7-May-2013

ooVoo End User License Agreement and Privacy Policy

 

ATTENTION: PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY ACCEPTING THIS EULA, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE EULA AND THE TERMS OF USE; ARE AT LEAST THIRTEEN (13) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE EULA; AND AGREE TO BE LEGALLY BOUND BY THE EULA. IF YOU DO NOT ACCEPT THE EULA, DO NOT USE THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING AGREEMENT.

Thank you for reviewing this End User License Agreement ("EULA"), which creates a legal agreement between you ("you", "your" or "User") and ooVoo, LLC ("ooVoo", "we", "us" or "our") for use of ooVoo mobile software applications, including any associated updates, supplements, enhancements and/or upgrades (if any and if provided without a separate EULA), media, printed materials and electronic documentation (collectively, the "Software"). By clicking the relevant box to acknowledge your agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Software.

We may from time to time revise this EULA (including by moving or deleting portions of, or adding to, the terms that govern your use of the Software). Please take a look at the ÒLAST UPDATEDÓ legend at the top of this page to see when this EULA was last revised. You are bound by any such revisions and should therefore periodically visit this page to review the then-current version of the EULA. Notwithstanding the foregoing, any amendment to this EULA shall not apply to any dispute between you and ooVoo arising prior to the date of the posting of such amendment. If you do not agree with this EULA, you are not authorized to use the Software. Your use of the Software following any changes constitutes your agreement to be bound by the EULA, as changed. In the case of any violation of these basic terms, ooVoo reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all of your visits to and use of the Software, both now and in the future.

  1. TERMS OF USE; PRIVACY POLICY. The Terms of Use and Privacy Policy apply to the use of the Software licensed under this EULA. The terms and conditions set forth in the Terms of Use http://www.oovoo.com/TermsAndPolicies.aspx?pname=TermsAndConditionsForPolicies and the Privacy Policy http://www.oovoo.com/TermsAndPolicies.aspx?pname=PrivacyPolicy are incorporated herein by this reference.
  2. NO ACCESS TO EMERGENCY SERVICES. The Software does not support or carry emergency calls (for example, "911" calls) to any type of law enforcement agency, fire department, medical facility or any other kind of emergency service. The Software is not a replacement for a traditional landline telephone or mobile phone, and will not enable you to contact emergency services or identify your physical location to emergency responders if you need emergency assistance. ooVoo is not required to offer emergency services pursuant to any applicable regulation or law, and you hereby waive any and all such claims, damages or losses, against ooVoo and its licensors, arising from or relating to the use of the Software to make or attempt to make such emergency calls.
  3. REPRESENTATIONS CONCERNING AGE AND JURISDICTION. You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Software.
  1. GRANT OF LICENSE. Subject to the terms of this EULA, ooVoo hereby grants to you a limited, non-exclusive, non-sublicensable and non-assignable license to use one copy of the object code of the Software on a single computer under your control (unless the license you acquire allows for use on more than a single computer under your control) for the sole purpose of using an ooVoo internet communication application.
  2. LICENSE LIMITATIONS. Your license to use the Software is subject to certain limitations. Specifically, you agree not to:

ooVoo reserves the right to utilize the processor and/or bandwidth of your computer to facilitate communications between you and a third party.

  1. INTELLECTUAL PROPERTY RIGHTS. As set forth in the Terms of Use, all rights, title and interest worldwide, including all associated intellectual property rights in and to the Software are owned by ooVoo or its licensors.
  2. PROHIBITED BEHAVIOR. You agree to use the Software solely for your own lawful personal or business needs. You are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Software (collectively, "User Content") and you shall not take any unlawful or improper actions with respect to such User Content in violation of ooVoo's or any third parties' rights or applicable laws. You agree not to use the Software to engage in any of the Prohibited Behavior as described in Section 13 of the Terms of Use.

    You may be exposed to content that is offensive, inappropriate for minors, indecent or otherwise objectionable. ooVoo cannot and does not monitor or control the material or other communication transmitted or distributed by any of its users or others who visit the Software or any related websites or other online services, or the actions, omissions or activities of its users, recipients of content or other communication, or other third parties, and cannot prevent such exposure or other harm to you or others. ooVoo shall not be liable for any such communications, actions, omissions, or activities or any damage or harm directly or indirectly resulting therefrom. THE CONTENT TRANSMITTED OR DISTRIBUTED THROUGH THE SOFTWARE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

