10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://viewloapp.com/privacyplan.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles.
20. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the District of Columbia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the District of Columbia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at help@viewloapp.com or call at (+1)877-884-3956.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. QUALITY OF STREAMING SERVICE
USER RESPONSIBILITY: 1. Users acknowledge that the quality of the streaming service is dependent on various factors, including but not limited to internet connection, device capabilities, and other technical considerations.
2. USER DISCRETION: Users have the right to end a video call at any time if they are not satisfied with the quality of the streaming service provided.
NO REFUND POLICY
3. NON-DISPUTE AGREEMENT: Users agree not to dispute charges or seek a refund based on dissatisfaction with the streaming service quality.
4. USER ACKNOWLEDGMENT: By using Viewlo, users acknowledge that the service is provided on an "as-is" basis, and Viewlo makes no warranties or guarantees regarding the quality of the streaming service.
5. CONDUCT: Users are expected to conduct themselves responsibly and adhere to any community guidelines or standards provided by Viewlo.
6. REPORTING ISSUES: If users encounter technical issues, they are encouraged to report them to help@viewloapp.com for assistance.
31. USER RESPONSIBILITY AND LIABILITY DISCLAIMER
Users are prohibited from engaging in dangerous or unsafe situations while using our services. It is the sole responsibility of the user to ensure their safety and well-being during any interactions facilitated by our platform. Our company shall not be held liable for any harm, injury, or damage resulting from the user's participation in such activities. By using our services, users acknowledge and agree that they assume all risks associated with their actions and interactions. Our company disclaims any responsibility for incidents arising from the user's failure to adhere to safety guidelines or engage in prudent behavior. Users are advised to exercise caution and good judgment at all times while using our services. Failure to comply with safety recommendations may result in account suspension or termination at our discretion.
32. TEMPORARY HOLD FEE CLAUSE
By using this app, the user agrees to a temporary hold fee of $1.99 per video call, which will be processed upon initiating certain transactions. This hold is placed to secure the transaction and ensure the availability of funds. Once a final balance is determined, the actual payment amount will be updated accordingly. It is important to note that the app shall not be held responsible for any overdraft fees incurred by the user due to the temporary hold. Users are advised to manage their account balances accordingly to avoid such circumstances. Your use of the app constitutes acceptance of this temporary hold fee arrangement, and any updates to the final payment amount will be made transparently within the app interface.
33. COPYRIGHTED MATERIAL
A). PROHIBITION: Users of Viewlo are strictly prohibited from broadcasting or streaming any content that is protected by copyright without proper authorization from the copyright owner.
B). VIOLATION CONSEQUENCES: Violation of this provision may result in the suspension or banning of the offending account. We take copyright infringement seriously and will take appropriate action as outlined in our Copyright Policy.
USER RESPONSABILITIES
A). User Content: Users are solely responsible for the content they upload, share, or distribute on Viewlo. Ensure that you have the necessary rights, licenses, and permissions to share any content.
B). Reporting Violations: Users are encouraged to report any suspected violations of copyright or other terms of service to help@viewloapp.com.
COPYRIGHT POLICY
A). Reporting Copyright Infringement: If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please follow our Copyright Policy for reporting procedures.
B). Repeat Infringer Policy: Viewlo reserves the right to terminate the accounts of users who are repeat infringers of copyright.
34. FEES
To the extent the Service or any portion thereof is made available for any fee you will be required to provide us with information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. All payments shall be made in U.S. Dollars and you acknowledge and agree that any currency conversations may be done by our payment processing partners, when applicable.
If you have registered for the Services via a subscription plan, you expressly acknowledge and agree that (a) the Company or its payment processor is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or otherwise stop providing access to the App and/or Services in accordance with these terms. You will promptly update your account information with any changes (for example, a change in your billing address, identification information, or credit card expiration date) that may occur.
We may change prices at any time in our sole discretion. Your continued use of the Service after any price change or any fee adjustment becomes effective constitutes your agreement to pay the changed amount charged. You shall be responsible for all taxes associated with the Services other than U.S. taxes owed by the Company on its net income. If you dispute any charges by the Company you must let us know within two (2) days after the date that we charge you. If you have registered for the Services via a subscription plan, your subscription plan may be subject to fee adjustments, including automatic fee increases, during your subscription term in accordance with the terms of your subscription plan; and where a fee adjustment applies to you, we will charge you under the new price structure, starting with the next billing period in the subscription term, or otherwise in accordance with the terms of your subscription plan.
