visitalk commCenter - Using visitalk.com

Using Visitalk
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Necessary Software
Terms
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Visitalk Terms and Conditions
Terms of Use
Visitalk, Inc. provides Membership Services to you according to the following terms of use ("TOU").  The TOU may be updated from time to time.  The current TOU can be found at http://www.Visitalk/CommSite/Marketing/Terms.asp You agree to review the TOU periodically to become aware of changes, which will become binding on you through your continued access and use of Membership Services.

BEFORE YOU CLICK THE "I AGREE" BUTTON, CAREFULLY READ THE "TOU."  BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TOU.  IF YOU DO NOT AGREE WITH ALL OF THE TOU, YOU MAY NOT ACCESS OR OTHERWISE USE MEMBERSHIP SERVICES.  YOUR CONTINUED USE OF MEMBERSHIP SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THE TOU AS IT MAY BE AMENDED FROM TIME TO TIME.

1.	Membership Services

Membership on the site provides registered Members (each a "Member") with a package of services ("Membership Services").  Visitalk may, at its sole discretion, add or delete services or features.  By registering as a Member, you agree to use Membership Services in a manner consistent with all applicable laws and regulations and in accordance with the TOU.   .

The current package of Basic Membership Services facilitates PC-to-PC voice and video communications and provides each Member with a unique Permanent Communication Number(TM) or PCN(TM).  The Member's PCN(TM), name, city, state and country, as well as other information, may be profiled in the Permanent Global Directory(TM), which is a directory that contains searchable information about Visitalk Members.

Visitalk grants Members a limited license to use the terms PCN(TM), Permanent Communications Number(TM), and Permanent Global Directory(TM) to identify Visitalk Membership Services and to advise others regarding how to communicate with Members using the Membership Services.  Visitalk further grants Member a personal, non-transferable and non-exclusive right and license to use the object code of Visitalk downloadable software for personal, non-commercial use: provided that Member does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software.  This Visitalk limited license specifically prohibits use of Visitalk software for any business or other for profit purposes. Prohibited business uses include, but are not limited to, use on any intra-organization network including intranets or any other internal communications network.

Visitalk Basic Membership Services are currently available as part of an all inclusive membership package, exclusive of other Internet or telecommunications fees.  In the future, Visitalk may offer private conferences and Premium Membership Services for an additional fee, which shall be set at the sole discretion of Visitalk.  Additional terms of use may apply to Premium Membership Services.  Features now available as Basic Membership Services may in the future be categorized as Premium Membership Services.

You understand and agree that Membership Services are provided "AS-IS" and that Visitalk assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communications.  

2.	Registration Requirements

Basic Membership Services are available to anyone, subject to certain limitations, who accurately and truthfully completes a registration form providing all required information, including a legitimate electronic mail address.  Each Member is allowed to have only one Membership and associated Membership Services.  Only one Membership per legitimate electronic mail address is allowed.  Any exceptions to the registration requirements, including the use of one electronic mail address by more than one Member, must be approved in writing in advance by Visitalk.

Visitalk is concerned about the safety and privacy of all its users, particularly children.   As a result, Visitalk services are not available for children under the age of thirteen.

3.	Use of Membership Services

Visitalk reserves the right to establish standards and guidelines for the manner of use and the content of materials transmitted using Membership Services.  Visitalk also reserves the right to edit, delete, modify or move any material or information submitted for directory listing.

Information that Visitalk publishes on the World Wide Web or otherwise may contain references or links to Visitalk's or other's products or services that are not available in your country or geographic area.  Such references or links do not imply that Visitalk intends to provide such products or services in your country or geographic area.  

Visitalk makes no representations whatsoever about any directory or community which Members may access through Membership Services.  Visitalk is not responsible for the content expressed through any directory or other Membership Services.  Views expressed are the responsibility of posting Members and not Visitalk.  Visitalk does not review or approve any content listed in any directory or other service before that content appears.  However, Visitalk reserves the right to remove any listing or content from any directory or service if, in Visitalk's sole discretion, that listing or content violates the TOU.

Each Member agrees NOT to place on the site or transmit through use of the site any of the following:

*  Commercial material of any kind, including, but not limited to material generally known as "Spam" or other advertisements, chain letters, bulk communications or solicitations, whether for profit or not;

*  Another Members' information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g., mass marketing);

*  Material whose use is restricted based on intellectual property rights (including, but not limited to, materials protected by copyright, moral rights, trademark, patent, right of privacy, right of publicity and trade secret law), without the express permission of the owner of those rights;

*  Material that exploits the images of children;

*  Material that may be offensive to Visitalk Members, including expressions of bigotry, racism or hatred;

*  Material that promotes any illegal activity;

*  Material that defames, abuses or threatens others;

*  Material that contains adult content or which may be considered to be pornographic, indecent, obscene or sexually offensive; and

*  Material that Visitalk determines, in its sole discretion, is harmful to other Members, the business of Visitalk or other third-party providers.

You acknowledge that Visitalk does not pre-screen any content posted using Membership Services, but that Visitalk and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available using Membership Services.  Without limiting the foregoing, Visitalk and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable.

4.	Confidentiality and Privacy

The Visitalk Privacy Policy can be reviewed at the following URL: 
http://www.Visitalk.com/CommSite/Marketing/privacy.asp

Visitalk reserves the right to distribute aggregated demographic information provided by Members, but will not sell, distribute or otherwise disclose personal identifying information of individual Members unless the member gives their permission, and as may be required by law.

