Terms of Service

Voidwave Software LLC Terms of Use
1. Introduction
1.1 These terms of use (the “Agreement”) constitute a legally binding agreement between Voidwave Software LLC (“Voidwave” or “we”, “our”, or “us”) and you (or “you” or “your”) and govern your use of Joltcast.com (the “Site”), the Voidwave platform, and all services provided in connection with the Site and the Voidwave platform (collectively, the “Platform”). The objective of the Platform is to provide ecommerce capabilities that allow for the acquisition of certain digital content (the “Digital Goods”) by “Users”, from Content Creators. Capitalized terms used in this Agreement, will be as defined in this Agreement.
1.2 This Agreement applies to all Users, Content Creators, and other users of the Platform, including but not limited to, visitors, guests, customers, subscribers, and/or contributors of content.

1.3 By accessing this Site, viewing any content within this Site, using the Services, and/or contacting our Support Team, you acknowledge that you have read, understood and accepted this Agreement in its entirety. Any new features or tools which are added to the Site will also be subject to this Agreement.

1.4 Violation of this Agreement may lead to suspension, lock, or removal of related User accounts.
1.5 Our Privacy Policy explains how we collect, use, and share your personal information and/or data.

1.6 PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on or through the Site. Except as stated elsewhere, or as required by law, court order, or otherwise (in which case, all amended terms will be effective immediately and your continued use of the Platform signifies, and will be deemed your assent to, and acceptance of, the revised Agreement), all amended terms will automatically be effective when they are posted. As such, we suggest that you regularly check this Site to view the then-current Agreement. This Agreement may not be otherwise amended.
2. Grant of License to Use the Platform
Voidwave grants you, and you accept, a non-exclusive, personal, non-transferable limited license to access and use the Platform, subject to your full compliance with the terms and conditions of this Agreement.
3. Services
3.1 We reserve the right to provide the Services to anyone for any reason at any time.

3.2 By agreeing to this Agreement, you confirm that you are at least 13 years old.

3.3 To be registered as a User of this Site, and be able to receive Payouts and pay Donations for the Digital Goods, you must be at least 18 years old or have your parent’s written permission sent to us prior the registration process, which permission must be approved by us.

3.4 You may not use the Services for any illegal or unauthorized purpose, or to violate any laws in your jurisdiction (including but not limited to copyright laws).

3.5 By agreeing to this Agreement you also agree to all rules and regulations imposed on us by third parties involved in payment processing, content hosting, operational support, and all and any other services and activities essential for the Platform’s operations (the “Third Party Services”).

3.6 A breach or violation of any term of this Agreement may will result in suspension and possible termination of your Account/Profile.
4. Affiliations
4.1 We, as a Company and a Platform, do not affiliate ourselves with any political party, tribe, caste, clan, ethnic group, or society.

4.2 Any attempt to skew, alter, bias, push, or gravitate our opinions or business decisions toward any political party, congregation, ideology, dogma, or a single idea, expressed and/or shared individually or by a group, will be disregarded.
5. Roles
5.1 When you sign up to the Platform, you must choose between two roles: “User” or “Content Creator”.

5.1.1 The User role is for those who want to access the Content Creator’s content by voting in Polls and making Donations. Users add funds to their Digital Wallets or Digital Currency by payments to Voidwave’s PayPal account (or other approved Payment Processor). These funds are non-refundable and will be used by Voidwave to pay Donations to Content Creators for Digital Goods, in accordance with this Agreement.