  3. THIRD PARTY SOFTWARE. The Software may be incorporated into, incorporate itself into, be distributed with or provide links to software or other technology owned or controlled by third parties. Any and all such third-party software or other technology will be subject to you explicitly accepting a license agreement with the applicable third party, as well as the terms of this EULA. You agree to comply with all applicable terms and conditions of such third-party license agreements.  You acknowledge and agree that neither ooVoo nor its affiliates are responsible or liable for such third-party software or technology; you shall look solely to the applicable third party and not to ooVoo or its affiliates to enforce any of your rights with respect to such third-party software or technology.
  4. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OOVOO AND ITS LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. OOVOO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE'S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ALL YOUR COMMUNICATION WILL BE SECURE OR DELIVERED TO YOUR RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION), CONTENT AND/OR FILES STORED AND/OR ARCHIVED IN THE SOFTWARE OR ON OOVOO'S SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. OOVOO WILL NOT BE LIABLE FOR ANY OF THE FOREGOING. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusions or limitations set forth above, and therefore, may not apply to you.
  5. LIMITATION OF LIABILITIES. NEITHER OOVOO NOR ANY OF ITS LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SOFTWARE IS TO DE-INSTALL AND CEASE TO USE THE SOFTWARE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
  6. PASSWORDS. To protect your personal information, access to the Software requires submission of login and password information to create a user Account. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Software. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
  7. REGISTRATION DATA. You may be required or permitted to register with us to access the Software or certain features thereof.  We may refuse to grant you, and you may not use, a username (or e-mail address) for such registration that is already used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of another person; that is offensive; or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only; you agree not to disclose or transfer your username or password (or sell, lend or otherwise share or transfer your access to or use of the Software) to any third party. You are responsible for maintaining the confidentiality of your username and password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your account or the Software, and to ensure that you Òlog offÓ and exit your account with the Software (if applicable) at the end of each session.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations; you are fully and solely responsible for all interactions with the Software that occur in connection with your username.
  8. SUBSCRIPTIONS. ooVoo may charge you for some of its products or services (including if you register as a Commercial User). If you purchase any of ooVoo's products or services, you agree to the Refund Policy found on our website. You also agree to any terms (such as a minimum term of service, recurring subscription fees, or payment terms) of which we notify you during your purchase of the products or services.
  9. NEW VERSIONS. ooVoo may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to the Software, which may be provided automatically. If you do not want to receive such upgrades automatically, do not use the Software.
  10. REPORTING VIOLATIONS. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), ooVoo's designated agent for notice of alleged copyright infringement in connection with the Software is as follows:

Frank Miele 44 E 30th St, 12th Floor New York, NY 10016 frank.miele@oovoo.com

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

  1. ELECTRONIC COMMUNICATIONS. By using the Software, you consent to receiving electronic communications from ooVoo. These communications are part of your relationship with ooVoo and will include notices about your account (e.g. confirmations, video message notifications, and other transactional messages) and information concerning or related to ooVoo's service, such as Software updates, new features, and other important information about your account or service.
  2. PHOTOGRAPHS, IMAGES AND AUDIO CONTENT. By using the Software with a webcam or other photographic or video device and/or a microphone, and access to the internet, you will be able to transmit User Content, including images and audio content to other users. Although expressly prohibited under the terms of this EULA, you understand that ooVoo cannot prevent or control others from recording, capturing, altering, adapting, modifying or disclosing your User Content without your consent. You hereby release, discharge and agree to indemnify, defend and hold harmless ooVoo for and against any and all claims and demands, including, but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of such User Content.

ooVoo manages your User Content by sending it over various public networks to deliver it to users that you identify and communicate with through the Software. You understand that ooVoo, in performing the required technical steps to provide material through the Software to our users, may (i) transmit or distribute your User Content over various public networks and in various media (but in accordance with the Privacy Policy); and (ii) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media.

By using the Software, you give ooVoo a perpetual, irrevocable, non-exclusive and worldwide license that shall permit ooVoo to take the actions described above. Notwithstanding such permitted uses, ooVoo will not otherwise knowingly reproduce User Content or make User Content available to any third parties without your consent or unless permitted under the Privacy Policy. You confirm and warrant to ooVoo that you have all the rights, power and authority necessary to grant the above license. You further understand that you will not receive any royalties or other reimbursement for permitting ooVoo to use the User Content in the manner described above.

