1. IMPORTANT: YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE VoiceandVideoChat SITE. THESE TERMS AND CONDITIONS, TOGETHER WITH THE VoiceandVideoChat SOFTWARE LICENSE, REPRESENT THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND WEB ENTERTAINMENT, LLC. WHICH OWNS AND OPERATES VoiceandVideoChat. YOUR USE OF VoiceandVideoChat INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT AND OR UNINSTALL VoiceandVideoChat.
A. Web Entertainment, LLC will make available the most current TOS on the VoiceandVideoChat.com web site. You are responsible for regularly reviewing the TOS. Web Entertainment, LLC may modify the TOS at any time with or without notice to you. In any case, such modifications shall be effective when posted by Web Entertainment, LLC. Each time you use VoiceandVideoChat, you will be deemed to have accepted any and all changes to the TOS.
2. Account Information
(i) Registration. You agree to provide Web Entertainment, LLC with ongoing, accurate, complete, and updated registration information. Failure to do so constitutes a breach of this TOS and unauthorized access to VoiceandVideoChat.com, and may result in immediate termination of your account and subject you to civil and/or criminal liability.
(ii) Master Account and Sub-Accounts When you register online for VoiceandVideoChat.com, you will receive a password and a master account ("Master Account"). You are entirely responsible for any and all activities conducted through your Master Account and any sub-accounts or Member-names under your Master Account ("Sub-Accounts"). You may permit another individual, including a minor, to use your Master Account or Sub-Accounts subject to your supervision and assumption of all resulting liabilities. You agree to notify Web Entertainment, LLC immediately of any unauthorized use of your password or any of your accounts, or of any other breach of security.
(iii) Passwords. Upon your registration as a Member of VoiceandVideoChat.com, you will select a password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your Master Account(s) or any Sub-Accounts. Therefore, for security purposes, Web Entertainment, LLC recommends that you change your password often. (You can do this by selecting the "Tool Box" button on the VoiceandVideoChat.com client, then "Update Profile" function of the VoiceandVideoChat.com client software.) At no time should you respond to an online request for a password, except when prompted by the VoiceandVideoChat.com client or for special VoiceandVideoChat.com promotional programs. Web Entertainment, LLC employees will never ask for your password online. You acknowledge that although VoiceandVideoChat.com offers a feature that allows you to bypass the password protection, this feature permits anyone who has access to your computer to easily access your Master Account and/or Sub-Accounts. Use of this password bypass feature is at your own risk. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS.
(iv) Member Names. Upon your registration as a Member of VoiceandVideoChat.com, you must choose one or more Member names to identify yourself to other Members and VoiceandVideoChat.com staff. You may not select or use a Member name 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 Web Entertainment, LLC deems in its discretion to be vulgar or otherwise offensive. Web Entertainment, LLC reserves the right to delete any vulgar or otherwise offensive Member name, or to require deletion thereof.
(v) Former Members. Members whose accounts have been terminated by Web Entertainment, LLC may not access VoiceandVideoChat.com in any manner or for any reason without the express written permission of Web Entertainment, LLC. Active Members may not knowingly allow former Members who have been terminated to use the active Members' accounts.
2. You agree that Web Entertainment, LLC may access and disclose any information about you or your accounts, if Web Entertainment, LLC believes in good faith that such action is reasonably necessary to comply with the law, to comply with legal process, to operate its systems properly, or to protect itself, its Members, or others.
4. Copyright, Patent, and Trademark Notices
VoiceandVideoChat © 2002 Web Entertainment, LLC, All rights reserved.
VoiceandVideoChat™, and the VoiceandVideoChat stylized logo are registered trademarks of Web Entertainment, LLC. VoiceandVideoChat ™ is also a servicemark and tradestyle of Web Entertainment, LLC. All other marks that appear throughout the Services belong to Web Entertainment, LLC or their respective owners, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Services without the express written consent of Web Entertainment, LLC or the owner of the mark, as appropriate, is strictly prohibited.
5. Intellectual Property Infringement Claims
It is the policy of Web Entertainment, LLC to respond expeditiously to claims of intellectual property infringement. Web Entertainment, LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices of sites not complying or substantially complying with the Digital Millennium Copyright Act, Web Entertainment, LLC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Web Entertainment, LLC will terminate access for subscribers and account holders who are repeat infringers.
