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Viotalk Terms and Conditions


SERVICE LICENSE AND USER AGREEMENT

Welcome to Viotalk.com. Internet based video communication site
In this Viotalk.com Service License and User Agreement ("SUA"), we call our video communication service the "Viotalk.com video communication System." To use the Viotalk.com Video communication system you must accept the terms of this SUA (by clicking "I have read and agree to the usage terms and privacy policy.") and starting using the services

To use the Viotalk.com Video communication system, you must also:

Register as a user of the Viotalk.com Video communication system; and Enter into this SUA.

IMPORTANTLY, minors can only use the Viotalk.com Video communication system by having their parent or legal guardian sign up to use the Viotalk.com Video communication system and enter into this SUA. Viotalk.com may require that the registrant provide sufficient information to indicate that the registrant is an adult.

By clicking the "I agree to the usage terms and privacy policy SUBMIT" button, you are stating that you are at least 18 years of age, and that you agree to be bound by all of the terms and conditions of this SUA.

This SUA is legally binding. Please read the terms of the SUA carefully.
The following are the terms and conditions for use of the Viotalk.com Video communication system and related Service. Please read them carefully. The term "User" in this SUA refers to any person or entity that uses the Viotalk.com Video communication system.
If you commit any material breach this SUA, all subsequent use of the Viotalk.com Video communication system by you is unauthorized and illegal. Viotalk.com reserves the right to take legal action arising from any unauthorized or illegal use of the Viotalk.com Video communication system, and to prohibit your from making any further use of the Viotalk.com Video communication system. Unauthorized or illegal use of the Viotalk.com Video communication system may also subject you to civil and/or criminal liability.
Viotalk.com may elect at its sole discretion to monitor some, all, or none of the areas of the Viotalk.com Video communication system for adherence to this SUA or for any other reason.

1. ACCOUNT INFORMATION

1.1 Registration.

You agree to provide Viotalk.com with ongoing, accurate, complete, and updated registration information.

1.2 User Account.

When you register online to use the Viotalk.com Video communication system, you will receive a password and a user account ("User Account"). You can have multiple User Accounts. You are entirely responsible for any and all activities conducted through your User Account. If you permit someone else to use your User Account, you must ensure that they comply with this SUA, and you agree to be liable for all liabilities arising from such use. You agree to notify Viotalk.com immediately of any unauthorized use of your password or any of your User Accounts, or of any other breach of security.

1.3 Passwords.

Upon your registration as a User of the Viotalk.com Video communication system, you will select a password. You are responsible for maintaining the confidentiality of your password, and you agree to be liable for all liabilities resulting from any disclosure of your password. Therefore, for security purposes, Viotalk.com recommends that you change your password often. At no time should you respond to an online request for a password, except when prompted by the Viotalk.com Administrator. Viotalk.com employees will never ask for your password online.

1.4 Viotalk.com IDs.

Upon your registration as a User of the Viotalk.com Video communication system, you must choose one Viotalk.com ID to identify yourself to other Users and Viotalk.com staff. You may not select or use an Viotalk.com ID of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which Viotalk.com deems in its sole discretion to be vulgar or otherwise offensive. Viotalk.com reserves the right to delete any vulgar or otherwise offensive Viotalk.com ID, or to require deletion thereof.

1.5 Former Users.

Users whose accounts have been terminated by Viotalk.com may not access the Viotalk.com Video communication system in any manner or for any reason without the express written permission of Viotalk.com. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts.

2. SERVICE LICENSE AND CHARGES FOR USE OF THE VIOTALK.COM VIDEO COMMUNICATION SYSTEM

2.1 Service Covered by this SUA.

This SUA covers the Viotalk.com Service (the "Service") that you are using online as a service which enable you to use the Viotalk.com Video communication system.

2.2 License.

Subject to the terms and conditions set out in this SUA, Viotalk.com grants you a non-exclusive, non-transferable license to install the Service on your computer, and to use the Service for the purpose of engaging in video-conferencing sessions implemented through the Viotalk.com Video communication system operated by Viotalk.com.

