Vichatter.com web-site use agreement
1. Basic terms and definitions
1.1. the Web-site The whole of: Web-pages on the Internet associated by one theme, design and interconnect address space of vichatter.com domain, And interfaces, located at these Web-pages, using which the Users (as defined below) at their own wish can start Video-broadcasts (as defined below), watch Video-broadcasts initiated by other Users, exchange Credits (as defined below) and exchange Private Messages (as defined below).
1.2. the Starting page Web-page on the Internet at http://vichatter.com by means of which one can access other web-pages of the Web-site;
1.3. the Owner of the Web-site Vichatter Ltd. legal entity, registered and acting in accordance with the legislation of the Seychelles.
1.4. the Web-site Administration Persons, authorized by the Owner of the Web-site to manage the Web-site and perform other actions aimed at the Web-site functioning support. The Web-site Administration acts on behalf of the Owner of the Web-site, unless otherwise specified separately.
1.5. the User Any person except for the Owner of the Web-site and the Web-site Administration accessing the Web-site via the Starting page.
1.6. Video-broadcast A one-time broadcast session initiated by the User for a limited number of other Users: Of audiovisual content, stored on the personal computer of the User, and (or) audiovisual content created/recorded by the User live with the help of various technical means connected to the PC of the User (s.a. camera, microphone, etc.). and (or) any other audiovisual content, which transfer and broadcast on the Internet were initiated by the User.
1.7. User profile (Account) Account on the Web-site, containing personal information the User submits to the Web-site, including data specified at registering.
1.8. Personal page of the User Part of the Web-site available to the User after registration, where he can: post and share solely pictures and text information manage his Account, perform other actions concerning the use of the Web-site
1.9. Private Messages Electronic messages transferred by one User to another and not available to third parties, which are sent and received via the Personal page of the User.
1.10. Credits Conditional payment instrument of the Web-site Users, being at disposal of the Web-site, which is not an unconditional financial obligation of the Web-site Administration and which cannot be accepted as means of payment by any other individuals or legal entities. Credits can act as electronic goods, but are not electronic money.
1.11. Notices of Violations Electronic messages transferred by one User of the Web-site Administration and not available to third parties, which are sent and received via the Personal page of the User and meant for notification of the Web-site Administration of forbidden actions, which are specified in Section V of the present Agreement, performed by other Users. The Owner of the Web-site, the Web-site Administration and the Web-site User hereinafter collectively referred to as the «Parties», and individually as the «Party», have conformed the following Web-site Use Agreement (hereinafter referred to as the Agreement).
II. Main principles of the web-site operation
2.1. Confidentiality of the Account.
2.2. Non-interference on the part of the Web-site Administration in personal communication of the users (by means of Video-broadcasts and Private Messages).
2.3. The Web-site Administration and the Owners of the Web-site do not record and save on the Web-site or at any other storage associated with the Web-site: Video-broadcasts, any other video information, video files.
2.4. The Web-Site Administration and the Owners of the Web-site are not responsible for video image quality and informational content of Users' Video-broadcasts.
2.5. Automatic acceptance by the User of all provisions of the present Agreement from the moment of his first visit to any of the Web-pages being a part of the Web-site.
2.6. User's awareness of personal responsibility for any consequences caused by his activity in regard to the use of the Web-site, including (including, but not limited to) actions of Video-broadcasting and watching of Video-broadcasts initiated by other Users.
III. General provisions
3.1. The present Agreement regulates relations between the Owner of the Web-site represented by the Administration of the Website and the Users of the Web-site occurring due to the use of the Web-site.
3.2. In case single questions are not settled by this Agreement or by another Agreement of the Parties, the relations of the Parties are subject to the legislation of the Seychelles.
3.3. Provisions of the present Agreements are determined, changed and cancelled by the Owner of the Web-site unilaterally without previous notice. From the moment a new revision of the Agreement is posted on the Web-site, the previous one is considered invalid. In case of major change in the Agreement provisions, the Administration notifies the users thereof posting a corresponding message on the Web-site.
3.4. Rights and obligations of the Parties arising out of the invalid Agreement revision are subject to the provisions of the effective (the latest) revision of the Agreement, unless a contrary indication appears in this Agreement or results from the character of relations between the Parties under the Agreement.
3.5. The effective revision of the Agreement is posted on the Internet at (http://www.vichatter.com/terms.php).
IV. The owner of the web-site
4.1. The Owner of the Web-site is an administrator of domain vichatter.com и holder of exclusive rights for use of the Web-site, including its comprising software and data bases, information materials, graphic images, which are parts of user interface and other protectable subject matters composing the Web-site, and for the Web-site design.