We may change prices of any subscription plan at any time in our sole discretion. Your continued use of the Service via your subscription plan after the price change or any fee adjustment becomes effective constitutes your agreement to pay the changed amount charged. You shall be responsible for all taxes associated with the Services under the subscription plan other than U.S. taxes owed by the Company on its net income. If you dispute any charges by the Company in connection with your subscription plan you must let us know within two (2) days after the date that we charge you. The app offers the first 15 seconds of any call for free! If your call lasts less than one minute, the charge is 99 cents. For longer calls, additional fees are incurred depending on the total call duration, including a Stripe fee of .30 cents + 2.9% of each total transaction and tip. We encourage you to visit the Pricing section for a comprehensive breakdown of the costs per minute. To help you estimate the charges for your call, please use the fee estimator located in the app or http://www.viewloapp.com website. Note that taxes and additional fees may be applied to the total cost.
35. REVENUE SHARE FOR BROADCASTERS
To the extent you are eligible under these Terms of Service to receive payment for goods or services through the App, you hereby agree and acknowledge by using the App that you fully accept the share of revenue herein. Furthermore, each time you use the App you are agreeing and acknowledging these terms of the revenue share as follows: The Company shall be entitled to and shall in all cases receive thirty-five percent (35%) of all revenue generated, per broadcast, excluding all taxes and fees (including, but not limited to, state, local, federal, and city taxes, VAT, GST, required withholding taxes, any service charges or processing fees from third party payment processors) (“Taxes and Fees”) (collectively, the “Company Revenue Share”) and only after the Company has received its Company Revenue Share shall you if, and only if, you are a broadcaster be entitled to receive the remaining sixty-five percent (65%) of revenue after Taxes and Fees (“Broadcaster Revenue Share”). Any such Broadcaster
Revenue Share shall be treated as a royalty payment to you. You further acknowledge and agree that the Broadcaster Revenue Share shall only be payable when you have generated and accumulated Broadcaster Revenue Share of a minimum of $1,000 (the “Minimum Broadcaster Amount”) and such amounts shall be paid within sixty (60) business days of you reaching the Minimum Broadcaster Amount. You acknowledge and agree that in order to be paid the Broadcaster Revenue Share you must be in full compliance at all times with our “Due Diligence” requirements below. You also acknowledge and agree that where you are not in full compliance with the Due Diligence requirements and these Terms of Service we shall have the full authority and right, in our sole and absolute discretion, to withhold the Broadcaster Revenue Share. Furthermore, you acknowledge and agree that each time your Broadcaster Revenue Share is paid out, your earnings shall be recalculated and you shall not be eligible for a subsequent Broadcaster Revenue Share until you reach the Minimum Broadcaster Amount.
MONETIZATION AND PAYMENT PROCESSING: You are permitted to monetize your activities on our platform as long as the transactions are supported by our current payment processor, Stripe, or any future payment processor we may use. If our payment processor ceases to support our transactions, reverses payments, or if any disruptions occur in payment processing, you agree to hold us harmless. Under such circumstances, we shall not be liable to pay any monies that may have not been processed or paid out.
36. NO EMPLOYER-EMPLOYEE RELATIONSHIP
There shall be no employer-employee relationship between the Company and you as a user of the App.“Broadcasters”, as contractors and users have no employment relationship with the Company and shall have exclusive control and supervision of their broadcasts and all actions in connection therewith. You, were applicable, as a Broadcaster and/or user shall be solely responsible for all of your acts and/or omissions. Any accident, injury (physical, mental or emotional) or sickness of any kind, or death that may occur to you or anyone, including your agent, during the time and consequent to the performance of your broadcast shall likewise be your sole responsibility. You further bind yourself to hold the Company free and harmless from any claim on account of the aforementioned injury or damage and by each use of the App you expressly agree to follow these Terms of Service, including but not limited to, the INDEMNIFICATION AND USER RESPONSIBILITY AND LIABILITY DISCLAIMER sections of these Terms of Service. MONETIZATION AND PAYMENT PROCESSING: You are permitted to monetize your activities on our platform as long as the transactions are supported by our current payment processor, Stripe, or any future payment processor we may use. If our payment processor ceases to support our transactions, reverses payments, or if any disruptions occur in payment processing, you agree to hold us harmless. Under such circumstances, we shall not be liable to pay any monies that may have not been processed or paid out.
37. BROADCAST CONTENT
You may use your Contribution to promote your business or artistic enterprise. If you choose to share your Contributions, you must not submit to the Services any Contribution that does not comply with this Agreement or the law. For example, the Contribution you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Contribution you submit to the Services. We may use automated systems that analyze your Contribution to help detect infringement and abuse, such as spam, malware, and illegal content. RIGHTS YOU GRANT: You retain ownership rights in your Contribution. However, we do require you to grant certain rights to Viewlo and other users of the Services, as described below.
License to Viewlo and its successors’ and Affiliates’
When you post or share Contributions, you grant us a license (including use of your name, trademarks, and logos). By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. LICENSE TO OTHER USERS: You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your Contribution through the Services, and to use that Contribution, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a
feature of the Services (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Contribution independent of the Services.
