Terms of Service
Last
updated: July 2019
General
Terms
1.Your
Relationship With Us
Welcome
to LiveTalk (the ÒPlatformÓ), which is provided by VIDEOKAR
(collectively such entities will be referred to as ÒLiveTalkÓ,
ÒweÓ or ÒusÓ).
You
are reading the terms of service (the ÒTermsÓ), which govern the relationship
and serve as an agreement between you and us and set forth the terms and
conditions by which you may access and use the Platform and our related
websites, services, applications, products and content (collectively, the
ÒServicesÓ). Access to certain Services or features of the Services (such as,
by way of example and not limitation, the ability to submit or share User
Content (defined below)) may be subject to age restrictions and not available
to all users of the Services. Our Services are provided for private,
non-commercial use. For purposes of these Terms, ÒyouÓ and ÒyourÓ means you as
the user of the Services.
The
Terms form a legally binding agreement between you and us. Please take the time
to read them carefully. If you are under age 18, you may only use the Services
with the consent of your parent or legal guardian. Please be sure your parent
or legal guardian has reviewed and discussed these Terms with you.
2.
Accepting the Terms
By
accessing or using our Services, you confirm that you can form a binding
contract with LiveTalk, that you accept these Terms and that you agree to comply
with them. Your access to and use of our Services is also subject to our Privacy Policy,
the terms of which can be found directly on the Platform, or where the Platform
is made available for download, on your mobile deviceÕs applicable app store,
and are incorporated herein by reference. By using the Services, you consent to
the terms of the Privacy Policy.
If
you are accessing or using the Services on behalf of a business or entity, then
(a) ÒyouÓ and ÒyourÓ includes you and that business or entity, (b) you
represent and warrant that you are an authorized representative of the business
or entity with the authority to bind the entity to these Terms, and that you
agree to these Terms on the entityÕs behalf, and (c) your business or entity is
legally and financially responsible for your access or use of the Services as
well as for the access or use of your account by others affiliated with your
entity, including any employees, agents or contractors.
You
can accept the Terms by accessing or using our Services. You understand and
agree that we will treat your access or use of the Services as acceptance of
the Terms from that point onwards.
You
should print off or save a local copy of the Terms for your records.
3.
Changes to the Terms
We
amend these Terms from time to time, for instance when we update the
functionality of our Services, when we combine multiple apps or services
operated by us or our affiliates into a single combined
service or app, or when there are regulatory changes. We will use
commercially reasonable efforts to generally notify all users of any material
changes to these Terms, such as through a notice on our Platform,
however, you should look at the Terms regularly to check for such changes. We
will also update the ÒLast UpdatedÓ date at the top of these Terms, which
reflect the effective date of such Terms. Your continued access or use of the
Services after the date of the new Terms constitutes your acceptance of the new
Terms. If you do not agree to the new Terms, you must stop accessing or using
the Services.
4. Your
Account with Us
To
access or use some of our Services, you must create an account with us. When
you create this account, you must provide accurate and up-to-date information.
It is important that you maintain and promptly update your details and any
other information you provide to us, to keep such information current and
complete.
You
agree that you are solely responsible (to us and to others) for the activity
that occurs under your account.
We
reserve the right to disable your user account at any time, including if you
have failed to comply with any of the provisions of these Terms, or if
activities occur on your account which, in our sole discretion, would or might
cause damage to or impair the Services or infringe or violate any third party
rights, or violate any applicable laws or regulations.
5. Your
Access to and Use of Our Services
Your
access to and use of the Services is subject to these Terms and all applicable
laws and regulations. You may not:
We
reserve the right, at any time and without prior notice, to remove or disable
access to content at our discretion for any reason or no reason. Some of the
reasons we may remove or disable access to content may include finding the
content objectionable, in violation of these Terms or otherwise harmful to the
Services or our users.
6.
Content
LiveTalk
Content
As
between you and LiveTalk, all content, software,
images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music on and Òlook and feelÓ of
the Services, and all intellectual property rights related thereto (the ÒLiveTalk ContentÓ), are either owned or licensed by LiveTalk, it being understood that you or your licensors
will own any User Content (as defined below) you upload or transmit through the
Services. Use of the LiveTalk Content or materials on
the Services for any purpose not expressly permitted by these Terms is strictly
prohibited. Such content may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed or otherwise
exploited for any purpose whatsoever without our or, where applicable, our
licensorsÕ prior written consent. We and our licensors
reserve all rights not expressly granted in and to their content.
