TERMS OF USE
Last Updated: September 13, 2023
These Terms of Use (the "Terms") apply to your access to and use of VoyagerOne Services. We use the term "VoyagerOne Services" to describe any VoyagerOne Dist. LTD. products or services that display or directly link to this Terms of Use. Your use of VoyagerOne Services is subject to these terms which do not alter, in any way, the terms or conditions of any other agreement you may have with VoyagerOne Dist. LTD. for products, services or otherwise.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING VOYAGERONE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
If you reside in the United States, please read the binding arbitration clause and class action waiver in part C of Section 11. It affects how disputes between us are resolved.
1. Eligibility
VoyagerOne Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law). If you are not, you represent and warrant that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms, which may be shown by linking the VoyagerOne account to an account with a third-party platform like Google, Facebook, Apple (or other similar website or service) that includes a payment processing option with the parent or legal guardian's financial information, among other ways.
2. Privacy.
Please refer to our Privacy Policy for information about how we collect, use and share information about users of VoyagerOne Services.
3. Ownership
A. VoyagerOne Materials.
VoyagerOne Services contain content including, without limitation, VoyagerOne Dist. LTD.'s logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") that are the proprietary property of VoyagerOne Dist. LTD. or VoyagerOne Dist. LTD.'s licensors and are protected by U.S. and international copyright laws.
B. User Content.
VoyagerOne Services may permit you or other users to create, post, send or store messages, photos, text and other materials ("User Content"). VoyagerOne Dist. LTD. claims no ownership or control, takes no responsibility, nor assumes liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
C. Third-Party Content.
VoyagerOne Services may include Third-Party content and links to websites or content owned or operated by third parties like Paypal (collectively, "Third-Party Content"). VoyagerOne Dist. LTD. does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. You acknowledge and agree that VoyagerOne Dist. LTD. is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
4. Limited License
A. VoyagerOne.
VoyagerOne Dist. LTD. grants you a limited, non-sublicensable license to access and use VoyagerOne Services for your personal use only. Such license is subject to these Terms and does not include any resale, republication, modification, or derivative use unless explicitly authorized.
Any unauthorized use terminates the license.
B. Users.
If you submit or post User Content to VoyagerOne Services, you grant VoyagerOne Dist. LTD. a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content.
You represent and warrant that you own all rights and that your User Content does not violate any laws or these Terms.
5. User Content and Interactive Areas
Some VoyagerOne Services include interactive features ("Interactive Areas"), such as in-game chat. You understand that User Content may be public or visible to selected users.
VoyagerOne Dist. LTD. reserves the right (but does not have the obligation) to access, use, monitor, disclose, or preserve information including User Content when it has a good-faith belief this is necessary to:
(a) comply with law or respond to legal process;
(b) enforce these Terms or protect VoyagerOne Dist. LTD.’s rights;
(c) prevent loss of life or serious injury;
(d) prevent obscene, violent, harassing, or objectionable activities.
6. Acceptable Use of VoyagerOne Services
You agree not to:
interfere with or disrupt VoyagerOne Services
engage in harmful, unlawful, abusive, or discriminatory behavior
imply VoyagerOne endorsement without permission
send spam or unauthorized solicitations
reverse engineer or bypass protections
use another user’s account without authorization
upload harmful files or viruses
harvest data from VoyagerOne Services
develop third-party apps interacting with the Services without permission
sell accounts or in-game items for real value
7. Submissions
All submissions (ideas, suggestions, creative materials, etc.) made to VoyagerOne Dist. LTD. become its sole property, with no compensation owed to you.
You agree to execute documents confirming this assignment if requested.
8. Modifying/Terminating Services
VoyagerOne Dist. LTD. may modify, suspend, or discontinue VoyagerOne Services at any time without notice. Your access may be terminated at any time for any reason.
9. Disclaimer of Warranties and Limitation of Liability
USE OF VOYAGERONE SERVICES IS AT YOUR SOLE RISK.
VOYAGERONE SERVICES ARE PROVIDED “AS-IS,” WITHOUT WARRANTY.
VOYAGERONE DIST. LTD. DISCLAIMS ALL IMPLIED WARRANTIES.
To the maximum extent permitted by law, VoyagerOne Dist. LTD. and its affiliates are not liable for special or consequential damages. Liability is limited to the amount you paid (if any) for the VoyagerOne Services involved in the claim.
Some jurisdictions limit warranty disclaimers; in such cases, the maximum permitted limitations apply.
10. Indemnity
You agree to indemnify VoyagerOne Dist. LTD. from all losses arising from:
(a) your use of VoyagerOne Services
(b) your Submissions
(c) your violation of these Terms
(d) your violation of others’ rights
VoyagerOne Dist. LTD. may control the defense of any covered claim.
11. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
Asia and the Middle East
Singapore law governs; courts of Singapore have exclusive jurisdiction.
Europe, Africa, and the United Kingdom
German law governs; courts of Cologne have exclusive jurisdiction.
The United States
All disputes (“Claims”) relating to these Terms or the use of VoyagerOne Services shall be resolved by binding arbitration under AAA rules (consumer procedures apply). No class actions or representative actions are permitted.
If the class-action waiver is found unenforceable, the arbitration agreement becomes void.
California law governs U.S. Claims.
Additional Rules
VoyagerOne Dist. LTD. may pay filing fee differences; arbitration rules may allow attorney fee recovery in some cases.
Exceptions
Section 11(c) does not apply to:
(i) claims protecting intellectual property
(ii) small claims court actions
12. Billing, Payment and VoyagerOne Account Balance
ALL CHARGES ARE FINAL AND NON-REFUNDABLE unless required by law.
If you make purchases through third-party platforms (Google, Apple, PayPal, etc.), you authorize VoyagerOne Dist. LTD. to process payment.
VoyagerOne Dist. LTD. may suspend accounts involved in payment abuse or fraudulent refund activity.
13. Miscellaneous
If any portion of these Terms is found unenforceable, the remainder stays in effect.
Failure to enforce a provision is not a waiver unless signed in writing by an authorized VoyagerOne Dist. LTD. representative.
14. Changes to These Terms
VoyagerOne Dist. LTD. may update these Terms at any time.
Your continued use of VoyagerOne Services after updates confirms acceptance.
If you do not agree, you must stop using VoyagerOne Services.