A. Please direct any notices of claimed copyright infringement to the email address below:
B. INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Preferred provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.
C. WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET CUSTOMER'S REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET CUSTOMER'S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND WITH CUSTOMER'S AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF COMPANY. COMPANY MAKES NO REPRESENTATINS WHATSOEVER ABOUT ANY OTHER WEB SITE TO WHICH YOU MAY HAVE ACCESS THROUGH THIS SITE. WHEN CUSTOMER ACCESSES A NON-COMPANY WEB SITE, THEY DO SO AT CUSTOMER'S OWN RISK AND COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OPINIONS, ADVICE, OR STATEMENTS MADE ON THESE SITES OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON SUCH SITES. COMPANY PROVIDES THESE LINKS MERELY AS A CONVENIENCE AND THE INCLUSION OF SUCH LINKS DOES NOT IMPLY THAT COMPANY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR USES OF SUCH WEB SITES. THIS SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO COMPANY PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED OR MAY NOT BE OFFERED OR SUPPORTED IN CUSTOMER'S COUNTRY. THESE REFERENCES DO NOT IMPLY THAT COMPANY INTENDS TO ANNOUNCE OR OFFER SUCH PRODUCTS, SERVICES OR PROGRAMS IN CUSTOMER'S COUNTRY. ENTIRE AGREEMENT; AMENDMENTS
You acknowledge that Content transmitted on or through VoiceandVideoChat often occurs in real-time. Company reserves the right, but shall have no obligation, to pre-screen, edit, or control Content available on or through VoiceandVideoChat or any of its services, in its sole discretion. Some of the Content available on or through VoiceandVideoChat may contain explicit language, text, sounds, pictures, or images which certain people may find offensive. If you encounter Content which you find objectionable, your may leave the room in which such Content appears or disconnect from the VoiceandVideoChat service. You agree to hold harmless Company and its affiliates for all claims based upon communications made or materials posted by others or the use of VoiceandVideoChat by third parties or other users.
7. End User License
The Software License Agreement states the rights you are granted in connection with all software provided by Web Entertainment, LLC.. By using VoiceandVideoChat.Com you reaffirm on an ongoing basis that you agree to be bound by the terms and conditions of the then-current version of the Software License Agreement.
8. Disclaimer of Warranty
1) To the maximum extent allowed by law, Web Entertainment, LLC., its licensors and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through VoiceandVideoChat.Com. From time to time the porting of a particular game may not be feasible and Web Entertainment, LLC. may remove any such game from its "Coming Soon" list without any liability to Member. Member is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom.
2) YOU EXPRESSLY AGREE THAT USE OF VoiceandVideoChat.COM, ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC., AND THE INTERNET ARE AT YOUR SOLE RISK. VoiceandVideoChat.COM AND ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC. AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
3) YOU ACKNOWLEDGE THAT WEB ENTERTAINMENT, LLC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH VoiceandVideoChat.COM. WEB ENTERTAINMENT, LLC. IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT DISTRIBUTED THROUGH VoiceandVideoChat.COM. WEB ENTERTAINMENT, LLC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH VoiceandVideoChat.COM BY ANY THIRD PARTY, WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS. MEMBERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF MEMBERSHIP.
4) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEB ENTERTAINMENT, LLC. 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 WEB ENTERTAINMENT, LLC. SERVICE, ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC., OR THE INTERNET.
5) WEB ENTERTAINMENT, LLC. MAKES NO WARRANTY THAT VoiceandVideoChat.COM WILL MEET YOUR REQUIREMENTS, NOR THAT THE VoiceandVideoChat.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WEB ENTERTAINMENT, LLC. DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VoiceandVideoChat.COM.
6) WEB ENTERTAINMENT, LLC. ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY MEMBER, INCLUDING, BUT NOT LIMITED TO, FAILURE OF A GAME TO BE PORTED TO WEB ENTERTAINMENT, LLC. DESPITE ADVERTISING TO THE CONTRARY, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF WEB ENTERTAINMENT, LLC., ITS LICENSORS AND SUBCONTRACTORS, OR MEMBER'S OWN ERRORS AND/OR OMISSIONS.