5.1.2 Content Creators publish original content and collect Donations made by Users.

5.1.3 Both roles may choose to provide us, or each other, with their e-mail address for delivery of Digital Goods.

6. Account Creation and Management
6.1 General Account Creation. Certain features and functionalities of the Platform may require you to create a Joltcast account (the “Account”), and a “Profile”, if you are a Content Creator, detailing your PayPal or other payment information. In establishing an Account/Profile, you agree to provide only true, accurate, current and complete information about yourself and to update such information as necessary to maintain its truth and accuracy.
6.2 Account Management. You are responsible for all activities that occur under your Account, including, but not limited to, Account and password management. You agree not to sell, transfer or assign the Account, or any Account related rights, without the express written consent of Voidwave. You are also responsible for maintaining the privacy and security of your network settings and systems to ensure that all sensitive or confidential information originating from your systems is properly transmitted and handled.
6.3 PayPal Account Agreement. Processing services for Payouts of Donations are provided by PayPal. By agreeing to this Agreement, you also agree, to the extent applicable, to be bound by the Privacy Policy for PayPal Services (which may be modified from time to time by PayPal). As a condition of Voidwave enabling Payout processing services through PayPal, you agree to provide only true, accurate, current and complete information about yourself and to update such information as necessary to maintain its truth and accuracy. You also authorize Voidwave to share such information and other transaction information related to your use of PayPal’s payment processing services.

6.4 Profile and Account Termination.

6.4.1 You can delete your Account (and Profile if you are a Content Creator) at any time.

6.4.2 We can terminate or suspend your Account/Profile at any time at our discretion. We can also cancel any Donations and remove any content at our sole discretion with or without prior warning and/or explanation.

6.4.3 Upon Account/Profile termination, the following will happen:

a. For Users: Users will retain access to the Platform until the effective date of termination. In order to maintain the ability to access the Platform until termination, Users must keep their Accounts intact.

b. For Content Creators: all Payouts, if any, in progress, will be put on hold for 30 calendar days. We will use this time to settle disputes over Payouts with Users, if any.

c. For both roles: all financial transaction data will remain in possession of the Platform and the third parties who assist Voidwave in providing the Third Party Services, in accordance with this Agreement and the third parties’ “Terms of Service”, or similar legal documents.

6.4. The reasons for Account suspension or termination include, without limitation, the following:

a. Illegal Activities. This Platform, as well as Voidwave, are governed by the laws of the United States of America. Anything that is considered “illegal” under US law is illegal on the Platform and will be removed/terminated.

b. Bullying. Any form of abuse, persecution, harassment, attacking, or bullying, either directly, or by using your influence over others.

c. Doxing. Aggregating and publishing on this Platform any private personal or sensitive information of anybody, whether the person is a User or not, or revealing the identity of such person without their express written consent, for the purpose of harassing such person.

d. Private Information Abuse. Use (e.g., sharing, storing, selling) of any private information that became available to the User through the Platform, including, but not limited to, e-mail or home addresses, personal name, and any other data that can be considered “sensitive” or “private.

e. Content Sharing. Sharing content, accessed by a User on the Platform, outside of this Platform without express permission from the original content owner. While we do not mediate among Users and Content Creators, we will act upon reports of stolen, illegally shared, re-sold, or otherwise misused, content originating on the Platform.

f. Fraud. Publishing, endorsing, or selling any fraudulent or misleading information, or transmitting any digital substance or a code of a destructive nature on the Platform. While we will not follow, curate, investigate, check up on, or perform extensive research on, the information published on the Platform, we will take action if we confirm the existence of such fraud after investigation.

g. Impersonation. Presenting yourself as somebody else, especially well known and famous individuals.

h. Spam. Frequent posting of meaningless text or audio/visual content. We reserve the right to determine whether the published information is Spam in our sole discretion.

i. Harm to this Platform. Any unfriendly, offensive, obscene, derogatory, or degrading, remarks, public messages, comments or posts whose purpose is to offend, slander or attack Voidwave’s name or reputation, or otherwise harm the Platform, Voidwave, or its staff, Users, Content Creators, or partners.

j. Dangerous Activities. Any User engaging in, or convicted of, violent threats or crimes, child abuse, violence against animals, malicious doxing, coordinating violent or nonviolent harm, participating in civil unrest, or encouraging others to do any of these activities. All content that may put viewers in danger, by action or inaction, must include a clear disclaimer that warns against repeating such action or inaction.

