Terms of Use

ZoomFriends Legal notice, disclaimer, and terms of use

Access to and use of this World Wide Web site ("ZOOMFRIENDS.COM")is provided subject to these terms and conditions.PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

ZOOMFRIENDS.COM is a service of Visicron Corporation. ZoomFriends and ZoomChat are trademarks of Visicron Corporation ("VISICRON").

Use of Material on the ZOOMFRIENDS.COM Web site

The information, artwork, text, video, audio, or pictures (collectively, "Materials") contained on the ZOOMFRIENDS.COM Web site are protected by copyright laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without VISICRON.'S express written consent. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the ZOOMFRIENDS.COM Web site. You may print Materials on the ZOOMFRIENDS.COM Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.

Any computer software downloadable or otherwise available from the ZOOMFRIENDS.COM Web site is licensed subject to the terms of the applicable license agreement. The Materials included on the ZOOMFRIENDS.COM Web site are subject to change without notice.

No Warranties

THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISICRON, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY VISICRON, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF ZOOMFRIENDS.COM WEBSITE or ZOOMCHAT SOFTWARE ARE SOLELY AT YOUR OWN RISK.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Your use of the website and Materials is at YOUR OWN RISK and VISICRON is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Materials.

VISICRON has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the ZOOMFRIENDS.COM website, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or service on any particular device or communications service. VISICRON has no obligation to provide you with notice of any such changes.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VISICRON, ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "VISICRON GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE VISICRON GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE VISICRON GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE VISICRON GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS WEBSITE.

Without limiting the foregoing, under no circumstances shall the VISICRON be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

Upon a request by VISICRON, you agree to defend, indemnify, and hold harmless the VISICRON from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the ZOOMFRIENDS.COM website or software. VISICRON reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VISICRON in asserting any available defenses.

Statement of Privacy

Unless produced by VISICRON, information that you access or receive by using VISICRON software, information sent to you directly by other users, entered or posted by the users is not reviewed, controlled, examined, verified, endorsed or stored by VISICRON unless specified below. There are two ways that end-users can receive information by using VISICRON software; direct communication or indirect communication.

Direct Communications

A direct communication is when one user's data is sent to and received directly by another user. These communications are deliberate on the part of the sending end user. Direct communication information is not reviewed, controlled, examined, verified, endorsed or stored by VISICRON. Direct communications include:

Audio Calls
Videoconferences
Online Chat Messages

Indirect Communications

An indirect communication is sent to an end-user by another end-user, but is routed or stored on the VISICRON Media Server. Indirect communications include:

Profiles- VISICRON stores Profiles, but they should be considered and treated as information sent from another member of the community. VISICRON does minimal review of profiles on a visual basis only, and profiles stored as contacts can be modified after initial recording. VISICRON does not verify or endorse any individual's profile.
Text Chats- VISICRON participants generate all of the real-time content. The chats may be logged or recorded by the participants on their local processors.
Videoconferences � Video Messages may be stored on the VISICRON system, but are not viewed, reviewed or monitored by VISICRON or any of its employees.

Collection of Personal Information

In order to place calls through ZOOMFRIENDS.COM you must first register. During this process ZOOMFRIENDS.COM collects certain information such as your name, email address and phone number among others. ZOOMFRIENDS.COM does not associate any sensitive data, such as your race, religion, sexual orientation or political affiliations with personally identifiable information. However if you directly disclose personally identifiable information while using VISICRON, others may collect this information for use. VISICRON does not read, eavesdrop or record any of your private online communications.

In order to continue to develop a better online experience, VISICRON collects computer hardware and software information which may include: your browser type, Internet IP address, Operating System and referring Website addresses. Certain VISICRON usage information is also collected by VISICRON which can include: chat session times, login times and software version numbers. This information is used for the operation of the service, to maintain the quality of the service, and to provide aggregate statistics regarding use of the service.

Use of your Personal Information

VISICRON collects and uses your personal information in order to enable you to use the ZOOMFRIENDS.COM Service.

VISICRON may use personally identifiable information to maintain standards for the videoconferencing service. VISICRON does not sell, rent or lease any of the information collected to third parties. VISICRON will disclose your personal information, without notice, only if required to do so by law or in the good belief that such action is necessary to:

ZOOMFRIENDS.COM

Control your Personal Information

VISICRON offers you a range of choices for the collection and use of your personal information. When you register for a ZOOMFRIENDS.COM Login, you can choose exactly which information you would like to share in your ZOOMFRIENDS.COM Profile which is visible to other users. This can be changed at any later point from the ZOOMFRIENDS.COM Profile page on the Web site. These procedures are safeguarded to prevent someone else from making choices about the usage and control of your personal information. In each instance you are required to enter your password before submitting the updated information.

VISICRON will periodically inform you via email and through ZOOMFRIENDS.COM messages of new feature announcements, software releases, technical service issues and product surveys. These emails and messages are considered essential to the provision of the service you have requested so you will not be able to unsubscribe from these mailings.

Security of your Personal Information

VISICRON secures the personal information you provide on our servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

Policy on Children

In accordance with the "Children's Net Privacy Law", also known as COPPA, VISICRON does not allow users to specify ages under 13 within the registration information. We encourage parents to register and actively monitor their child if they wish to use the site or service.

Invite A Colleague

If you attempt to contact a user that has not yet subscribed to ZOOMFRIENDS.COM directly by dialing to their E-mail, ZOOMFRIENDS.COM will automatically send your colleague a one-time email inviting them to visit the site, and their personal information is not stored on our Web server.

Notification of Changes

VISICRON will occasionally update this Statement of Privacy to reflect company and customer feedback. When VISICRON posts changes to this Statement, you will see the term "Updated" next to the Privacy Policy link on VISICRON homepage.

Visicron Systems, Inc.