The following are the Terms of Use (the "Agreement") governing the use of the video conference rooms supplied by Pc Video Conference (the "Services") (located at www.PcVideoConference.com) by subscribers ("Users") as offered by Pc Video Conference.
Please read this Agreement carefully before registering to become a User of the Services. By choosing to register, you agree to be bound by this Agreement, and indicate such agreement accepting the Terms of Service (Use) at time of account creation. If you do not agree to this Agreement do not create an account, and do not access the Services. You agree that your use of the Service will be subject to the most current version of this Agreement at the time of such use.
2. ELIGIBILITY
1. Only individuals who are at least eighteen (18) years of age are eligible to use the Services and thereby become Users. By becoming a User of the Services you warrant and represent that you are at least eighteen (18) years of age. Minors, age 14 and older, may only use the Services under the direct supervision of a parent or legal guardian who is a User.
2. No part of the Service is designed or directed to children. To register for the Service you must be at least eighteen (18) years of age. Therefore, Pc Video Conference does not knowingly collect personally identifiable information from any minor and thus is not subject to the Children's Online Privacy Protection Act.
3. The Services, software, and related technology may not be downloaded or otherwise exported or re-exported
- Into countries to which the Australia / U.S. has embargoed goods;
OR
- To anyone on the Australian / U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By installing or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you agree to comply with any other applicable Australian/ U.S. export control laws and any local laws in your jurisdiction that may impact your right to import, export, or use the Software.
3. EXCLUSIVE TO THE SERVICE
This Agreement applies only to the Services specified in this Agreement. Pc Video Conference may have other Terms and Conditions regarding the use of other Web sites and products.
4. THIRD PARTY SITES
1. Some third party Web sites or other such resources may be linked to or embedded in the Service ("Affiliate Sites"). These Affiliate Sites may have their own separate terms of use and privacy policies.
2. Pc Video Conference does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites.
3. Pc Video Conference has no control over Affiliate Sites or the content, transactions or services within them. Pc Video Conference cannot and does not guarantee, represent, or warrant that the content contained in the Affiliate Sites, including, without limitation other links, is accurate, legal, and/or inoffensive.
4. Pc Video Conference has no liability for Affiliate Sites failure to perform or any errors in or omissions regarding any information within Affiliate Sites.
5. Pc Video Conference does not represent or warrant that an Affiliate Site will not contain computer viruses or other harmful code that could impact your computer or other web access device.
6. Pc Video Conference disclaims any and all liability for, or in connection with, any transaction or activity related to Affiliate Sites.
5. ACCEPTABLE USE
1. Subject to this Agreement, Pc Video Conference grants you a limited, non-exclusive, non-transferable license to display and view communications, text, audio video, graphics, sounds and other material ("Content") through the Services.
2. You may not use the Service for anything other than its stated
lawful purpose. Regardless of the location from where the Service is used or accessed, you agree to comply with all applicable laws, regulations, statutes and ordinances in connection with the use of the Service.
3. By offering the Service, Pc Video Conference does not undertake any
obligation to monitor, regulate or otherwise control User provided
Content and expressly disclaims all liability and responsibility for such Content.
- Information disclosed in the public areas of the Service becomes
public information, and as such you should exercise caution when deciding to disclose your personal information.
-
By accepting this Agreement, you acknowledge that your use of the Service is at your own risk and that some of the Content in the Service may be inaccurate, objectionable or may violate a third party's rights or applicable law. However, notwithstanding the fact the Pc Video Conference does not necessarily monitor, regulate or otherwise control its Users, you hereby authorize Pc Video Conference to use, remove or modify any content or data submitted by you to the Service for any reason, without notice to you.
