VUVOX Network, Inc. - Terms of Use Agreement
1. Your Acceptance
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING AND/OR VISITING THIS WEBSITE collectively, including all Content, Applications and Services available through VUVOX Network, Inc. (the VUVOX Network), the VUVOX.com domain name (“VUVOX”, "VUVOX Website", “Site”), or applications offered from time to time by VUVOX Network (collectively, the “VUVOX Services”). This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of VUVOX. By using VUVOX, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the VUVOX Website) or you are a "Member" (which means that you have registered with VUVOX). The term "User" or “Customer” refers to a Visitor or a Member. You are only authorized to use the VUVOX Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
This Agreement includes the VUVOX policy for acceptable use of the VUVOX Services and Content posted on the VUVOX Website, your rights, obligations and restrictions regarding your use of the VUVOX Services and the VUVOX Privacy Policy. In order to participate in certain VUVOX Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the VUVOX Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
This Agreement shall remain in full force and effect while you use the VUVOX Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. VUVOX may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF VUVOX’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.vuvox.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the VUVOX Website and discontinue use of the VUVOX Services immediately. If you wish to become a Member, communicate with other Members and make use of the VUVOX Services, you must read this Agreement and indicate your acceptance during the Registration process.
2. VUVOX Website
The VUVOX Website may contain links to third party websites that are not owned or controlled by VUVOX. For example, if you click on a banner advertisement, the click may take you to another site. These links may include links from advertisers, sponsors and content partners that may use VUVOX logo(s) as part of a co-branding relationship. VUVOX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. VUVOX explicitly disclaims any responsibility for the accuracy, content or availability of information found on sites that link to or from VUVOX. In addition, VUVOX will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve VUVOX from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the VUVOX Website and to read the terms and conditions and privacy policy of each other website that you visit.
VUVOX cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from VUVOX or with any third-party content on the Site, regardless of whether such link is made with VUVOX’s permission. If VUVOX provides links, or permit others to link to VUVOX, VUVOX does so only as a convenience for you, and the inclusion of any link does not imply affiliation, endorsement or adoption by VUVOX of the third party site or any information contained therein. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. VUVOX reserves the right to disable links from third-party sites to the Site, although VUVOX is under no obligation to do so.
VUVOX makes it possible to post media Channels that are hosted on VUVOX to outside websites. While this use is encouraged, Channels posted on other websites, must provide a link back to VUVOX and the originating account page.
The Website is controlled and offered by VUVOX from its facilities in the United States of America. VUVOX makes no representations that the VUVOX Website is appropriate or available for use in other locations. Those who access or use the VUVOX Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
3. Website Access
A. VUVOX hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without VUVOX prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. VUVOX reserves the right to refuse service to anyone for any reason at any time. Appropriate legal action will be taken for any illegal or unauthorized use of the VUVOX Services.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are responsible for any activity that occurs under your screen name VUVOX reserves the right to limit the number of accounts a user can establish on the site. This limit may change over time at VUVOX’s discretion. VUVOX and you both have the right to terminate or cancel your account or a particular subscription at any time. VUVOX has no obligation to provide a refund in the event that your account or a particular subscription is terminated or canceled. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not reveal your password to other users. (If you forget your password, you can tell us your reminder words and we will send you your password.) You must notify VUVOX immediately of any breach of security or unauthorized use of your account. Although VUVOX will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VUVOX or others due to such unauthorized use. The term of this Agreement will commence upon your use of the Service and will survive even after you have stopped using the Service.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the VUVOX servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VUVOX grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VUVOX reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property rights
The content on the VUVOX Website, except all User Submissions (as defined below), including without limitation, the software, code, technical documentation, manuals, product information, scripts, text, design, graphics, photos, sounds, sound files, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to VUVOX, or its subsidiaries or affiliated companies subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the VUVOX are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. VUVOX reserves all rights not expressly granted in and to the Website and the Content. All other trademarks, services marks, product names and company names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-sublicensable right to access the Site. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, noncommercial and informational use you must retain all copyright and other proprietary notices contained therein. Except for the limited license granted to you above, you are not conveyed any other right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of VUVOX or any third party, and any other use of the Site or the Materials without a separate express license from VUVOX is strictly prohibited and constitutes an infringement of VUVOX intellectual property rights.