2.3 Service Restrictions.

You may not use the Service for any purpose other than engaging in video-conferencing sessions implemented through the Viotalk.com Video communication system. You may not make any alterations or modifications to the Service. You may not sublicense, rent, or lease the Service, or transfer or assign the license granted pursuant to this SUA or any interest therein. You may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Service. You may not make any copies of the Service, except for copies made strictly for backup purposes. You may not transmit the Service over a network. You may not use the Service to gain unauthorized access to the Viotalk.com Video communication system.

2.4 Intellectual Property Rights in Service.

You acknowledge and agree that, except as set out below, any and all copyright, moral rights, patent rights, and other intellectual property rights in the Service are owned by Viotalk.com. You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Service, or contained in any written material which may relate to the Service. You also acknowledge and agree that the Service has been developed in part by, and may include Service licensed by, third party licensors. If you violate any provisions of this SUA, you may incur legal liability to those third party licensors, in addition to Viotalk.com.

2.5 Charges.

Users of the Viotalk.com Video communication system are charged for services in accordance with the service plan level to which they subscribe.

3. USER PRIVACY

It is Viotalk.com's policy to respect the privacy of its Users. Please refer to Viotalk.com's Privacy Policyhttp://www.Viotalk.com privacy policy for more information. You agree that Viotalk.com may access and disclose any information about you or your User Account as stated in the Privacy Policy. Viotalk.com may amend its Privacy Policy from time to time and your continued use of the Viotalk.com Video communication system constitutes your agreement to this Privacy Policy and any future revisions. However, Viotalk.com will make reasonable efforts to notify you and obtain your consent before implementing revisions that may be materially less restrictive on our use or disclosure of personal information you have provided to us. If you intend to use the Viotalk.com Video communication system in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that the personal information you provide will be transferred to the United States for use by Viotalk.com and its affiliates for any of the purposes described in this Privacy Policy. By using the Viotalk.com Video communication system and providing us with your personal information, you consent to the transfer and use of your personal information.

4. RESTRICTION ON MATERIAL TRANSMITTED

The term "Content" includes all communications, text, audio, video, graphics, sounds, and other material.
You may not use the Viotalk.com Video communication system or Service to transmit any Content which:

harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
includes sexually explicit images or other content which is offensive or harmful to minors,
includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material
based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
impersonates any person or the appearance or voice of any person,
utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
contains any unsolicited advertising, promotional materials, or other forms of solicitation,
contravenes any application law or government regulation,
violates any operating rule, regulation, procedure, policy or guideline of the Viotalk.com Video communication system as published from time to time on the
Viotalk.com website,
may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or
privacy right,
distributes Service or other Content in violation of any license agreement or
defaces the Viotalk.com Video communication system.

In addition, if Viotalk.com becomes aware that you are using the Viotalk.com Video communication system to transmit any other Content which Viotalk.com considers inappropriate, Viotalk.com may notify you to advise that transmission of such Content through the Viotalk.com Video communication system is prohibited. The prohibitions set out in the section will apply to such Content immediately upon such notification. Viotalk.com shall also have the right to block your use of the Viotalk.com Video communication system. Such action may be immediate and without notice.
You acknowledge that Viotalk.com does not monitor or edit the Content which you transmit to others using the Viotalk.com Video communication system, and accepts no responsibility what-so-ever for that Content.
If you witness any transmission of prohibited Content by others, Viotalk.com encourages you to contact Viotalk.com customer service at support@Viotalk.com.

5. OTHER RESTRICTIONS ON USE

You may not use the Viotalk.com Video communication system to:
(i) Harvest or otherwise collect information about others, including email addresses, without their consent, or
(ii) Attempt to gain unauthorized access to the Viotalk.com Video communication system, other User Accounts, computer systems or networks connected to the Viotalk.com Video communication system, through password mining or any other means.
Viotalk.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Viotalk.com Video communication system, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).

