Terms of Use
Welcome to Volk. These Terms of Use ("Terms") are a binding agreement between you and [Company Legal Name, LLC], doing business as Volk ("Volk", "we", "us") that governs your access to and use of volk.gg, its mobile web apps, APIs and any related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms, our Community Guidelines and our Privacy Policy. If you do not agree, do not use the Service.
Please read section 16 carefully. It contains a binding arbitration agreement and class action waiver that affect how disputes are resolved, unless you opt out as described there.
Contents
- Who can use Volk
- Your account
- Your content and the license you give us
- Rules of conduct
- Moderation and enforcement
- Live streaming
- Wallet, tips, marketplace and jobs
- Business accounts and verification
- Copyright and intellectual property
- Our intellectual property
- Third-party links and services
- Ending your use of Volk
- Disclaimers
- Limitation of liability
- Indemnity
- Disputes, arbitration and class action waiver
- General terms
- Contact
1. Who can use Volk
You may use the Service only if:
- you are at least 18 years old;
- you can form a binding contract with us and are not barred from using the Service under the laws of the United States or any other applicable jurisdiction;
- you are not on any U.S. government list of prohibited or restricted parties and are not located in a country subject to a comprehensive U.S. embargo; and
- we have not previously banned you or disabled your account for violating these Terms.
If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind it to these Terms, and "you" includes that organization.
2. Your account
- Give us accurate information when you sign up and keep it up to date.
- You are responsible for keeping your password secure and for all activity under your account. Tell us right away at [email protected] if you think your account has been accessed without permission.
- Do not share your account, sell, rent or transfer it, or create accounts through automated means.
- Usernames are not owned. We may reclaim or change a username that impersonates someone, infringes a trademark, is inactive for a long period, or otherwise violates these Terms.
- We may send you service messages (such as security alerts and notices about changes to these Terms) by email or in the Service. You can control optional notifications in your settings.
3. Your content and the license you give us
You own your content. "Your content" means anything you post, upload, stream, send or otherwise make available through the Service, including text, photos, videos, audio, live streams, comments and messages. You keep all rights you have in it.
License to us. So that we can operate the Service, you grant Volk a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, process, adapt (for example, resize, compress, transcode or translate), publish, display, perform and distribute your content in connection with operating, providing, promoting and improving the Service. This license lasts until your content is deleted from our systems, except that it continues for content that others have shared or saved before you deleted it, for copies we must keep for legal or safety reasons, and for a reasonable period to remove content from backups. We will not sell your content to third parties.
License to other users. You also allow other users to view and interact with your content through the Service as permitted by your settings and the Service's features (for example, sharing, quoting or embedding a public post).
Your responsibilities. You are responsible for your content. You confirm that you have all rights needed to post it and grant the licenses above, and that it does not violate these Terms, our Community Guidelines, or anyone's rights, including intellectual property, privacy and publicity rights. If your content features other identifiable people, you confirm you have their permission where required.
Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
4. Rules of conduct
You must follow our Community Guidelines, which form part of these Terms. In particular, you must not:
- post or share any content that sexually exploits or endangers children, in any form, including drawn, computer-generated or AI-generated content. We report such content to the National Center for Missing & Exploited Children and to law enforcement;
- post nudity or sexually explicit content;
- threaten, harass, bully or incite violence against any person or group, or promote terrorism or violent extremism;
- post content that is illegal, or promote or facilitate illegal activity, including the sale of illegal or regulated goods;
- impersonate any person or organization, or misrepresent your identity or affiliation in a misleading way;
- share someone's private information (such as home address, private contact details, financial or identity documents, or intimate images) without their consent;
- infringe anyone's copyright, trademark or other rights;
- send spam, run fake engagement schemes, create fake accounts, or manipulate follower counts, reactions or trends;
- defraud, scam or phish other users;
- upload viruses or malicious code, or interfere with, disrupt, overload or attempt to gain unauthorized access to the Service, other accounts or our systems;
- scrape, crawl or collect data from the Service by automated means, except through an API we provide and in line with its terms, or as permitted by our robots.txt file for search engine indexing;
- bypass or attempt to bypass any access restriction, rate limit, content filter or safety measure, or re-upload content that has been removed; or
- help or encourage anyone else to do any of the above.
5. Moderation and enforcement
We use a mix of automated tools and human review to find content and behavior that break our rules, including scanning uploads before they are published. We may, without prior notice where appropriate:
- refuse, remove, restrict, label or reduce the visibility of content;
- limit features, suspend or permanently disable accounts;
- preserve content and account information and report it to law enforcement or the National Center for Missing & Exploited Children; and
- take legal action.
We are not obligated to monitor all content and do not endorse any content posted by users. Users, not Volk, are responsible for their content. If we take action against your content or account and you believe we made a mistake, you can appeal by contacting [email protected]. You can report content or accounts that you think break our rules using the report tools in the Service or by email.
6. Live streaming
- These Terms and our Community Guidelines apply to live streams and live chat just as they do to posts. You are responsible for everything that appears and is said in your stream and for moderating your chat.
- Do not stream content you do not have the rights to, including broadcasts of sporting events, films, TV shows or music you do not have a license for.
- Do not stream in a way that endangers yourself or others, and do not stream people in private settings without their consent.
- Your stream key is like a password. Keep it private; anyone who has it can broadcast to your channel.
- We may end a live stream at any time if we believe it breaks these Terms. Unless you are told otherwise in the Service, streams are not recorded or kept after they end.