DURATION OF LICENSE
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Contribution from the Services. You understand and agree, however, that Viewlo may retain, but not display, distribute, or perform, server copies of your Contributions that have been removed or deleted.
38. REMOVAL OF CONTENT BY VIEWLO
RIGHT TO MONETIZE:
You grant to Viewlo the right to monetize your Contribution on the Services (and such monetization may include displaying ads on or within the Contribution or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from Viewlo under any other agreement between you and Viewlo (including but not limited to the Broadcaster Revenue Share) will be treated as royalties. If required by law, Viewlo will withhold taxes from such payments.
REMOVING YOUR CONTENT:
You may remove your Contribution from the Services at any time. You must remove your Contribution if you no longer have the rights required by these terms.
REMOVAL OF CONTENT BY VIEWLO
If we reasonably believe that any of your Contribution (1) is in breach of this Agreement or (2)
may cause harm to Viewlo, our users, or third parties, we reserve the right to remove or take
down that Contribution in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Viewlo or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Viewlo or our Affiliates.
39. MISCELLANEOUS
CHARGEBACKS: To the extent you have received payment for goods or services through the App (“Payee”) from or on behalf of any user or their authorized person (“Payor”), the amount of a transaction may be charged back or reversed to Payee’s payment account (a “Chargeback”) if the transaction (a) is disputed by the Payor, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. You shall owe the Company and will immediately pay the Company the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, Apple Pay or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies.
Authorization to Charge Payment Methods on File: You, as Payee, authorize us to charge any payment method on file or provided to our third party payment processor Stripe or such similar payment processor for you in the amount of any Chargeback; any other amount you owe us; any Losses we may incur relating to your transactions, your use of the Services, or your business; any obligations you owe us, including under these Terms of Service or any other agreement we have with you; or to fund the Reserve or . To execute such charges, you expressly authorize the following: to (a) initiate individual or reoccurring debit entries to any bank account the payment processor has on file for you (e.g., ACH debits) and (b) charge any credit or debit card account the payment processor has on file for you. If any debit entry or charge is rejected, you agree to immediately pay the amount due directly to us and authorize us to initiate with the payment processor other debit entries and charges at any time and from time to time in any amount up to the amount due until the amount due is paid in full. We are not responsible for any amount you may incur from our charges, including overdraft and overlimit fees. Payment methods the payment processor has on file for you include payment methods you identify to them. For purposes of this and the next section, “Losses” include Chargebacks, refunds, returns, shortfalls, adjustments, settlements, losses, liabilities, damages, fines, penalties, fees, taxes, costs and expenses.
Reserve: We may withhold funds from payments (including payment processor payouts) to you, as Payee, and/or designate an amount of funds that you must maintain in a reserve account held by us including the “TEMPORARY FEE HOLD CLAUSE” below (“Reserve”) to pay any actual or potential Losses we believe we may incur related to your transactions, your use of the Services, your business, or to secure the performance of your obligations under any agreement between you and us, including these Terms of Service. The Reserve will be in an amount determined by us in our sole discretion to cover actual or potential Losses we may incur and current, past and future obligations you may owe us. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any payment method we have on file for you. You grant us a security interest in and lien on any and all funds held in the Reserve, and also authorize us to make any withdrawals or debits from the Reserve, and charge any payment method we have on file for you, to cover any Losses, obligations and amounts you owe us. You will execute any documents required by us to perfect our security interest in any funds in the Reserve or requested by us in connection with the Reserve. Please also review the “TEMPORARY FEE HOLD CLAUSE” for additional information.
Setoff: In the event that there is an outstanding amount you owe us, we may set off such amount from any payments that would otherwise be made to you.
Power of Attorney: You appoint us and our designees your true and lawful attorney in fact, with full power to take any action in your name and place relating to any amounts you owe us underany agreement you have with us, including these Terms of Service, that we deem advisable and consistent with the terms of such agreement. You will timely execute and deliver to us any power of attorney instrument we may require evidencing our authority and power under this section.
Due Diligence: Where applicable and required by law or regulation, you agree to provide us with any beneficial owner information, identification information (including but not limited to passport, driver’s license, national identification, Taxpayer Identification Number, Employer Identification Number or such similar items), bank and credit card account information, and any other financial or business information we may reasonably request for our due diligence purposes or as required by our payment processor or financial service partners on you within two (2) business days of our request. Failure to timely provide this information is a breach of these Terms of Service and may result in establishing a Reserve and/or raising the amount of the Reserve and/or termination of your use of the Service.
Special Notice for International Use; Export Controls: the App available in connection with the Service and the transmission of applicable data, is subject to United States export controls. The App may not be exported or re-exported in violation of U.S. export laws. Downloading or using the App is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
40. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Viewlo Technologies Inc
P.O. BOX #70783, Washington, DC 20024, USA
Washington, DC 20024
United States
Phone: (+1)877-884-3956
help@viewloapp.com