Terms

VCC Terms of Service

Last modified: February 6, 2019

Thanks for using our products and services (“Services”). The Services are provided by The Video

Call Center, LLC (VCC), located at 348 US 9W, Palisades, NY 10964, United States.

By using our Services, you are agreeing to these terms from VCC. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You agree that you will not attempt to transfer, disclose, redistribute, sub-license, copy, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from any of the services.

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display content that is not VCC’s (for example, program names, video streams, or logos). This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your VCC Account

You may need a VCC Account in order to use some of our Services. You may create your own VCC Account, or your VCC Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a VCC Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

You can only use our service if you are over 13 years of age, or have provided VCC with written permission from you parent or guardian to use our service. By accepting these terms you certify that you are over 13 years of age or have previously provided VCC with parental consent.

To protect your VCC Account, keep your password confidential. You are responsible for the activity that happens on or through your VCC Account. Try not to reuse your VCC Account password on third-party applications. If you learn of any unauthorized use of your password or VCC Account, please contact privacy@thevcc.tv

Separately from these terms, you recognize that your call is also governed by separate rules of the internet video phone service and application providers and other carriers that you are using.

Privacy and Copyright Protection

VCC’s privacy policies  explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that VCC can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us at privacy@thevcc.tv

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give VCC (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make

so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, caller snapshots). Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems may analyze your content to provide you personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored.

If you have a VCC Account, we may display your Profile name, Profile photo, and actions you take on VCC or on third-party applications connected to your VCC Account in our Services, including displaying in ads and other commercial contexts.

You can find more information about how VCC uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Live Content

By using the Service you grant VCC a right and license to host, cache, route, transmit, store, copy, modify (to the limited extent technically necessary to perform and operate the Service), stream, publicly perform, communicate to the public, display, reformat, excerpt, analyze, create algorithms based on, and otherwise exploit, use and make available the Live Content (which includes content provided by you or by any other participant on the program, including the audio/video recordings and compositions embodied therein, if any) worldwide. You agree that this license includes a right for VCC to make such Live Content available to other companies, organizations or individuals with whom VCC has relationships for the provision of syndicated services, and to use such Live Content in connection with the provision of those services. You confirm and warrant to VCC that you have all the rights, power and authority necessary to grant this license.

You are responsible for procuring: (i) all necessary rights, licenses, consents and clearances, including without limitation any payments to recording artists, music publishers, writers, actors, producers, record labels and all other royalty participants arising from VCC’s use and exploitation of the Live Content, and (ii) public performance, synchronization, communication to the public, and making available licenses whether controlled by a local collecting society or otherwise, worldwide. You also acknowledge that you are participating in a program designed for General Audiences of all ages and will comport yourself in a manner and use language appropriate for such audiences, this includes but is not limited to, refraining from inappropriate language, nudity, sexual or vulgar actions.

You agree to comply with all applicable laws, rules and regulations regarding live streaming of the Live Content (including content provided by you or by any other participant in the program) worldwide.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VCC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, VCC, AND VCC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VCC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, VCC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify VCC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. VCC may also stop providing Services to you, or add or create new limits to our Services at any time.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between VCC and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of New York, U.S.A, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York, New York USA, and you and VCC consent to personal jurisdiction in those courts.

For information about how to contact VCC, please visit our contact page.