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Terms & Conditions
The following are the Terms & Conditions of Use (the
"Agreement") governing the use of the videochat rooms in the
Channels in CUworld (the "Services") (located at
www.cuworld.com) by CUworld subscribers ("Users") as offered
by CUworld, Inc. ("CUworld").
For your reference, you may print the text of this Agreement from this
page now, or refer to the copy of this Agreement that can be found at
the Terms & Conditions of Use link.
- AGREEMENT.
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 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.
- ELIGIBILITY.
- 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 13
and older, may only use the Services under the direct
supervision of a parent or legal guardian who is a User.
- 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, CUworld does not knowingly collect
personally identifiable information from any minor and thus is
not subject to the Children's Online Privacy Protection Act.
- The Services, software, and related technology may not be
downloaded or otherwise exported or re-exported
- into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Sudan, or any other country to
which the U.S. has embargoed goods; or
- to anyone on the 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 U.S. export
control laws and any local laws in your jurisdiction that may
impact your right to import, export, or use the Software.
- EXCLUSIVE TO THE SERVICE.
This Agreement applies only to the Services specified in this
Agreement. CUworld may have other Terms and Conditions regarding
the use of other Web sites and products.
- THIRD PARTY SITES
- 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.
- CUworld 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.
- CUworld has no control over Affiliate Sites or the content,
transactions or services within them. CUworld 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.
- CUworld has no liability for Affiliate Sites failure to
perform or any errors in or omissions regarding any
information within Affiliate Sites.
- CUworld 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.
- CUworld disclaims any and all liability for, or in
connection with, any transaction or activity related to
Affiliate Sites.
- ACCEPTABLE USE.
- Subject to this Agreement, CUworld 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.
- 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.
- By offering the Service, CUworld 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
CUworld does not necessarily monitor, regulate or
otherwise control its Users, you hereby authorize CUworld
to use, remove or modify any content or data submitted by
you to the Service for any reason, without notice to you.
- Examples of prohibited uses include, without limitation:
- 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 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,
tortious, defamatory, libelous, 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, cancelbots, denial of
service attacks, flooding, or spamming;
- resell, rent or lease the Services;
- 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 CUworld 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.
- Users are expressly prohibited from using the Services or
directories of Users to send spam or other unsolicited bulk
e-mail. Due to the possibility of damage to the equipment and
reputation of CUworld and its Service Providers, you agree
that it is reasonable for you to pay CUworld damages of $5 per
piece of spam or unsolicited bulk e-mail transmitted from or
otherwise connected with your account.
- If you observe any offensive behavior or other violations
this Agreement, please click the "!" button in the
CUworld Room. This will allow you to send a message to the
CUworld staff, who will do their best to take reasonable
action against the offender, including but not limited to,
restricting the offender from chat rooms.
- TERMINATION
- Users and/or CUworld 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.
- CUworld may terminate this Agreement at any time for any
reason upon notice.
- CUworld 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.
- DOWN TIME
CUworld 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 CUworld be
liable to any party for any loss, cost or damage that results from
any period of down time suffered by the Service.
- LIMITATION OF LIABILITY
Your use of the Service and the information thereon is entirely at
your risk. CUworld, 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 CUworld 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 CUworld from losses
or damages you sustain in connection with your use of the Service.
If you are a California resident, you waive California Civil Code
§1542 which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor." Some states do not allow the foregoing limitations
of liability, so they may not apply to you.
- 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. CUworld does
not warrant that the Service contains accurate information or will
be free from bugs, defects or errors, or accessible without
interruption. CUworld 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.
- USER INFORMATION AND PRIVACY
- CUworld recognizes the importance of protecting the privacy
of CUworld Users and wishes to provide efficient and relevant
information to Users of the Service. In order to serve our
customers, CUworld collects and analyzes information provided
by you when using the Service.
- By registering for the Service you provide a username,
password and email address. 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 CUworld will not be responsible. If you
believe that your username or password has been stolen or
otherwise compromised, immediately contact CUworld Customer
Support.
- Other than information posted by Users, CUworld may also
collect and analyze 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 CUworld.
"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. CUworld collects such
personally identifiable information in order to provide
services to you.
- Aggregate or Demographic Information - CUworld may
collect and analyze aggregate data assembled from
information collected via the Service. Aggregate
information is collected in order to better understand the
demographics and usage patterns of CUworld Users, so that
CUworld can provide the highest level of service to our
customers. Such aggregate data is not generally personally
identifiable or linked to a specific User.
- Cookies - CUworld servers will automatically collect
information about your use of the Service. In this
process, CUworld will use a feature of your browser called
a "cookie" to assign a identification number
that automatically identifies your computer when you visit
the Service. Cookies are small pieces of information
stored on your hard drive. In connection with the Service,
cookies are used to store your username, password and
viewing options, allowing you to log into the Service more
conveniently. While some Internet browsers allow you to
reject cookies, you must accept the cookie from CUworld in
order to access the Service.
