Welcome to Voice of TV, a property of Voice Media Company, a company doing business in the Kingdom of the Netherlands. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Voice of TV,” “VoiceofTV.com,” “Voice Media Company,” “us,” “we,” and “our,” refer to us, Voice Media Company, our website, VoiceofTV.com, or our service, Voice of TV, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
Voice of TV is a social television network. Your one-stop destination for all things television: the latest news & buzz. You can talk about TV shows, check-in to shows, review shows, read critic reviews, interviews, and so on.
3. Information Supplied
When using our website, you will be required to provide us with your name, e-mail address, and date of birth.
Please note that there are some restrictions about who may use our website:
If you are located in the Netherlands or elsewhere, you must be at least sixteen years of age, or have parental consent to use our website.
As an additional restriction, if you are located in the United States of America, you may not use our website unless you are thirteen or older and have parental consent. No person located in the United States or its territories or possessions, regardless of parental consent, may access our website if under the age of thirteen.
4. Rules of Conduct
We permit users to post about shows and other things on our website. As a part of using our website, you must not:
Post anything that violates any applicable law of the Kingdom of the Netherlands, the European Union, international law, or a foreign country’s laws to the extent that the foreign country’s laws are compatible with the constitutional freedoms applicable in the Kingdom of the Netherlands. Post anything defamatory, violent, threatening, pornographic, hateful, racist, or otherwise objectionable. We have the sole right to determine what is objectionable. Please note if you are a resident of the United States that we are located in the Netherlands and certain discussions that are constitutionally protected in the United States may constitute hate speech or otherwise unlawful speech according to Dutch law. Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users. Infringe on the intellectual property rights of anyone, whether it be by copying text, uploading audio or video files that are not yours, or otherwise. Do anything that infringes on the rights of us or a third party. Create more than one account, use another person’s account, or allow another person to use your account. Spam or otherwise send unsolicited commercial or non-commercial messages to our users for the purpose of obtaining a financial benefit. Advertise on our website without our permission. Impersonate another person or organization. Link to anything that would otherwise, if on our website, be in violation of our Rules of Conduct. We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
As this Agreement is governed by Dutch law and enforceable within the Dutch courts, we have certain protections against liability for defamatory speech published to our website by third parties.
Specifically, we cannot be held liable for defamatory speech unless you notify us of the specific defamatory material. We recommend that you review the decision of the Dutch courts in Scientology v. Karin Spaink/Xs4all to better understand how Dutch courts address defamation.
If you believe that you have been defamed by a user on our website, please send us a notice that includes:
Your name and contact details. The location of the defamatory material (a URL should be sufficient). A detailed explanation of how the material is defamatory. The notice can be sent to:
Attn: Intellectual Property Enforcement www.voiceoftv.com Voice Media Company (Europe) Cruquius 34 3825 MH Amersfoort The Netherlands
We will then attempt to review the material and, if we find that there are grounds to believe that it is indeed defamatory, we will remove it.
Please note that an untrue defamation notice is in itself defamatory of the user who you accuse of wrongdoing. Therefore, you must be certain that the material is defamatory.
Special Note to American Users
Please note that if you are thinking of suing us in the United States, Section 230 of the Communications Decency Act prohibits you from holding us liable for the comments of a third party. Additionally, the SPEECH Act prohibits you from enforcing in the United States any judgments obtained against us in a Dutch court, and if you attempted to sue us in a Dutch court for the actions of a third party our lawyers would make a motion in the U.S. courts where your deposition is to be taken to prevent such a deposition from occurring. Therefore, we stress the importance of following the proper Dutch notification procedure as described above.
We reiterate that much of the content on our website is supplied by third parties, including our users. We disclaim, and you release us from all liability for, any damages caused by a third party who uses our website in any manner that infringes on your rights or otherwise creates a cause of action, even if we would otherwise be held liable for such damages.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating user details compiled on our website. This clause is not limited to our copyrighted materials, and you agree that the restrictions in this clause apply to copying the third party postings of our users to the same extent as they apply to our own copyrighted content.
8. Your Copyright
Our website allows you to post your opinions and other content. We may permit it to be embedded, shared, or distributed elsewhere, or we may even be able to sell it through a third party. We cannot permit material to be uploaded to our website without being certain to our right to use it, or it could create an impossible burden for us if you revoked your consent to use it and we had to attempt to remove it from all of the places that it was posted online.
Therefore, as a part of this Agreement, you hereby agree that whenever you upload something to our website, you are granting us a universal, irrevocable, perpetual, commercial, non-commercial, and infinitely sublicensable license to reproduce, distribute, use, sell, display, broadcast, and otherwise use the content that you upload to our website.
Furthermore, you warrant that you hold the power to grant us the above license for any material that you upload, and that you will indemnify us for any liability incurred as a result of your uploading of material that you are not authorized to upload, including, but not limited to, liability for copyright infringement, trademark infringement, breach of confidence, invasion of privacy, and any other actionable conduct.
Voice of TV is a trademark used by us, Voice Media Company, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
10. Revocation of License
Where Voice Media Company has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, or sublicensed a copyrighted work to you that we hold the license to from a third party, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
11. Dutch Intellectual Property Notice & Takedown Procedure
We take copyright infringement very seriously. We have a procedure in place for handling allegations of trademark and copyright infringement, though it may vary slightly from other jurisdictions’ procedures. It is important to note that Dutch law stresses that the person with the most direct responsibility for infringement should first be contacted. Therefore, we outline this procedure:
Firstly, you must attempt to contact the user who has posted the infringing material. If private messaging is available, or if you know their contact details, you should send them a message informing them of the infringement and requesting that they remove the infringing material. If such communications methods are unavailable, you should post the notice in the forum thread or other location where the infringement occurred.
Secondly, if the above methods are not available, or if the person fails to comply within seven days, you should contact us. We require that you provide us with:
Your name. The name of the party whose copyright or trademark has been infringed, if different from your name. The name and description of the work that is being infringed. The location on our website of the infringing material. A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. A copy of the notification that you provided to the original user, or a statement that you were unable to contact them using the methods described in the first step above. You must sign this notification and send it to us at:
Attn: Intellectual Property Enforcement www.voiceoftv.com Voice Media Company (Europe) Cruquius 34 3825 MH Amersfoort The Netherlands
If sending the notification by e-mail, an electronic signature is acceptable.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability:Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, RESIDENTS OF THE STATE OF CALIFORNIA IN THE UNITED STATES MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including but not limited to any damages caused by your use of our website or acceptance of the offers contained on it, and any infringement of intellectual property rights of third parties. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the Kingdom of the Netherlands. The offer and acceptance of this contract, as well as any breach of this contract and damages arising therefrom, are deemed to have occurred in the Province of Utrecht in the Kingdom of the Netherlands.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Province of Utrecht.
All disputes that you bring against us must be brought according to the small claims procedure of the Kingdom of the Netherlands within a sub-district court and subject to their limit of €5 000. You agree that you waive the right to any damages exceeding €5 000, as well as the right to receive any injunctive relief. All decisions will be final and without the right to appeal unless the amount of the claim is greater than €1 750, in which case you may appeal according to Articles 358 to 362 of the Dutch Code of Civil Procedure.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
The prevailing party in any dispute will be entitled to their reasonable attorneys’ fees and costs.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Voice Media Company shall have the sole right to elect which provision remains in force.
18. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your paid services at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid, except in cases where the termination or cancellation was due to your breach of this Agreement, including, but not limited to our Rules of Conduct, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.