4.2. The Owner of the Web-site is an information intermediary and by means of the Internet renders services associated with transfer, storage and access to the display of information, video and audio materials, graphic images and other materials offered by the Users. Any information provided by the Users and sent via the Web-site is transferred without changes, corrections and independent control on the part of the Owner and Administration of the Web-site.
V. The web-site user
5.1. Rights and obligations of the Web-site User start from the moment of his first visit to any of the Web-pages being a part of the Web-site.
5.2. Execution of User's rights in full measure is possible only after his registration on the Web-site. In order to register the User submits his username (E-mail address) and password. As the registration is confirmed and the account is activated, the User becomes the Registered User.
5.3. Registered Users have free access to all Web-site services apart from those rendered on a paid basis in terms of a separate Agreement.
5.4. Unless otherwise proved, a person, who logged in to the Web-site (by submitting the username (E-mail address) and password, following the link received via E-mail, as a result of automatic authorization with the use of cookies, etc.), is considered a rightful account owner, access to use and management of which was received due to such authorization.
VI. Forbidden actions
6.1. Collect personal data of other Users for the purpose of their further processing, i.e. actions (operations) with personal data including their collection, systematization, saving, storage, specification (updating, modification), use, distribution (including transfer), depersonalization, blocking and destruction;
6.2. Use any automatic or automated tools for collection of information posted on the Web-site;
6.3. Conduct propaganda or agitation, fomenting social, racial, national or religious hatred and enmity, propagate war, social, racial, national, religious and language superiority;
6.4. Use the Web-site and confirm your acceptance of the Agreement provisions, if (a) you have not reached the age when you can enter into a legal Agreement with the Web-site or (b) you are a person who is legally forbidden to access or use the Web-site according to the legislation of your country of residence or the country, you are accessing or using the Web-site from.
6.5. Post on the Web-site, send via private messages or video-broadcasts restricted information (private information), if the User is not the owner of this information, i.e. the person who created this information himself or received under the law or the Agreement the right to grant or restrict access to it, or is the owner of this information but by virtue of the law or the Agreement in terms of which he was given such information doesn't have enough rights to disclose it in this manner;
6.6. Post or broadcast on the Web-site copies of results of intellectual activity protected by law or their parts without having corresponding exclusive or non-exclusive rights for such use;
6.7. Post on the Web-site on open access, or send via private messages text messages, video-broadcasts, graphic and video images or other materials which content is offensive for other Users or other persons, or which can be considered as such, as well as messages, images or other materials discrediting the Users or other persons and containing threats, calls for violence, unlawful acts, antisocial and immoral actions, as well as any other actions which contravene public policy;
6.8. Post on the Web-site messages, graphic images, video content or other materials, start video-broadcasts, which impair or can discredit honour, dignity or business reputation of a citizen or organization;
6.9. Post on the Web-site messages containing strong language;
6.10. Post on the Web-site pornographic materials or hypertext links for the Internet sites containing such materials;
6.11. Vulgarly and naturally demonstrate in the Video-broadcast nude male and female genitals sexual intercourse, sexual perversions or other images of pornographic character;
6.12. Conduct Video-broadcasts which content is illegal in the country of domicile of the User;
6.13. Post on the Web-site personal data, including contact information, of other Users or other persons without their prior consent
6.14. Post on the Web-site images and start video-broadcasts of other persons without their prior consent apart from the cases provided by the law;
6.15. Submit at registering or enter afterwards deliberately false or fictitious personal information, including borrowed or fictitious name and last name;
6.16. Post on the Web-site as your own picture the images of other people or fictitious characters, pictures of animals, objects, abstract images as well as any other graphic images which are not those of the person posting these images;
6.17. Register an Account of group of people or organization;
6.18. Register more than on Account for one and the same person;
6.19. Post on the Web-site on open access without prior consent of the Administration of the Web-site, start Video-broadcasts, send via personal messages without prior consent of the User text messages, graphic images or other materials containing advertising materials;
6.20. Perform actions meant to disrupt the Web-site's operation, make attempts of unauthorized access to Web-site administration or its restricted sections (sections that can be accessed only by the Administration of the Web-site), as well as perform any other actions that can be regarded as a network attack;
6.21. Use the web-site for some commercial purposes without prior consent of the Administration of the Web-site or the Owner of the Web-site;
6.22. Sale or transfer of the Account to another User.
VII. Rights and liabilities of the web-site user
7.1. The User has a right to post on the Web-site information about himself, his pictures, estimate and comment on other Users and their actions, initiate Video-broadcasts, watch Video-broadcasts initiated by other Users, and use other services of the Web-site.
