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Terms of Service: If Your Personally Identifiable Information (Such As Your Address) Change

MyVideoTalk provides user's with video Email Software ("Software and Service") user agrees to provide true, accurate, current and complete information about itself as prompted by the Software and Service's registration form. If User provides any information that is untrue, inaccurate, not current or incomplete, MyVideoTalk has the right to suspend or terminate Customer's account.

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0% found this document useful (0 votes)
72 views6 pages

Terms of Service: If Your Personally Identifiable Information (Such As Your Address) Change

MyVideoTalk provides user's with video Email Software ("Software and Service") user agrees to provide true, accurate, current and complete information about itself as prompted by the Software and Service's registration form. If User provides any information that is untrue, inaccurate, not current or incomplete, MyVideoTalk has the right to suspend or terminate Customer's account.

Uploaded by

roopalimaurya
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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TERMS of SERVICE

Please read this agreement carefully. To complete your order for MyVideoTalk, you (User) must first read
and accept the Terms of Service. Submission of your order constitutes acceptance of the Terms of Service
which may be updated by us from time to time without notice to User. User can review the most current
version of the Terms of Service at any time at: http://www.myvideowebmeeting.com In addition, when
using particular MyVideoTalk Software and services related thereto, User and MyVideoTalk shall be
subject to any posted guidelines or rules applicable to such Software and services related thereto, which
may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the
Terms of Service.

Purpose of Service

MyVideoTalk provides Users with video Email Software ("Software and Services"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Software and Service, including the
release of new MyVideoTalk features or facilities, shall be subject to the Terms of Service. User
understands and agrees that the Software and Service is provided "AS-IS" and that MyVideoTalk assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings. User is responsible for obtaining access to the Software and Service and that
access may involve third party fees (such as to an Internet service provider). User is responsible for those
fees. In addition, User must provide and is responsible for all equipment necessary to access the Software
and Service.

Account Information Obligations

In consideration of use of the Software and Service, User agrees to: (a) provide true, accurate, current and
complete information about itself as prompted by the Software and Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not
current or incomplete, or MyVideoTalk has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, MyVideoTalk has the right to suspend or terminate Customers
account and refuse any and all current or future use of the Software and Service (or any portion thereof).

Account Modifications

If your personally identifiable information (such as your address) changes, you may login to your user
account management portal at http://myvideonetwork.com to request modification.

Privacy Statement

Registration Data and certain other information about users are subject to our Privacy Statement. For more
information, see our full privacy statement at http://www.myvideowebmeeting.com

Passwords and Logins

User is responsible for maintaining the confidentiality of the password and account, and is fully responsible
for all activities that occur under its password or account. MyVideoTalk cannot and will not be liable for
any loss or damage arising from Users failure to comply with this Section. You may change your
password by logging into your http://www.myvideonetwork.com account at any time.
User Conduct

User acknowledges that MyVideoTalk does not pre-screen Content, but that MyVideoTalk 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 the Software and Service. 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 MyVideoTalk, is entirely responsible for all Content that it emails, transmits or
otherwise make available via the Software and Service. MyVideoTalk does not control the Content
transmitted via the Software and Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. User understands that by using the Software and Service, it may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will MyVideoTalk be liable in any way
for any Content, including, but not limited to, for any errors or omissions in any Content, 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 the Software and Service.

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, including
but not limited to: pornography defined as content containing all sexual connotations or solicitation, and
online gambling; (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 MyVideoTalk 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 the Software and Service; (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 Software and Service or servers or networks connected to the Software and
Service, or disobey any requirements, procedures, policies or regulations of networks connected to the
Software and Service; (XI) intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;

User agrees that it must evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content. In this regard, User acknowledges
that it may not rely on any Content created by MyVideoTalk or submitted to MyVideoTalk. User
acknowledges and agrees that MyVideoTalk may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of
MyVideoTalk, its users and the public. User understands that the technical processing and transmission of
the Software and Service, including its Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
No Spam Policy

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
termination of account.

International Guidelines

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.

Indemnity

User agrees to defend, indemnify and hold harmless MyVideoTalk, and its officers, agents, subsidiaries,
affiliates, co-branders or other partners, and employees, harmless from any loss, damage, cost (including
attorneys fees) claim or demand, made by any third party resulting from content it emails, transmits or
makes available through the Software and Service, its use of the Software and Service, its connection to the
Software and Service, its violation of the Terms of Service, or its violation of any rights of another
resulting .

