Embedded Files
Terms of Service UPDATED 05FEB2020
Terms of Service UPDATED 05FEB2020
IMPORTANT — IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN A.V.M. SOFTWARE, INC. D/B/A Paltalk ("Paltalk") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF Paltalk's SOFTWARE, SERVICES, WEBSITES, DOCUMENTATION AND ASSOCIATED MATERIALS ("SERVICES"). BY USING OR INSTALLING ALL OR PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
LICENSE GRANT. Paltalk grants to you a non-exclusive, non-transferable license to use this copy of the Software solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer.
OWNERSHIP. The Software is proprietary to Paltalk and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. Paltalk reserves all rights not expressly granted herein. Paltalk owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Paltalk's ownership or proprietary rights therein or any other Paltalk information or materials, tangible or intangible, in any form and in any medium.
ACCOUNT INFORMATION. TO DOWNLOAD AND INSTALL Paltalk YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. THERE ARE CERTAIN AREAS ON Paltalk THAT CONTAIN ADULT OR MATURE CONTENT. ACCORDINGLY, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE THOSE AREAS. NO ONE UNDER THE AGE OF THIRTEEN (13) IS PERMITTED TO USE Paltalk. NO ONE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MAY USE Paltalk WITHOUT ADULT SUPERVISION. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INLCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE. ANY USER FOUND TO BE UNDER THE AGE OF THIRTEEN (13) OR PERMITTING USE OF Paltalk BY A PERSON UNDER THE AGE OF THIRTEEN (13), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY ALSO BE TAKEN. IF A CHILD UNDER THIRTEEN (13) HAS ACCESS TO YOUR COMPUTER, DO NOT SAVE YOUR Paltalk PASSWORD; THIS WILL RESTRICT THE CHILD AND ANY UNAUTHORIZED USER FROM USING YOUR ACCOUNT. IN ADDITION, WE STRONGLY RECOMMEND THAT YOU CHECK REGULARLY TO SEE IF ANY NEW, UNAUTHORIZED ACCOUNTS HAVE BEEN CREATED UNDER YOUR Paltalk ACCOUNT. When you register for Paltalk, you will choose a username or nickname and an account (Paltalk User Identification ("UID")) will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, which Paltalk deems in its sole discretion to be profane, offensive or in any other way unacceptable. Paltalk reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may allow another person, including a minor (13 - 18 years of age), to use your Account and nickname subject to your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the Paltalk software, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration forms (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete and (c) notify Paltalk of any unauthorized use of your account, password or other breach of security.
NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TERMS OF USE. You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying Paltalk or which Paltalk in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the Paltalk services, Paltalk reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the Paltalk services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefore, Paltalk reserves the right to restrict conduct and/or take measures against conduct, which Paltalk deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the Paltalk service or adversely affects Paltalk, its business or software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a Paltalk employee, administrator or representative; (d) disparaging the Paltalk service, Paltalk or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable conduct include, but not be limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancel bot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by Paltalk to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by Paltalk with respect to any similar behavior in the future. Without assuming the responsibility therefore, Paltalk also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization.
Unless you subscribe to the Paltalk Messenger service, use of the Paltalk software may include advertisements of various forms, which are necessary for Paltalk to provide the service. Furthermore, all users, including Paltalk Messenger subscribers, may see advertisements of various forms on Partner websites and/or applications, such as Games.
You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that Paltalk is not responsible for such Content. Paltalk does not administer Commercial Rooms or other rooms and is not responsible for the content of Commercial or other rooms, unless specifically denoted. Inclusion of a chat room, User Submission (as defined below) or other Content on the Paltalk home page, a landing page, or any other page does not constitute an endorsement by Paltalk or indicate that the Content has been reviewed or approved by Paltalk, and Paltalk expressly disclaims responsibility for same. Paltalk expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on Paltalk, you do so at your own risk.
If another Paltalk user attempts to send or sends you a video, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, the image sent by the user may be inappropriate for the rating of the Paltalk web-room you are in. Accordingly, you should use your judgment before agreeing to accept an Image. You hereby agree that your acceptance of such Images is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against Paltalk Parties (hereinafter defined) arising out of, or relating to your acceptance of Images.