k. Criminal Activities. People with a documented criminal history, or with a known affiliation with violent or dangerous groups (e.g., organized criminal groups, terrorist or cyber-terrorist organizations, illegal militias, mercenary organizations, or violent hate groups).

l. Inactivity. Any Content Creator’s Account/Profile that has been inactive for more than one (1) year.

m. Content Deviations. Any Content Creator’s Account/Profile that displays, hosts, or advertises content that substantially deviates from the type of content approved by Voidwave during the onboarding process.

n. Account/Profile Ghosting. Creating an Account/Profile with the same, new, or altered, credentials of a User whose Account/Profile was terminated, suspended, or otherwise disabled. For instance, if Profile 'X' was terminated, Profile 'Y' cannot be created by the same individual, organization, and/or any other associated entity.

7. Voidwave Services
7.1 Voidwave Services (the “Services”): Content Creators post a “Poll”, which lists at least two (2) options for content that the Content Creator proposes to create (the “Proposed Content”). Those Users who elect to bid on the Proposed Content, vote collectively on which Proposed Content they want the Content Creator to create, using a Digital Wallet or Digital Currency (both in US Dollars). Those Users who voted for the option that received the most votes, as measured by the total amount in US Dollars, must make a donation in the amount that they bid on the Proposed Content that was the winning option (the “Donation”). In return, the Content Creator will make the content available to such Users as a Digital Good. If Content Creator fails to deliver the Digital Good resulting from a Poll three (3) times within a period of one (1) year, the Content Creator’s Account/Profile may be suspended or terminated, in Voidwave’s discretion.
7.2 Payment Processor: Voidwave is not a payment processor and does not hold any funds. Instead, Voidwave uses PayPal to process Donations for Content. Voidwave may use different, or additional, payment processors in its discretion (PayPal and different, or additional, payment processors are collectively referred to as “Payment Processors”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
7.3 Payment Processor Fees: Industry-standard payment processor fees apply (hereinafter and on the website referred to as 'Payment Processor Fees').
7.4 The Platform is not a Broker, Financial Institution, Creditor or Charity: The Platform is an administrative platform only. Voidwave facilitates the posting of Polls and the making of Donations to Content Creators for their content as more fully described in Section 7.1. Voidwave is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
7.5 Voidwave has no control over the conduct of, or any information provided by, a Content Creator and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Proposed Content in connection with a Poll will obtain a certain amount of Donations, or any Donations at all. We make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of a Poll. Users must make the final determination as to the value and appropriateness of voting on a Poll. You acknowledge and agree that Users of the Platform who are employees of Voidwave are acting in their individual capacity only, and not as representatives of Voidwave. Accordingly, Voidwave is not responsible for any liability arising out of the acts or omissions of Voidwave employees in connection with their use of the Platform.
7.6 Donations: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used.
7.7 Account Holds: From time to time, Voidwave may, in its sole discretion, place a hold on an Account (a 'Hold) to protect its interests and those of the Users and Content Creators. Some of the reasons that we may take such action include, without limitation, the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Content Creator is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if we have reason to believe that a Content Creator or Poll has violated this Agreement, (iii) if we determine that the Content Creator is colluding with Users to engage in fraudulent activity, (iv) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent Donation activity, or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
7.8 Availability of Donations from a Poll: While Voidwave strives to make Payouts available to you promptly, you acknowledge and agree that Payouts may not be available to you for use immediately. Voidwave does not guarantee that Payouts will be available to you within any specific time frame, and Voidwave expressly disclaims any and all responsibility for any delay in, or inability to, access and use Payouts at any specified time, and any consequences arising from such delay or inability. As a Content Creator, you are responsible for ensuring that the information you provide to Voidwave in order to process a Payout, including your bank account information, is accurate and up to date. Voidwave may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Payout(s) with or without consulting you, which may comprise the entire Payout. Voidwave is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Voidwave issuing refunds, including, but not limited to transaction or overdraft fees.
7.9 Payment Processors
7.9.1 Voidwave uses Payment Processors to process Donations, and thereafter deliver these Donations to you in the form of Payouts. In order to access Payouts, you will be required to provide the Payment Processor with your bank account information (“Payout Account”). You, as a Content Creator, represent and warrant to Payment Processor and Voidwave that such information is true and that you are authorized to use the applicable Payout Account.
7.9.2 By setting up a Poll you, as a Content Creator, agree to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors

8. Fees, Balance Redemption, Taxes, and Conversion

8.1 Fees. Voidwave will assess and collect a fee (the “Voidwave Fee”) of fifteen percent (15%) of the Donations for Digital Goods. The Voidwave Fee is in addition to any fees imposed by PayPal and other Payment Processors. The Voidwave Fee may be changed by Voidwave at any time in its sole discretion.

8.2 The details of the fees with respect to Digital Goods are as follows:
8.2.1 Payouts of Final Price. A “Payout” is the funds sent to the Content Creator’s designated bank account, representing the Final Price for Proposed Content a winning User is required to pay in connection with a Poll, as more fully set forth above.
8.2.2 If a Content Creator has submitted invalid or incomplete Payout details, or the recipient account doesn’t belong to the Content Creator, we reserve the right to take unlimited time to process the Payout.

8.2.3 The Payout can be made only by a request and only if the Content Creator’s Profile meets the following conditions at the moment of the Payout request:
a. At least $100 in Donations collected.
b. At least 14 days have passed since the account’s initial approval date.
c. All the Payout information filled in and verified.
The exceptions from these conditions can be made upon request.

8.3 A Payout can be requested once every 15 days.

8.4 A Payout can be made only to a reliable Content Creator (with existing activity, active Profile, and successful content review).

8.5 If any third-party institution (e.g., bank) or organization (e.g. money transfer service) involved in the Payout process fails or delays in making the Payout to the Content Creator’s account, we may take additional unlimited time to process the Payout.

8.6 We may make exceptions to these Payout terms on a case-by-case basis depending on the circumstances.

8.7 In order to receive Payouts, the Content Creator must provide us with all required and requested information. If the information provided is false, omitted, incomplete, or suspicious in any other way (each as determined by Voidwave in its sole discretion), we reserve the right to withhold Payouts until any issues related to the Payout information are resolved.

8.8 If requested by us, the Content Creator must clearly establish that all related activity on the Platform is lawful, as governed by state or province of residence or by international law. If the Content Creator fails to do so for any reason in a timely manner, we reserve the right to deny Payouts to the Content Creator until the matter is resolved.
8.9 Digital Goods. With respect to your Digital Goods, you may upload a digital file (including, but not limited to, .mp3, .pdf, .png, .jpeg files) to the Platform. Upon a determination that a User is among the other Users who voted for the winning Proposed Content, Voidwave will deduct the final price of the winning Proposed Content (the “Final Price”), plus the Voidwave Fee, from the User’s Digital Wallet or Digital Currency and pay the Final Price to the Content Creator.

8.10 Taxes. You agree to be solely responsible and liable for the proper administration, imposition, collection, reporting, and remitting of all applicable taxes. This information is not intended, and should not be used, as legal advice. If you are unsure as to your tax responsibilities, then you should seek advice from experts on this subject.
8.11 Direct Taxation. It is your responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. This is particularly relevant for Users and Content Creators who are operating as a business.
9. Use of the Platform; Allowed Content
9.1. All content posted on the Platform belongs to its original owners (the “Original Content”). To operate with this Original Content on the Platform (e.g., store, transmit, broadcast, deliver, distribute, translate) we need a license from the Content Creator (or other content owner). Therefore, by registering on the Platform, a Content Creator grants us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or develop derivative works of the Original Content.

9.2. We are not responsible if the Original Content made available by the Content Creator on the Platform is inaccurate, incomplete, or not current.