6. INDEMNIFICATION

You will indemnify and hold Viotalk.com, its officers, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, action or proceeding brought against Viotalk.com or its officers, directors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of this SUA, or from any use which you make of the Service and the Viotalk.com Video communication system. Viotalk.com shall have the right to control the defense, settlement, adjustment or compromise of any such claim, action or proceeding using counsel selected by Viotalk.com. Viotalk.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Without limiting the generality of the preceding paragraph, you agree that the indemnity provided in this section shall include and apply to any liabilities, losses, damages, costs and expenses arising from Content you transmit to others using the Viotalk.com Video communication system.

7.DISCLAIMER OF WARRANTY

To the maximum extent allowed by law, Viotalk.com, its officers, directors, employees, shareholders, agents, licensors and subcontractors disclaim any and all warrants, representations, covenants, and conditions as set out below.
No advice or information, whether oral or written, obtained by you from Viotalk.com or through the Viotalk.com Video communication system shall create any warranty not expressly stated herein.
7.1

viotalk.com video communication system used "as is" and "as available" and "with all faults". You expressly agree that use of the viotalk.com video communication system and all service distributed by viotalk.com in connection therewith are at your sole risk. the viotalk.com video communication system and all service distributed by viotalk.com are provided on an "as is" and "as available", "with all faults" basis and without warranties or conditions of any kind, either express or implied.

7.2

viotalk.com not responsible for products or services. You acknowledge that viotalk.com does not control in any respect any information, products or services offered by third parties through the viotalk.com video communication system.Viotalk.com does not endorse, warrant or guarantee any product or service offered through the viotalk.com video communication system by any third party. Viotalk.com will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. Viotalk.com will not bear any responsibility for the products, services, or actions of any third parties.

7.3

No warranties of quality. without limiting any other provision of this section 7 and in addition to all other provisions of this section 7, to the fullest extent permitted by applicable law, viotalk.com expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the viotalk.com video communication system and all service distributed by viotalk.com in connection therewith.Viotalk.com makes no warranty that the viotalk.com video communication system or the service will meet your requirements, or that the viotalk.com video communication system will be uninterrupted, timely, secure, or error free. Viotalk.com does not make any warranty or representation as to the use or the results that may be obtained from the use of the viotalk.com video communication system.you acknowledge that the viotalk.com video communication system and service may be subject to operating errors or defects including, but not limited to loss of data, delays, nondeliveries, errors, system down time, misdeliveries, network or system outages, file corruption, or service interruptions. no such event shall constitute a breach of this or any other contract on the part of viotalk.com, even if caused by the negligence or gross negligence of viotalk.com or any of its employees, agents, licensors or subcontractors.

7.4

No warranty relating to content received through the viotalk.com video communication system. You acknowledge that viotalk.com does not monitor or edit the content which you receive from others through the viotalk.com video communication system, and accepts no responsibility or liability for that content regardless if such content is transmitted to you in breach of the terms of this SUA. viotalk.com makes no warranty with respect to the content you may receive through the viotalk.com video communication system. in particular, without limiting the generality of the foregoing, viotalk.com makes no warranty that such content will be free of any of the other types of content listed under section 4 above or any virus, worm, trojan horse, time bomb, cancelbot, or other destructive program you expressly acknowledge that as used in this section 7, the terms viotalk.com includes viotalk.com's officers, directors, employees, shareholders, agents, licensors and subcontractors.