- IP Addresses - CUworld also collects IP addresses for
system administration, security and statistical analysis.
An IP address is a number that is assigned to a computer
whenever it is communicating over the Internet. CUworld
and its Internet Service Provider may log these IP
addresses and analyze them to understand where requests
originate. Such analysis enables CUworld to produce
traffic volume statistics that can be helpful in
understanding online traffic, thus enabling CUworld to
enhance its users' online experience.
- CUworld 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 CUworld to respect the privacy of its
users. CUworld reserves the right at all times to monitor,
review, and retain any information about you.
- CUworld 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 CUworld's recording,
reproduction and use of your conversations or video images for
these purposes.
- CUworld may use your personally identifiable information
when performing certain services for you. For example, CUworld
may use your email address in order to notify you when an
update to certain services becomes available. CUworld may also
use personally identifiable information to perform functions
such as maintaining a record of customer service requests. As
a consequence, CUworld may disclose personally identifiable
information as a necessary component of providing the Service
and associated administrative functions.
- On occasion, CUworld may provide aggregated or demographic
information to third parties. In certain circumstances,
CUworldt may share your personally identifiable information
with third parties who provide services to CUworld 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 CUworld, or its affiliated
entities, you agree that CUworld can accordingly assign, sell,
license or transfer any information, including personally
identifying information, that you have provided to CUworld to
those third parties directly involved in the transfer or
disposition of such assets.
- COPYRIGHT.
- CUworld 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 CUworld, its licensors, or its licensees.
- The Content on the Service is the proprietary property of
CUworld, its licensors or its licensees and is protected by
U.S. and 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.
- TRADEMARKS.
- The CUworld name, CUworld logo, HearU-HearMe name,
HearU-HearMe logo, The HearUworld name and logo, iPrint2fax
name and logo, MicroTelco name and logo, and CUworld, Inc.
name and logo and all other CUworld trademarks that appear
throughout the Service belong to CUworld, its affiliates or
third party trademark owners, and are protected by U.S. and
international trademark laws.
- The CUseeMe name, CUseeMe logo, First Virtual Communications
Inc. name, FVC logo and all other FVC trademarks that appear
throughout the Service belong to FVC, its affiliates or third
party trademark owners, and are protected by U.S. and
international trademark laws.
- You agree not to display or use in any manner the CUworld or
FVC trademarks. Nothing on the Service shall be construed as
conferring any license or other rights under the intellectual
property or other proprietary rights of CUworld, 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.
- ACCEPTANCE OF ADVERTISING.
- Certain features of CUworld's Service may be provided
without direct charge to all, or a portion of the CUworld user
community at the sole discretion of CUworld based on criteria
it selects.
- In return for the provision by CUworld and the receipt of
these features by you, you agree to the receipt of
advertisements from advertisers approved by CUworld.
- You acknowledge that certain web technologies used in the
delivery of CUworld's services may appear as an advertisement
to certain third party programs such as PopUp blockers or ad
blockers and waive any claim against CUworld should you
install and operate such third party programs while attempting
to utilize CUworld Services.
- CUworld 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 CUworld services you
consent to this data tracking.
- INDEMNIFICATION.
You acknowledge that CUworld 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 CUworld, 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.
- 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 California, USA, 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 San Francisco, California, USA, 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.
- CHANGES TO THE AGREEMENT.
CUworld may change this Agreement from time to time. By continuing
to use the Service after CUworld posts any such changes, you
accept the Agreement, as modified. The most current version of
this Agreement can be found at http://www.cuworld.com
- 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. CUworld's 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.
- MISCELLANEOUS
- Those provisions outlined here that normally would survive
after you cease using the Services and Content will survive.
- No joint venture, partnership, employment or agency
relationship exists between you and CUworld as a result of
this Agreement or your use of the Services and Content.
- Comments, suggestions or materials sent or transmitted to
CUworld shall be deemed to be non-confidential and not subject
to any restrictions. CUworld 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.
- CUworld reserves the right to charge fees at anytime, for
use of Service or other access of Content.
- Notices sent to you by CUworld in connection with this
Agreement will be delivered to you electronically or by
written communication delivered by first class U.S. mail to
your address on record in the account information.
- You may give notice to CUworld customer service
electronically via links on the CUworld site, or by letter
delivered by first class postage prepaid U. S. mail or
overnight courier to the following address:
CUworld, Inc.
466 9th Street
San Francisco, CA 94103
- ENTIRE AGREEMENT.
- This Agreement constitutes the entire and final agreement
between you and CUworld 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.
- No modification or attempted modification of this Agreement
by you will be binding on CUworld unless such modifications
are accepted by CUworld in writing.
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