In addition, you should be aware that if you elect to publish, distribute, disseminate, display, post or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. In addition, all Images, Chats, and other Content may be posted at various times on the Paltalk homepage, landing pages and/or other pages and you consent to same.
You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against Paltalk Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a Paltalk user to capture any Image or Chat that is Published on Paltalk without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service.
PALTALK PICTURE REQUIREMENTS. Please follow the following guidelines when submitting a picture. Paltalk strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways. Paltalk allows you to submit up to 10 pictures of yourself, including one primary picture and 9 secondary pictures. Non-paying members can only view primary pictures, and paying members can view all pictures. Paltalk will screen all primary pictures within 48 hours after submission, and you will be notified when it is approved or rejected. Primary pictures will not be displayed until Paltalk approves them.
All pictures must follow the below guidelines:
Can't be blank or of poor quality.
Can't be copyrighted by a third person who has not granted written authorization, can't contain the image of a celebrity or other person who has not granted written authorization.
Can't be construed as harassing.
Can't contain impersonations.
Can't contain excessive violence.
No nudity.
No profanity or offensive language.
Nothing pornographic.
Nothing obscene or indecent.
Can't be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).
Picture can be no greater than 100K in file size.
PRIMARY PICTURES. Primary pictures must additionally following these guidelines:
Picture must be of the submitter, must only display the submitter, and must clearly display their face (if you wish to express yourself in a creative way, display your artwork, show you with your friends, etc., feel free to do so in all other pictures).
Picture cannot contain text or contact information.
Occasionally, with your permission, Paltalk will feature your pictures in various places throughout Paltalk, such as Paltalk Today, the Paltalk homepage, or other locations. If you wish to have your primary picture considered for display in these areas or others, simply access the privacy section of your Paltalk People profile and modify the appropriate setting.
VIRTUAL ITEMS
As part of the Services, you may be allowed to purchase or earn (a) virtual currency, sometimes referred to as Paltalk Credits, (b) virtual goods, including without limitation, virtual coins, cash, tokens, stickers and gifts, and (c) status awards and achievements (e.g., crowns and crown points), all for use exclusively in the Services (referred to collectively as “Virtual Items”). Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items in the Services only, you have no right or title in or to any such Virtual Items appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Any “virtual currency” (e.g., Paltalk Credits) balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. Paltalk may at any time regulate, control, modify and/or eliminate some or all of the Virtual Items for any reason in its sole discretion.
You are not allowed to transfer Virtual Items outside the Services, for example by selling, gifting, or trading them. Paltalk will not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void, and such action may result in suspension or termination of your account. Your “purchased” Virtual Items will be used prior to any “earned” Virtual Items. In addition, certain Virtual Items, such as status awards and achievements, may expire after a period of non-use or in Paltalk’s sole discretion, even if your account remains active.
ALL SALES ARE FINAL AND NON-REFUNDABLE: YOU ACKNOWLEDGE THAT PALTALK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER PALTALK HAS DISCONTINUED THE SERVICES OR ANY PORTION THEREOF.
NO SOLICITATION; NO DENIGRATION. As a condition to your use of Paltalk, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, palhelp, consultant or any other person that is employed by, consults for, volunteers for, represents or assists Paltalk (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with Paltalk, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about Paltalk or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of Paltalk or any Representative, or otherwise tarnish or dilute any of Paltalk's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of Paltalk to cease using, and/or any potential customer or client of Paltalk not to use any Paltalk products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with Paltalk's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
ROOM RATINGS. Group Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "G-Rated Room," no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example). In an "R-Rated Room," some offensive language and content may occur; accordingly, you must be at least eighteen (18) years old to participate. In an "A-Rated Room," you should expect offensive language and content and you must be at least eighteen (18) years old to participate in such a room. Paltalk is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room.
HOSTING A CHAT ROOM. In accordance with the Terms of Service, you have the ability to create your own room on Paltalk. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior. By "RIGHT CLICKING" on the name of the person that is not behaving appropriately, you will see a menu of choices, including: (a) removing that person's ability to speak ("Remove Mic"), (b) removing that person from your room ("Bounce"), and (c) alerting Paltalk personnel ("Alert Admin of Misconduct"). In addition, you can add the user to your PalList, RIGHT CLICK on the user's name and click on "Block User," which will prevent the user from contacting you (except if you are in a group with that User). When creating your own room, more information will be available to you. You understand and agree that any room you host and Content thereon may be displayed in whole or in part on any page of the Paltalk site including, at Paltalk's sole discretion, the homepage.
