstname.lastname@example.org.
Small Claims Court. Notwithstanding the foregoing, either you or Voisey Ent. may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Voisey Ent.
Exclusive Venue for USA users. To the extent that these Terms allow you or Voisey Ent. to initiate litigation in a court, both you and Voisey Ent. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms, their subject matter, or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Voisey Ent. consent to the personal jurisdiction of both courts.
Choice of Law for USA users. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms, their subject matter, or the use of the Services.