Ideas, suggestions, concepts, know-how or techniques submitted by Members to vistalk.com will be deemed NOT to be confidential.  By sending Visitalk ideas, suggestions, concepts, know-how or techniques, Member is granting Visitalk an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those ideas, suggestions, concepts, know-how or techniques.  Member agrees that Visitalk is free to use any such ideas, suggestions, concepts, know-how or techniques for any purpose.

Exchanges between Members or between Visitalk and Members may not be secure given the current state of Internet technology.  Visitalk encourages Members to frequently change passwords and to exercise caution in the transmission of electronic mail addresses, passwords and personal information.

Visitalk uses SSL to encrypt each Member's Permanent Communications Number (PCN) and password when logged on. SSL is also used to encrypt membership data and credit card information acquired during Member registration as well as subsequent updates to Member Profiles. Voice mail messages are encrypted using SSL as they are transferred to and from Visitalk servers.

You acknowledge and agree that Visitalk may preserve any content posted using Membership Services and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any such content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Visitalk, its Members and the public.

5.	Public Content Posted Using Membership Services

For purposes of the TOU, "publicly accessible Membership Services" are those that are generally accessible by Members.  By way of example, a publicly accessible area of the Membership Services would include communities, but would not include private PC to PC voicemail directed to a specific Member.  By posting content to publicly accessible Membership Services, Members grant Visitalk a royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide.

6.	No Resale of Services

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Membership Services, use of Membership Services, or access to Membership Services. 

7.	Intellectual Property Rights

All material used as part of Membership Services, whether created by Visitalk or under license from others, including, without limitation, programming, text, software, photos, video, graphics, music and sound, may be protected by U.S. and international copyright law, both as individual works and as a collection.  These materials may also be protected by other law, including but not limited to moral rights, trademarks, patents, right of privacy, right of publicity and trade secrets.  Materials accessed through Membership Services may only be used for the stated and intended purposes.  The use of materials for any other purpose is not allowed. Members may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such material in any format, electronic or otherwise.

Except as provided as Membership Services, no license or authorization to use Visitalk patents, trademarks, copyrights or other intellectual property is being granted.  You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, broadcast, or dissemble any aspect of Visitalk Membership Services.

Materials protected by copyright or other intellectual property law may not be posted using any Visitalk Membership Service without the express permission of the author or owner of the rights to that material.

8.	Intellectual Property Infringement Claims

It is the policy of Visitalk to respect the intellectual property of others.  Visitalk will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.  Please direct any notices of claimed copyright infringement to the address below:

Visitalk
14647mS. 50th Street, Suite 130
Phoenix, AZ 85014

 
9.	Limitations of Liability and Warranty

Use of Membership Services are entirely at your own risk.  Membership Services are provided on an "AS IS" basis without warranties of any kind, either expressed or implied.  Membership Services may change or be eliminated at any time without notice.  Neither Visitalk nor any third-party content provider make any warranty with respect to the accuracy, correctness, completeness, and fitness for use or non-infringement of any Membership Services and are not responsible for:

*  Any errors or omissions arising from use;

*  Any failures, delays, or interruptions in the delivery of any content or Membership Services; and/or

*  Any direct, indirect, special or consequential damages for any use of Membership Services, or on any other hyperlinked web site, including without limitation, any lost profits, business interruption, loss of programs or other data, even if we are expressly advised of the possibility of such damages.

Member agrees that neither Visitalk nor any third-party content providers are liable for any conduct by other Members, including, but not limited to, other Member activities relating to directories, communities, resumes, member profiles, surveys, chat rooms, message boards or other services currently offered or offered in the future.

Visitalk makes no warranties or representations with respect to any goods or services provided by third parties, including affiliated sellers, advertisers, or web sites accessible through Membership Services.  Member will not consider Visitalk nor will Visitalk be construed as a party to such transactions, whether or not Visitalk may have received some form of revenue or other remuneration in connection with those transactions.  Visitalk will not be liable for any costs, injuries, or damages arising out of Member's purchase of goods or services from such third parties for any costs, injuries, or damages that Member or someone else may suffer as a result of using the goods or services purchased by Member from third parties.  This means that we are not responsible for any harm that anyone else causes Member including any harm that may be caused by affiliated sellers, advertisers, or third party web sites accessible from Visitalk.

10.	Indemnity

You agree to indemnify and hold Visitalk, and any parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Membership Services, your violation of the TOU, or the infringement by you, or any other user of your Membership, of any intellectual property or other right of any person or entity.  This means that if somebody sues Visitalk because of something you did or failed to do, including but not limited to using Membership Services, your breach of the TOU, or your illegal use of someone else's intellectual property, then you have to pay Visitalk all costs, expenses and awards, including attorneys' fees, relating to such suit.


11.	Breach of This Agreement

In the event that Visitalk determines, at its sole discretion, that Member has breached any portion of the terms of the TOU, Visitalk may (i) discontinue your Membership; (ii) delete all content provided by you using Membership Services; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) take other action that Visitalk deems to be appropriate.

12.	Termination of Service

Visitalk, at its sole discretion, may terminate your Membership for any reason.  You agree that such termination may be affected without prior notice.  You further agree that Visitalk shall not be liable to you or any third party for such termination.

12.	General

The TOU constitutes the entire agreement between you and Visitalk and governs your use of Membership Services, superceding any prior agreements between you and Visitalk.  You may also be subject to additional terms and conditions that may apply if you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Visitalk shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.  You and Visitalk agree to submit to the personal and exclusive jurisdiction of state or federal courts in Maricopa County, Arizona, U.S.A.   The failure of Visitalk to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.  If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Membership Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in the TOU are for convenience only and have no legal or contractual effect.
Reporting Copyright Infringement
We used the videoconference capabilities to show our baby's first steps to his grandparents live. It has brought our family closer together.
S.S. - Visitalk member
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