9.3 We do not guarantee that the quality of the Original Content provided by the Content Creators, will satisfy any User or fulfill any User expectations.

9.4 The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier, sources of information. Any reliance on the material on the Platform is at your own risk.

9.5 You understand that any content published on the Platform (except for credit card information or other sensitive or private information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9.6 We may modify the contents of the Platform at any time, but we have no obligation to update any information on the Platform. You agree that you are responsible to monitor changes to the Platform.
9.7 Anyone who successfully signs up as a Content Creator on the Platform is allowed to publish any content that complies with this Agreement and is not prohibited by US laws.

9.8 Content may consist of text, video or audio files, archived files, or documents in various other formats. Content may contain links to third parties.
10. Use of the Platform; Prohibited Content
When you use the Platform, you agree that:
10.1 You will not, and not attempt to, make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right (collectively, “IP Rights”) of any entity or individual, including, without limitation, incorporating any original, variation, or misspellings of any third-party trademarks, service marks, creative assets, or other brand identifiers without proper authorization.
10.2 In connection with your use of the Platform, you will not, and not attempt to: (i) violate the rules or policies of credit card networks or Payment Processors; (ii) post content that is unlawful, offensive, threatening, or otherwise objectionable; (iii) use a false e-mail address, name/nickname, or brand, or in order to pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content on this Platform; (iv) post content that infringes on others' intellectual property; (v) post content whose purpose is advertising, selling, or reselling any goods, items, or materials; (vi) post content whose only purpose is to cover social mass events such as marches, demonstrations, gatherings, protests, and other spontaneous or planned, legal or illegal, mass actions; (vii) promote or encourage violence or discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (viii) target, or intend to distribute to, children under the age of thirteen (13) years old; or (ix) post content that is abusive towards other people.

10.3 You will not, and will not attempt to, defame or impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or conveying or implying that you are operating a third-party website or entity.
10.4 You will not, and will not attempt to, probe, exploit, disable, avoid, deactivate, remove, circumvent, crawl, scan, penetrate, or test the integrity and vulnerability of the Platform in any manner, including any client or server machine, or other security or authentication measures and safeguards.
10.5 You will not, and will not attempt to, disassemble, reverse engineer, or decompile any part of the Platform.
10.6 You will not, or attempt to, embed, insert, include, or disseminate any viruses or other harmful, or potentially harmful, data or technology into or through the Platform, including, without limitation, for the purposes of disrupting, damaging, or interfering with the Platform and/or other users of the Platform.
10.7 You will use best efforts to ensure that all communications and/or representations you make in connection with your Digital Good(s) will: (i) be accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading; and (ii) otherwise comply with all applicable laws, regulations, advisories, and policies related to consumer protection.
10.8 You will promptly: (i) respond to inquiries from Voidwave; (ii) notify Voidwave of any regulatory or legal complaints, or threats of such complaints, you receive in connection with, or in relation to, a Digital Good; and (iii) in connection with (ii) above, assist, at your sole cost and expense, in taking any appropriate or necessary actions reasonably requested by Voidwave to respond to and/or resolve such complaints.
10.9 You will comply with all applicable laws, regulations, court orders, third party rights, applicable industry requirements (including, but not limited to, any and all applicable provisions of the Visa International Operating Regulations, MasterCard Merchant Rules, and PCI compliance standards), and any Voidwave policy or standard that may be issued from time to time.

