ooVoo End User License Agreement

"IMPORTANT - READ CAREFULLY: This ooVoo End User License Agreement ("EULA") is a legal agreement between you ("You" and "Your") and ooVoo for ooVoo Software, including any associated updates, supplements, enhancements and/or upgrades (if any and if provided without a separate EULA), media, printed materials and electronic documentation (collectively, the "Software"). By clicking the relevant box to acknowledge Your agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not use the Software."

1. NO EMERGENCY CALLS. The Software does not support or carry emergency calls (for example, "911" calls) to any type of law enforcement agency, fire department, medical facility or any other kind of emergency service. The Software is not a replacement for a traditional landline telephone or mobile phone, and will not enable You to contact emergency services or identify Your physical location to emergency responders if You need emergency assistance. ooVoo is not required to offer emergency services pursuant to any applicable regulation or law, and You hereby waive any and all such claims, damages or losses, against ooVoo and its licensors, arising from or relating to the use of the Software to make or attempt to make such emergency calls.
2. REPRESENTATIONS CONCERNING AGE AND JURISDICTION. You represent and warrant that You are either: (a) at least 18 years old, or (b) the parent or guardian of a child at least 14 years old and on whose behalf You are agreeing to this EULA (a "Minor User"). If You are a parent or guardian of a Minor User, You agree that You are responsible for the acts or omissions of such Minor User, that this EULA governs the use of the Software by such Minor User, and that You are responsible for ensuring that the Minor User complies with this EULA. OoVoo does not offer or provide products and services for children under the age of 14 (a "Child" or "Children"). Children may not use the Software, and ooVoo does not intend to collect personal information from Children. If Your Child has submitted personally-identifiable information and You would like to request that it be blocked from others,, You may contact ooVoo via the contact methods described on ooVoo's web site and ooVoo will take the necessary action to safeguard the information.. Any personally-identifiable information voluntarily entered by Children may be available for public access until ooVoo becomes aware that a user is a Child and has a reasonable opportunity to block the information.

   If You reside in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this EULA according to age and You are under such age limit, You may not enter into this EULA, download, install or use the Software. If You reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, You may not enter into this EULA, download, install or use the Software. By entering into this EULA, You represent that You have verified in Your own jurisdiction that Your use of the Software is permitted by law.

3. GRANT OF LICENSE. Subject to the terms of this EULA, ooVoo hereby grants You a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use one copy of the object code of the Software on a single computer(s) under Your control for the sole purpose of using ooVoo's internet communication applications known as ooVoo.
4. LIMITATIONS. You may make one copy of the Software for backup purposes and may not remove ooVoo's copyright or other notices from either the original Software or backup copy. You may not assign, sublicense, sell, transfer, rent, lease or otherwise distribute the Software (including, without limitation, offering the Software to third parties on an application service provider or time-sharing basis). You may not modify, adapt, translate, disassemble, reverse-engineer, decompile or create derivative works based upon the Software or any part thereof. You may not disable any functionality which limits the use of the Software. You may not separate any parts of the Software for use on more than one computer. You may not use the Software in any manner which, in ooVoo's sole discretion, interferes with its ability to offer its services. You may not use or exploit any portion of the Software to provide any commercial services to third parties. ooVoo reserves the right to utilize the processor and/or bandwidth of Your computer to facilitate communications between You and a third party.
5. SUBSCRIPTIONS. OoVoo may charge You for some of its products or services. If you purchase any of ooVoo's products or services, You agree to the Refund Policy found on our website. You also agree to any terms (such as a minimum term of service, recurring subscription fees, or payment terms) of which we notify you during your purchase of the products or services.
6. DISTRIBUTION AND USE OF APIs. "API" means the application program interface consisting of the set of routines utilized by the Software to provide the Software functionality for a given platform or operating system. API is either included in or linked to the Software. You are not allowed to use the API in connection with applications that You (or any third party) distribute or intend to distribute, without ooVoo's prior written approval.

