TERMS AND CONDITIONS OF USE
IMPORTANT – READ CAREFULLY: These Terms and Conditions of Use create a legal agreement between you (“You” and “Your”) and ooVoo LLC (“ooVoo”) for use of the web site www.oovoo.com (the “Site”). These Terms and Conditions, as updated by ooVoo from time to time, are collectively referred to as the “Terms and Conditions” and govern your use of the Site. You can review the most current version of the Terms and Conditions at any time at oovoo.com/legal/tac.html. By using the Site, You agree to be bound by the Terms and Conditions. If You do not agree to the Terms and Conditions, do not use the Site.
1. REPRESENTATIONS CONCERNING AGE. You represent and warrant that You are either: (a) at least eighteen (18) years old, or (b) the parent or guardian of a child at least fourteen (14) years old and on whose behalf You are agreeing to these Terms and Conditions (a “Minor User”). If You are a parent or guardian of a Minor User, You agree that You are responsible for the acts or omissions of such Minor User, You agree that the Terms and Conditions govern the use of the Site by such Minor User, and You are responsible for ensuring that the Minor User complies with the Terms and Conditions. We do not offer or provide products and services for children under the age of fourteen (14) (a “Child” or “Children”). ooVoo does not offer or provide products and services for children under the age of 14 (a “Child” or “Children”). Children may not use the Site, and ooVoo does not intend to collect personal information from Children. If Your Child has submitted personally-identifiable information and You would like to request such information be removed, You may contact ooVoo via the contact methods described on the Site and ooVoo will remove such information from ooVoo’s database. Any personally-identifiable information voluntarily entered by Children may be available for public access until ooVoo becomes aware that a user is a Child and has a reasonable opportunity to remove the information.
2. CONTENT. On the Site, ooVoo may provide certain content, videos, images, text or other material (collectively, “Content”) regarding its product offerings and services, including, without limitation, information concerning the ooVoo Software program (“Software”). Use of the Software is subject to the terms and conditions of a separate End User License Agreement.
From time to time, ooVoo may provide you with the ability to post and exchange information to allow you to share ideas and information of mutual interest. ooVoo cannot and does not monitor all of the material posted or transmitted by users. You are advised to use your best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at www.oovoo.com/legal/privacy.html. ooVoo does not make any representation concerning the accuracy or completeness of any information supplied by users of the Site. ooVoo assumes no responsibility to screen or review Content provided as part of the Site. ooVoo shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available on the Site. ooVoo expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of the Content review. THE CONTENT FOUND ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.
3. ACCESS TO CERTAIN PORTIONS OF THE SITE. Access to certain portions of this Site may require a login and password information. You agree that you will be responsible for maintaining your login and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your login or password. You agree to immediately notify ooVoo by one of the methods listed in the event that: (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. ooVoo is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. You may contact ooVoo by using the “Contact Us” button on the Site.
4. FILE STORAGE ON OOVOO SERVERS. Certain ooVoo subscription packages may allow you to store or publish files on the ooVoo servers. So long as these published files conform to the Permitted Uses, these files will be retained by ooVoo on the server while your package subscription remains active plus at a minimum an additional thirty (30) days. After thirty (30) days, ooVoo may delete files at any time as it performs regular maintenance of its servers.
5. SUBSCRIPTIONS. OoVoo may charge You for some of its products or services. If you purchase any of ooVoo’s products or services, You agree to the Refund Policy found on our website. You also agree to any terms (such as a minimum term of service, recurring subscription fees, or payment terms) of which we notify you during your purchase of the products or services.
6. ADVERTISING/PURCHASES. ooVoo may display advertising and other information within the interface of the ooVoo website and/or ooVoo software client and/or in connection with the display of website Content, in all cases without compensation to you. ooVoo serves advertisements within or adjacent to the software client or website delivered to you by ooVoo. You understand and agree that ooVoo may include content-targeted advertisements or other related information, as further described in the ooVoo Privacy Policy. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
7. NO THIRD PARTY USE. You may not use the Site in any manner which, in ooVoo’s sole discretion, interferes with its ability to offer its products or services to users. You agree to use the Site solely to accommodate Your own needs, and You may not use or exploit any portion of the Site to provide any commercial services to third parties.
8. PERMITTED USES. You agree to use the Site solely for lawful purposes. In addition, You are responsible for all Content that You upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting ooVoo’s and third parties’ rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of ooVoo’s and third parties’ rights. You agree to use the Content and services solely to accommodate your own personal needs and not to offer the Content to provide any commercial services to third parties. You agree not to use the Site to:
· Record a video or telephone conversation on the Site unless You are in compliance with national and state laws protecting the privacy of communication for all parties to the conversation. Although the laws protecting each person may vary depending on the locality in which that person is situated, You should generally obtain explicit consent from all parties to the conversation before any recording or other use is made of the communication. It is recommended that, at a minimum, each party’s verbal consent be recorded at the beginning of the communication to verify that such consent was obtained;
· Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity (collectively, “Proprietary Rights”);
· Upload, post, email or otherwise transmit any Content that is harmful to minors, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
· Impersonate another person or entity, including without limitation, a representative of ooVoo, falsely represent or misrepresent Your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
· Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
· Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
· Directly or indirectly disrupt or interfere with the Site in any manner that may materially adversely affect ooVoo or any third party;
· Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
· Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
The Content posted on the Site is entirely the responsibility of the user providing such Content. You, therefore, may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. ooVoo cannot and does not monitor all of the material posted by users and cannot prevent such exposure.
