TERMS OF USE

INTRODUCTION

Welcome to Vidzchat App !

This Terms of Use shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical Variations) and Vidzchat (‘Vidzchat’, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms of Use shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.

These Legal Terms of Use (the “Terms of Service”, “User Agreement”, “Terms”, “Agreement”) as set forth herein, are legally binding terms and Conditions for your use of the Vidzchat App (the “App”), all of the content, applications, products and services offered from time to time by, on or through the Vidzchat App (collectively the “Services” and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Services”).

By ACCESSING, VISITING AND/OR using the Services and regardless of whether you have registered for an account, you agree to be legally bound by these Terms of Use, the Privacy Policy, Cookie Policy, and any other policy which is contained on the Website, each of WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS, VISIT OR USE THE WEBSITE.

In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the Website. By accessing, visiting and/or using the website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.

ELIGIBILITY

You hereby represent and warrant that you have attained the age of majority in accordance with the laws of your respective jurisdiction and you possess the legal competence to accept these Terms.

AMENDMENT & MODIFICATION

You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.

Please read this agreement carefully to ensure you understand each provision.

ACKNOWLEDGEMENT

This paragraph is intended to apply to you if you have downloaded the Software from the Apple App Store or Google Play Store. Vidzchat and you acknowledge that this Terms of Use is concluded between Vidzchat and you only, and not with Apple Inc. (“Apple”) or Google Inc (“Google”), and as between Vidzchat and Apple and Google, Vidzchat, neither Apple nor Google, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service or Google Play Store Terms of Service as of the date hereof (which you further acknowledge you have had the opportunity to review).

LICENSE

Subject to your compliance with the Terms and Conditions, Vidzchat grants you a personal, limited, noncommercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or personal mobile devices (each, a “Device”) for the sole purpose of personally using the Vidzchat application and any other applications that may be explicitly authorized by Vidzchat for use through use of the Software.

OWNERSHIP

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Vidzchat and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Vidzchat and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Vidzchat hereby expressly reserves all rights in the Software and Services which are not expressly granted to you hereunder.

RESTRICTIONS

You may use the Software solely for purposes of enabling you to use and enjoy the Services, and as permitted by the Terms and Conditions. You only obtain a license to use the object code version of the Software. You shall not

  1. copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services;
  2. incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs or transfer it for use with another service or program;
  3. sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Services and any attempt by you to take such action shall be void;
  4. decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever;
  5. remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services;
  6. use the Software or any of the Services to create or proliferate a virus or to circumvent any copyright protection or other digital rights management mechanism.
  7. use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose,
  8. use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services,
  9. use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the Vidzchat servers than a human can reasonably produce in the same period of time manually;
  10. transmit invalid data, worms, viruses or any code of a destructive nature,
  11. transmit spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
  12. display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos,video, sound recordings, musical works, narration, works of authorship and/or any type of materials, information or communications (“Content”) deemed unlawful, harmful, threatening, pornographic, obscene, sexually explicit, abusive, racially or ethnically or otherwise offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, bullying, depicting or inciting violence (including suicide), hate speech, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability,
  13. attempt to hack, destabilize, adapt or otherwise interfere with Vidzchat’s website, the Software (or its source code) or any of the Services, or alter another website or mobile app so as to falsely imply that it is affiliated with Vidzchat,
  14. collect or harvest any personally identifiable information, including account names, from the Software or any of the Services,
  15. use a false phone number or email, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
  16. use or access any of the Services by any means other than through the interface provided by Vidzchat.

UTILIZATION OF LICENSE

If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to your obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services on your Device will do so in accordance with the Terms and Conditions.

THIRD PARTY SITES AND LINKS

  1. The Services may include links or references to third-party web sites or applications offering products or services, including games, applications, third party shopping merchants, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by Vidzchat (“Reference Sites“). The Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read the terms and conditions and privacy policies of any Reference Sites that you visit or use.
  2. Vidzchat does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve Vidzchat from any and all liability arising from your use of any Reference Sites. Vidzchat is not responsible for and does not control or guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.

CONTENT

Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Any use or reliance on any Content is solely at your own risk. Vidzchat does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Vidzchat Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

USER CONTENT

You acknowledge and agree that you are solely responsible for your conduct and any Content that you transmit or display through the Software or Services and that Vidzchat (and Apple if you downloaded the Software from the Apple App Store) is not responsible to you or any third party in connection with any Content. Vidzchat reserves the right (but not the obligation) to remove, edit or refuse to transmit any Content for the purpose of enforcing the Terms and Conditions, or for any other reason in Vidzchat’s sole discretion, but does not regularly review Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that:

  1. you are the creator and owner of or have the necessary rights to transmit or display the Content; and
  2. the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill, or any other intellectual property or proprietary right as may now exist or hereafter come into existence, (ii) require Vidzchat to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties, (iii) result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation, (iv) contain any information that is confidential or proprietary to a third party, or (v) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. VIDZCHAT RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.