   You may make use of the API, subject to the license terms set forth in this EULA, for the sole purpose of enabling Your application to connect with the Software, provided that: (a) all such use of API is carried out for legitimate purposes and shall not in any way adversely affect the functionality or performance of the Software or services provided by ooVoo; (b) You do not remove, overtake, hide or otherwise make the user interface inaccessible for end users; (c) You monitor the ooVoo web site in order to ensure that You are aware of any changes in the applicable legal documents (in the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the API and, where applicable, any and all use of the Software); and (d) You acknowledge and agree that Your use of the API will be at Your own risk and account.

   With the exception of the Proprietary Rights of ooVoo and/or its licensors in the Software (including the API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the API. You hereby release and covenant not to hold liable ooVoo or its licensors, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the API. ooVoo and its licensors retain the Proprietary Rights in and to the Software (including the API) and any derivative works thereto created by or for ooVoo or its licensors.

7. NEW VERSIONS. ooVoo may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades (collectively, "Upgrades") to the Software, which may be provided automatically. If You do not want to receive Upgrades automatically, do not use the Software.
8. PERMITTED USES. You agree to use the Software solely for lawful purposes. You are responsible for all content that You transmit using the Software and You shall not transmit such content in violation of ooVoo's or any third parties' rights. You agree not to use the Software to:
   • Record a video or telephone conversation on ooVoo unless You are in compliance with national and state laws protecting the privacy of communication for all parties to the conversation. Although the laws protecting each person may vary depending on the locality in which that person is situated, You should generally obtain explicit consent from all parties to the conversation before any recording or other use is made of the communication. It is recommended that, at a minimum, each party's verbal consent be recorded at the beginning of the communication to verify that such consent was obtained;
   • Intercept or monitor, damage or modify any communication not intended for You;
   • Transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity (collectively, "Proprietary Rights");
   • Transmit any content that is harmful to any third party, illegal, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive;
   • Impersonate another person or entity, including without limitation, a representative of ooVoo, falsely represent or misrepresent Your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any transmission;
   • Transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any "Spam", "Junk Mail", chain letters, or any other potentially objectionable form of unsolicited communication;
   • Collect or store personal data with respect to third parties except to communicate with other users of the Software ("Users") and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such Users;
   • Directly or indirectly disrupt or interfere with the Software in any manner that may materially adversely affect ooVoo or any third party;
   • Transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
   • Transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

   The content of the communication transmitted through the Software is entirely the responsibility of the User providing such content. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. ooVoo cannot and does not monitor all of the material transmitted by Users and cannot prevent such exposure. ooVoo will not be liable for any type of communication transmitted by means of the Software. THE CONTENT TRANSMITTED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

9. THIRD PARTY SOFTWARE. You acknowledge and agree that the Software may be incorporated into, and may incorporate into itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this EULA. Any and all other third party software or technology that may be distributed together with the Software will be subject to Your acceptance of a license agreement with that third party. You acknowledge and agree that You will not have a contractual relationship with ooVoo regarding such third party software or technology and You will look solely to the applicable third party to enforce any of Your rights.
10. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SPECIFICALLY, AND WITHOUT LIMITATION, OOVOO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES: (A) CONCERNING THE QUALITY OF CALLS MADE THROUGH THE SOFTWARE, (B) THAT YOU WILL ALWAYS BE ABLE TO COMMUNICATE WITH OTHER USERS OR THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE OR ACCESSIBLE, (C) THAT YOU WILL BE ABLE TO COMMUNICATE WITHOUT INTERRUPTIONS, DISRUPTIONS, DELAYS OR COMMUNICATION-RELATED FLAWS, (D) THAT ALL YOUR COMMUNICATION WILL BE SECURE OR DELIVERED TO USERS, OR (E) THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION), CONTENT AND/OR FILES STORED AND/OR ARCHIVED IN THE SOFTWARE OR ON OOVOO'S SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. OOVOO WILL NOT BE LIABLE FOR ANY OF THE FOREGOING.

    OOVOO DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OOVOO AND ITS LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. OOVOO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE'S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusions or limitations set forth above, and therefore, may not apply to You.

