Voice Room Terms of Service

Welcome to Tophy (the "Platform" or "Tophy") provided by Longdistance, Inc. ("we" or "us").

You are reading the Terms of Service, which govern your relationship with us and act as an agreement between you and us, and clarify your access to and use of the Platform and our related websites, services, products and content (collectively, the "Services"). Access to certain services or service features (for example, but not limited to, the ability to submit or share user content (as defined below) may be limited by age and does not apply to all users. The Services we provide are for private and not commercial use only. For purposes of these terms, "You" and "Your" refer to your identity as a user of the Services.

These terms constitute a legally binding agreement between you and us. Please read them carefully.

By accessing or using our Services referring to these Term of Service as its terms, you acknowledge and irrevocably represent that you have read and understood the terms, and you voluntarily and irrevocably accept and agree to be bound by the terms.

Your access to and use of our services is also governed by our Privacy Policy, and any other policies, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. By using the Services, you consent to all those above-mentioned terms. Our Services are only for people 18 years old and over.

By using the Services, you confirm that you are over the minimum age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user's account.

If you, as a guardian, find that a child under your guardianship has used our Platform, please contact us immediately to delete it.

Please also read our Privacy Policy, as this determines how we process your personal information. Your use of the services on our Platform is deemed to be your acceptance of the terms.

When you submit, upload, transmit or display any data, information, media or other content related to your use of our services ("Your Content"), you understand and agree that:

You will continue to own and be responsible for your content;

Our use of your content will be governed by our Privacy Policy;

By posting, sharing, uploading or otherwise making Your Content available on our Platform, you grant us and our affiliates a non-exclusive, royalty, transferrable, sub-licensable, worldwide license to use Your Content, which may - include the right to create derivative works of your content for the following purposes, to publicly display and publicly perform your content, and to promote, develop and attempt to improve our Services, including our services related to your submission and any other services we may provide now or in the future. When using your content for these abovementioned purposes, we and our affiliates may copy, mandate, store, process, adapt, modify, translate, execute, distribute and publish your content, including distribution methods developed in the future, provided they are incorporated into our services you use; we may share your content with third parties of our partners who help provide, promote, develop and improve our Services, but we will not sell your content to such third parties (other than our affiliates) for their own purposes (i.e. for any purpose unrelated to our Services);

You will comply with the instructions and these terms when posting, sharing, uploading otherwise make publicly available content.

You are fully responsible for the content and we recommend that you keep a backup copy of it at all times. You must at all times ensure that: (i) you have the rights necessary to post, transmit, display or otherwise make publicly available your content and grant us the rights set out in these terms; (ii) your content (and our use of your content in accordance with these terms) does not infringe or violate the rights of anyone or otherwise violate any applicable law or regulation.

You warrant that any such contributions meet these criteria and that you will be liable to us and indemnify us for any breach of this warranty. This means that you will be liable for any loss or damage arising from a breach of the warranty.

We reserve the right to cut, crop, edit or refuse to publish Your Content at our sole discretion. We have the right to remove, disallow, block or delete any content you make on our Services if, at our sole discretion, Your Content does not comply with the content standards set out in the terms. In addition, we have the right - but not the obligation - at our sole discretion to remove, disallow, block or delete any your Content (i) that we consider to violate these terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any Your Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Your Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any Your Content, and under no circumstances will we be liable in any way for any Your Content.

In certain circumstances, we also have the right to disclose your identity to any third party who claims that Your Content you post or upload to our services constitutes a violation of their intellectual property rights or privacy rights. Disclosure will be subject to a legally binding court order.

Any Your Content will be considered non-confidential and non-proprietary. You must not post any Your Content on or through the Services or transmit to us any Your Content that you consider to be confidential or proprietary. When you submit Your Content through the Services, you agree and represent that you own that Your Content, or you have received all necessary authorizations, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any Platform Content (including Your Content) is accurate, complete or up to date.

You acknowledge that to the extent permittable by laws and regulations, we assume no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including Your Content).

By posting Your Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Your Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Your Content, or any portion thereof, unless privacy setting is applied when you post such content. 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 Your content you post to or through the Service.

Unless otherwise provided by laws and regulations, we assume no obligation to monitor User Content and we are not responsible for monitoring any inappropriate or illegal Content or conduct by other players. However, we do reserve the right, at our sole discretion, to monitor and/or record your interactions with the Services and other users (including voice chat, text chat communications) when you are using the Services.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You agree that you will not: access or use the Services if you are not fully able and legally competent to agree to these Terms;

engage in any form of child endangerment or Child Sexual Abuse and Exploitation (CSAE), including the creation, possession, solicitation, sharing or distribution of Child Sexual Abuse Material (CSAM); the sexualisation of minors; grooming; coercion or sextortion; facilitating harmful contact with minors; or misrepresenting age or attempting to circumvent age-gating or parental controls;

make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof), or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;

use automated scripts to collect information from or otherwise interact with the Services;

impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

use or attempt to use another’s account, service or system without authorisation from Tophy, or create a false identity on the Services;

use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;

use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that constitutes or facilitates child endangerment, CSAE or CSAM; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality;

any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of Tophy, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Tophy, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our policies.