  1. OOVOO LINKS. The Software permits you to create ooVoo icons and various links (the "ooVoo Links") that you may attach to various websites. Examples of ooVoo Links include, but are not limited to, web video call links, video chat-room links, recorded and hosted video conversation links. You agree that you will only attach the ooVoo Link to websites that are not objectionable and that do not contain content that is harmful to any third party, illegal, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive. You further agree that you will immediately remove the ooVoo Link upon ooVoo's request for any reason.

Communication may be initiated through the ooVoo Link by a third party, regardless of whether he or she has downloaded and installed the Software. You understand that third parties who have not downloaded and installed the Software have not expressly agreed to be bound by the terms of this EULA. We are not and cannot be responsible for the actions or any omissions of any such person. Your use of the ooVoo Links is at your own risk. You agree to defend, indemnify and hold ooVoo harmless from and against any and all claims and demands arising from or related to your use of the ooVoo Links.

  1. TERMINATION. Without limiting other remedies, ooVoo may limit, suspend, or terminate this license and your use of the Software, prohibit access to the ooVoo website and delete your user account, with immediate effect and without any notice to you, if ooVoo believes that you are in breach of this EULA, infringing or misappropriating any third party's intellectual property rights, violating any third party's privacy or publicity rights, or engaging in fraudulent, immoral or illegal activities, or for any other reasons, in ooVoo's sole discretion. ooVoo shall effect such termination by providing notice to you at the email address you have provided, and/or by preventing your access to your user account. ooVoo reserves the right to cancel user accounts that have been inactive for more than six months. ooVoo reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software at any time with or without cause. You may terminate this EULA with or without cause. Upon termination of this EULA by you or ooVoo: (i) all licenses and rights to use the Software shall immediately terminate; (ii) you will immediately cease any and all use of the Software; and (iii) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
  2. APPLICABLE LAWS AND VENUE. This Software and this EULA (including without limitation the validity, construction and performance of duties related to the EULA) will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of New York without giving effect to any principles of conflicts of laws. Venue with respect to any dispute (not subject to arbitration as provided below) between ooVoo and User will rest exclusively in the state or federal courts located in New York, New York unless such venue would deprive User of any remedy, at law or in equity, which would otherwise be available in User's state of residence. ooVoo makes no representation that the Software is appropriate or available for use outside the United States, and access to it from territories where it is illegal is prohibited. If you use the Software to communicate with individuals outside the U.S., you are responsible for ensuring that such communications comply with applicable local laws, including the European Union Directive, and other privacy or other laws. You may not use or export or re-export any materials or services related to the Software or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to use the Software from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to the Software must be made or instituted within one year of when the cause of action or claim accrued.
  3. DISPUTE RESOLUTION. User shall first contact ooVoo regarding any claim or controversy arising out of or relating to this EULA, or any breach thereof. In the event such claim or controversy cannot be resolved informally, User and ooVoo agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. Any claim or controversy arising out of or relating to this EULA, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. User agrees that, by accepting this EULA, User waives the right to bring an action relating to the EULA or the Software as part of a class action suit. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. Unless ooVoo and User agree otherwise, any arbitration hearings will take place in the county (or parish) of User's residence. If the claim or controversy is for $10,000 or less, Company agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
  4. INDEMNIFICATION. You agree to defend, indemnify and hold ooVoo harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your: (i) violation or breach of any term of this EULA (including the scope of license and restrictions on use of the Software), or any applicable law or regulation, whether or not referenced herein, (ii) violation of any rights of any third party, (iii) use or misuse of the Software, (iv) communication transmitted by the Software, and/or (v) use and/or modification of the API.
  5. OOVOO TOOLBAR AND HOMEPAGE DEFAULT CHANGE. When you have consented to its use and installation, the "ooVoo Toolbarª" software plugin (the "Toolbar") and/or the HomePage Default Search Page will automatically launch every time you execute your browser program. Before you can use the toolbar and/or HomePage, however, you must accept the following terms: You are granted the following limited rights: (A) You may use Toolbar and or Homepage for lawful personal purposes; for commercial use, you need an express written permission of Visicom Media, Zugo Ltd. or Conduit Ltd ("Toolbar Partners" depending on which toolbar is installed), or the permission of MicroSoft or Google ("HomePage Partners" depending on which HomePage is installed.); (B) You may not reproduce, distribute, transmit, print or transfer information related to Toolbar or HomePage; and (C) The statistics information collected by the Toolbar and HomePage are not personally identifiable and are respecting your privacy. You are prohibited from:  (i) Modifying the software in part or in its entirety; (ii) Decompiling, reverse assembling or reverse engineering the Toolbar.