4. Examples of prohibited uses include, without limitation:/p>
- interference with another user's use and enjoyment of the Services or another individual's or entity's use and enjoyment of similar services;
- violation of any party's proprietary, publicity, privacy, or other right;
- misuse or disclosure of a party's confidential or proprietary information;
- downloading, uploading, or otherwise exporting programs or content from the Service in violation of Australian / United States export laws;
- transmission, storage, or knowing receipt of any obscene or
pornographic material including displays of nudity and/or sexual
activities or engaging in any misleading, tortuous, defamatory, libellous, or offensive activity;
-
transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- attempt to gain unauthorized access to the Services, other
accounts, computer systems or networks connected to the Services, through password mining or any other means;
- disruption of the Service, Users, and/or connected services
through the use of methods such as viruses, Trojan horses, worms, time bombs, cancel bots, denial of service attacks, flooding, or spamming;
- resell, rent or lease the Services;- without written consent from Pc Video Conference:
-
copy, reproduce, republish, upload, post, transmit, sell,
publish,broadcast, create derivative works from, perform, or distribute Content in any way, except as expressly permitted herein;
- conduct or facilitate surveys, contests, pyramid schemes, chain
letters, junk e-mails, spamming or any duplicative or unsolicited
messages(commercial or otherwise);
- advertise or offer to sell or buy any goods or services for any
non-personal purpose;
- advertise, solicit, or promote any services that are in
competition with Pc Video Conference Services
- harvest or otherwise collect information about others without
their consent;
- create a false identity for the purpose of misleading others as
to the identity of the user;
-
use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of the Users or other User or usage information or any portion thereof other than in the context of your use of the Services as permitted under this Agreement.
- permit or authorize others to use, the Services in connection
with the design, development, production, stockpiling or use of any chemical or biological weapons.
6. TERMINATION
1. Users and/or Pc Video Conference may schedule Users account for
non-renewal at any time for any reason. Services will terminate at the end of the Users existing subscription time period or immediately upon subscription cancellation by User.
2. Pc Video Conference may terminate this Agreement at any time for any
reason upon notice.
3. Pc Video Conference reserves the right to terminate for breach of this
Agreement without prior notice. No refund or credit, either in part or in whole shall be due, for terminations due to Terms of Use violations.
4. Distribution and Renewal of Subscriptions Upon purchase of a Subscription, you will automatically receive upgrades if
and when available. New order/subscriptions will be digitally delivered to the email address corresponding to the same email address provided to the Merchant financial transaction processor.
Subscription Term
Each subscription runs indefinitely until the subscriber / supplier
Cancels or a monthly recurring payment transaction fails. Failure to fund /renew your Subscription will result in immediate room account suspension, after 3 days your account is deleted from our database.
5. Cancellations
A User subscriber may cancel his or her Subscription at any time. When a
subscription is cancelled, the service is de-activated immediately.
A User subscriber is solely responsible for cancelling his or her Subscription prior to subscription charge / auto-renewal.
6. Refund:
Should this be warranted, the User subscription will be refunded in the same manner in which you paid for your Service initially.
Credit card refunds will be credited against the card used.
NOTE:
Absolutely NO refunds will be given for the remaining portion of the billing month after a cancellation or when a User fails to cancel a subscription prior to Subscription charge / auto-renewal.
The User accepts responsibility to access their Merchant Payment facilitator prior to auto-renewal to avoid further Subscription fees or charges.
Further, NO refunds will be given for Subscriptions or Payments that include set-up fees or costs for Dedicated Server Conferencing or Private label costs.
7. Free Trial Period
PayPal Free Trial Period subscriptions will NOT be charged initially whereas Share-it subscriptions are charged immediately.
PAYPAL User's must cancel there subscription by logging-into there PayPal account prior to Free Trial Period Expiring as NO REFUND will be forthcoming after PayPal charges your account.
As Share-It charges the User's account immediately, we will honor a FULL REFUND provided the User cancels there subscription within the Free Trial Period as specified on the subscription. (Usually maximum 72 hours from Subscription commencement date)
Subscriber's (Users) are solely responsible for cancelling there video conferencing service via the merchant processor within the agreed FREE TRIAL PERIOD as stated.
Should you decide to cancel the service in the future, we recommend you do this before either processor charges your account.