You
acknowledge and agree that we may generate revenues, increase goodwill or otherwise
increase our value from your use of the Services, including, by way of example
and not limitation, through the sale of advertising, sponsorships, promotions,
and except as specifically permitted by us in these Terms or in another
agreement you enter into with us, you will have no right to share in any such
revenue, goodwill or value whatsoever. You further acknowledge that, except as
specifically permitted by us in these Terms or in another agreement you enter
into with us, you (i) have no right to receive any
income or other consideration from any User Content (defined below) or your use
of any musical works, sound recordings or audiovisual clips made available to
you on or through the Services, including in any User Content created by you,
and (ii) are prohibited from exercising any rights to monetize or obtain
consideration from any User Content within the Services or on any third party
service ( e.g. , you cannot claim User Content that has been uploaded to a
social media platform such as YouTube for monetization).
Subject
to the terms and conditions of the Terms, you are hereby granted a
non-exclusive, limited, non-transferable, non-sublicensable,
revocable, worldwide license to access and use the Services, including to
download the Platform on a permitted device, and to access the LiveTalk Content solely for your personal, non-commercial
use through your use of the Services and solely in compliance with these Terms.
LiveTalk reserves all rights not expressly granted
herein in the Services and the LiveTalk Content. You
acknowledge and agree that LiveTalk may terminate
this license at any time for any reason or no reason.
You
acknowledge and agree that when you view content provided by others on the
Services, you are doing so at your own risk. The content on our Services is
provided for general information only. It is not intended to amount to advice
on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of the content on our
Services.
We
make no representations, warranties or guarantees, whether express or implied,
that any LiveTalk Content (including User Content) is
accurate, complete or up to date. Where our Services contain links to other
sites and resources provided by third parties, these links are provided for
your information only. We have no control over the contents of those sites or
resources. Such links should not be interpreted as approval by us of those
linked websites or information you may obtain from them. You acknowledge that
we have no obligation to pre-screen, monitor, review, or edit any content
posted by you and other users on the Services (including User Content).
User Generated Content
Users
of the Services may be permitted to upload, post or transmit (such as via a
video call) or otherwise make available content through the Services including,
without limitation, any text, photographs, user videos, sound recordings and
the musical works embodied therein, including videos that incorporate locally
stored sound recordings from your personal music library and ambient noise
(ÒUser ContentÓ). Users of the Services may also extract all or any portion of
User Content created by another user to produce additional User Content,
including collaborative User Content with other users, that
combine and intersperse User Content generated by more than one user. Users of
the Services may also overlay music, graphics, stickers, and other elements
provided by LiveTalk onto this User Content and
transmit this User Content through the Services. The information and materials
in the User Content, have not been verified or
approved by us. The views expressed by other users on the Services do not
represent our views or values.
The
Services may use your Public IP address to find your area code or country code.
This may be used to categorize users better. If you login by Phone number,
the Services may use your phone number to show your Contacts that you have
installed this service.
Whenever
you access or use a feature that allows you to upload or transmit User Content
through the Services (including via certain third party social media platforms
such as Instagram, Facebook, YouTube, Twitter), or to
make contact with other users of the Services, you must comply with the
standards set out at ÒYour Access to and Use of Our ServicesÓ above. You may
also choose to upload or transmit your User Content, on sites or platforms
hosted by third parties. If you decide to do this, you must comply with their
content guidelines as well as with the standards set out at ÒYour Access to and
Use of Our ServicesÓ above. As noted above, these features may not be available
to all users of the Services, and we have no liability to you for limiting your
right to certain features of the Services.
You
warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
Any
User Content will be considered non-confidential and non-proprietary. You must
not post any User Content on or through the Services or transmit to us any User
Content that you consider to be confidential or proprietary. When you submit
User Content through the Services, you agree and represent that you own that
User Content, or you have received all necessary permissions, clearances from,
or are authorized by, the owner of any part of the content to submit it to the
Services, to transmit it from the Services to other third party platforms,
and/or adopt any third party content.
