Terms & Conditions

Welcome to the VidCall

VidCall is pleased to provide you with access to the network of products services and this website and any related websites and related services owned or operated by Vid call and its related bodies corporate on these terms and conditions.

By accessing or using VidCall you agree to be bound by these terms and conditions of use as amended from time to time. If you do not agree do not use this site.

VidCall reserves the right, at its sole absolute and unfettered discretion, to change, modify, add to or remove portions of these Terms of Use, from time to time. It is your responsibility to check these Terms of Use periodically for changes. If you use the Site following the making of any of changes you accept and agree to the changes. Provided that you comply with these Terms of Use, Vid call grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and its services.

VidCall may withdraw your right to use the site at any time.

About the VidCall

VidCall publishes or makes available information, advertisements, products and services, contents, offers, data, software and links supplied by Vid Call and third parties (Material). Vid Call does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Vid Call Network or through the 3G network or on any web site or telecommunications network that links from the Vid Call Network.

Vid Call does not and cannot provide any warranty in relation to any content or goods or services advertised for sale on the Vid Call Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, or as described by the seller or owned by the seller.

VidCall does not in any way whatsoever endorse, condone, agree with, accept, support or promote any content supplied or uploaded by any third party.

These Terms of Service apply to all users of the VidCall Website, or of Vid call content via the 3G network including users who are also contributors of video content, information, and other materials or services on the Website. The VidCall Website includes all aspects of VidCall, including but not limited to Vid Call channels, the VidCall player and the VidCall Uploader whether accessed by the internet [removed][removed] or the 3G network.

The VidCall Website may contain links to third party websites that are not owned or controlled by VidCall. VidCall has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VidCall will not and cannot censor or edit the content of any third-party site or the content uploaded to this site. By using the Website, you expressly relieve VidCall from any and all liability arising from your use of any third-party website or the content on the VidCall web site.

Accordingly, we encourage you to be aware when you leave the VidCall Website and to read the terms and conditions and privacy policy of each other website that you visit.

Vid Call Accounts

A. In order to access some features of the Website, you may have to create a VidCall account. You must never use another persons or entities account without their or its express written permission. When you create your account, you must provide accurate truthful and complete information. You are solely responsible for any activity that occurs on or in your account. You should keep your account password secrete and secure. You must notify VidCall immediately you become aware of any breach of security or any unauthorized use of or access to your account.

B. Although VidCall will not be liable for any of your losses caused by any unauthorized use of or access to your account, you will be liable for the losses of VidCall or others due to such unauthorized use.

General Use of the Website—Permissions and Restrictions

VidCall hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute by any medium whether electronic or otherwise any part of the Website, without VidCall's prior express written authorization.

B. You agree not to alter or modify any part of the Website or the content,

C. You agree not to access VidCall Content through any technology or means other than the video playback pages of the Website itself, the VidCall application or other explicitly authorized means VidCall may designate.

D. You agree not to use the Website, for any commercial use, without the prior written authorization of VidCall. Prohibited commercial uses include any of the following actions taken without VidCall's express approval:

1. Sale of access to the Website on another website;

2. Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

3. The sale of advertising, on the VidCall website or any third-party website, targeted to VidCall content

4. Reproduce the content in any other website or publication.

5. Any use of the Website or its related services that VidCall finds, in its sole absolute and unfettered discretion, to use VidCall's resources or Vidcall content with the effect of competing with or displacing the market for VidCall, or VidCall content.

6. Mirror or frame any web site or page within the VidCall Network;

7. Use any automated process of any sort to query, access or copy any Material on the VidCall Network or generate or compile any document or database based on the Material published on the VidCall Network; or

8. Transfer or sell any information, functionality or products or services offered on the VidCall Network;

E. Prohibited commercial uses do not include:

1. uploading an original video to VidCall, or maintaining an original channel or number on VidCall, to promote your business or artistic enterprise;

2. any use that Vid Call expressly authorizes in writing.

F. If you have obtained permission to use the VidCall site or its contents on your website, you must include a prominent link back to the VidCall website on the pages containing web site or content or access to the VidCall content via the 3G network and you may not modify, build upon, or block any portion of the web site or the content in any way.

G. If you use the VidCall upload function, you agree that it may automatically download and install updates from time to time from VidCall. These updates are designed to improve, enhance and further develop the upload function and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates or new versions (and permit VidCall to deliver these to you) as part of your use of the upload function and VidCall shall not be responsible for any loss whatsoever incurred as a result thereof

H. You agree that VidCall may from time to time upgrade improve change modify delete or replace the 3G application, and VidCall shall not be responsible for any loss whatsoever incurred as a result thereof

I. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the VidCall servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, VidCall grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. VidCall reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

J. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

K. VidCall reserves the right to discontinue any aspect of the VidCall Website or the 3G application at any time.

Use of Vid Call Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the VidCall Website whether by the internet or the #G application.

A. The content on the VidCall Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to VidCall, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and VidCall. VidCall reserves all rights not expressly granted in and to the Website and the Content.

B. You may access VidCall Content solely:

1. for your information and personal use and

2. as intended through the normal functionality of the VidCall Service; and

3. for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work or an audio work via the Internet or via the 3G network from the VidCall Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. You may access Vid Call content, and other content only as permitted under this Agreement. VidCall reserves all rights not expressly granted in and to the VidCall Content and the VidCall 3G Service/application.

D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes unless approved in writing by VidCall.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the VidCall Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VidCall Website or the Content therein.

F. You understand that when using the Vid Call Website, you will be exposed to content from a variety of sources, and that Vid Call is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, crude, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VidCall with and in all respects thereto, and agree to indemnify and hold VidCall, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. In the event that you get any order or award of damages against VidCall you agree to repay such damages to Vid Call and to compensate VidCall for any costs expenses liability out of pockets damages or inconvenience caused as a result of the order or damages paid.

Content uploaded or Conduct of the customer

A. As a VidCall account holder you may submit video or audio content ("User Content") and textual content ("User Text"). User Content and User Text are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Vid Call does not guarantee any confidentiality with respect to any User Submissions.

B. 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 Vid Call 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.

C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Vid Call, you hereby grant Vid Call a worldwide, non-exclusive, royalty-free, payment free sublicense and a transferable license to use, reproduce, distribute, prepare derivative works of, display, distribute and perform the User Submissions in connection with the Vid Call Website and 3G distribution and Vid Call's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Vid Call Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Vid Call Website a non- exclusive license and or permission to access and use 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 the application and under these Terms of Service. The above licenses granted by you in User submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Vid Call web site and Service. You understand and agree, however, that Vid Call 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 Submissions are perpetual and irrevocable.

D. 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 Vid Call all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Vid Call Policy, which may be updated from time to time, or contrary to applicable local, national, and international laws rules code or regulations.

F. Vid Call does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Vid Call expressly disclaims any and all liability in connection with User Submissions. Vid Call does not permit copyright infringing activities and infringement of intellectual property rights on its Website, or on its 3G platform and Vid Call will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Vid Call reserves the right to remove Content and User Submissions without prior notice. Vid Call will not be responsible for or liable for any damages costs expenses liabilities or the like caused by the removal of the content or the User Submissions even if Vid Call removed them when the User had the right to use distribute or promote the same.

G. You must not

transmit any information or material which is knowingly incorrect, misleading or deceptive;
transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
use the Communications Services for any unlawful purpose;
post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Vid Call.
download any file posted by another user of the Vid Call site or 3G application that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

Vid Call may, but has no obligation to, review the use of the web site or the 3G application by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted by you.

Account Termination Policy

A. Vid Call will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Vid Call reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vid Call may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. Vid Call reserves the right to remove any content or User Submissions or to terminate a users account in it sole unfettered and unrestricted discretion, and the User or content supplier shall have no right to claim any damages costs expences liabilities or damages whatsoever of any nature whatsoever and in any jurisdiction whatsoever as a result thereof.

D. Vid call reserves the right to terminate immediately or at any time any account where the VidCall number the Account Holder has reserved or acquired was devised to or has unintentionally spelt a word, brand, brand name, place, action, verb, adjective, adverb, pronoun, noun or participle. In the case of such a cancellation VidCall shall not be liable for any loss, damage, cost, expense, liability or the like whether direct or indirect or contingent or not contingent incurred or suffered by the Account Holder or number holder save and except for the repayment of the monies paid by the Account Holder when they initially purchased or reserved the said number.

Copyright Policy

A. Vid Call operates a copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party. The Illegal use of copyright material will not be tolerated.

B. As part of Vid Call's copyright policy, Vid Call will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VID CALL WEBSITE SHALL BE AT YOUR SOLE AND COMPLETE RISK. TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY LAW, VID CALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS AND AGENTS DISCLAIM ALL AND ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE THE 3G APPLICATION AND YOUR USE THEREOF. VID CALL MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER RELATING TO THE ACCURACY TRUTHFULNESS TIMELENESS OR COMPLETENESS OF THE SITE'S CONTENT OR THE ACCURACY TRUTHFULLNESS TIMELENESS OR COMPLETENESS OF THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVEROR WHERESOEVER FOR ANY

ERRORS, MISTAKES, INCOMPLETENESS OR INACCURACIES OF CONTENT OR THE SAME BEING OUT OF DATE,
PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER WHETHER DIERECT OR INDIRECT,OCCURING ANY WHEREEVER AND OF WHATSOEVER NATURE RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR WEBSITE OR THE 3G APPLICATION,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THE SERVERS OF OUR CONTRACTORS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR OUR 3G APPLICATION,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR 3G APPLICATION BY ANY THIRD PARTY, AND/OR
ANY ERRORS MISTAKES OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VID CALL WEBSITE OR THE 3G APPLICATION.

VIDCALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VID CALL WEBSITE OR ANY HYPERLINKED WEBSITE OR THE 3G APPLICATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VID CALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OF OR CHECKING OF ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE BUYER IS ADVISED TO UNDERSTAND AND APPLY THE MAXIM OF CAVEAT EMPTOR IN ALL AND ANY TRANSAC TIONS IT MAY ENTER INTO.

THE BUYER IS TO BE SOLELY RESPONSIBLE FOR ANY TRANSACTION IT ENTERS INTO AND THE BUYER SHALL NOT IN ANY WAY LOOK TO VID CALL TO ASSIST IT IN OR BE LIABLE FOR ANY TRANSCATION THAT THE BUYER ENTERS INTO.

Limitation of Liability

IN NO EVENT SHALL VID CALL, ITS OFFICERS, DIRECTORS, EMPLOYEES,CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES LOSSES EXPENCES COSTS LIABILITIES OR THE LIKE WHATSOEVER OR WHERESOEVER ARISING RESULTING FROM ANY

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER DIRECT OR INDIRECT OFALL OR ANY NATURE WHATSOEVER,OR WHERESOEVER ARISING RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR CONTRACTORS SERVERS AND/OR ANY AND ALL PERSONAL OR OTHER INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN OR THEREON,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION OR ANY INCOMPLETE OR FAILED TRANSMISSION TO OR FROM OUR WEBSITE OR OUR 3G APPLICATION ,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITEOR 3G APPLICATION BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE LOSS OF ANY CONTENT OR DATA HOWSOEVER CAUSED OR FOR ANY LOSS EXPENCE LIABILITY OR DAMAGE OF ANY KIND WHATSOEVER AND WHERESOEVER INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VID CALL WEBSITE OR 3G APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF VID CALL, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, AT VIDCALLS OPTION

THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS,
THE REPAIR OF THE GOODS,
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS,
THE REPAYMENT TO YOU OF THE ORIGINAL AMOUNT YOU PAID TO VIDCALL TO OBTAIN THAT GOOD, OR
THE PAYMENT OF HAVING THE GOODS REPAIRED

AND, IF THE BREACH RELATES TO SERVICES, AT VIDCALLS OPTION

THE SUPPLY OF A SIMILAR SERVICE OR THE SERVICES AGAIN;
THE REPAYMENT TO YOU OF THE ORIGINAL COST OF THE SERVICE, OR
THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT VID CALL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

If Vid call is found to be liable for any order then you agree as a separate and distinct transaction to repay to Vid Call the cost of complying with said order damages liability cost expense or the like, as an additional cost of using the Vid Call website and or 3g appliaction.

The Website is controlled and offered by Vid Call from its facilities. Vid Call makes no representations that the Vid Call Website is appropriate or available for use in any location or locations. Those who access or use the Vid Call Website from any jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Vid Call, its parent corporation, officers, directors, employees contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees on an indemnity basis) arising from: (i) your use of and access to the Vid Call Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vid Call Website or 3G application.

Acknowledgement

You acknowledge that by using the VIDCALL Application you may incur download fees charges liabilities or expenses. Vid call will not be responsible for all or any of these download fees charges liabilities or expenses and you acknowledge that you have been warned of this possibility and that you accept that you may and/or will be required to pay or will pay for any downloads you may make whilst using the VIDCALL Application.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, or have some other legal right to and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Vid Call Website is not intended for children under 13. If you are under 13 years of age, do not use the Vid Call Website or 3G application. If you are under 13 years of age and you use this website or the 3G application then we will look to your parents and your parents agree that they are responsible for any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees on an indemnity basis) arising from: (i) your use of and access to the Vid Call Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vid Call Website or 3g application.

Parents who allow their children of 13 years or less to use the website and or the 3G application or who give their children access to the website and or 3G application or access to a medium to access the website and or 3G application will be liable in accordance with the terms and conditions hereof.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vid Call without restriction and at their sole and unfettered discretion.

Jurisdiction

You agree that: (i) the Vid Call Website and 3G application shall be deemed solely based in Hong Kong; and (ii) the Vid Call Website shall be deemed a passive website that does not give rise to personal jurisdiction over Vid Call, either specific or general, in jurisdictions other than Hong Kong. These Terms of Service shall be governed by the internal substantive laws of the country of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Vid Call that arises in whole or in part from the Vid Call Website shall be decided exclusively by a court of competent jurisdiction located in Hong Kong.

Entire agreement

These Terms of Service, together with the Privacy Notice and any other legal notices published by Vid Call on the Website, shall constitute the entire agreement between you and Vid Call concerning the Vid Call Website. To the extent of any inconsistency between these terms and conditions and any additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Severability

If any provision of these Terms of Service is deemed invalid unlawful or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

Waiver

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Vid Call's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Amendment

Vid Call reserves the right to amend or replace these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes every time you use the website or the 3G application. Your use of the Vid Call Website and or 3G application following any amendment of or replacement of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VID CALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VID CALL WEBSITE MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright, Trademarks and License

Material on the Vid Call Network is © to Vid Call. All rights reserved. Unless otherwise indicated on the Vid Call Network, the material on the Vid Call Network is owned by or licensed to Vid Call and is subject to copyright (the "Copyright Material"). You may:

only copy or reproduce the Copyright Material for the purpose of browsing the Vid Call Network or the 3G application or making a copy for your own personal, private or research use, provided that such use constitutes a fair use in the circumstances when viewing the use to which the content is supposed to be used.

You must not alter or modify the Copyright Material or remove any legal notice associated with it.

Software Services

Any software, including HTML code and ActiveX controls, that is made available to download from the Vid Call Network ("Software") or for your use on the web site is owned by Vid Call and/or its suppliers.

Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

If there is no License Agreement, Vid Call grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Vid Call Network in accordance with these terms and conditions, and for no other purpose. You must not:

not copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
not introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
not sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

VidCall and Your Privacy

To read how VidCall collects, uses and discloses your personal information please refer to the Vid Call Privacy Policy