10.10 If you promote or deliver Digital Goods that contain personal information of any other individual, you must have provided any such notice to data subjects that may be required under applicable law and, to the extent required under applicable law, established a legal basis for your use of such personal data.
11. Availability of Services, Suspension and Termination
11.1 Subject to the terms and conditions of this Agreement and Voidwave's policies and procedures, Voidwave will use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Voidwave, or that are reasonably unforeseeable by Voidwave, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that Voidwave is not liable for interruptions to the availability of the Platform and further acknowledge that Voidwave does not guarantee access to the Platform on a continuous and uninterrupted basis.
11.2 Voidwave may decline, remove, or halt Polls, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.
11.3 In its sole discretion, Voidwave may suspend or terminate your Account(s) if it suspects, has reason to believe, and/or if a person otherwise claims, that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Voidwave at law or in equity, and notwithstanding anything in the Agreement to the contrary, if you breach any term of this Agreement, or your Account becomes dormant, Voidwave may immediately suspend or terminate your Account and your rights to access, use, and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Voidwave will have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Voidwave, in its sole discretion, considers unacceptable. Following suspension or termination of an Account pursuant to this Section 11.3, Voidwave will review your Account in a manner determined by Voidwave in its sole discretion.
12. Voidwave's IP Rights
12.1 Except as expressly permitted by Section 12.2 below, you may not use Voidwave's name, trademarks, service marks or any other intellectual property right of Voidwave (“IP Right”)in any manner whatsoever to suggest association or affiliation with, or endorsement by, Voidwave without Voidwave’s express prior written consent of Voidwave, which Voidwave may withhold at its sole discretion.
12.2 Permissible Uses of Voidwave IP Rights. Subject to the following terms and conditions, Voidwave grants you a limited, revocable license to use the Joltcast name pursuant to the following usage guidelines (and other guidelines issued in the future) in connection with such use: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; and (ii) in metatags or hidden text, in each case solely for the purpose of driving traffic to the Platform to promote your Digital Good. Voidwave may revoke the foregoing license and/or provide restrictions upon your use of the Joltcast name, including requiring the use of such disclaimers as Voidwave may provide, in connection with your use of Joltcast, at any time and for any reason in Voidwave's sole discretion.
12.3 Reservation of Rights. Notwithstanding the limited revocable license in Section 12.1, as between the parties, Voidwave will be, and remain, the sole owner of all right, title and interest in and to the Platform (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Voidwave, and you hereby assign to Voidwave all right, title and interest you may be deemed to have therein. Accordingly, any use of the IP Rights of Voidwave will inure to the exclusive benefit of Voidwave. All rights not specifically granted to you under this Agreement are expressly reserved by Voidwave.
13. Confidentiality and Non-disclosure Obligations; Privacy
13.1 In connection with this Agreement, Voidwave may disclose to you and/or you may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Voidwave (collectively, “Confidential Information”). Except as required to perform your obligations under and in accordance with the terms of this Agreement, you will not disclose or use the Confidential Information without the express prior written consent of Voidwave. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, Users and/or Content Creators to subscribe to any other services or promote the sale of any products that compete, either directly or indirectly, with Voidwave or the functionality and services offered by the Platform. You agree and acknowledge that Voidwave may be required to provide to governmental agencies or other third parties information in its possession regarding you or the business you conduct with Voidwave or through the Platform.
13.2 Voidwave does not invite, and cannot accept, any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Voidwave Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material, or feedback conveyed, offered or transmitted by you to Voidwave, or otherwise in connection with the Platform (collectively, the “Submissions”), will be deemed to be non- confidential and non-proprietary and Voidwave will have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing signed by you and a duly authorized officer of Voidwave. You hereby grant Voidwave and its licensees a worldwide, perpetual, non- exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, the Submissions, including the right to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media, whether now known, or to become known in the future. Voidwave will have no obligation to compensate you for any such Submissions in any manner. You hereby represent and warrant that: (a) you own or otherwise have the right to grant the foregoing license to Voidwave with respect to your Submissions; and (b) your Submissions and any use thereof by Voidwave will not infringe or violate the rights of any person. You are and will remain solely responsible for the content of any Submissions you make and acknowledge that Voidwave is under no obligation to respond to or use any Submission you may provide.
13.3 If you promote or deliver Digital Goods through the Platform, you agree to provide any such disclosures as may be required by applicable law pertaining to your privacy and/or data protection policy and practices, including, to the extent required, disclosures that adequately describe your use of the Platform.
13.4 You agree that when you collect personal information about Users or Content Creators through the Platform, including in connection with a Payout, you must provide the User a chance to remove themselves from your database and to review what information you have collected about them. In addition, you agree that you will use personal information you receive through the Platform only for: (a) Voidwave transaction-related purposes that are not unsolicited commercial messages; (b) using Services offered through Voidwave, or (c) other purposes that a User expressly chooses.
13.5 You acknowledge and agree that when you use the Platform to send emails, we may automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, and we do not permanently store messages sent through these tools. If you send an electronic message to an electronic message address that is not registered in our community, we do not permanently store that electronic message or use that electronic message address for any marketing purpose. We do not rent or sell these electronic message addresses.
14. Export Control
You agree to comply with all applicable export laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act, as well as regulations issued pursuant to these and other U.S. Laws. You represent and warrant to Voidwave that any Digital Good promoted or delivered is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of your Digital Good change, you must immediately notify Voidwave in writing. Information on U.S. export control regulations can be found on the websites of the U.S Department of Commerce, U.S. Department of State and the U.S. Department of the Treasury.