Our Company DOES NOT REFUND USERS who have failed to cancel there subscription PRIOR to the charge date.
All Users choosing PayPal must be PayPal VERIFIED - If you do not have a PayPal Verified account, you must upgrade your PayPal account as no video conference service will be provided unless prior written arrangements are in place.
User's may NOT re-subscribe for a FREE TRIAL PERIOD within 4 Months of any previous FREE TRIAL PERIOD Subscription.
You acknowledge that a new conferencing service may take up to one business day (Mon-Fri) to active your account. Weekends and Public holidays may take 48 hours, however most activations are completed within several hours and certainly within 12 hours upon receipt of purchase notification from the Payment transaction processor.
7. FORCE MAJEURE
Pc Video Conference will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond Pc Video Conference's control, whether or not similar to the foregoing.
DOWN TIME
Pc Video Conference will take commercially reasonable measures to ensure the
Service is available without significant interruption, notwithstanding
scheduled downtime needed to help maintain effective operation of the
Service. However, difficulties with hardware, software, equipment and
services supplied by others may result in service interruptions. In no
event
will Pc Video Conference be liable to any party for any loss, cost or damage
that
results from any period of down time.
8. LIMITATION OF LIABILITY
Your use of the Service and the information thereon is entirely at your risk. Pc Video Conference , its officers, directors, employees, agents, and content providers will not be responsible for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Service, your use thereof, or any of the information,data or other material transmitted through or residing on the Service, or
any errors, defects, interruptions, deletions or losses resulting therefrom, regardless of the type of claim or the nature of the cause of action, even if Pc Video Conference has been advised of the possibility of such damage or loss. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Pc Video Conference from losses or damages you sustain in connection with your use of the Service.
9. DISCLAIMER OF WARRANTIES
You expressly understand and agree that any and all information
contained on
or obtained from the Service is provided "as is" and on an "as
available"
basis. Pc Video Conference does not warrant that the Service contains
accurate
information or will be free from bugs, defects or errors, or accessible
without interruption. Pc Video Conference makes no warranties, express or
implied, as to the merchantability, fitness for a particular use or
purpose,
or any other warranty, condition, guaranty, or representation, whether
oral,
written, or in electronic form, including but not limited to the
quality,
accuracy, usefulness, timeliness or completeness of any information
provided
hereon. Some states do not allow the disclaimer of implied warranties,
so
the foregoing disclaimer may not apply to you.
10. USER INFORMATION AND PRIVACY
1. Pc Video Conference recognizes the importance of protecting the privacy
of
customer / Users and wishes to provide efficient and relevant
information to
Users of the Service. In order to serve our customers, Pc Video Conference
collects information provided by you when using the Service.
2. By registering for the Service we provide a username, password and
video
room URL link. You may not disclose or share the username or password
with
any unauthorized third parties or use your username or password for any
unauthorized purpose. If you lose control of either your username or
password, you may lose control over your sensitive information on the
Service and you agree that Pc Video Conference will not be responsible. If
you
believe that your username or password has been stolen or otherwise
compromised, immediately contact Pc Video Conference Customer Help Support
Desk.
3. Other than information posted by Users, Pc Video Conference may also
collect
and analyse other User information. This other information includes,
but is
not limited to the following:
-
Personally Identifiable Information - By electing to become a
registered user of the Service, you may provide personally identifiable
information to Pc Video Conference . "Personally identifiable information" is
information that would allow someone to identify or contact you,
including,
for example, your name, address, telephone number or email address.
Pc Video Conference collects such personally identifiable information in
order to
provide services to you.
-
Aggregate or Demographic Information - Pc Video Conference may collect
and
analyse aggregate data assembled from information collected via the
Service.
Aggregate information is collected in order to better understand the
demographics and usage patterns of Pc Video Conference Users, so that
Pc Video Conference can provide the highest level of service to our
customers.
Such aggregate data is not generally personally identifiable or linked
to a
specific User.
- Pc Video Conference may use your information on an aggregated basis to do
such
things as operate the Service, offer enhanced services, and sell and
deliver
advertising.
