Terms of Service

Acceptance of Terms

Voyurl, Inc., aka voyurl, ("voyurl") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: voyurl/termsofservice. Failure to comply with these TOS may result in account revocation.

Description of Service

voyurl is a web-based service that allows those utilizing the service (the “User” or “Users”) to create, update, and share histories–public or private–of their browsing history; comment on others’ public links; and engage in other interactive functions (the “Services”). The Services may be used through a web browser and by the use of the downloadable client that is used in conjunction with the User’s browser (the “Plug-in”) to record the User’s browsing history (the “clickstream”). Once registered with voyurl, each User receives his or her own webspace to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, video, and clickstreams (the "Content"). This Content may reside on voyurl's servers or on the servers of a third party.

Your Registration Obligations

Should any of your own information submitted to voyurl for registration purposes change after submission, you are required to update that information as soon as possible. Should voyurl suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that voyurl's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to info@voyurl.com

voyurl.com Privacy Policy

Your use of the Services is subject to voyurl's privacy policy. For information on voyurl's privacy practices, please see the entire privacy policy at voyurl.com/privacy.

Indemnity

You agree to indemnify and hold voyurl, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

General Practices Regarding Use and Storage

You acknowledge that voyurl may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that voyurl may establish limits concerning use of the Service and may modify these limits at any time.

Modifications to Service

voyurl reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that voyurl shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

Termination

You agree that voyurl, in its sole discretion, may terminate your password or account and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if voyurl believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at voyurl's discretion, will be terminated as well. voyurl may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and acknowledge and agree that voyurl may immediately deactivate or delete your voyurl account and all related information and files. voyurl reserves the right to bar any further access to such files or the Service. You agree that voyurl shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisements and Promotions

You understand and agree that some or all of the Service may include promotions and that these promotions are necessary for voyurl to provide the Service. By using the Service, you agree that voyurl has the right to run such promotions with or without prior notice and without recompense to you or any other User. The manner, mode, and extent of promoting by voyurl on your Content and throughout the Service are subject to change at voyurl's discretion. Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that voyurl shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Services, or relevant third parties, may provide links to other web sites or resources. Because voyurl has no control over such sites and resources, you acknowledge and agree that voyurl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that voyurl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Content

You agree to follow the following guidelines for posting Content to your account:

All Content posted to voyurl in any way, is the responsibility and property of the author. voyurl is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any Content. Within the confines of international and local law, voyurl will generally not place a limit on the type or appropriateness of user content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted anywhere on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that voyurl may submit all necessary information to, and cooperate with, the proper authorities;

Should any Content that you have authored be reported to voyurl as being offensive or inappropriate, voyurl might call upon you to retract or modify the Content in question within a reasonable amount of time, as determined by the voyurl staff. Should you fail to meet such a request from voyurl staff, voyurl may terminate your account. voyurl, however, is under no obligation to restrict or monitor Content in any way;

voyurl claims no ownership or control over any Content posted by its users. The author retains all patent, trademarks, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the voyurl staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for voyurl to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;

voyurl reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise;

You acknowledge that voyurl does not pre-screen Content, but that voyurl and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, voyurl and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, voyurl reserves the right to limit access to your account, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the account and related user information from the member directory, search engine, and all other methods used in conjunction with finding voyurl's users.

voyurl.com Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (referred to as "Software") may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights, and the like. All voyurl code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by voyurl or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.

Submission of Unsolicited Ideas and Information

voyurl does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized voyurl representative, any material, information, or idea you transmit to voyurl by any means may be disseminated or used by voyurl or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

voyurl Ownership Rights

All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of voyurl and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the voyurl name or any of the voyurl trademarks, logos, domain names, and other distinctive brand features. You may use the voyurl name or any of the voyurl trademarks, logos, domain names, or other distinctive brand features only in the event voyurl grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding voyurl, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Member Conduct

You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. voyurl does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be voyurl's sole discretion as to what action should be taken.

You agree to NOT use the Service to:

Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable.

Harm minors in any way;

Impersonate any person or entity, including, but not limited to, a voyurl staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with voyurl or any other person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

"Stalk" or otherwise harass another person or company;

Collect or store personal data about other users for business purposes;

Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;

Use voyurl as a forwarding service to another website;

Allow usage by others in such a way as to violate voyurl's TOS;

Engage in commercial activities within voyurl or on behalf of voyurl without prior approval. This includes, but is not limited to, the following activities:

A. Displaying a banner that is designed to profit you or any other business or organization; and

B. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

Employ tactics to prevent the full and complete display of promotions on voyurl pages. These include, but are not limited to, making page style changes, customizations, or overrides that effectively block or substantially impair the display of promotions on an account's Content or other pages within the Service.

Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.

Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.

Make excessive or otherwise harmful automated use of the system. See this page for details on our automated use policy: voyurl.com/termsofservice.

If voyurl determines, in its sole and absolute discretion, that any user is in violation of the TOS, voyurl retains the right to terminate such user's account at any time without prior notice.

Disclaimer of Warranties

You expressly understand and agree that:

(A) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. voyurl expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(B) voyurl makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

(C) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material.

(D) No advice or information, whether oral or written, obtained by you from voyurl.com or through or from the service shall create any warranty not expressly stated in the Terms of Service & Privacy Policy.

Limitation of Liability

You expressly understand and agree that voyurl shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if voyurl has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

U.S. Government Restricted Rights

The materials on voyurl are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of voyurl's proprietary rights in them.

General Information

The TOS constitutes the entire agreement between you and voyurl and governs your use of the Service, superseding any prior agreements between you and voyurl (including, but not limited to, any prior versions of the TOS) and any prior representations by voyurl. The laws of the State of New York, U.S.A, shall govern the TOS and the relationship between you and voyurl, without regard to its conflict of law provisions. You and voyurl agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, U.S.A. The failure of voyurl to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Revisions

voyurl may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.

Acceptance of Terms

By visiting the Site, registering as a Member, or using the Services, you acknowledge and accept the practices and policies outlined in the privacy policy (“Privacy Policy”), which may be updated periodically without prior notice. You can review the current version of the Privacy Policy at: voyurl.com/privacy. Failure to comply with these terms may result in account revocation. Capitalized terms shall have the meanings assigned in voyurl's Terms of Service at voyurl.com/termsofservice

These Terms of Service are effective as of July 26, 2011

Thoughts or questions about these Terms of Service? Please, let us know at info@voyurl.com