7) Web Entertainment, LLC. makes no warranty with respect to any related software or hardware used or provided by Web Entertainment, LLC. in connection with the Service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. Web Entertainment, LLC. assumes no responsibility for any actions or liabilities arising from the possession or use of these software or hardware products. Web Entertainment, LLC. makes no warranty that defects in the software will be corrected or that the Web Site or the server that makes it available is free of viruses or other harmful components.
8) No advice or information, whether oral or written, obtained by you from Web Entertainment, LLC. or through VoiceandVideoChat.Com shall create any warranty not expressly stated herein.
9) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
1) YOU ACKNOWLEDGE THAT WEB ENTERTAINMENT, LLC. SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY WEB ENTERTAINMENT, LLC. OR ITS ICPs OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON VoiceandVideoChat.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEB ENTERTAINMENT, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, EVEN IF WEB ENTERTAINMENT, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH VoiceandVideoChat.COM OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY WEB ENTERTAINMENT, LLC., OR RESULTING FROM THE USE OR THE INABILITY TO USE VoiceandVideoChat.COM, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTION ENTERED INTO THROUGH OR FROM VoiceandVideoChat.COM, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT.
2) YOU SPECIFICALLY AGREE THAT WEB ENTERTAINMENT, LLC. IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
3) WEB ENTERTAINMENT, LLC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF VoiceandVideoChat.COM AND ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC. SHALL BE THE REPLACEMENT OF ANY SOFTWARE DEVELOPED BY OR FOR WEB ENTERTAINMENT, LLC. WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY WEB ENTERTAINMENT, LLC.. WEB ENTERTAINMENT, LLC.'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO $15.
4) SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH STATES WEB ENTERTAINMENT, LLC.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Web Entertainment, LLC., its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this TOS by use of, or in connection with, the transmission by or through your Master Account or Sub-Accounts of any Content on VoiceandVideoChat.Com, or (ii) asserted by any third party due to or arising from or in connection with your use of or conduct on VoiceandVideoChat.Com. Web Entertainment, LLC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations.
Either you or Web Entertainment, LLC. may terminate your subscription to VoiceandVideoChat.Com at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) TOS term, or policy or practice of Web Entertainment, LLC. in operating VoiceandVideoChat.Com, (ii) Content available through VoiceandVideoChat.Com or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your subscription to VoiceandVideoChat.Com by canceling your subscription through paypal.com. Billing only applies to VoiceandVideoChat.Com Plus membership and certain special events for which a charge may be levied. Prior to any such charges being levied you will be prompted to accept any such charges and submit your billing information. Your notice of termination will be effective upon receipt by Web Entertainment, LLC., or upon receipt of confirmation if confirmation is requested. If your Master Account and Sub-Accounts are terminated or canceled, no refund of any VoiceandVideoChat.Com Plus or special event fees will be granted and any online time credited to your Master Account(s) or Sub-Accounts is not convertible to cash or other form of credit. Any member that is permanently banned for malicious or impermissible activity according to this agreement shall not be entitled to a partial or full refund of membership fees.
1) You may not engage in conduct or communication while using VoiceandVideoChat.Com which is unlawful or which restricts or inhibits any other user from using or enjoying VoiceandVideoChat.Com. You agree to use VoiceandVideoChat.Com only for lawful purposes. You agree to abide by all applicable local, state, national and international laws and regulations. Any conduct by you that in Web Entertainment, LLC.'s sole discretion restricts or inhibits any other Member, person or entity from using or enjoying VoiceandVideoChat.Com or another service will not be permitted and shall entitle Web Entertainment, LLC. to immediately terminate your membership without notice.
2) Web Entertainment, LLC. reserves the right to terminate your membership if it determines in its sole discretion that you have engaged in any impermissible conduct. Web Entertainment, LLC. reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to our service, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
3) Set forth below by way of example, and not as a limitation, are some common examples of impermissible conduct, which may result in termination of your membership. This list is not exhaustive. Web Entertainment, LLC. reserves the right, but does not assume the responsibility, to restrict conduct which Web Entertainment, LLC. deems in its discretion to be harmful to individual Members, damaging to the communities which use VoiceandVideoChat.Com, or in violation of Web Entertainment, LLC.'s or any third party's rights. You acknowledge that communications over VoiceandVideoChat.Com often occur in real-time, or may be posted on one of VoiceandVideoChat.Com's message boards or libraries, and Web Entertainment, LLC. cannot, and does not intend to, review, screen or edit communications.
