Purpose of Service
Global Video Talk provides user’s with Video Email Software ("Software and Services") named “Global Video Talk”. Unless explicitly stated otherwise, any new features that enhance the current version of Global Video Talk, including the release of new features, shall be subject to the Terms of Service. User understands and agrees that Global Video Talk is provided "as-is" and that Global Video Talk assumes no responsibility for the failure to store any user communications or personalization settings.
In consideration of use of Global Video Talk, user agrees to: (a) provide true, accurate, current and complete information as required on the customer application and (b) maintain and promptly update the customer profile to keep it accurate, updated and complete. If user provides any information that is untrue, inaccurate, not current or incomplete, Global Video Talk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Global Video Talk has the right to suspend or terminate user’s account and refuse any and all current or future use of the Global Video Talk product.
If your customer profile needs to be updated, you may do so by logging into your Global Video Talk backoffice and electronically submitting the new data.
User is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under its account. Global Video Talk cannot and will not be liable for any loss or damage arising from user’s failure to comply. You may change your password by logging into your Global Video Talk backoffice at any time.
User acknowledges that Global Video Talk cannot possibly review all content before it is sent, but that Global Video Talk and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via Global Video Talk. Specifically, this service is not to be used for any form of abusive, obscene, vulgar, slanderous, hateful, threatening, or sexually-oriented content, including any other material that may violate any applicable laws or be determined to be generally offensive by reasonable moral standards. User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user and not Global Video Talk, is entirely responsible for all content that it emails, transmits or otherwise make available via Global Video Talk. Global Video Talk does not control the content transmitted via Global Video Talk and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Global Video Talk be liable in any way for any content, including, but not limited to, for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content, emailed, transmitted or otherwise made available via Global Video Talk.
User agrees to not use the Software and Service to: (I) email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (II) harm minors in any way; (III) Email, transmit or otherwise make available any unauthorized advertising, promotional materials, "junk mail," or "spam" (IV) impersonate any person or entity, including, but not limited to, a Global Video Talk employee, official, or falsely state or otherwise misrepresent its affiliation with a person or entity; (V) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Global Video Talk; (VI) email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (VII)email, transmit or otherwise make available any content that user does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (VIII) e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (IX) "stalk" or otherwise harass another or collect or store personal data about other users; (X) interfere with or disrupt the Global Video Talk product or servers or networks connected to Global Video Talk, or disobey any requirements, procedures, policies or regulations of networks connected to Global Video Talk; (XI) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations set forth by the U.S. Securities and Exchange Commission, The Federal Communications Commission and any rules of any national or other securities exchange.
Zero “Spam” Tolerance
User may not utilize the service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). Failure to respond to a SPAM notice shall also constitute grounds for immediate termination of account.
User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, user agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which it resides and/or originates.
User agrees to defend, indemnify and hold harmless Global Video Talk, and its officers, subsidiaries, affiliates, or other partners, and employees, harmless from any loss, damage, cost (including attorney’s fees) claim or demand, made by any third party resulting from content it emails, transmits or makes available through Global Video Talk or violation of the Terms of Service.
Ownership, Reservation of Rights.
Nothing in this Agreement shall be construed to grant user any rights, by license, title or otherwise, to any aspect of Global Video Talk’s intellectual property. User acknowledges and agrees that Global Video Talk contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Global Video Talk, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Global Video Talk, in whole or in part.
Global Video Talk grants user a business, non-transferable and non-exclusive right and to use Global Video Talk on a single computer (unless multi-user license is purchased); provided that it does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Global Video Talk. User agrees not to modify Global Video Talk in any manner or form.
Disclaimer of Warranties
To the maximum extent of the law, Global Video Talk expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Global Video Talk makes no warranty that Global Video Talk will meet its requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use Global Video Talk and its service will be accurate or reliable. Any material downloaded or otherwise obtained through the use of the software and service is done at its own discretion and risk and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material. User understands and agrees that its use Global Video Talk and service is at its sole risk. No advice or information, whether oral or written, obtained by it from Global Video Talk or through or from the software and service shall create any warranty not expressly stated in the Terms of Service.
General Practices Regarding Use and Storage
User agrees that Global Video Talk or third party consultants have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Global Video Talk. User further acknowledges that Global Video Talk reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Software and Service
Global Video Talk reserves the right at any time to modify or discontinue, temporarily or permanently Global Video Talk with or without notice. User agrees that Global Video Talk shall not be liable to it or to any third party for any modification, suspension, conversions, upgrades or additions or discontinuance of Global Video Talk. Any such revisions, modifications, conversions, upgrades or additions shall be owned exclusively by Global Video Talk and user shall have no right therein.
Limitation of Liability
User understands and agrees that in no event shall Global Video Talk be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data, goodwill, or other intangible losses; even if Global Video Talk has been advised of the possibility of such damages, resulting from: the use or the inability to use Global Video Talk, the cost of procurement of substitute goods and services resulting from any goods, data, information or software and services purchased or obtained or messages received or transactions entered into through or from the software and service, unauthorized access to or alteration of its transmissions or data, statements or conduct of any third party on the software and service, or any other matter relating to the software and service.
User understands and agrees that Global Video Talk may, in its sole discretion, and at any time discontinue providing Global Video Talk or any part thereof, with or without notice. User also agrees that Global Video Talk, in its sole discretion, may remove and discard any content within Global Video Talk, for any reason or if Global Video Talk believes that user has violated or acted inconsistently with the letter or spirit of the Terms of Service. Global Video Talk agrees that any termination of its access to Global Video Talk under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Global Video Talk may immediately deactivate or delete its account and all related information and files in its account and/or bar any further access to such files. Further, user agrees that Global Video Talk shall not be liable to user or any third-party for any termination of its access to Global Video Talk.
Cancellation of Monthly Service
User is required to give Global Video Talk a written notice 10 days prior to cancellation. All cancellation notices must be emailed to email@example.com or by submitting written notice by facsimile or certified mail to Global Video Talk. Customer agrees that submitting a notice of cancellation by telephone is an unacceptable form of submitting notice of cancellation to Global Video Talk and that product charges may continue to apply until Global Video Talk has received the proper notice of cancellation.
Global Video Talk will automatically charge the user monthly (Autoship) by Credit Card specified by user at time of purchase or Software Activation. Cancellation notices must be received 10 days in advance of the monthly billing date.
Refunds will be given if written notification of cancellation is received within 3 days of initial purchase. Due to the nature of the product, refunds will not be given once Global Video Talk is utilized.
User acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and further agrees that it is the exclusive and complete statement of the Agreement between the parties hereto and supersedes and merges all prior proposals, understandings and agreements, whether oral or written, relating to the subject matter hereof. This Agreement may not be modified except by written instrument duly executed by both parties.
b) Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall be in no way affected or impaired thereby and shall remain in full force and effect.
c) No Waiver. Failure of either party to exercise in any respect any of the rights provided for herein shall not be deemed a waiver of any right hereunder.
d) Violations. Please report any violations of the Terms of Service to us by email: firstname.lastname@example.org