- It is the policy of Pc Video Conference to respect the privacy of its
users.
Pc Video Conference reserves the right at all times to monitor, review, and
retain any information about you.
-
Pc Video Conference reserves the right to record, reproduce or download
your
conferences or video images you have provided and to use your audio or
video
content for quality assurance purposes or for verifying your compliance
with
this Agreement or all applicable laws. You hereby consent to
Pc Video Conference
recording, reproduction and use of your conversations or video images
for
these purposes.
-
Pc Video Conference may use your personally identifiable information
when
performing certain services for you. For example, Pc Video Conference may
use
your email address in order to notify you when an update to certain
services
becomes available. Pc Video Conference may also use personally identifiable
information to perform functions such as maintaining a record of
customer
service requests. As a consequence, Pc Video Conference may disclose
personally
identifiable information as a necessary component of providing the
Service
and associated administrative functions.
-
On occasion, Pc Video Conference may provide aggregated or demographic
information to third parties. In certain circumstances, Pc Video Conference
may
share your personally identifiable information with third parties who
provide services to Pc Video Conference in order to enhance the
functionality
available to you on the Service or to provide you with new products and
services.
-
Notwithstanding anything to the contrary set forth herein, in
connection
with an assignment, sale, combination, merger, acquisition, joint
venture or
other transfer or disposition of some or all of the assets of
Pc Video Conference , or its affiliated entities, you agree that
Pc Video Conference
can accordingly assign, sell, license or transfer any information,
including
personally identifying information, that you have provided to
Pc Video Conference
to those third parties directly involved in the transfer or disposition
of
such assets.
11. COPYRIGHT
1. Pc Video Conference retains all rights with respect to the Service. All
Content included or available on the Service, including trade names or
marks, service names or marks, text, graphics, interfaces, code,
information, databases, technology and the selection and arrangement
thereof, are the sole and exclusive property of Pc Video Conference , its
licensors, or its licensees.
2. The Content on the Service is the proprietary property of
Pc Video Conference , its licensors or its licensees and is protected by
Australian - U.S. international copyright and other intellectual
property
laws. Except as specifically permitted herein, you agree not to
duplicate,
translate, publish, distribute, modify, extract data from, or otherwise
commercially exploit any content. You agree not to frame, or assist
third
parties in framing or link into any of the web pages contained in the
Service. Such framing or linking is strictly prohibited under this
Agreement.
12. TRADEMARKS
1. The Pc Video Conference name, Pc Video Conference logo and all other
Pc Video Conference trademarks that appear throughout the Service belong to
Pc Video Conference , its affiliates or third party trademark owners, and are
protected by Australian / U.S. and international trademark laws.
2. You agree not to display or use in any manner the Pc Video Conference
trademarks. Nothing on the Service shall be construed as conferring any
license or other rights under the intellectual property or other
proprietary
rights of Pc Video Conference , its affiliates or licensors or any third
party,
whether by estoppel, implication or otherwise. The names of actual
companies
and products listed on the Services may be the trademarks of their
respective owners.
13. ACCEPTANCE OF ADVERTISING
1. Certain features of Pc Video Conference Service may be provided without
direct charge to all, or a portion of the Pc Video Conference user community
at
the sole discretion of Pc Video Conference based on criteria it selects.
2. In return for the provision by Pc Video Conference and the receipt of
these
features by you, you agree to the receipt of advertisements from
advertisers
approved by Pc Video Conference .
3. You acknowledge that certain web technologies used in the delivery
of
Pc Video Conference 's services may appear as an advertisement to certain
third
party programs such as PopUp blockers or ad blockers and waive any
claim
against Pc Video Conference should you install and operate such third party
programs while attempting to utilize Pc Video Conference Services.
4. Pc Video Conference may collect or allow to be collected via cookies or
other
means such data as may be necessary for the delivery and tracking of
advertisements and by using Pc Video Conference services you consent to this
data
tracking.