You must not modify, adapt or hack VUVOX or modify another website so as to falsely imply that it is associated with VUVOX. In the event you acquire or are otherwise permitted by VUVOX to download any software or content from any VUVOX Site, such software and content, including any files or images incorporated therein or generated by the software, will be licensed to you by VUVOX or third-party licensors for your personal, noncommercial home use only subject to the terms and conditions of the applicable End-User License, and VUVOX retains full and complete title to the software and the content and all copies thereof and all intellectual property rights therein. You agree not to tamper with, circumvent or attempt to tamper with or circumvent any security methods designed to prevent unauthorized access, use or copying of any software or content on the Site or on our servers. Furthermore, you agree not to engage in any "hacking," any other activities that may expose any software or content on the Site or on our servers to unauthorized access or the distribution of instructions or tools for others to engage in such "hacking." Any unauthorized use of the Site by you or connected to your account will, without prejudice to any other rights VUVOX may have, terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including those pertaining to trade dress) and communications regulations and statutes.
5. User Submissions
A. The VUVOX Website may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, VUVOX does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize VUVOX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to VUVOX, you hereby grant VUVOX a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the VUVOX Website and VUVOX (and its successor's) business, including without limitation for promoting and redistributing part or all of the VUVOX Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the VUVOX Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the VUVOX Website.
C. Please choose carefully the information you post on VUVOX.com and that you provide to other Users. Your VUVOX public profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other VUVOX Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VUVOX assumes no responsibility or liability for this material. If you become aware of misuse of the VUVOX Services by any person, please contact VUVOX or click on the "Flag as Inappropriate Content" link located on any VUVOX content page.
D. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant VUVOX all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage VUVOX or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business, broadcast, perform, market, sell or make commercial use of the Site or any Materials; (v) modify or otherwise make derivative uses of the Site or the Materials; (vi) download (other than page caching) any portion of the Site or make any use of the Site other than for its intended purpose; (vii) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page); (viii) impersonate another person. VUVOX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and VUVOX expressly disclaims any and all liability in connection with User Submissions. VUVOX does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and VUVOX will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. VUVOX reserves the right to remove Content and User Submissions without prior notice. VUVOX will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. VUVOX also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, illegal or violates the rights, harm, or threaten the safety of any person, or is of excessive length. VUVOX may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to VUVOX customer service by contacting copyright@vuvoxnetwork.com or by writing the address below.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Copyright Agent Designated to Receive Notification of Claimed Infringement:
Copy Right Agent, VUVOX Network, Inc.
270 Chestnut St., #202
Redwood City CA 94063
650-241-0263
e-mail: copyright@vuvoxnetwork.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's address in our records.
F. You understand that when using the VUVOX Website, you will be exposed to User Submissions from a variety of sources, and that VUVOX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VUVOX with respect thereto, and agree to indemnify and hold VUVOX, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the VUVOX Services. VUVOX reserves the right to investigate and take appropriate legal action against anyone who, in VUVOX’s sole discretion, violates this provision, including without limitation, removing the offending communication from the VUVOX Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of VUVOX:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
H. The following is a partial list of the kind of activity that is illegal or prohibited on the VUVOX Website and through your use of the VUVOX Services. VUVOX reserves the right to investigate and take appropriate legal action against anyone who, in VUVOX’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the VUVOX Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the VUVOX Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, VUVOX reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which VUVOX deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the VUVOX Services, you acknowledge that you will have caused substantial harm to VUVOX, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VUVOX $50 for each such unsolicited email or other unsolicited communication you send through the VUVOX Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any VUVOX page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the VUVOX Services or the networks or services connected to the VUVOX Services;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the VUVOX Services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the VUVOX Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose;
11. using the VUVOX Services in a manner inconsistent with any and all applicable laws and regulations.
H. For commercial related submission we request that you do not submit any creative ideas, concepts, suggestions or creative materials other than those that we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. If, through participation in certain activities or in response to a request, you send any material to VUVOX (e.g., postings to chat rooms or message boards, or contest entries) or, if despite our request, you send us any unsolicited creative materials, content, suggestions, ideas, notes, plans, drawings, concepts, comments or other information (collectively, "Submissions"), such Submissions shall be deemed, and shall remain, VUVOX property. None of the Submissions shall be subject to any obligation of confidentiality on VUVOX’s part and VUVOX shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, VUVOX shall exclusively own, and by making such Submission you hereby grant to us, all now-known or hereafter existing right, title and interest in and to the Submissions of every kind and nature throughout the universe, and VUVOX shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation, acknowledgement or obligation of any kind to the provider of the Submissions or any other person or entity.
I. VUVOX permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, VUVOX provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the VUVOX website on the pages containing the Embeddable Player. VUVOX reserves the right to discontinue any aspect of the VUVOX Website at any time.
5. Services Payment
You acknowledge that VUVOX reserves the right to charge for the VUVOX Services and to change its fees from time to time in its discretion. If VUVOX terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
A. VUVOX offers some "premium" content and service features, and subscriptions for a fee. VUVOX will inform you if you are required to pay a fee for the service or feature you are interested in and if you proceed you will be obligated to pay the fees presented to you. PLEASE KEEP IN MIND THAT ANY FEES YOU PAY ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.