- Live streaming is provided through third-party video infrastructure and may be limited, interrupted or unavailable at times.
7. Wallet, tips, marketplace and jobs
Some features, such as the wallet, tips, the marketplace and job listings, may be enabled only in some places or at some times.
- Wallet and tips. Wallet balances are not bank deposits, earn no interest, and are not insured. Fees, minimums and maximums shown in the Service apply. We may delay, hold or reverse transactions we reasonably suspect are fraudulent, unauthorized or in violation of these Terms or the law, and we may ask you to verify your identity before a withdrawal. Payments are processed by third-party payment processors under their own terms.
- Marketplace and jobs. Listings are created by users. Volk is not a party to transactions or employment relationships between users, does not own, inspect or guarantee any item or job, and is not responsible for the quality, safety, legality or delivery of any item, or for the accuracy of any listing. Use caution and good judgment when dealing with other users. Listings must comply with our Community Guidelines and all applicable laws, including consumer protection, employment and anti-discrimination laws.
- Taxes. You are responsible for any taxes that apply to money you receive or items you sell through the Service.
8. Business accounts and verification
If you create a business account, you confirm that the business information you provide is accurate and that you are authorized to represent the business. Verification badges mean that we have checked certain information about an account at a point in time. They are not an endorsement, and we may remove a badge at any time, for example if the account changes its name or breaks our rules.
9. Copyright and intellectual property
We respect intellectual property rights and expect our users to do the same. We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA").
To report infringement, send a written notice to our designated agent at [email protected] or by mail to Copyright Agent, [Company Legal Name, LLC], [Mailing Address, City, TX ZIP], that includes:
- your physical or electronic signature;
- identification of the copyrighted work you claim has been infringed;
- identification of the material you claim is infringing, with enough information for us to locate it (such as the URL);
- your name, address, telephone number and email address;
- a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Counter-notices. If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice to the same address that includes: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Volk may be found) and will accept service of process from the person who filed the original notice. We may restore the material in 10 to 14 business days unless the complaining party tells us it has filed a court action.
Repeat infringers. We disable the accounts of users who repeatedly infringe others' rights in appropriate circumstances.
Submitting a false notice or counter-notice may make you liable for damages. For trademark or other intellectual property complaints, contact [email protected].
10. Our intellectual property
The Service, including its software, design, logos and the "Volk" name, is owned by Volk or its licensors and is protected by law. Subject to these Terms, we give you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable license to use the Service as we make it available. You may not copy, modify, distribute, sell or lease any part of the Service, or reverse engineer or attempt to extract its source code, except where the law expressly permits it. You may not use our name or logos in a way that suggests we endorse you or your content without our written permission.
11. Third-party links and services
The Service may contain links to, or features provided by, third-party websites and services (such as link previews, GIFs, translation, sign-in providers, payment processors and video infrastructure). We do not control them and are not responsible for their content, policies or practices. Your use of third-party services is governed by their terms.
12. Ending your use of Volk
You may stop using the Service and delete your account at any time from your account settings. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we reasonably believe you have broken these Terms or the law, if required by law, or if continuing to provide the Service to you would expose us, our users or others to risk or legal liability. We may also discontinue the Service or any feature. Sections 3 (to the extent stated), 9, 10 and 13 through 17 survive termination.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT WILL NOT BE LOST, OR THAT ANY CONTENT OR INFORMATION ON THE SERVICE IS ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VOLK AND ITS OWNERS, OPERATORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES, OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
15. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless Volk and its owners, operators, employees and contractors from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to your content, your use of the Service, or your violation of these Terms or anyone's rights.
16. Disputes, arbitration and class action waiver
Informal resolution first. Before filing a claim, you agree to contact us at [email protected] with a description of the dispute and the relief you want, and to try in good faith to resolve it with us for at least 60 days.
Binding arbitration. If we cannot resolve the dispute informally, you and Volk agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek an injunction in court to stop the infringement or misuse of intellectual property rights. The Federal Arbitration Act governs this section. The arbitration may be held by video conference or, if in person, in the county where you live.
Class action waiver. YOU AND VOLK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Opting out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, with your name, username and a clear statement that you opt out of arbitration.
If any part of this section is found unenforceable, the rest remains in effect, except that if the class action waiver is found unenforceable for a claim, that claim must be decided in court and not in arbitration.
If you live in the EEA, UK or Switzerland, this section does not apply to you, and you may bring claims in the courts of your country of residence under its mandatory consumer protection laws.
17. General terms
- Governing law. These Terms are governed by the laws of the United States and the State of Texas, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise. Subject to section 16, disputes will be heard in the state or federal courts located in the State of Texas, and you and Volk consent to their jurisdiction.
- Changes. We may update these Terms. If a change is material, we will give you reasonable notice (for example, in the Service or by email) before it takes effect. By continuing to use the Service after changes take effect, you agree to the updated Terms.
- Entire agreement. These Terms, together with the policies they reference, are the entire agreement between you and Volk about the Service and replace any prior agreements.
- Severability and waiver. If any provision is found unenforceable, the rest of the Terms remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not transfer your rights under these Terms without our consent. We may assign our rights to an affiliate or in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- No third-party beneficiaries. These Terms do not give any rights to third parties.
- Language. If these Terms are translated, the English version controls where permitted by law.
18. Contact
[Company Legal Name, LLC] (Volk)
[Mailing Address, City, TX ZIP]
General support: [email protected]
Legal notices: [email protected]
Copyright (DMCA) agent: [email protected]
Safety and abuse: [email protected]