VZOchat Legal notice, disclaimer, and terms of use
Access to and use of this World Wide Web site ("VZOCHAT.COM") is provided subject
to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS
SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
VZOCHAT.COM is a service of Visicron Systems, Inc.. VZOchat is trademark of Visicron
Systems, Inc. ("VISICRON").
Use of Material on the VZOCHAT.COM Web site
The information, artwork, text, video, audio, or pictures (collectively, "Materials")
contained on the VZOCHAT.COM Web site are protected by copyright laws. You may only
access and use the Materials for personal or educational purposes. You may not modify
or use the Materials for any other purpose without VISICRON'S express written consent.
Except as provided below, you may not reproduce, republish, post, transmit or distribute
any Materials on the VZOCHAT.COM Web site. You may print Materials on the VZOCHAT.COM
Web site for personal or educational purposes only, and you must include any copyright
notice originally included with the Materials in all copies.
Any computer software downloadable or otherwise available from the VZOCHAT.COM Web
site is licensed subject to the terms of the applicable license agreement. The Materials
included on the VZOCHAT.COM Web site are subject to change without notice.
No Warranties
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. VISICRON, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS
ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE
IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY
QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS
SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION
GIVEN BY VISICRON, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS
SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED
UNDER APPLICABLE LAW. YOUR USE OF VZOCHAT.COM WEBSITE or VZOCHAT SOFTWARE ARE SOLELY
AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and VISICRON is under
no obligation to provide you with any support, error corrections, updates, upgrades,
bug fixes and/or enhancements of the website and Materials.
VISICRON has the right at any time to change, modify, add to or discontinue or retire
any aspect or feature of the VZOCHAT.COM website, including, but not limited to,
the software, content, hours of availability, equipment needed for access or use,
or the availability of the website or service on any particular device or communications
service. VISICRON has no obligation to provide you with notice of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VISICRON, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "VISICRON GROUP")
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS
WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF THE VISICRON GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU. THE VISICRON GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE VISICRON GROUP BE HELD RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE
BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS
OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall the VISICRON be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
Indemnification
Upon a request by VISICRON, you agree to defend, indemnify, and hold harmless the
VISICRON from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use or misuse of the VZOCHAT.COM website or software. VISICRON
reserves the right, at it own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will
cooperate with VISICRON in asserting any available defenses.
Statement of Privacy
Unless produced by VISICRON, information that you access or receive by using VISICRON
software, information sent to you directly by other users, entered or posted by
the users is not reviewed, controlled, examined, verified, endorsed or stored by
VISICRON unless specified below. There are two ways that end-users can receive information
by using VISICRON software; direct communication or indirect communication.
Direct Communications
A direct communication is when one user's data is sent to and received directly
by another user. These communications are deliberate on the part of the sending
end user. Direct communication information is not reviewed, controlled, examined,
verified, endorsed or stored by VISICRON. Direct communications include:
Audio Calls
Video Calls
Online Chat Messages
Indirect Communications
An indirect communication is sent to an end-user by another end-user, but is routed
or stored on the VISICRON Media Server. Indirect communications include:
Profiles- VISICRON stores Profiles, but they should be considered and treated as
information sent from another member of the community. VISICRON does minimal review
of profiles on a visual basis only, and profiles stored as contacts can be modified
after initial recording. VISICRON does not verify or endorse any individual's profile.
Text Chats- VISICRON participants generate all of the real-time content. The chats
may be logged or recorded by the participants on their local processors.
Personal messages - Personal messages may be stored on the VISICRON system, but
are not viewed, reviewed or monitored by VISICRON or any of its employees.
Collection of Personal Information
In order to place calls through VZOCHAT.COM you must first register. During this
process VZOCHAT.COM collects certain information such as your name, email address
and phone number among others. VZOCHAT.COM does not associate any sensitive data,
such as your race, religion, sexual orientation or political affiliations with personally
identifiable information. However if you directly disclose personally identifiable
information while using VISICRON, others may collect this information for use. VISICRON
does not read, eavesdrop or record any of your private online communications.
In order to continue to develop a better online experience, VISICRON collects computer
hardware and software information which may include: your browser type, Internet
IP address, Operating System and referring Website addresses. Certain VISICRON usage
information is also collected by VISICRON which can include: chat session times,
login times and software version numbers. This information is used for the operation
of the service, to maintain the quality of the service, and to provide aggregate
statistics regarding use of the service.
Control your Personal Information
VISICRON offers you a range of choices for the collection and use of your personal
information. When you register for a VZOCHAT.COM Login, you can choose exactly which
information you would like to share in your VZOCHAT.COM Profile which is visible
to other users. This can be changed at any later point from the VZOCHAT.COM Profile
page on the Web site. These procedures are safeguarded to prevent someone else from
making choices about the usage and control of your personal information. In each
instance you are required to enter your password before submitting the updated information.
VISICRON will periodically inform you via email and through VZOCHAT.COM messages
of new feature announcements, software releases, technical service issues and product
surveys. These emails and messages are considered essential to the provision of
the service you have requested so you will not be able to unsubscribe from these
mailings.
Policy on Children
In accordance with the "Children's Net Privacy Law", also known as COPPA, VISICRON
does not allow users to specify ages under 13 within the registration information.
We encourage parents to register and actively monitor their child if they wish to
use the site or service.
Invite A Friend
If you attempt to contact a person that has not yet subscribed to VZOCHAT.COM directly
by calling to their E-mail, VZOCHAT.COM will automatically send a one-time email
to that person with invitation to visit the site. Email address or other personal
information of invited person is not stored on our Web server.
Notification of Changes
VISICRON will occasionally update this Statement of Privacy to reflect company and
customer feedback. When VISICRON posts changes to this Statement, you will see the
term "Updated" next to the Privacy Policy link on VISICRON homepage.
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