8. EXCLUSION OF DAMAGES

in no event will viotalk.com, its officers, directors, employees, shareholders, agents, licensors and subcontractors be liable for any damages, including without limitation any:
special, indirect, or consequential damages;
lost profits, lost savings, business interruption, or loss of business information;
loss of privacy, loss of reputation, or emotional distress; or
any other pecuniary or non-pecuniary loss or damage of any nature whatsoever;

in each case, in connection with the viotalk.com video communication system, the service or with any other product or service provided by viotalk.com, or resulting from the use or the inability to use the viotalk.com video communication system, or from any content transmitted though the viotalk.com video communication system or from any goods or services purchased or obtained or transaction entered into through or from the viotalk.com video communication system, or from unauthorized access to or alteration of your transmissions, data, or account, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of viotalk.com, and even if viotalk.com has been advised of the possibility of such damages.

viotalk.com's entire liability and your exclusive remedy with respect to use of the viotalk.com video communication system and all service distributed by viotalk.com shall be the replacement of any service developed by or for viotalk.com which is found to be defective, using media chosen by viotalk.com. viotalk.com's shall have no monetary liability for any reason in connection with your use of the viotalk.com video communication system and the service. you expressly acknowledge that as used in this section 8, the terms viotalk.com includes viotalk.com's officers, directors, employees, shareholders, agents, licensors and subcontractors.

9. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that: (a) the Viotalk.com Video communication system may permit access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by Viotalk.com or third parties (collectively, "Rights"), (b) these Rights are valid and protected in all media existing now or later developed, and (c) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. Applicable laws may prohibit you from making a copy of audio or video content through the Viotalk.com Video communication system without the permission of all parties to the conversation or participants in the video. Other than as specified above, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through the Viotalk.com Video communication system.

10. TERMINATION

Either you or Viotalk.com may terminate your User Account and this SUA at any time with or without cause. Your only remedy with respect to any dissatisfaction with (i) the Viotalk.com Video communication system, (ii) any SUA term, (iii) any policy or practice of Viotalk.com in operating the Viotalk.com Video communication system, or (iv) Content transmitted through the Viotalk.com Video communication system, is to terminate your User Account. Your notice of termination will be effective upon receipt by Viotalk.com or upon receipt of confirmation if confirmation is requested. Upon termination of this SUA for any reason, you must destroy all tangible and intangible embodiments or copies of the Service in your possession.

11. MODIFICATION OF SUA

Viotalk.com reserves the right, at its discretion, to revise this SUA at any time, and such revisions will be effective immediately upon the posting of the revised SUA on Viotalk.com's website. You agree to review the SUA periodically to become aware of such revisions. If any such revision is unacceptable to you you're only remedy is to terminate your User Account as provided in Section 10. Your continued use of the Viotalk.com Video communication system and/or the Service following posting of the revised SUA on Viotalk.com's website shall be conclusively deemed to be acceptance of all such revisions.
12. GENERAL PROVISIONS 12.1 If any provision of this SUA is held to be unenforceable or contrary to law for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances.

12.2 The section headings contained in this SUA are for the purposes of convenience only and are not intended to define or limit the contents of said sections, and have no legal or contractual significance.

12.3 Viotalk.com and you are independent contractors under this SUA.

12.4 Viotalk.com' failure to enforce at any time any of the provisions of this SUA shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Viotalk.com of any provision, condition or requirement of this SUA shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this SUA, no default, delay or failure to perform on the part of Viotalk.com shall be considered a breach of this SUA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Viotalk.com.

12.5 You acknowledge that you have read this SUA, understand it, and agree to be bound by its terms and conditions. This SUA, the Viotalk.com's Privacy Policy and the Service License Agreement represent the complete and exclusive statement of the agreements concerning the Viotalk.com Video communication system between you and Viotalk.com and supersede all prior agreements between the parties regarding the Viotalk.com Video communication system.

13. WARRANTY

This service is provided "as is" and any expressed or implied * warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are disclaimed. in no event shall viotalk.com or its contributors be liable for any direct damages in excess of $1,000, nor for any indirect, incidental, special, exemplary, or consequential damages (including, but not limited to procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory * of liability, whether in contract, strict liability, or tort * (including negligence or otherwise) arising in any way out of the use of this service, even if advised of the possibility of suchdamage.

14. GOVERNING LAW

In enforcing, interpreting and for all other purposes, this SUA will be governed by the substantive laws of the State of Utah and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of Utah, Salt Lake City.