If
you only own the rights in and to a sound recording, but not to the underlying
musical works embodied in such sound recordings, then you must not post such
sound recordings to the Services unless you have all permissions, clearances
from, or are authorized by, the owner of any part of the content to submit it
to the Services
You
or the owner of your User Content still own the copyright in User Content sent
to us, but by submitting User Content via the Services, you hereby grant us an
unconditional irrevocable, non-exclusive, royalty-free, fully transferable,
perpetual worldwide licence to use, modify, adapt,
reproduce, make derivative works of, publish and/or transmit, and/or distribute
and to authorize other users of the Services and other third-parties to view,
access, use, download, modify, adapt, reproduce, make derivative works of,
publish and/or transmit your User Content in any format and on any platform,
either now known or hereinafter invented.
You
further grant us a royalty-free license to use your user name, image, voice,
and likeness to identify you as the source of any of your User Content;
provided, however, that your ability to provide an image, voice, and likeness
may be subject to limitations due to age restrictions.
Through-To-The-Audience
Rights. All of the rights you grant in your User Content
in these Terms are provided on a through-to-the-audience basis, meaning the
owners or operators of third party services will not have any separate
liability to you or any other third party for User Content posted or used on
such third party service via the Services.
Waiver of Rights to User Content. By
posting User Content to or through the Services, you waive any rights to prior
inspection or approval of any marketing or promotional materials related to
such User Content. You also waive any and all rights of privacy, publicity, or
any other rights of a similar nature in connection with your User Content, or
any portion thereof. To the extent any moral rights are not transferable or
assignable, you hereby waive and agree never to assert any and all moral
rights, or to support, maintain or permit any action based on any moral rights
that you may have in or with respect to any User Content you Post to or through
the Services.
We
also have the right to disclose your identity to any third party who is
claiming that any User Content posted or uploaded by you to our Services
constitutes a violation of their intellectual property rights, or of their
right to privacy.
We,
or authorized third parties, reserve the right to cut, crop, edit or refuse to
publish, your content at our or their sole discretion. We have the right to
remove, disallow, block or delete any posting you make on our Services if, in
our opinion, your post does not comply with the content standards set out at
ÒYour Access to and Use of Our ServicesÓ above. In addition, we have the right
– but not the obligation – in our sole discretion to remove,
disallow, block or delete any User Content (i) that
we consider to violate these Terms, or (ii) in response to complaints from
other users or third parties, with or without notice and without any liability
to you. As a result, we recommend that you save copies of any User Content that
you post to the Services on your personal device(s) in the event that you want
to ensure that you have permanent access to copies of such User Content. We do
not guarantee the accuracy, integrity, appropriateness or quality of any User
Content, and under no circumstances will we be liable in any way for any User
Content.
You
control whether your User Content is made publicly available
on the Services to all other users of the Services or only available to people
you approve. To restrict access to your User Content, you should select
the privacy setting available within the Platform.
We
accept no liability in respect of any content submitted by users and published
by us or by authorized third parties.
If
you wish to complain about information and materials uploaded by other users
please contact us at: livetalk-help@videokar.co.in.
LiveTalk takes reasonable measures to expeditiously
remove from our Services any infringing material that we become aware of. It is
LiveTalkÕs policy, in appropriate circumstances and
at its discretion, to disable or terminate the accounts of users of the
Services who repeatedly infringe copyrights or intellectual property rights of
others.
While
our own staff is continually working to develop and evaluate our own product
ideas and features, we pride ourselves on paying close attention to the
interests, feedback, comments, and suggestions we receive from the user
community. If you choose to contribute by sending us or our employees any ideas
for products, services, features, modifications, enhancements, content,
refinements, technologies, content offerings (such as audio, visual, games, or
other types of content), promotions, strategies, or product/feature names, or
any related documentation, artwork, computer code, diagrams, or other materials
(collectively ÒFeedbackÓ), then regardless of what your accompanying
communication may say, the following terms will apply, so that future
misunderstandings can be avoided. Accordingly, by sending Feedback to us, you
agree that:
LiveTalk has no obligation to review, consider, or
implement your Feedback, or to return to you all or part of any Feedback for
any reason;
Feedback
is provided on a non-confidential basis, and we are not under any obligation to
keep any Feedback you send confidential or to refrain from using or disclosing
it in any way; and
You
irrevocably grant us perpetual and unlimited permission to reproduce,
distribute, create derivative works of, modify, publicly perform (including on
a through-to-the-audience basis), communicate to the public, make available,
publicly display, and otherwise use and exploit the Feedback and derivatives
thereof for any purpose and without restriction, free of charge and without
attribution of any kind, including by making, using, selling, offering for
sale, importing, and promoting commercial products and services that
incorporate or embody Feedback, whether in whole or in part, and whether as provided
or as modified.