    Toolbar and HomePage Privacy Notice: BY PROCEEDING TO INSTALL THE TOOLBAR AND OR HOMEPAGE, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR AND HOMEPAGE WILL MODIFY VIA THE SETTINGS OF YOUR BROWSER THE "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH" . FURTHERMORE, ONCE INSTALLED, THE TOOLBAR AND OR HOMEPAGE MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO TOOLBAR PARTNERS AND HOMEPAGE PARTNERS TO HELP SEARCH PARTNERS COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR AND HOMEPAGE BY USERS (for example concerning the number of installations and unique users, the number of clicks which the Toolbar or HomePage receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.

    Disclaimer and Limitation of Liability: LIMITATION OF LIABILITY FOR INDIRECT DAMAGES: OOVOO LLC OR SEARCH PARTNERS CANNOT BE HELD RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR DAMAGES OF ANY CHARACTER (INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES RESULTING FROM THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT. THE TOOLBAR IS PROVIDED UNDER LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OOVOO LLC AND SEARCH PARTNERS, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TOOLBAR AND/OR HOMEPAGE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION INCURRED BY THE USER, EVEN IF OOVOO LLC OR SEARCH PARTNERS HAS BEEN ADVISED OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TOOLBAR AND HOMEPAGE IS BORNE BY THE USER. SEARCH PARTNERS MAY, AT ANY TIME, REVOKE THIS LICENSE BY NOTIFYING THE USER OF THE SOFTWARE. THE USER MAY CANCEL HIS LICENSE TO USE THE PRODUCT BY DESTROYING OR ERASING ALL COPIES OF THE TOOLBAR. THIS LIMITED WARRANTY WILL BE GOVERNED AND INTERPRETED ACCORDING TO THE US LAW.
  6. Apple-Specific Terms and Conditions.  In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the version of the Software that is compatible with the iOS operating system of Apple Inc. (ÒAppleÓ).  Apple is not a party to this EULA, and does not own and is not responsible for the Software. Apple is not providing any warranty for the Software, except, if applicable, to refund the purchase price for the Software. Apple is not responsible for maintenance or other support services for the Software, and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Software, including, without limitation, any third party product liability claims, claims that the Software fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to ooVoo at support@oovooinsiders.com.  The license you have been granted herein is limited to a non-transferable license to use the Software on a single, Apple-branded product, which runs AppleÕs iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in AppleÕs App Store Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Software, such as your wireless data service agreement.  You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a Òterrorist supportingÓ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You acknowledge and agree that Apple and AppleÕs subsidiaries are third party beneficiaries of this EULA and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
  7. MISCELLANEOUS PROVISIONS. This EULA (including the Terms of Use and Privacy Policy) sets forth ooVoo's entire liability and your exclusive remedy with respect to the Software. You acknowledge that this EULA is a complete statement of the agreement between you and ooVoo with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software. If any provision of this EULA is invalid or unenforceable under applicable law, it is deemed omitted and the remaining provisions will continue in full force and effect.

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

 

 

 

 

 

ooVoo Privacy Policy

 

 

ooVoo, LLC (ÒooVooÓ or ÒweÓ) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through our web site, currently located at http://www.oovoo.com (the ÒSiteÓ), and through the software applications made available by ooVoo for use on computers and mobile devices (the ÒSoftwareÓ and, collectively with the Site, the ÒServicesÓ). By downloading, accessing or using the Services, or providing information to us in connection with the Services, you agree to the terms and conditions of this Privacy Policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, any third-party service providers, and any other third party operating any software application or website to which the Services contain a link. The inclusion of a link on the Services does not imply endorsement by us of the linked software application or website.

We may change this Privacy Policy at any time. Please take a look at the ÒLast UpdatedÓ legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through the Services. Your use of the Services or the submission of any information through the Services following such changes means that you accept the revised Privacy Policy.

JURISDICTIONAL ISSUES

The Services are controlled by us from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Services, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to download, access or use the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By downloading, accessing, using or submitting any information to the Services, users from outside the United States acknowledge that the Services are subject to U.S. law, and consent to the transfer of their information to the United States and any other jurisdiction, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Personal Information

Personal Information We May Collect

ÒPersonal InformationÓ is information that identifies you as an individual. In addition to Personal Information, Other Information (as defined below) may be collected in connection with the Services; the collection, use and disclosure of Other Information is addressed separately below, under the heading ÒOTHER INFORMATIONÓ.

