Terms and Conditions of use

ATTENTION: PLEASE READ THESE WEBSITE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE; THE RELATED PRIVACY POLICY; ARE AT LEAST THIRTEEN (13) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.

Thank you for reviewing these Terms of Use ("Terms of Use"), which create a legal agreement between you ("you", "your" or "User") and ooVoo, LLC ("ooVoo", "we", "us" or "our") for use of the website, www.oovoo.com (the "Site"). The Site is operated from the United States of America on behalf of ooVoo. If you choose to access the Site from locations outside the U.S., you do so at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or these Terms of Use.

We may from time to time revise these Terms of Use (including by moving or deleting portions of, or adding to, the terms that govern your use of the Site). You are bound by any such revisions and should therefore periodically visit this page to review the then current version of the Terms of Use. If you do not agree with these Terms of Use, you are not authorized to use the Site. Your use of the Site following any changes constitutes your agreement to be bound by the Terms of Use, as changed. In the case of any violation of these basic terms, ooVoo reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all of your visits to and use of the Site, both now and in the future.

1. TERMS OF USE LIMITED TO WEBSITE. These Terms of Use are specific to your use of the Site and do not apply to other activities. Your use of the ooVoo desktop client application, including any associated updates, supplements, enhancements, upgrades, media, printed materials and electronic documentation (collectively, the "Software") is also subject to the additional terms and conditions of a separate End User License Agreement ("EULA"), http://www.oovoo.com/TermsAndPolicies.aspx?pname=EULA.

2. REPRESENTATIONS CONCERNING AGE AND JURISDICTION. You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Software.

3. YOUR PRIVACY. By agreeing to these Terms of Use, you hereby consent to ooVoo's collection and use of your personally identifiable information (PII) and non personal information in accordance with ooVoo's Privacy Policy, http://www.oovoo.com/TermsAndPolicies.aspx?pname=PrivacyPolicy published on the ooVoo website. If you object to the Privacy Policy, do not use the Site.

4. OTHER REPRESENTATIONS. You represent and warrant that you are authorized to enter into the Terms of Use and comply with all its terms and conditions. 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 of Use or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party.

5. RESTRICTED ACCESS TO CERTAIN PORTIONS OF THE SITE. Certain portions of this Site may be restricted to registered users. To access such portions of the Site, a login and password are required. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us 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. We are 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" link on the Site.

6. FILE STORAGE ON OOVOO SERVERS. Certain ooVoo subscription packages may allow you to upload and store files on the ooVoo servers. So long as the uploaded files do not violate these Terms of Use, and subject to storage availability, the files will be retained by ooVoo on our server while your subscription package remains active. Upon expiration of your subscription package, ooVoo may continue to retain these files for an additional thirty (30) days. After thirty (30) days, ooVoo may delete files at any time as it performs regular maintenance of its servers. It is your sole responsibility to maintain copies of your data locally on your equipment if you desire to ensure that such data is preserved.

7. SUBSCRIPTIONS. Certain products and services are offered by ooVoo for a fee. 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 you are notified during your purchase of the products and/or services.

8. THIRD-PARTY ADVERTISEMENTS. ooVoo may display advertisements or other information: (i) within or adjacent to the interface of the Site; (ii) within or adjacent to the ooVoo client application; (iii) and/or in connection with the display of website content, in all cases without compensation to you. You understand and agree that ooVoo may include targeted advertisements or other related information, as further described in the 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.

9. 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.

10. LINKS TO OTHER WEBSITES. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave the Site. We do not review these third party sites and do not control them, nor are we responsible for any of these sites or their content. Thus, ooVoo does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, then you do this entirely at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS OF OOVOO. All rights, title and interest worldwide, including all associated intellectual property rights in and to the Site, including any images or text, audio or video or other content, and any software downloadable or otherwise made available by ooVoo through the site ("Software") (collectively, "ooVoo Content"), are owned by ooVoo or its licensors. The Site is protected by the copyright laws of the United States and international copyright treaties, and other intellectual property rights laws. Nothing in these Terms of Use 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 not contained in the Site, but may be 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. USE OF SITE AND RESTRICTIONS. You are authorized to view and download the ooVoo Content on the Site for your personal non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original ooVoo Content on any copies of the ooVoo Content. The ooVoo Content displayed on or available from the Site, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of ooVoo. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. We also reserve the right to terminate your authorization to use any services within the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms of Use.

    12.1	User Comments. From time to time, ooVoo may provide you with the ability to post, transmit, or otherwise exchange information for the limited purpose of sharing ideas, suggestions, feedback and information of mutual interest through the Site. ooVoo cannot and does not monitor such information or other content from you or from other users (collectively "Comments"). Please be aware, if you choose to participate in such an activity, Comments you share may be visible to other users of the Site and may be transmitted by other users of the Site to others not using or connected with the Site. We have no control over and are not responsible for the use or distribution of your Comments. You agree that ooVoo or any of its affiliates may use your Comments for any purpose whatsoever. Your disclosure of any Comments shall also constitute an assignment to ooVoo of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, ooVoo will own exclusively all such rights, titles and interests and shall not be limited in any way in its use of any Comments, commercial or otherwise. ooVoo is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay you or any other party any compensation for any Comments; or (iii) respond to any Comments.
    12.2	Representations Regarding Your User Comments. 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 Comments. You further represent and warrant that the Comments submitted by you does not infringe or misappropriate any patent, trademark, copyright, trade secret or other intellectual property right or violate the right of privacy or publicity of any third party or is defamatory or disparaging of any person or entity. You further represent that no communications or materials submitted by you to the Site will be unlawful, abusive or obscene material. You are and shall remain solely responsible for the Comments of any communications or materials you post or transmit. 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.
    12.3	Accuracy of Content. All ooVoo Content presented by ooVoo through the Site is presumed to be accurate, but not guaranteed. Further, we are not responsible for the accuracy of any Comments. ooVoo will not be responsible for any consequences arising from your reliance on the accuracy of any ooVoo Content or Comments contained within the Site.
    12.4	Removal of Content. ooVoo shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any ooVoo Content or Comments contained within the Site. ooVoo expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of such content review.