13. You may not post material or use VoiceandVideoChat.Com to:
(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another user of VoiceandVideoChat.Com or other person or entity,
(2) post or transmit sexually explicit images or other content which is deemed by Web Entertainment, LLC. to be offensive or harmful to minors,
(3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable Content, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, even if masked by symbols or other characters,
(4) cause the screen to "scroll" faster than other users are able to type to it, including but not limited to entering a set of random characters, repeatedly entering a carriage return or taking any action with a similar disruptive effect,
(5) impersonate any person, including but not limited to, an Web Entertainment, LLC. official or employee, an ICP or ICP official or employee, or a moderator, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, in any form of online communication, including, but not limited to, Member names, Member profiles, voice, text or graphic chat and message postings,
(6) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users, individuals or entities, including but not limited to repeatedly interrupting conversation between Members, posting flaming articles in our forum, acting in such a way as to antagonize, harass or create hostility in a chat room, forum, lobby, or making commercial postings, solicitations or advertisements,
(7) post or transmit chain letters, pyramid schemes, junk mail, spamming or any duplicative or unsolicited messages (commercial or otherwise),
(8) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas that are designated for such a purpose,
(9) violate any operating rule, regulation, procedure, policy or guideline of any other interactive service, or interfere with or disrupt networks connected to VoiceandVideoChat.Com,
(10) intentionally or unintentionally violate any applicable local, state, national or international law or regulation,
(11) modify any files which Web Entertainment, LLC. does not specifically authorize you to modify,
(12) knowingly distribute a virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program,
(13) knowingly distribute software or content in violation of any license agreement,
(14) violate any U.S. law regarding the transmission of technical data or software exported from the United States,
(15) harvest or otherwise collect information about others, including e-mail addresses, without their consent,
(16) transmit or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity, without the express permission of the Rights holder,
(17) attempt to gain unauthorized access to VoiceandVideoChat.Com, other member accounts, computer systems or networks connected to VoiceandVideoChat.Com, through password mining or any other means, or
(18) use the HTML link capabilities of your room or profile to negatively affect another member's experience.
(19) If you witness any conduct that violates Web Entertainment, LLC.'s terms of conduct, Web Entertainment, LLC. encourages you to contact Web Entertainment, LLC. Customer Service through any means described on the Web Site. If you believe that your copyright in any material has been infringed on the VoiceandVideoChat.Com site, please notify our Agent for Notice of copyright complaints. Web Entertainment, LLC. will handle information you provide in its sole discretion, and does not guarantee any action based on such information.
14. Use of Personal Publishing Tools
Web Entertainment, LLC. may provide Members with personal publishing tools to enable Members to create personal home pages or other Content. Use of such publishing tools will be subject to this TOS. Web Entertainment, LLC. reserves the right to require the removal of links or other content on or through Members' home pages or personal Internet sites if providing such content or links causes undue load or other problems on VoiceandVideoChat.Com, or constitutes impermissible member conduct.
15. Entire Agreement; Modification of TOS
This Agreement and the Software License Agreement comprise the entire agreement between Web Entertainment, LLC. and you, and supersede any prior agreements between you and Web Entertainment, LLC. with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified and/or which may apply when using third-party content, software or services. Web Entertainment, LLC. reserves the right, at its discretion, to revise this TOS at any time, and such revision shall be effective immediately upon the posting of the revised TOS at the Web Site on www.VoiceandVideoChat.Com. You agree to review the TOS periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 8. Your continued use of VoiceandVideoChat.Com following posting of the revised TOS on the Web Site shall be conclusively deemed to be acceptance of all such revisions.
16. General Provisions
1) You may not use, copy, modify, sublicense, rent, sell, assign or transfer the license granted pursuant to this TOS, or VoiceandVideoChat.Com, except as expressly provided in this TOS. Any assignment in violation of this TOS is void.