We and our third-party service providers may collect the following Personal Information from you:

 

With your permission, we and our third-party service providers may collect Personal Information from you about third parties that are included in your computerÕs or mobile deviceÕs address book functionality. Notwithstanding anything in this Privacy Policy to the contrary, we will only use such Personal Information for the purpose of providing you with a list of ooVoo users whom you may potentially know and, if you request that we do so, sending connection requests to such users on your behalf, and we will not disclose such Personal Information to any third party for marketing purposes. For example, if you agree to send your address book information to us, we may attempt to match your contacts against our directory of current ooVoo users, although we cannot guarantee that such matches will be accurate. After the matching process is complete, you may send connection requests to such users either via e-mail or through the Services.  Except as noted in this section, all other terms of this Privacy Policy apply to such Personal Information that we collect through such address book functionality, including terms regarding the storage and security of Personal Information.

We do not request, solicit or intend to collect any other personally identifiable information, and you should not disclose any such information in connection with the Services. IF YOU SUBMIT ANY PERSONAL INFORMATION OF OR RELATING TO THIRD PARTIES TO US OR OUR THIRD-PARTY SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.

How We May Use Personal Information

We and our third-party service providers may use Personal Information:

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

á      To our third-party service providers that may provide services such as hosting of the Services, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing, payment processing and other similar services. Please note that we may use cloud service providers in connection with the hosting of the Services and the storage of Personal Information, and we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.

á      To identify you to anyone to whom you send messages (including files, video and audio calls and text messages), connection requests or invitations through or in connection with the Services, including messages, connection requests and invitations that we may send on your behalf.

á      By you, through messages (including files, video and audio calls and text messages), chats, message boards, forums, public profile pages, user directories and blogs and other functionality with which you are able to share or post information and materials. Please note that any information and materials that you post or disclose using such functionality will become public information, and may be available for other users of the Services and the general public to record, access, use, alter, manipulate or disclose to other individuals or social networking sites such as Facebook or YouTube. We are not responsible for such recording, access, use, alteration, manipulation or disclosure. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, in connection with the Services.

á      To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).

á      As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

OTHER Information

Other Information We May Collect

 ÒOther InformationÓ is any information that does not reveal your specific identity, such as:

 

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

á      Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, language, and the name and version of the software application you are using. We may also generate a unique device identifier for use by ooVoo to operate the Services.

á      Through server log files: Your ÒIP AddressÓ is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Services, along with the time of the use and the pages or areas visited within the Services. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We and our third-party service providers use IP Addresses for purposes such as helping to calculate usage levels of the Services, diagnose server problems and administer the Services.

á      Using cookies: Cookies allow a server to transfer data to a device for recordkeeping and other purposes. We and our third-party service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Services, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Services may not be available to you.

á      Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some pages and areas of the Services and HTML-formatted e-mail messages to, among other things, track the actions of users of the Services and e-mail recipients, measure the success of our marketing campaigns and compile statistics about usage and response rates of the Services.

á      Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your deviceÕs physical location to provide you with personalized location-based services and content. We may also share your deviceÕs physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your deviceÕs location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

á      From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.

á      By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code.

How We May Use and Disclose Other Information

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your zip code with your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Services. Please note that these companies may use information about your use of the Services to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice, and to know your choices with respect to it, please visit http://networkadvertising.org/optout_nonppii.asp or http://www.aboutads.info.

security

We seek to use within ooVoo reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the ÒCONTACTING USÓ section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information for marketing purposes:

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related e-mails from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

Your choices regarding our use and disclosure of your Personal Information for the ooVoo public directory

You may also opt-out of our use and disclosure of your Personal Information in connection with our public directory of ooVoo users, and our identification of other ooVoo users whom you may potentially know, by visiting the ÒPrivacyÓ settings in your account within the Services.

How you can access your Personal Information

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Services, or, for certain Personal Information that is not reviewable through the Services, you may contact us in accordance with the ÒCONTACTING USÓ section below.

We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information.

use of THE SERVICES by MINORS

The Services are not directed to individuals under the age of thirteen (13), nor are such individuals permitted to use the Services; accordingly, we request that such individuals do not provide Personal Information in connection with the Services. If you are the parent or guardian of such an individual who has disclosed Personal Information to us in connection with the Services, please contact us in accordance with the ÒCONTACTING USÓ section below, and we will exercise commercially reasonable efforts to remove such information from our databases and storage systems; we are not liable, however, for any consequences of such information, including any delay or failure to remove such information.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by sending an e-mail to Roberta.lynn@oovoo.com. Please note that information you submit through e-mail may not be secure; so please do not include credit card information or other sensitive information in your messages to us.