We reserve the right to remove or disable access to the content at any time, for any reason or without notice, in our sole discretion. Certain reasons why we may remove or disable access to content may include finding the content objectionable, in violation of Terms of Service, or our policies, or otherwise is harmful to the Services or our users.

You agree to defend, indemnify and hold harmless all claims, liabilities, costs, damages, losses and expenses (including but not limited to attorney's fees and expenses) for us, our parents, subsidiaries and affiliates and their respective officers, directors, employees, agents and consultants. These claims, losses and expenses (including but not limited to attorney's fees and expenses) are due to any breach of these terms by you (or any user of any account), including, but not limited to, any breach of your obligations, representations or warranties.

No provision in these terms affects your legal rights that cannot be altered or waived by contract, and you shall always exercise these rights as a consumer.

The services are provided "AS IS". We make no warranties or representations regarding the services. In particular, we do not represent or guarantee that: Your use of the services will meet your requirements; Your use of the services will be uninterrupted, timely, secure or error free; Any information you receive as a result of your use of the services is accurate or reliable; Defects in the operation or functionality of any software provided to you as part of the services will be corrected.

No representations, warranties or other terms (including any implied terms relating to satisfactory quality, fitness for purpose or compliance with description) shall apply to the service except as expressly set out in the terms. We may change, suspend, withdraw or limit the availability of all or any part of our Platform at any time without notice for business and operation purposes.

No provision in these terms excludes or limits our liability for damages that may not be legally excluded or limited by applicable law. This includes death or personal injury and fraud or fraudulent representations due to our negligence or the negligence of employees, agents or subcontractors.

In accordance with the above provisions, we do not assume any liability to you for the following:

(i) Loss of profits (whether directly or indirectly);

(ii) Loss of goodwill;

(iii) Loss of opportunities;

(iv) Loss of data that you suffer;

(v) Indirect or consequential loss that you may suffer; or

(vi) Any loss or damage which may be incurred by you as a result of:

Any changes we may make to the services, or permanent or temporary discontinuation (or any functionality in the services) due to the provision of the services;

Deletion, corruption, or storage failure of any content and other communication data maintained or transmitted using the services;

Your failure to provide us with accurate account information;

Your failure to keep your password or account details secure and confidential.

Any other losses will be limited to the amount paid by you to us within the last 12 months.

Please note that our Platform is for domestic and private use only. You agree not to use our Platform for any business or commercial purposes, and we shall not be liable for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption or loss of business opportunities. If defective digital content provided by us damages your device or digital content due to our failure to use reasonable measures and functions, we will repair the damage or pay you compensation. However, we shall not be held liable for your failure to properly follow the installation instructions or recommendations to comply with minimum system requirements, and you may avoid following our recommendations and applying updates, and these limitations on our liability to you shall apply regardless of whether we have been informed or should have been aware of the possibility of any such loss. Please note that telecom charges and other charges, including text message and data charges, may be incurred when you are using the Platform. You are responsible for all such fees, charges and expenses. If you are unsure of these charge standards, please consult the service provider before using the Services.

To the fullest extent permitted by law, you irrevocably hold harmless us and our affiliates from all known and unknown claims, demands and damages (actual and consequential) due to any dispute arising out of your use of the services with any third party, including any carrier, copyright owner or other user directly between you and such third party.

We may, in our sole discretion, distribute corrections, updates, upgrades and new versions of the "software" and/or "services" (collectively, the "Updates"). You agree to receive and allow us to provide updates to your device, and you acknowledge that if you do not accept and install updates, the software and/or services may no longer operate with the full functionality or performance described in the specification, or fail to operate. These updates can be automated or manual. We do not warrant that any updates will be provided to any of our Platform or Services or that such updates will continue to support your device or system.

We reserve the right, in our sole discretion, to change or restrict the functionality and performance of the software and/or services, including withdrawing support or access to the software and/or services, and to prevent the use of any software and/or services with all available updates that have not been installed.

You may make payments to us or other third parties from time to time in connection with the Platform. You agree that, in addition to any other relevant provisions of these terms, you will comply with all terms and conditions of the relevant payment service (whether the payment service provider is us or a third party). We are not liable for any transactions processed by third parties or any payments made to third parties, whether or not in connection with the relevant Licensed Items. You agree to bear all costs and taxes associated with the Platform and that all prices and availability of the Platform may change from time to time. Unless otherwise provided in Terms of Service or required by applicable law in your jurisdiction, no Virtual Goods shall be refundable after purchase (whether used or unused) under any circumstances.