2) If any provision of this TOS 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.
3) The paragraph headings contained in this TOS are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs, and have no legal or contractual significance.
4) Web Entertainment, LLC. and you are independent contractors under this TOS. Web Entertainment, LLC.'s failure to enforce at any time any of the provisions of this TOS 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 Web Entertainment, LLC. of any provision, condition or requirement of this TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this TOS, no default, delay or failure to perform on the part of Web Entertainment, LLC. shall be considered a breach of this TOS if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Web Entertainment, LLC..
5) This TOS is governed by and construed in accordance with the laws of the state of Texas and the United States of America, excluding their conflict of law provisions. You and Web Entertainment, LLC. agree to submit to the exclusive jurisdiction of the courts located in the county of Williamson in the state of Texas or the District of Texas. If any litigation or proceeding is brought by either party against the other in connection with this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by such prevailing party.
6) You and Web Entertainment, LLC. agree that any cause of action arising out of or related to your use of VoiceandVideoChat.Com must commence within one (1) year after the cause of action arose, notwithstanding any statute to the contrary, otherwise such cause of action is permanently barred.
7) You acknowledge that you have read this TOS, understand it, and agree to be bound by its terms and conditions. This TOS represents the complete and exclusive statement of the agreements concerning VoiceandVideoChat.Com between you and Web Entertainment, LLC. and supersedes all prior agreements between the parties.
17. Software License Agreement ("SLA")
1. Important. Read carefully before installing or using this software. You must ACCEPT the terms of the SLA, and the VoiceandVideoChat.com Agreement below, in order to download the software and connect to the VoiceandVideoChat.com game service ("VoiceandVideoChat.com").
2. Acceptance. By installing and/or using the accompanying software owned by or licensed to Web Entertainment, LLC. Interactive, Inc. ("Web Entertainment, LLC."), and any updates thereof (collectively, such software and updates shall be referred to as the "Software"), you indicate your acceptance of the terms and conditions stated below. You must be at least 18 to accept this SLA. Minors may access VoiceandVideoChat.com only by having an adult register for them and open an account that the adult authorizes the minor to use. Web Entertainment, LLC. will at times require that the registrant provide sufficient information to indicate that the registrant is an adult. If you do not agree to be bound by the terms of this SLA, you may not use the Software, and, unless you received the Software bundled with third party products on a single non-erasable CD or other medium, you must promptly return the unused Software and any accompanying materials, together with your proof of purchase, to the person or entity from whom you obtained the Software if you obtained the Software on media, or delete your copy of the Software if you received it electronically.
3. License. Web Entertainment, LLC. grants you (an entity or person), subject to the terms and conditions set forth in this SLA, a non-exclusive, non-transferable license to install the Software and use the Software, including the program code and other files which make the Software compatible for play on VoiceandVideoChat.com, and the written materials accompanying the Software relating to the use of the Software on VoiceandVideoChat.com (collectively, the Software and accompanying written materials shall be referred to as the "Web Entertainment, LLC. Technology"). Subject to the terms and conditions of this SLA, the Software may be installed and used on one or more computers, but only for the limited purpose of using VoiceandVideoChat.com or, with respect to the written materials only, for the limited purpose of deciding whether to use VoiceandVideoChat.com.
4. Copyright. Web Entertainment, LLC. and/or Web Entertainment, LLC.'s licensors shall retain all right, title and interest, including all intellectual property rights, in and to the Web Entertainment, LLC. Technology. You acknowledge that the Web Entertainment, LLC. Technology is protected by United States copyright laws and international treaty provisions and agree not to remove any copyright or other proprietary or product identification notices contained thereon. You acknowledge and agree that the Web Entertainment, LLC. Technology may have been developed by and may include software licensed by third party licensors named in the copyright notice(s) included with the Software, who shall be authorized to hold you responsible for any copyright infringement or violation of this SLA.