14. INDEMNIFICATION
You acknowledge that Pc Video Conference does not endorse, or act in a
representative capacity and is not responsible or liable for or on
behalf of
you, any Affiliate Site, other Service User, or other third party. To
the
maximum extent allowed by applicable law, you agree to defend,
indemnify and
hold harmless Pc Video Conference , its affiliates and licensors, from and
against
all suits, proceedings, losses, liabilities, and expenses, including
without
limitation, attorneys' fees, whether in tort, contract or otherwise,
which
arise out of or relate to your breach of any term, acknowledgement or
warranty in this Agreement or any activity by you in relation to the
Service
or use of the Content.
15. GOVERNING LAW
This Agreement shall, for all purposes, be construed, governed by and
enforced solely and exclusively in accordance with the laws of the
State of
Queensland, Australia without giving effect to its conflict of law
provisions or your actual state or country of residence, excluding its
choice of law and also excluding the United Nations Convention on
Contracts
for the International Sale of Goods. You hereby agree that the courts
and/or
arbitrators located in Brisbane, Queensland, Australia, will constitute
the
sole and exclusive forum for the resolution of any and all disputes
arising
out of or in connection with this Agreement and you hereby irrevocably
consent to the personal jurisdiction and venue of such courts and/or
arbitrators and irrevocably waive any objections thereto. You hereby
irrevocably consent to service of process for all actions in such legal
proceedings. Any judgments obtained by such courts and/or arbitrators
may be
entered and enforced against you in any jurisdiction where you or your
assets are located. Any legal action concerning this Agreement or the
Services covered by this agreement must be brought by you within one
(1)
year after the claim or cause of action arises.
16. CHANGES TO THE AGREEMENT
Pc Video Conference may change this Agreement from time to time. By
continuing
to use the Service after Pc Video Conference posts any such changes, you
accept
the Agreement, as modified.
17. SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be invalid or
unenforceable,
such provision shall be amended so that it is enforceable to the
maximum
extent allowed under applicable law and the remaining provisions shall
be
enforced. Pc Video Conference failure to act with respect to a breach by you
or
others does not waive its right to act with respect to subsequent or
similar
breaches.
18. MISCELLANEOUS
1. Those provisions outlined here that normally would survive after
you
cease using the Services and Content will survive.
2. No joint venture, partnership, employment or agency relationship
exists
between you and Pc Video Conference as a result of this Agreement or your
use of
the Services and Content.
3. Comments, suggestions or materials sent or transmitted to
Pc Video Conference
shall be deemed to be non-confidential and not subject to any
restrictions.
Pc Video Conference shall have no obligation of any kind with respect to
such
comments, suggestions or materials and shall be free to use and
distribute
them to others without limitation, including, but not limited to
developing
and marketing products incorporating them.
4. Pc Video Conference reserves the right to charge fees at anytime, for
use of
Service or other access of Content.
5. Notices sent to you by Pc Video Conference in connection with this
Agreement
will be delivered to you electronically or by written communication
delivered by mail to your address on record in the account information.
6. You further undertake not to submit any material which is defamatory, obscene or pornographic or containing any viruses or other computer software which is intended to damage or interfere with the functioning of Pc Video Conference web sites or the business of Pc Video Conference.
7. Use of the Services requires one or more compatible devices, Internet access (isp fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. Solid high speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
8. You may give notice to Pc Video Conference customer service
electronically
via links on the Pc Video Conference , or by letter delivered by mail or
courier
to the following address:
Pc Video Conference Communications
52 Currumbin Creek Rd, Suite 222
Gold Coast, QLD Australia 4223
19. ENTIRE AGREEMENT
1. This Agreement constitutes the entire and final agreement between
you
and Pc Video Conference with respect to the subject matter hereof and
replaces
any and all prior or contemporaneous understandings or agreements,
written
or oral, regarding the subject matter.
2. No modification or attempted modification of this Agreement by you
will
be binding on Pc Video Conference unless such modifications are accepted by
Pc Video Conference in writing.