Revised last: July 25, 2011
Welcome to vChatter, a group video chatting service that keeps you connected with friends and groups that are talking about things that you're interested in.
By using or accessing vChatter, you agree to the following:
You are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You will keep your contact information accurate and up-to-date. You must immediately notify us of any unauthorized uses of your groups, your account, or any breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We reserve the right to charge for the Services and to change its fees (if any) from time to time in our sole discretion. You will not use our Services if: (i) you are less than 18 years old; or (ii) you are a convicted sex offender.
You retain ownership of all Content submitted to us. To obtain our Services, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, use, display, and publish the Content ("Content License"). The Content License will terminate if you cancel your account unless your Content is or has been shared with others. We have the right (though not the obligation) to (i) refuse or remove any Content that we determine violates any vChatter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason. Any Content, including links to web pages other than our own website, contributed by a user or group, shall not be attributed to vChatter.
The Services are available for your personal, non-commercial use only. You represent, warrant and agree your user actions will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You are solely responsible for your interactions with other users and we reserve the right, but have no obligation, to monitor disputes between you and other users.
In addition, you agree not to use the Services:
You can both create groups and join other groups; the following terms also apply to groups:
vChatter, Inc. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the vChatter, Inc. games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any vChatter, Inc. game, whether earned in a game or purchased from vChatter, Inc., or any other attributes associated with an Account or stored on the Service.
vChatter, Inc. prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by vChatter, Inc. in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without vChatter, Inc.’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In consideration of your use of the Service, you agree to provide true, accurate and complete information about yourself as prompted by the ordering process. vChatter may deny you access to the Service or reject your order in the event that your information is untrue, inaccurate or incomplete.
All transactions with or through the Service may, at vChatter's option, be conducted electronically. vChatter may keep records of any type of communication conducted via the Service. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
vChatter hereby grants you the limited right to view and use the Service only for the purposes of purchasing, sending, and viewing any media, including images and interactive Flash files ("Virtual Goods"), available through the Service. vChatter reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service as described in Section 19. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved by vChatter. Unless you have received specific written permission from vChatter, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Service or (b) alter or modify any content on the Service or Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Service and/or Virtual Goods for any commercial purpose.
vChatter "CURRENCY" IS A LIMITED LICENSE RIGHT AVAILABLE FOR PURCHASE OR FREE DISTRIBUTION AT vChatter'S DISCRETION, AND IS NOT REDEEMABLE FOR MONETARY VALUE FROM vChatter. You acknowledge that the Service presently includes a component of fictional currency ("Credits" or "vChatter Credits"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by vChatter. vChatter and Publishers may use their own, custom, naming convention for vChatter Credits. vChatter may charge fees for the right to use vChatter Credits, or may distribute vChatter Credits without charge, in its sole discretion. Regardless of terminology used, vChatter Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from vChatter at any time. vChatter Credits are valid for one (1) year after the date they were purchased or earned, after which time they will expire, as permitted by law. Notwithstanding this standard expiration period, you agree that vChatter has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that vChatter will have no liability to you based on its exercise of such right.
IN THE EVENT YOU CHOOSE TO USE PAID ASPECTS OF THE SERVICE, YOU AGREE TO THE POSTED PRICING AND BILLING POLICIES ON THE SITE. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. vChatter may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME; HOWEVER, THERE ARE NO REFUNDS FOR CANCELLATION. Upon your election to cancel, your account will be cancelled within 2 business days. There will be no refunds for any unused credits (including without limitation vChatter Credits) or any prepaid fees for any portion of the Service.
vChatter has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that vChatter suspends or terminates your Account or this Agreement, you understand and agree that you will receive no refund or exchange for any unused credits on the account (including without limitation vChatter Credits), any license or fees, any content or data associated with your Account, or for anything else. In the event an Account is suspended or terminated for your breach of this Agreement (in each case as determined in vChatter's sole discretion), vChatter may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach will be deemed to apply to all such Accounts.
If you believe any material on vChatter violates any of your copyrights and desire to remove such material from vChatter, please file a Digital Millenium Copyright Act ("DMCA") complaint by taking the following actions.
vChatter will reply to all such notices, including as required or appropriate by removing any infringing material. Should a user continuously infringe copyrights or other intellectual property, we may terminate that user's access to our Services.
Groups may be embedded on and the Services may contain links to third-party websites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. The fact that vChatter groups link to or are on such websites do not imply any endorsement of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
All right, title, and interest in and to vChatter (excluding your Content) are and will remain our exclusive property and our licensors. vChatter is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the vChatter name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding vChatter is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
OUR SERVICES ARE BASED ON SOFTWARE AND THEREFORE WE CAN NOT GUARANTEE THAT IT IS ERROR-FREE. THEREFORE YOU USE OUR SERVICES AT YOUR OWN RISK. WE ARE PROVIDING OUR SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT VCHATTER WILL BE SAFE OR SECURE. VCHATTER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR VCHATTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FROM OUR SERVICES WILL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VCHATTER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If anyone brings a claim against us related to your actions or Content submitted to us, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
If we believe you are violating any of the Terms or our policies, we may terminate your membership, delete your account and any information that you have posted on vChatter and/or prohibit you from using or accessing the Services for any reason at any time in our sole discretion, with or without notice. You may deactivate your account through your account settings.
By visiting or using the Site and/or the Services, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute ("Claims") that might arise between you and vChatter. You will resolve any Claims you have with us arising out of or relating to vChatter exclusively in a state or federal court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such Claims.
For users outside the United States:
If you have suggestions for us, please contact us by email at support@vChatter.com. Our postal address: vChatter, Inc. 1 Vista Verde Way, Portola Valley, CA 94028, United States.