YOUR USER SUBMISSIONS.
As a Paltalk account holder you may submit video content ("User Submissions"). You understand that whether or not such User Submissions are published, Paltalk does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Paltalk to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Paltalk, you hereby grant Paltalk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Paltalk Website and Paltalk's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Paltalk Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Paltalk Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Paltalk may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Paltalk all of the license rights granted herein.
Paltalk does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Paltalk expressly disclaims any and all liability in connection with User Submissions. Paltalk does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Paltalk will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Paltalk reserves the right to remove Content and User Submissions without prior notice.
DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to: Paltalk, PO Box 7528, New York, NY 10116-7481, email: copyright@paltalk.com, fax: (212)202-0423. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
2.Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Paltalk may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Paltalk's sole discretion.
PALTALK PORTAL PAGE. If Paltalk offers you the ability to opt-in to a Paltalk branded home page powered by My Way and you change your browsers home page to the Paltalk portal page powered by My Way, Paltalk and My Way make no guarantees as to the sites and information located worldwide throughout the Internet which you may access as a result of the use of the My Way Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the My Way Service may locate unintended and objectionable content. The My Way Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The My Way Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Paltalk or My Way to be used for trading or investing purposes. Neither Paltalk nor My Way shall be responsible for the accuracy, usefulness or availability of any information transmitted via the My Way Service, and neither shall not be liable for any trading or investment decisions made based on such information.
LAW ENFORCEMENT. Paltalk will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, Paltalk has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Paltalk would include all steps that Paltalk deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
TERMINATION OF ACCOUNT.
If you breach this Agreement or any other terms that apply to you, Paltalk may, in its sole discretion, take action against you up to and including terminating your account and/or access to the Services or any portion thereof, and Paltalk is under no obligation to compensate you for any losses or results. You may stop using our Services at any time and may request that we delete your account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your account.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS FOR ANY REASON IN OUR SOLE DISCRETION.
Upon termination of your account for any reason, your limited license to use or access the Services will immediately cease and any Virtual Items, including but not limited to purchased virtual currency, such as, Paltalk Credits, will be permanently forfeited. In addition, any payments already made, including subscription fees, will not be refunded if your account is terminated or suspended.
LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Paltalk OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "Paltalk PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF Paltalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD Paltalk PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE Paltalk SOFTWARE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is A.V.M. Software, Inc., PO Box 7528, New York, NY 10116-7481.
GOVERNING LAW; AMENDMENTS. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of New York and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New York, City of New York, Borough of Manhattan. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of Paltalk. Paltalk reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the Paltalk software.
CONSOLIDATION; CREDITORS RIGHTS. In the event of a merger, sale of assets or other corporate transaction involving Paltalk or in the event of a bankruptcy, insolvency or other action involving creditors of Paltalk or under other similar or related circumstances, Paltalk reserves the right to disclose and/or sell information about you and your Account. In the event Paltalk ceases its operations for a period of thirty (30) or more continuous days, you may file a claim for a refund of a prorated portion of your subscription premium, provided however, that you must file any claim within sixty (60) days of the first day on which Paltalk's service was first terminated (the "Claim Period"). In the event you fail to submit a claim with the Claim Period, you will not be entitled to a refund.
In the event you believe that a user has sent inappropriate images of a minor or has solicited a minor, please click on www.cybertipline.com, which is affiliated with the National Center for Missing and Exploited Children (telephone 1-800-843-5678).
OTHER REFERENCE SITES:
General Information:
Get net wise! Common sense guidelines:
Learn about parenting and keep your kids safe on the net:
Anti-Child porn information:
Legal issues
Child Online Privacy Protection Act. (coppa):
Child internet protection act:
http://www.fcc.gov/cgb/consumerfacts/cipa.html
Child safety information sites:
FBI child safety information:
http://www.fbi.gov/stats-services/publications/parent-guide
National Center for Missing and Exploited Children:
(telephone 1-800-843-5678)
Child Online Privacy Protection Rule:
http://www.ftc.gov/os/1999/10/64fr59888.htm
Paltalk Virtual Number Service: PaltalkVumber
If you have opted to receive the PaltalkVumber service, then the following terms and conditions apply to your agreement.
Services. Upon subscription of Paltalk's Virtual Number service (the "Services"), we hereby grant to you a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for your non-commercial use. You shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that you have such right. The services provided by us hereunder may allow you to perform various communications functions (collectively, the "Services"). Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. We shall not have any responsibility or liability for any communications, information, content and/or materials (collectively, "Content") that you submit to the Service and you assume all such responsibility and liability. We have no obligation to monitor the Service, but we retain the right to do so, as well as to take any action to satisfy any law, governmental request, or to protect us and/or the Service. We shall have no responsibility for the transmission or deletion of your Content. We have the right to restrict termination to any telephone numbers at our sole discretion. These may include, but are not limited to certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services.
No Emergency or 911 Service. You acknowledge and understand that PaltalkVumber does NOT allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your service and devices used to access PaltalkVumber that they must access these numbers directly through a landline, IP or mobile phone. PaltalkVumber is not intended to replace your primary phone service, such as traditional landline or mobile phone. Contract Period. Services are provided on a month to month basis and can be cancelled by you at the end of the current month billing period.
Acceptable Use. You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, you will abide by all rules, regulations, procedures and policies of and any policies of the networks connected to the Services. You agree to abide by all applicable local, state, national, foreign and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
Normal Use. PaltalkVumber is designed for individual use in social and business settings. Normal usage is considered less than 20 hours per account per month. Customers with continued use over 20 hours per account may be offered a different plan to fit their specific needs or other options at the sole discretion of Paltalk. Customers with excessive or non-acceptable usage may have their service limited or terminated at any time at the sole discretion of Paltalk.
Coverage. Your monthly PaltalkVumber subscription includes calls to the 48 contiguous states (this excludes special, premium, service and non-geographic numbers). Calls to Alaska, Hawaii, U.S. Virgin Islands and Puerto Rico are not included and may incur additional charges and/or termination of your account at the discretion of Paltalk.
Payment for Services. We will charge you the rates in effect under your plan as published on Paltalk.com, plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by us from time to time and will be effective when published on Paltalk.com. Some charges (such as, but not limited to, surcharges) may accumulate in your account before you are charged for such amounts, or such amounts may be charged to you as assessed. Your billing cycle starts on the day the subscription purchase is successfully processed. Subscriber agrees that all payments will be made to us via credit or debit card, issued by a US bank, including MasterCard, VISA, American Express, or Discover. We may change the credit cards accepted at any time, at our sole discretion. Your name and address as it appears on your account must also be on the credit account from which Payment is made. If you provide a credit card number that we accept for payment of your monthly bill, you are authorizing us to charge the amounts you owe, then or later, to that credit card account and to demand immediate payment from the card issuer. Every time you use our Services, you re-affirm that we are authorized to charge your card. You agree to authorize us to charge purchases made online to the credit card account supplied to us when the subscription was initiated, or the card that we have on file when the purchase is made. You agree to pay all costs and expenses, including without limitation attorney's fees, incurred us to collect any monies due under terms of this Agreement.
Registration and Privacy. In registering for the PaltalkVumber Service, you agree to provide and maintain accurate and complete information about yourself. In registering, you will designate a phone number or phone numbers and are responsible for maintaining the confidentiality of these items. If you provide data that is, or that we suspect to be, false, inaccurate, incomplete or not current, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. You agree to enter registered private telephone numbers that are controlled by or under the common control of you. If we find any registered private telephone information that we suspects to be, false, inaccurate, not current or otherwise not under the control of you, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof.
Modification of Service. During the term of this Agreement, we may modify or discontinue the Services at any time and with or without notice to Subscriber. You agree that we shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the Services, whether or not you are given prior notice thereof. You are responsible for creating a back-up copy of any important or critical information that is stored on the Services. We shall not be responsible or liable in any way for any information or data loss in connection with the Services.
Number porting. Paltalk does not support number porting. If you cancel your service, your old number may be made available to other customers after a cooling off period.
Indemnity. You agree to defend, indemnify and hold harmless us, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to your use of the Service, your violation of this Agreement or your communication of any Content on or through the Service.
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