15. PCI DSS Applicability and Requirement
To the extent it is a Service Provider (as that term is defined and/or used by the then-current Payment Card Industry (PCI) Data Security Standard v3.0), Voidwave will be responsible for the security of cardholder data, which may include primary account number (PAN), cardholder name, expiration date, and service code, it possesses or otherwise stores, processes, or transmits.
16. Required Permits

It is your sole responsibility to obtain and maintain all applicable consents, licenses and permits required for the operation of your business.
17. Indemnification
17.1 If a third party makes any demand or complaint, or commences any action or files any claim whatsoever (each, a “Claim”) in connection with your use of the Platform, including, without limitation, your activities to promote and/or deliver Digital Goods, you will defend, indemnify and hold harmless Voidwave, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (each, a “Voidwave Party”; and collectively, the “Voidwave Parties”), from and against any and all damages, liabilities, claims, or costs (including the costs of investigation, defense, litigation, and reasonable attorneys' fees and costs) (collectively, “Losses”) incurred by any Voidwave Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
17.2 Upon receiving notice of a Claim for which Voidwave is entitled to indemnification from you, Voidwave will provide you with written notification and the opportunity to assume sole control over the defense or settlement of the Claim, as well as reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on, and/or admission or finding of liability or wrongdoing, by Voidwave will require Voidwave's prior written consent; (ii) the failure to provide timely notice, control, or assistance will not relieve you of your indemnification obligations; and (iii) Voidwave may have its own counsel present at, and participating in, all proceedings or negotiations relating to a Claim, at Voidwave's own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you will pay all expenses related to Voidwave's use of such counsel.
17.3 If Voidwave incurs costs, attorneys' fees or other expenses in responding to any complaint other than a Claim, in connection with or in relation to your Digital Goods (or your activities to promote and/or deliver thereto), including copyright infringement complaints under the DMCA (see below), Voidwave reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to you by Voidwave up to a maximum of ten thousand dollars ($10,000) per event. You understand and agree that the remedies set forth above are not exhaustive and that Voidwave retains all rights to indemnification described herein. You authorize Voidwave to make, and release Voidwave from any liability in connection with, any such deductions.