9. NO WARRANTY. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OOVOO AND ITS LICENSORS specifically disclaim and exclude ANY AND ALL warranties WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OOVOO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER USER WHO USES THE SITE. OOVOO MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. The entire risk arising out of the use or performance of the Site remains with You, to the maximum extent permitted by law. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. Some jurisdictions do not allow the exclusions or limitations set forth above. Therefore, these exclusions or limitations may not apply to You.
10. LIMITATION OF LIABILITIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, WILL OOVOO OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF OOVOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OOVOO PROVIDES THE SITE FOR YOU AT NO CHARGE. ACCORDINGLY, OOVOO AND ITS LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SITE IS TO CEASE USE OF THE SITE.
11. COPYRIGHT. All title and Proprietary Rights in and to the Site are owned by ooVoo or its licensors. The Site is protected by the copyright laws of the United States and international copyright treaties. Nothing in the Terms and Conditions transfers any Proprietary Rights to You. You may not take any action to jeopardize, limit or interfere with any rights in the Site. You agree that all title and Proprietary Rights in and to any third party Content that is accessed through use of the Site, is the property of the respective Content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
12. PROPRIETARY RIGHTS. You represent and warrant that You have all rights and licenses to post any and all material that You post on the Site, including, without limitation, any Content. You further represent and warrant that the Content submitted by You does not infringe or misappropriate any patent, trademark, copyright, trade secret or other Proprietary Right of any third party. You hereby agree to defend, indemnify, and hold harmless ooVoo and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys’ fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
13. REPORTING VIOLATIONS. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ooVoo’s designated agent for notice of alleged copyright infringement in connection with the Site is _______________. To file a notice of infringement with ooVoo, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
14. PHOTOGRAPHS, IMAGES AND AUDIO CONTENT. You understand that by using the Software with a webcam or other photographic or video device and/or a microphone, You will transmit images and audio to Users. By such use, You hereby permit Users to take your photograph or create other still images or video or audio recordings from the content You transmit (“Content”). You authorize ooVoo and any Users to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Content. You understand that the Content may be altered, adapted, or modified in connection with such use, and that Your Content may be used alone or in combination with a fictitious name. You understand that You will not receive any royalties or other reimbursement for permitting ooVoo and Users to use the Content. You grant ooVoo and other Users the absolute right and permission to copy, record, use, re-use, publish, and re-publish Your Content, with or without Your name, or reproductions thereof or excerpts therefrom, made through any medium, and in any and all media now or hereafter known for any purpose whatsoever. You also consent to the use of any printed matter or other photograph or artwork of any kind without any restriction or limitation thereon, in conjunction therewith. You also understand that You will have no copyright or other rights with respect to the Content as they are used by ooVoo or Users. You hereby release, discharge and agree to hold harmless ooVoo and any Users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Content.
15. LINKS. The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by ooVoo with respect to the provider of such linked site or the linked site. OOVOO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
16. FEEDBACK. ooVoo may provide You with a mechanism to provide feedback, suggestions and ideas, if You choose, about the Site (“Feedback”). You agree that ooVoo may, at its discretion, use the Feedback You provide in any way, including any future modifications of the Site and/or advertising and promotional materials relating thereto. You hereby grant ooVoo a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information You provide in the Feedback.
17. TERMINATION. The Terms and Conditions may be terminated by ooVoo immediately and without notice if You fail to comply with any term or condition of the Terms and Conditions. Upon such termination, You must immediately cease using the Site. ooVoo reserves the right to discontinue the Site or any features or Content accessible through the Site at any time with or without cause. Without limiting other remedies, ooVoo may limit, suspend, or terminate the Terms and Conditions and Your use of the Site with immediate effect, if ooVoo believes that You are in breach of the Terms and Conditions, infringing a third party’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason, in ooVoo’s sole discretion. ooVoo shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the Site.
18. REPRESENTATIONS. You represent and warrant that You are authorized to enter into the Terms and Conditions and comply with its terms. Furthermore, You represent and warrant that You will at all times comply with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Site. You agree to defend, indemnify, and hold harmless ooVoo and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys’ fees) in connection with or arising out of Your: (a) violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party.
19. GENERAL PROVISIONS. The Terms and Conditions set forth ooVoo’s entire liability and Your exclusive remedy with respect to the Site. You acknowledge that the Terms and Conditions are the complete statement of the agreement between You and ooVoo with respect to the Site, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and ooVoo arising solely through the use of the Site. If any provision of the Terms and Conditions is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of the Terms and Conditions shall be governed by New York law (without reference to choice of law principles). Venue with respect to any dispute between You and ooVoo will rest exclusively in the state or federal courts located in New York, New York. The ooVoo logo and the OOVOO name and logo, among others are trademarks of ooVoo. Other parties’ trademarks or service marks are the property of their respective owners and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ooVoo or the owner of such mark. ooVoo may change the Terms and Conditions from time to time by providing such revised Terms and Conditions to You or by publishing the revised Terms and Conditions on ooVoo’s web site. By continuing to use the Site You agree to be bound by the terms of any new versions of the Terms and Conditions. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. You are not allowed to assign the Terms and Conditions or any rights hereunder. The English version of the Terms and Conditions may be translated into other languages. In the event of any conflict or inconsistency between the English version and any other language version of the Terms and Conditions, the English version shall prevail to the extent of such conflict or inconsistency.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.