GRANT OF RIGHTS

  1. If you transmit or share your Content in the Services or otherwise share your Content with or link your Content to the Services, for example, through Reference Sites or other third-party applications connected to your Vidzchat account, you represent and warrant that you have all rights necessary to grant, and you hereby expressly grant, to Vidzchat, its licensors and other Vidzchat partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, host, store, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, and otherwise exploit and use, all such Content and any name, voice, image and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and Services and Vidzchat’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Software or Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the rights granted by you in this Section to Vidzchat include the right to reproduce your Content on a royalty-free basis and that Vidzchat will have no obligation to pay royalties to you or any third party involved in the creation of your Content. Further, you understand that the license grants by you to Vidzchat hereunder will survive any termination of your use of the Software or Services.
  2. Any Content transmitted by you or through the Service or to Vidzchat will be considered nonconfidential and non-proprietary, and treated as such by Vidzchat, and may be used by Vidzchat in accordance with these Terms and Conditions without notice to you and without any liability to Vidzchat. You waive any rights to prior inspection or approval of any marketing or promotional materials related to any Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you transmit or display through the Services.
  3. You agree and acknowledge that Content you transmit through the Services may be distributed, viewed and accessed and commented by other users of the Software or Services and that Vidzchat will not be held liable for any unauthorized use of Content or comment thereon by any person.
  4. You acknowledge and agree that Vidzchat may collect, use and share information related to your use of the Services as described in the Privacy Policy, and including certain information contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.

AVAILABILITY AND UPDATES

Vidzchat may, without prior notice, stop providing the Software, features of the Software, and/or any of the Services, to you or to users generally, or create usage limits for the Software or any of the Services. Vidzchat, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services without notice. Vidzchat has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software or Services. You acknowledge that Vidzchat may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software or Services and, accordingly, may modify, update or upgrade the version of the Software or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

UNAUTHORISED USE

Vidzchat reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use. XV. VERIFICATION AND MOBILE ALERTS:

Vidzchat may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.

TERMINATION

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices.

Without limiting any other remedies, Vidzchat may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if Vidzchat believes that you are:

  1. in breach of any of the terms of any of the Terms and Conditions,
  2. creating problems or legal liabilities (actual or potential),
  3. infringing a third party’s intellectual property rights, or
  4. engaging in fraudulent, immoral or illegal activities.

You agree that Vidzchat is under no obligation to provide the Services, and that no Vidzchat Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

STORAGE

Storage space is inherently limited and as a result we are careful not to overload our servers. Accordingly, you acknowledge and agree that no Vidzchat Party is under any obligation to preserve, provide access to or return to you any Content and that Vidzchat shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Vidzchat may remove certain Content from its storage systems periodically in its discretion without notice to you.

INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VIDZCHAT, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING VIDZCHAT, COLLECTIVELY THE “VIDZCHAT PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, ACTIONS, LOSSES, LIABILITY, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY OTHER PARTY’S ACCESS AND USE OF THE SOFTWARE, SERVICES AND/OR CONTENT WITH YOUR PHONE NUMBER OR USERNAME.

WARRANTIES

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the Vidzchat Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. You further acknowledge that the Vidzchat Parties have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

THE VIDZCHAT PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES, WILL BE UNINTERRUPTED, UP-TO-DATE, COMPLETE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE VIDZCHAT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE, VIEW OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE SERVICE OR ANY CONTENT, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM).

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VIDZCHAT PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTIONARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF VIDZCHAT OR ANY OTHER VIDZCHAT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VIDZCHAT PARTIES EXCEED $ 10. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, SOFTWARE, SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

FEEDBACK

You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to Vidzchat are gratuitous, unsolicited and without restriction, and shall become the property of Vidzchat. Vidzchat will have exclusive ownership of all rights to the Feedback. Vidzchat will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Vidzchat will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

GENERAL

  1. International Users: The Software and Services are hosted in Singapore and by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, then you understand and consent to the processing of personal information in the United States.
  2. Notices: Vidzchat may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Vidzchat website.
  3. Eligibility to Contract: You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
  4. Entire Agreement: The Terms and Conditions (consisting of the Terms of Use, and Privacy Policy) represent the complete agreement between you and Vidzchat and may only be amended by a written instrument in writing between the parties. If any provision of the Terms and Conditions is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
  5. Assignment: You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. Vidzchat is allowed at its sole discretion to assign any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.
  6. Waiver: The failure of any Vidzchat Party to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Vidzchat.
  7. Headings: The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
  8. Governing Law and Disputes: The Terms and Conditions are governed by the laws of the Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore, and by the laws of the Singapore.
  9. Injunctive Relief: You acknowledge that the obligations made hereunder to Vidzchat are of a unique and irreplaceable nature, the loss of which shall irreparably harm Vidzchat and which cannot be replaced by monetary damages alone so that Vidzchat shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
  10. No Partnership, Agency, Joint Venture: The Terms and Conditions do not create or imply any partnership, agency or joint venture.
  11. Severability: If any of the provisions of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

CONTACT US

In case of any grievances, you can contact Vidzchat by using the contact us tab on the App or website, or by sending an email to: admin@vidzchat.com