7.2. The User has a right to ask the Web-site Administration to exchange his Credits for money means. In case of consent of the Web-site Administration it pays for required services or purchases goods according to the provisions of separate Agent Agreement acting upon charge and on behalf of the User;
7.3. The User obliges to refrain from forbidden actions specified in section V of the present Agreement.
7.4. The user obliges to inform the Web-site Administration when other Users perform forbidden actions specified in section V of the present Agreement via Notices of Violations.
VIII. Rights and liabilities of the web-site administration
8.1. The Web-site Administration exercises day-to-day control of the Web-site, determines the range of Web-site services, its structure and configuration, grants and restricts access to the Web-site, exercises other rights.
8.2. The Web-site Administration resolves issues concerning commercial use of the Web-site, including those of advertising on the Web-site, participation in partner programs, etc.
8.3. The Web-site Administration can, but is not obliged to exchange Credits for money means, payment of services, and purchase of goods for benefit of the User.
8.4. In case of violation by the User of provisions and rules under this Agreement, the Web-site Administration can temporarily suspend or block User's access to the Web-site or certain services for an indefinite term and in case of recurring or gross violation of the provisions under the present Agreement the Administration can delete the Account.
8.5. The Web-site Administration can, but is not obliged to moderate messages, pictures, text information posted on the Web-site by the User.
8.6. The Web-site Administration can, but is not obliged to moderate Video-broadcasts.
8.7. The Web-site Administration does not resolve and settle disputes and conflict situations arising between the Users, but reserves the right to block access of the User in case of receipt of multiple Notices of Violations from other Users.
IX. Use of cookies
9.1. vichatter.com web-site uses identification technology based on the use of cookie files.
9.2. At accessing the Web-site the User's computer, used for the said access, may receive cookie files which will be subsequently used for automatic authorization on the Web-site and for collection of statistic data, including those concerning vichatter.com visit frequency.
9.3. If the User thinks that for one reason or another the use of cookies is unacceptable for him, he has a right to disable cookies for the computer used for the Web-site access by setting up the browser. In this case one should remember that although convenience of Web-site use will not generally change, certain services using this technology may become unavailable.
X. Guarantees and liabilities of the parties
10.1. The User guarantees that information, copies of results of intellectual activity protected by the law and their parts, as well as other materials posted on the Web-site or sent by means of Video-broadcasts or text messages do not break laws, rights and legitimate interests of anyone.
10.2. The User guarantees that he will take all appropriate measures to provide confidentiality of his account information, used for authorization on the Web-site and prevent the authorization of other persons using his account.
10.3. The User understands and agrees that he bears exclusive responsibility for the content of his Video-broadcast and its consequences. The Web-site Administration does not support any of Video-broadcasts or opinions, recommendations or advice expressed therein and is not responsible for the content of such Video-broadcast.
10.4. The Owner of the Web-site guarantees that he does not record and (or) save Video-broadcasts, any other video information and video files on the Web-site or at any other storages associated with the Web-site.
10.5. The Owner of the Web-site guarantees that the Web-site Administration will not send messages, containing advertising materials to the Users without their prior consent.
10.6. The Owner of the Web-site guarantees that E-mail address submitted by the User at registering will be used only for communication between The Web-site Administration and the User, for sending messages and notifications the User subscribed to, and will not be handed to third parties without prior consent of the User.
10.7. The Owner of the Web-site represented by the Web-site Administration undertakes to apply all reasonable efforts to maintain the Web-site in workable condition, but does not guarantee constant and undisturbed operation of the Web-site and bears no responsibility as for provision of its continuous functioning.
10.8. Violation of provisions under the present Agreement may cause the Web-site Administration to temporarily suspend or block the User's access to the Web-site or certain services for an indefinite term. The User's access to the Web-site (or certain services) is restored at the discretion of the Web-site Administration upon a written application of the User.
10.9. In case of recurring or gross violation of the provisions under the present Agreement the User's account may be deleted.
10.10. Apart from the cases explicitly provided by the law, the Owner of the Web-site is not responsible for the losses of the User resulting from technical malfunctions of hard- and software, and for the losses resulting from User's actions which clearly do not conform to common regulations of operation with information on the Internet or with hard-and software.