18. Limitation of Liability
In no event will any Voidwave party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with, this Agreement and/or any (a) use of or inability to use the Platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the Platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the Platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform, whether or not Voidwave is advised of the possibility of such damages. Notwithstanding anything in this Agreement to the contrary, the maximum cumulative and aggregate liability of Voidwave for all costs, losses or damages from claims arising under, or related in any way to, this Agreement, whether in contract, tort or otherwise, will not exceed an amount equal to the total amounts due and payable by Voidwave to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability in this Section 18 is a fundamental element of the basis of the bargain for this Agreement, and reflects a fair allocation of risk between the parties. The Platform, and any Services or information offered through or in association with the Platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Voidwave will be limited to the fullest extent permitted by such jurisdiction.
19. No Guarantee of Validity
19.1 Voidwave does not endorse, approve, or certify any information provided on or through the Platform, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Platform may or may not be current as of the date of your access, and Voidwave has no duty to update and maintain such information. Additionally, the information provided on or through the Platform may be changed periodically without prior notice. All content provided on or through the Platform is provided 'AS IS.' Use of such information is voluntary, and reliance on it should only be made after an independent review of its accuracy, completeness, efficacy, and timeliness. If you have a dispute with one or more Users or Content Creators, including any User that has purchased items from you as a Content Creator or any Content Creator from whom you have purchased a Digital Good, you release us (our parent, subsidiaries, affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19.3 If you are a California resident, you waive California Civil Code §1542, which says: '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.'
20. Disclaimer
21. Legal Disputes
21.1 If there is a dispute arises between you and Voidwave, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Voidwave agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services in accordance with one of the subsections below, or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly by email at ChristianBurket@voidwavesoft.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
21.2 This Agreement will be governed in all respects by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Voidwave must be resolved exclusively by a state or federal court located in Augusta, Georgia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Augusta, Georgia for the purpose of litigating all such claims or disputes.
21.3 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost- effective manner through binding non-appearance-based arbitration. If a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, with the specific manner chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
21.4 All claims you bring against Voidwave must be resolved in accordance with this Section 21. All claims filed or brought contrary to this Section 21 will be considered improperly filed. Should you file a claim contrary to this Section 21, Voidwave may recover attorneys' fees and costs up to $1,000, provided that Voidwave has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
22. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Voidwave’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Voidwave to locate the material;
Information reasonably sufficient to permit Voidwave to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the following address:
Attention: Voidwave Copyright Agent
409 Jasper Xing, Augusta, Georgia 30907

Only DMCA notices mailed to the address above or emailed to ChristianBurket@voidwavesoft.com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Voidwave may remove the content identified as being infringing. In addition, Voidwave may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.
23. Survival.
Those provisions of the Agreement which expressly, or by their nature ought to, survive termination of this Agreement, will survive.
24. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
25. Governing Language
This Agreement is in English and all disputes between the parties will be resolved in English. You understand and acknowledge that any foreign language services provided by Voidwave are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.

26. Assignment
Voidwave may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties in this Agreement without the prior written consent of Voidwave. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
28. Severability
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions will not be affected by that determination, and such court will substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
29. Publicity
You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using Voidwave's name or referencing the Platform; or (iii) suggesting or implying any endorsement by Voidwave of you and/or any Digital Goods without the prior written approval of Voidwave, which Voidwave may withhold in its sole discretion.
30. Entire Agreement
This Agreement constitutes the complete and exclusive agreement between the parties relating to its subject matter. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to such subject matter.
31. Waiver
The waiver or failure by Voidwave to exercise any right provided for in this Agreement will not be deemed a waiver of any further right hereunder. The rights and remedies of Voidwave in this Agreement are cumulative and are in addition to any rights or remedies Voidwave may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
32. Equitable Actions
You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Voidwave which would not be adequately compensated by monetary damages, and that Voidwave may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts in Georgia or any other court of competent jurisdiction anywhere in the world (at Voidwave's sole discretion), and you hereby consent to the jurisdiction of any such court and waive any objection to venue therein. Any such relief will be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
33. Force Majeure
Neither you nor Voidwave will be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.

34. Notices
Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement will be in writing and will be deemed given on the earliest of: (a) actual receipt, irrespective of the method of delivery; (b) the time of transmission from Voidwave if sent via email, as date stamped by Voidwave's systems; (c) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (d) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
Notices to Voidwave will be delivered to:
Voidwave Software LLC
409 Jasper Xing, Augusta, Georgia 30907

35. Headings/Interpretation
Section headings are for convenience only and will not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement.