PALTALK SOFTWARE
LICENSE AGREEMENT
IMPORTANT - THIS IS A LEGALLY
BINDING AGREEMENT BETWEEN AVM 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, DOCUMENTATION AND ASSOCIATED
MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION,
BY USING THE SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY,
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 SOFTWARE AND YOU
SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
LICENSE GRANT. Paltalk
grants to you a non-exclusive, non-transferable license 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.
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. TO ESTABLISH AN ACCOUNT AND TO LOG INTO PALTALK
YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE. ANY USER FOUND TO BE UNDER
THE AGE OF 13 SHALL HAVE HIS OR HER ACCOUNT SUSPENDED WITH OR WITHOUT NOTICE
AND OTHER ACTIONS MAY ALSO BE TAKEN. USERS BETWEEN THE AGES OF 13 AND 18
MAY USE PALTALK ONLY UNDER ADULT SUPERVISION. ANY USER BETWEEN THE AGES
OF 13 AND 18 MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR
WITHOUT NOTICE FOR VIOLATING THE ABOVE TERMS OF USE. 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. 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 your Account if, in its sole discretion,
it determines that 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 account is terminated or suspended. Without assuming
the responsibility therefor, Paltalk reserves the right to restrict 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 in any manner whatsoever. Without limiting
the foregoing, examples of unacceptable conduct include: threatening, harassing,
or intimidating another user, transmitting any unlawful, threatening, abusive,
profane, offensive, defamatory, or hateful communication or material, or
any racially, ethnically or otherwise objectionable material; using any
obscene or offensive alias; impersonating another user, including, without
limitation, a Paltalk employee, administrator or representative; disparaging
the Paltalk service, Paltalk or its representatives, administrators or
employees; posting or transmitting any advertising, promotional materials
or other forms of solicitation to other users; disrupting the normal operation
of any chat room or otherwise acting in a manner that negatively impacts
other users. 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
therefor, 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 No Banner service, use of the Paltalk software
may include advertisements of various forms, which are necessary for Paltalk
to provide the service. 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. 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 user attempts to
send you a video image and you do not know the user, the image that he
or she sends you may be inappropriate for the rating of the room you are
in. Accordingly, you should use your judgment before agreeing to accept
a video image from another user that you do not know. In addition, you
should be aware that if you elect to publish your image, another user may
be able to capture that image and redistribute it in ways and to people
that you may not expect or want. Accordingly, you should not publish any
image, unless you are prepared to have that image distributed to a wide
audience and to people that you may not want to see that image.
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.
In the event that you engage in conduct prohibited by this Agreement, or
otherwise commit any other breach of this Agreement, then ANY of the following
may occur: you may be issued a warning; your access to online chat groups
may be suspended or use of your account may be temporarily or permanently
blocked; other action may also be taken against you. 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
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 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 AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND REPRESENTATIVES 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 Paltalk Software, Inc., 213 West 35th Street,
New York, N.Y. 10001.
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.
PRIVACY POLICY. Paltalk's
Privacy Policy can be found on the website www.Paltalk.com.