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 MyVideoTalks intellectual property. User acknowledges and agrees that the Software and
Service contain proprietary and confidential information that is protected by applicable intellectual property
and other laws. User further acknowledges and agrees that Content contained in sponsor advertisements or
information presented to it through the Software and Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
MyVideoTalk, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based
on the Software and Service and Software, in whole or in part. MyVideoTalk grants User a personal, non-
transferable and non-exclusive right and to use the object code of its Software on a single computer;
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 the Software. User agrees not to
modify the Software in any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Software and Service. User agrees not to
access the Software and Service by any means other than through the interface that is provided by
MyVideoTalk for use in accessing the Software and Service.

User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Software and Service, use of the Software and Service, or access to the Software and Service.

Disclaimer of Warranties

To the maximum extent of the law, MyVideoTalk 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. MyVideoTalk makes no warranty that the software and service
will meet its requirements, the software and service will be uninterrupted, timely, secure, or error-free, the
results that may be obtained from the use of the software and service will be accurate or reliable, the quality
of any products, software and services, information, or other material purchased or obtained by licensee
through the software and service will meet its expectations, and any errors in the software will be corrected.
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 of the
software and service is at its sole risk. No advice or information, whether oral or written, obtained by it
from MyVideoTalk 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 MyVideoTalk 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
the Software and Service. User further acknowledges that MyVideoTalk 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

MyVideoTalk, reserves the right at any time to modify or discontinue, temporarily or permanently, the
Software and Service (or any part thereof) with or without notice. User agrees that MyVideoTalk shall not
be liable to it or to any third party for any modification, suspension, conversions, upgrades or additions or
discontinuance of the Software and Service. Any such revisions, modifications, conversions, upgrades or
additions shall be owned exclusively by MyVideoTalk and User shall have no right therein.

Limitation of Liability

User understands and agrees that in no event shall MyVideoTalk 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 MyVideoTalk has been advised of the
possibility of such damages), resulting from: the use or the inability to use the software and service, 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.

Termination

User understands and agrees that MyVideoTalk may, in its sole discretion, and at any time discontinue
providing the Software and Service, or any part thereof, with or without notice. User also agrees that
MyVideoTalk, in its sole discretion, may remove and discard any Content within the Software and
Service, for any reason or if MyVideoTalk believes that User has violated or acted inconsistently with the
letter or spirit of the Terms of Service. MyVideoTalk agrees that any termination of its access to the
Software and Service under any provision of this Terms of Service may be effected without prior notice,
and acknowledge and agree that MyVideoTalk 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 or the Software and
Service. Further, User agrees that MyVideoTalk shall not be liable to User or any third-party for any
termination of its access to the Software and Service.

Cancellation of Service

User is required to give MyVideoTalk a written notice 15 days prior to cancellation. MyVideoTalk will not
be responsible for storage and preservation of User's materials upon receipt of request for cancellation.
Definition of Written Notice for Cancellation

User agrees to submit notification of Cancellation of service to MyVideoTalk by a) submitting written


notice by postal mail to MyVideoTalk, or by b) submitting written notice by facsimile to MyVideoTalk.
Customers electing to submit notice of Cancellation by postal mail or facsimile shall submit such notice to
the address and facsimile stated in Notices. Customer agrees that submitting a notice of Cancellation by
Email or telephone is an unacceptable form of submitting notice of Cancellation to MyVideoTalk, and that
service charges may continue to apply until MyVideoTalk has received the proper notice of Cancellation.

Price and Payment

MyVideoTalk will automatically charge the User by payment mechanism approved by MyVideoTalk and
selected by User at time of purchase or Software Activation. Annual renewal may be purchased in your
MyVideoTalk back office shopping cart.

Refund Policy

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 software is downloaded and utilized.

Notices

Notices to User may be made via either email or regular mail. The Software and Service may also provide
notices of changes to the Terms of Service or other matters by displaying notices or links to notices to
licensee generally on the Software and Service. All legal notices to MyVideoTalk should be submitted to:

MyVideoTalk
3000 Danville Blvd.
Suite 186
Alamo, CA 94507

Fax Number: 925-891-3502

Governing Law

This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as
applied to agreements entered into and to be performed in California by California residents. The parties
consent to the exclusive jurisdiction and venue of the courts located in and serving Contra Costa County,
California.

General Provisions

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:
support@myvideotalk.com

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