B. VUVOX reserves the right to change our fees or billing methods at any time and will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on VUVOX and you are responsible for reviewing the billing section of VUVOX to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on VUVOX means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but VUVOX will not refund any fees. If your use of our services is subject to use or sales tax, then VUVOX may also charge you for any such taxes.
C. VUVOX accepts payment via credit card or Pay Pal. When you provide credit card information to VUVOX you represent that you are the authorized user of the card. Each month that you have a VUVOX account, you agree and reaffirm that VUVOX is authorized to charge your credit card for the subscription fee. You agree to promptly notify VUVOX of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify VUVOX if your credit card expires or is canceled for any reason.
D. VUVOX may, from time to time, offer free trials. Please be aware that if you accept a free trial we will begin to bill your account for that feature or subscription when the free trial expires, unless you cancel it before that time; or if you agree to terms of any other promotion associated with it.
7. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VUVOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VUVOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, ALLTERATIONS, DEFECTS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VUVOX WEBSITE. VUVOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VUVOX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VUVOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL VUVOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VUVOX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE OR $100 (WHICHEVER IS LESS). YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
AMENDMENT
YOU SPECIFICALLY ACKNOWLEDGE THAT VUVOX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnity
You are entirely responsible for maintaining the confidentiality of your member name(s) and password(s) for your VUVOX Account(s), as well as all activities that occur under your VUVOX Account(s). You agree to defend, indemnify and hold harmless VUVOX, its parent corporation, officers, directors, employees, affiliates and agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the VUVOX Website; (ii) your violation, breach or alleged breach of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Service and your use of the VUVOX Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the VUVOX Website is not intended for children under 13. If you are under 13 years of age, then please do not use the VUVOX Website.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VUVOX without restriction.
12. Termination
VUVOX respects the intellectual property rights of others, and we ask our users to do the same. VUVOX has adopted and implemented a policy that provides for the termination, in appropriate circumstances in our discretion, of users who are repeat infringers of the copyrights of others.
VUVOX reserves the right to immediately terminate these Terms of Use with respect to you (including your access to the VUVOX Site) with or without cause and without notice to you in our sole discretion and to block your access to and use of the Site. Upon termination, you must cease use of the VUVOX Site and destroy all materials obtained from VUVOX and all copies thereof, whether m
13. General
You agree that: (i) the VUVOX Website shall be deemed solely based in California; and (ii) the VUVOX Website shall be deemed a passive website that does not give rise to personal jurisdiction over VUVOX Network, Inc., either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and VUVOX Network, Inc. that arises in whole or in part from the VUVOX Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.vuvox.com/privacy and any other legal notices published by VUVOX on the Website, shall constitute the entire agreement between you and VUVOX concerning the VUVOX Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and VUVOX failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
VUVOX reserves the right, at our sole discretion, to modify, add or delete portions of these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. You agree to be bound to any changes to this Agreement when you use the VUVOX Services after any such modification is posted.
Your use of the VUVOX Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VUVOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VUVOX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
QUESTIONS ABOUT THESE TERMS OF USE
If you have any questions about these Terms of Use, please contact us by sending an email to: customerservice@vuvoxnetwork.com
OTHER APPLICABLE TERMS
Privacy Policy: VUVOX believes in protecting user privacy. Therefore, VUVOX has adopted a Privacy Policy. You should refer to our Privacy Policy to fully inform users how we use and collect information from you. These Terms of Use shall govern in the case of, and to the extent of, any inconsistency with our Privacy Policy. Code of Conduct: By using the Site, you agree to our Code of Conduct. Review it carefully before using the Site, including but not limited to its Forums (defined below) or other interactive features. Software and Content Licenses: When you download any software or content from the Site as authorized by VUVOX, your use thereof is subject to the terms of an end-user license agreement applicable to such software or content which will be made available to you at the time of download (the "End-User License"). Your downloading of such software or content signifies your agreement to the terms of such End-User License, and you should carefully read the applicable End-User License before downloading any software or content from the Site. Any use, reproduction or distribution of such software or content other than in accordance with the terms of the End-User License is expressly prohibited by law. You acknowledge that the software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country in which export to such country would be a violation of export control laws or regulations. No Software may be downloaded from the VUVOX Services or otherwise exported or re-exported in violation of U.S. export laws. The downloading of content and software from the Site is restricted to residents of the United States. By downloading content or software from the Site, you represent and warrant that you are a resident of the United States. -------------- VUVOX - your visual voice