13. PROHIBITED BEHAVIOR. ooVoo is under no obligation to review or monitor, and assumes no responsibility or liability arising from, the content including Comments and User Content as defined in the EULA, uploaded to any locations in the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, threat, or inaccuracy contained in any information within such locations on the Site. You are responsible for all content that you upload, post, email or otherwise transmit using the Site. You agree to use the Site solely to accommodate your own lawful personal or business needs.

    You also agree not to use the Site (including the Software) to do any of the following (collectively, "Prohibited Behavior"):

    • record a video or telephone conversation or text message or other form of communication on the Site unless you are in compliance with all applicable laws - whether federal, state, local or international - 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 express and informed 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;
    • intercept, tap into, record, monitor, damage, alter, manipulate or modify any communication not intended for you;
    • capture, alter, adapt or modify any content, including, images, audio, text or other materials transmitted by other users without their explicit and informed consent;
    • collect, store, disclose, disseminate or distribute personal data with respect to third parties except as contemplated by the Terms of Use and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
    • upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person entity unless you have express permission from the respective owners of such materials to do so;
    • harm minors in any way, including through any form of child pornography. The content may be reported to the appropriate legal authority and/or your ISP may be contacted;
    • upload, post, email, or otherwise transmit, disseminate or distribute any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, disparaging, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive;
    • engage in any activity that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
    • provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party;
    • knowingly or recklessly permit others to use the Site: (i) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (ii) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (iii) so as to materially interfere with the use of the Site by other customers or authorized users; or (iv) in a manner which, in our opinion, is inconsistent with the generally accepted rules of internet etiquette and conduct;
    • 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 or unlawful form of unsolicited communication;
    • upload, post, email or otherwise transmit without authorization any material that contains personal, private, or financial information or other personally identifiable 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, driver's license numbers, dates of birth, passwords or other similar information.
    • obtain or attempt to obtain service by any means or device with intent to avoid payment;
    • engage in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user of the Site or on another ISP's network;
    • 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;
    • interfere with the use or enjoyment of the Site by other customers or authorized users. This shall include excessive use of services which impair the fair use of other customers;
    • hold ooVoo, its suppliers, officers, directors, employees, agents, affiliates or shareholders up to public scorn, ridicule, or defamation; or
    • impersonate any person or entity, including, but not limited to, a ooVoo official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

14. 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 Software is as follows:

    Frank Miele
    44 E 30th St, 12th Floor
    New York, NY 10016
    Frank.miele@oovoo.com
    
    
    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.

15. TERMINATION. Without limiting other remedies, ooVoo may immediately issue a warning, suspend (i.e., lock out your access to the Site), restrict either temporarily or indefinitely, or terminate your account if: (i) we believe that you have violated or acted inconsistently with these Terms of Use, or any of our policies; (ii) you have failed to pay fees or other payments due to ooVoo; or (iii) we believe that your actions may cause legal liability for ooVoo, our other customers, or yourself.

    ooVoo may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that ooVoo may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Site. Further, you agree that ooVoo shall not be liable to you or any third-party for any termination of your access to the Site.

    Upon termination of this agreement by either you or ooVoo, all of your rights under this agreement will terminate immediately.

16. INDEMNIFICATION. You agree to defend, indemnify and hold ooVoo harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use or misuse of the Site.

17. DISCLAIMER. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, PROVIDED ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OOVOO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

18. LIMITATION OF LIABILITIES. NEITHER OOVOO NOR ANY OF ITS LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE SITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

19. APPLICABLE LAWS AND VENUE. This Site and these Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of New York without giving effect to any principles of conflicts of laws. ooVoo makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Venue with respect to any dispute (not subject to arbitration as provided below) between ooVoo and User will rest exclusively in the state or federal courts located in New York, New York unless such venue would deprive User of any remedy, at law or in equity, which would otherwise be available in User's state of residence. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

20. DISPUTE RESOLUTION. User shall first contact ooVoo regarding any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof. In the event such claim or controversy cannot be resolved informally, User and ooVoo agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. Any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. User agrees that, by accepting these Terms of Use, User waives the right to bring an action relating to these Terms of Use as part of a class action suit. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. Unless ooVoo and User agree otherwise, any arbitration hearings will take place in the county (or parish) of User's residence. If the claim or controversy is for $10,000 or less, Company agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

21. USE OF TRADEMARKS. The ooVoo name, logo and combination thereof, 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. Also, ooVoo regards the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treats the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

22. MISCELLANEOUS 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 of Use 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. 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 of Use or any rights hereunder. The English version of the Terms of Use 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 of Use, the English version shall prevail to the extent of such conflict or inconsistency.