11. LIMITATION OF LIABILITIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, WILL OOVOO OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF OOVOO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OOVOO AND ITS LICENSORS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE OOVOO SOFTWARE IS TO DE-INSTALL AND CEASE USE OF THE SOFTWARE.
12. PASSWORDS. To protect Your personal information, access to the Software requires submission of login and password information to create a User Account. The login and password information are designed for Your personal use and are not transferable. You agree that you will be responsible for maintaining Your password as confidential and for any activity that occurs as a result of Your enabling or permitting another person or entity to use Your password.
13. COPYRIGHT. All title and Proprietary Rights in and to the Software are owned by ooVoo or its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. Nothing in this EULA transfers any Proprietary Rights to You. You may not take any action to jeopardize, limit or interfere with any rights in the Software. You agree that all title and Proprietary Rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
14. PROPRIETARY RIGHTS. You represent and warrant that You have all rights and licenses to transmit any and all material that You transmit through the Software, including, without limitation, any content, videos, images, text or other material. You further represent and warrant that these materials do not infringe or misappropriate any patent, trademark, copyright, trade secret or other Proprietary Right of any third party. You hereby agree to defend, indemnify, and hold harmless ooVoo and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys' fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
15. REPORTING VIOLATIONS. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ooVoo's designated agent for notice of alleged copyright infringement in connection with the Software is as follows:
    • Marty Walker
    • 44 E 30th St, 12th Floor
    • New York, NY 10016
    • marty.walker@oovoo.com

    To file a notice of infringement with ooVoo, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

16. ELECTRONIC COMMUNICATIONS. By using the Software, You consent to receiving electronic communications from ooVoo. These communications are part of your relationship with ooVoo and will include notices about your account (e.g. confirmations, video message notifications, and other transactional messages) and information concerning or related to ooVoo's service, such as Software updates, new features, and newsletters.
17. PHOTOGRAPHS, IMAGES AND AUDIO CONTENT.You understand that by using the Software with a webcam or other photographic or video device and/or a microphone, You will transmit images and audio to Users. By such use, You hereby permit Users to take your photograph or create other still images or video or audio recordings from the content You transmit ("Content").

    You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Software. ooVoo manages your content by sending it over various public networks to deliver it to Users that You identify and communicate with through the Software. You understand that ooVoo, in performing the required technical steps to provide material through the Software to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

    By using the Software You give ooVoo a perpetual, irrevocable, non-exclusive and worldwide license that shall permit ooVoo to take these actions. Notwithstanding the above permitted uses, ooVoo will not otherwise reproduce Content or make Content available to any third parties without Your consent.You confirm and warrant to ooVoo that you have all the rights, power and authority necessary to grant the above license.

    You further understand that You will not receive any royalties or other reimbursement for permitting ooVoo and Users to use the Content. You hereby release, discharge and agree to hold harmless ooVoo and any Users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Content.