7.
Community Guidelines
LiveTalk is a place
for your creativity and expression. ItÕs also a global community of people
looking for a fun, welcoming experience.
The
LiveTalk Community Guidelines, which we update from
time to time, are an important code of conduct for a safe and friendly
environment. Violation of the guidelines may result in your account and/or
content being removed. In addition, users must also follow their local laws. We
reserve the right to monitor and report content to authorities, as permitted by
applicable law.
LiveTalk is simply NOT the place to
post, share, or promote any of the following, including:
Harmful
or dangerous content
When
you use LiveTalk you are joining a global community.
DonÕt post or share content that could harm other users or encourage them to
harm themselves – whether through physical, emotional, financial, or
legal harm.
Graphic
or shocking content
LiveTalk is not the place for graphic, violent,
shocking, or sensational content. If you wouldnÕt show this content to your
parents or children, please donÕt post it here.
Discrimination
or hate speech
LiveTalk is an inclusive community. It is not ok to
attack or incite violence against other users.
Nudity
or sexual activity
Our
community is not the place for sexually explicit content or content intended
for sexual gratification. If it isnÕt something suitable to be done or shown in
public view, donÕt post it.
Child
safety infringement
LiveTalk takes child safety with the utmost seriousness.
If we become aware of content that sexually exploits, targets, or endangers
children, we may with law enforcement or report cases, as appropriate.
Harassment
or cyber bullying
We
work hard to promote a positive environment and an abuse-free experience for
our users. Please keep your interactions civil and treat all users with
respect.
Impersonation,
spam, or other misleading content
Our
community values high-quality, engaging content.
Content or behavior that is spammy, fake, or
misleading will be removed.
Intellectual
property
LiveTalk is a place for creativity and expression that
is unique and original.
Other
malicious activity
In
addition to the content and behavior outlined above, our policies prohibit
activity that undermines the LiveTalk service.
8.
Indemnity
You
agree to defend, indemnify, and hold harmless LiveTalk,
its parents, subsidiaries, and affiliates, and each of their respective
officers, directors, employees, agents and advisors from any and all claims,
liabilities, costs, and expenses, including, but not limited to, attorneysÕ
fees and expenses, arising out of a breach by you or any user of your account
of these Terms or arising out of a breach of your obligations, representation
and warranties under these Terms.
9.
EXCLUSION OF WARRANTIES
NOTHING
IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY
AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE
SERVICES ARE PROVIDED ÒAS ISÓ AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU
WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
NO
CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO
SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION)
APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN
THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL
OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME
WITHOUT NOTICE
10.
LIMITATION OF LIABILITY
NOTHING
IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS
INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE
NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR
FRAUDULENT MISREPRESENTATION.
SUBJECT
TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY
LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A
RESULT OF:
PLEASE
NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE
NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO
LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR
BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE
LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
ARISING.
YOU
ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR
SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOUÕRE UNSURE WHAT THOSE
CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO
THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY
ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT
LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU
AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM
ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH DISPUTES.
11. Other
Terms
Open
Source. The Platform contains certain open source software. Each item of
open source software is subject to its own applicable license terms, which can
be found at Licenses.
Entire
Agreement. These Terms constitute the whole legal agreement between you and LiveTalk and govern your use of the Services and completely
replace any prior agreements between you and LiveTalk
in relation to the Services.
Links. You
may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it. You must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. You must not establish a link to
our Services in any website that is not owned by you. The website in which you
are linking must comply in all respects with the content standards set out at
ÒYour Access to and Use of Our ServicesÓ above. We reserve the right to
withdraw linking permission without notice.
No
Waiver. Our failure to insist upon or enforce any provision of these
Terms shall not be construed as a waiver of any provision or right.
Security. We
do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs
and platform to access our Services. You should use your own virus protection
software.
Severability. If
any court of law, having jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms, and the remaining provisions
of the Terms will continue to be valid and enforceable.
Contact
Us.
You
can reach us at livetalk-help@videokar.co.in