The Platform may include functionality which allows you to purchase and use virtual goods ("Virtual Goods"). We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, revocable licence to use such Virtual Goods within the Platform in accordance with any requirements set out in our Terms of Service. Unless otherwise specified in the Platform, all Virtual Goods specified hereafter will be deemed to be an integral part of the Platform and therefore belong to the Licensed Items. Virtual Goods may be licensed to you upon payment by you through your use of our services.

You acknowledge that you do not own the Virtual Goods, they are provided solely for your enjoyment of our services. All sales of Virtual Goods by us to you are final.

You will not trade, sell, gift, transfer or lend Virtual Goods (a "Virtual Transaction"), except as expressly permitted by us in writing. Any user of the services who violates this restriction may have his or her account terminated by us, have Virtual Goods forfeited from his or her account, and/or be subject to liability for damages and litigation and transaction costs.

All Virtual Goods of a user will expire automatically upon termination of such user's account for any reason.

We also require you to comply with our policies to the purchase and use of Virtual Goods. Please note that we may change these policies from time to time.

All intellectual properties (including any future updates, upgrades and new versions) of the Platform and our Services and software will continue to belong to us and our licensors. You have no right to use our intellectual properties unless expressly provided in these terms. In particular, you have no right to use our trademarks or product names, logos, domain names or other unique brand features without our prior written consent. Any comments or suggestions you may make about our services are entirely voluntary and we will be free to use them at our discretion without any obligations to compensate you or assuming any other obligations.

We respect all intellectual properties and ask you to do so. As a condition of accessing and using the services, you agree not to use the services to infringe any intellectual properties, for example, not to upload any content owned by any other person to the Platform. We reserve the right, with or without notice, at any time in our sole discretion to block access and/or terminate the account of any user who infringes or is accused of infringing any copyright or other intellectual properties.

To better provide you with our Platform and Services, we may ask to access and/or use your related devices (e.g., mobile phones) to access the software and/or services - for example, we may need to use your device's processor and storage to complete related software installation. You agree to allow us to access and use your device. Please refer to the Privacy Policy for detailed descriptions of these contents. You may also use the guidelines in the Privacy Policy to restrict our use of certain functions on your device.

We will provide further information about how a particular item's software or a particular service can be used and accessed by you in the relevant software or service or in other ways to access your device (for example, stored as part of the installation process of the relevant service through the relevant installer). Please understand that we may not be able to provide you with our relevant Platform or Services if you have not provided us with authorization to use or access your relevant devices.

Any personal information we use or access on your device (as defined in the Privacy Policy) will be treated in accordance with these terms (including our Privacy Policy).

We reserve the right to temporarily or permanently suspend or terminate your user account or restrict your access to some or all of the services with or without notice to you, including:

We reasonably believe that you have violated these terms, or we reasonably believe on objective grounds that you will violate these terms, including any combined agreements, policies or guidelines and applicable laws or regulations;

Your activities on your account, in our sole discretion, may cause damage to us or our services, or infringe any third-party rights (including intellectual properties);

Responding to requests from law enforcement or other government agencies under effective legal procedures;

Unexpected technical or security issues;

Your account is inactive for a long time.

If we close permanently or terminate your user account, we may inform you in advance, so that you have the time to access and save your information and content, unless we have reason to believe that your continued access to your account will harm us or our services, or violate the requirements of law enforcement or other government agencies (applicable laws or regulations or third-party rights).

Depending on any legal rights you may have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any relevant information or content associated with your account may be suspended or terminated. Since we do not guarantee that your content will be permanently available, you should back up any content you value.

No content in these terms shall supersede your obligatory rights under any laws and regulations, and your obligatory rights will apply in the event of any inconsistency with these terms.

You agree that no claim shall be made against us for any statement not expressly provided for in these terms. The invalidity of any provision (or part of any provision) of these terms does not affect the validity or enforceability of any other provisions (or the remainder of such provision). If a court finds that we are unable to enforce any part of these terms as drafted, we may, to the extent that applicable laws and regulations are enforceable, replace such terms with similar terms without changing the remaining provisions of these terms. No delay in enforcing any provision of these terms shall be construed as a waiver of any right under such provision. Any rights and obligations under these terms shall, by their nature, continue in force and effect, including but not limited to any obligation of the parties with respect to their liability or compensation (if any), which shall survive the termination or expiration of these terms.

No person other than you and us (subject to any applicable laws and regulations) has the right to enforce these terms against anyone, and you may not delegate, assign or transfer these terms or any rights or obligations under these terms without our prior consent. To the extent permittable by applicable laws and regulations, we are free to assign, transfer or subcontract these terms or all or part of our rights and obligations under these terms without your prior consent or notice. You acknowledge and agree that in no event shall our partners or affiliates assume any liability under these terms.

Entire Agreement. These Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.

Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Platform to access our Services. You should use your own virus protection software.

You can contact us at [email protected].