18. YOUR PRIVACY. ooVoo is committed to respecting Your privacy and the confidentiality of Your personal data. By agreeing to this EULA, You hereby consent to ooVoo's collection and use of Your personal data in accordance with ooVoo's Privacy Policy that is published on the ooVoo web site. If You object to the Privacy Policy, do not use the Software.
19. OOVOO LINK. The Software permits You to create an ooVoo icon and link (the "ooVoo Link") that You may attach to any web site. You agree that You will only attach the ooVoo Link to web sites that are not objectionable and that do not contain content that is harmful to any third party, illegal, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive. You further agree that You will immediately remove the ooVoo Link upon ooVoo's request for any reason.
20. FEEDBACK. ooVoo may provide You with a mechanism to provide feedback, suggestions and ideas about the Software ("Feedback"). You agree that ooVoo may, at its discretion, use the Feedback You provide in any way, including any future modifications of the Software and/or advertising and promotional materials relating thereto. You hereby grant ooVoo a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any Feedback.
21. TERMINATION. This EULA may be terminated by ooVoo immediately and without notice if You fail to comply with any term or condition of this EULA. Upon such termination, Your license to the Software immediately terminates and You must immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the ooVoo Software in Your possession or under Your control, including all backup copies. ooVoo reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software at any time with or without cause. Without limiting other remedies, ooVoo may limit, suspend, or terminate this EULA and Your use of the Software, delete Your User Account, modify or discontinue or suspend Your ability to use any version of the Software, and/or disable any Software You may already have accessed or installed without any notice to You with immediate effect, if ooVoo believes that You are in breach of this EULA, infringing a third party's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reasons, in ooVoo's sole discretion. ooVoo shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. ooVoo reserves the right to cancel User Accounts that have been inactive for more than 6 months. You may terminate this EULA with or without cause by removing the Software from all hard drives, networks and other storage media and destroying all copies of the ooVoo Software in Your possession or under Your control, including all backup copies.
22. REPRESENTATIONS. You represent and warrant that You are authorized to enter into this EULA and comply with its terms. Furthermore, You represent and warrant that You will at all times comply with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software. You agree to defend, indemnify, and hold harmless ooVoo and its licensors from any and all claims, losses, damages, fines, penalties, costs, expenses, and liabilities (including, without limitation, attorneys' fees) in connection with or arising out of Your: (a) violation or breach of any term of this EULA or any applicable law or regulation, whether or not referenced herein, (b) violation of any rights of any third party, (c) use or misuse of the Software, (d) communication transmitted by the Software, and/or (e) use and/or modification of the API. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments.
23. GENERAL PROVISIONS. This EULA sets forth ooVoo's entire liability and Your exclusive remedy with respect to the Software. You acknowledge that this EULA is a complete statement of the agreement between You and ooVoo with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software. If any provision of this EULA is invalid or unenforceable under applicable law it is deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this EULA shall be governed by New York law. Venue with respect to any dispute between You and ooVoo will rest exclusively in the state or federal courts located in New York, New York. The ooVoo logo and the OOVOO name and logo, among others are trademarks of ooVoo. Other parties' trademarks or service marks are the property of their respective owners and are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of ooVoo or the owner of such mark. ooVoo may change the terms of this EULA from time to time by providing such revised EULA to You or by publishing the revised EULA on ooVoo's web site. By continuing to use the Software You agree to be bound by the terms of any new versions of this EULA. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. You are not allowed to assign this EULA or any rights hereunder. The English version of this EULA may be translated into other languages. In the event of any conflict or inconsistency between the English version and any other language version of this EULA, the English version shall prevail to the extent of such conflict or inconsistency. ooVoo LLC, is the name of the legal entity doing business as ooVoo.
24. ooVoo Toolbar. Once installed, the "ooVoo Toolbar^TM" software plugin (the "toolbar") will automatically launch every time you execute your browser program. Before you can use the toolbar however, you must accept the following terms: You are granted the following limited rights: A. You may use Toolbar for personal purposes. For commercial use, you need an express written permission of Visicom Media. B. You may not reproduce, distribute, transmit, print or transfer information related to Toolbar. C. The statistics information collected by the Toolbar are strictly anonymous and are respecting the privacy. It is prohibited to: A. Modify the software in part or in its entirety. B. Decompile or reverse engineer the Toolbar. Toolbar Privacy Notice: BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY VIA THE SETTINGS OF YOUR BROWSER THE "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH" . FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO VISICOM MEDIA INC. VIA ("APPLICATIONSTAT.COM") TO HELP VISICOM COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS (for example concerning the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users. Limited Warranty: LIMITATION OF LIABILITY FOR INDIRECT DAMAGES: ooVoo LLC or Visicom Media inc. cannot be held responsible under any circumstances for damages of any character (including, but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product. The Toolbar is provided under license on an "AS IS" basis, without warranty of any kind, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. In no event shall ooVoo LLC and Visicom Media inc., or any third party involved in the creation, production, or delivery of the Toolbar be liable under any circumstances for any direct or indirect damages including, but not limited to, damages for loss of business profits, business interruption, incurred by the user even if ooVoo LLC or Visicom Media inc. has been advised of such damages. The entire risk as to the results and performance of the Toolbar is borne by the user. Visicom Media inc. may, at any time, revoke this license by notifying the user of the software. The user may cancel his license to use the product by destroying or erasing all copies of the toolbar. This limited warranty will be governed and interpreted according to the US law.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING IN THE RELEVANT BOX AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS EULA.