5. Restrictions. You may not sublicense, rent or lease the Web Entertainment, LLC. Technology. You may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble the Web Entertainment, LLC. Technology. You may not copy or modify the Web Entertainment, LLC. Technology or the written documentation except as necessary to execute the Software. The Software may be installed on a noncommercial basis from the copy of the Software that you have been licensed, on additional computers by and for the use of end users who have read and who agree to be bound by the terms of this SLA, but only if (i) the copy of the Software that you have been licensed is not bundled with separately licensed products on a single medium, and (ii) such installation does not violate the terms of other applicable end user agreements or the intellectual property rights of third parties. You may not transmit the Software over a network.
6. Termination. This SLA is effective from the date you receive the Software and remains in force until terminated. You may terminate the license pursuant to this SLA at any time by destroying all tangible embodiments or copies of the Web Entertainment, LLC. Technology in your possession, including all backup copies and all related materials. Your license rights hereunder will automatically terminate without notice if you fail to comply with any provision herein. Upon termination, you must destroy all tangible embodiments or copies of the Web Entertainment, LLC. Technology in your possession.
7. Export Law. This SLA is expressly subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Web Entertainment, LLC. Technology or of information about the Web Entertainment, LLC. Technology which may be imposed from time to time by the government of the United States of America. Notwithstanding anything contained in this SLA to the contrary, you may not export or reexport, directly or indirectly, any Web Entertainment, LLC. Technology or information pertaining thereto to any country an export license or other governmental approval is required at the time of export or reexport with first obtaining such license or approval. You may export the Web Entertainment, LLC. Technology to Argentina, Australia, Austria, Barbados, Belgium, Bolivia, Bulgaria, Canada, Costa Rica, Croatia, Czech Republic, Cyprus, Denmark, Dominican Republic, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Israel, Japan, Latvia, Luxembourg, Malawi, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Portugal, Slovak Republic, Slovenia, Singapore, South Africa, Spain, Sweden, Switzerland, Togo, Trinidad and Tobago, United Kingdom, United States of America, Uruguay and Zimbabwe.
8. Further Acknowledgments. You understand and acknowledge that:
(i) in order to utilize many features of the Web Entertainment, LLC. Technology, you will need to enter into an additional agreement in connection with VoiceandVideoChat.com, and/or acquire additional game software; and
(ii) Web Entertainment, LLC. may, in its discretion or as required by its agreements with game suppliers, cease to support such games on VoiceandVideoChat.com. Support that Web Entertainment, LLC. may cease to provide may include server access, Web site support and the provision of enabling software.
9. Disclaimer of Warranties. WEB ENTERTAINMENT, LLC. AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, 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 WEB ENTERTAINMENT, LLC. TECHNOLOGY OR VoiceandVideoChat. IN PARTICULAR, WEB ENTERTAINMENT, LLC. DOES NOT WARRANT THAT USE OF THE WEB ENTERTAINMENT, LLC. TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU WILL HAVE UNINTERRUPTED, ERROR-FREE OR CONTINUED ACCESS TO VoiceandVideoChat.
10. Limitation of Liability. IN NO EVENT IS WEB ENTERTAINMENT, LLC. OR ITS LICENSOR(S) LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE WEB ENTERTAINMENT, LLC. TECHNOLOGY OR VoiceandVideoChat EVEN IF WEB ENTERTAINMENT, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You shall indemnify and hold Web Entertainment, LLC. 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 Web Entertainment, LLC. that may arise from your breach of this SLA and permit Web Entertainment, LLC. to control, in a manner not adverse to you, the defense, settlement, adjustment or compromise of any such claim using counsel selected by Web Entertainment, LLC..
12. Specific Performance. Without limiting the rights of each party hereto to pursue all other legal and equitable rights available to such party for the other party's failure to perform its obligations under this SLA, you acknowledge and agree that the remedy at law for any failure to perform your obligations hereunder or for your breach of the terms of this SLA would be inadequate and you further agree that Web Entertainment, LLC. shall be entitled to specific performance, injunctive relief or other equitable remedies in the event of any such failure or breach. The prevailing party in any action or proceeding to enforce or interpret this SLA is entitled to recover reasonable attorneys fees and disbursements.
13. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d), excluding subparagraph (c)(2)(iv), of FAR 52.227-19 when applicable, or in DFARS 227.7202-3, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Web Entertainment, LLC. P.O. Box 3282, 402A W. Palm Valley Blvd, PMB 354, Round Rock TX, 78664.