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Terms & Conditions of ZamTalk Messenger


END-USER LICENSE AGREEMENT FOR ZamTalk SERVICES

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereafter referred to as "You") and the mentioned author (ZamTalk Communication) of the website hosted on www.ZamTalk.com, its subdomains and all software downloaded from this mentioned site and its subdomains including but not limited to ZamTalk Messenger (the "SOFTWARE), which include computer software, access to ZamTalk online services, and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").By accessing, installing, copying, or otherwise using the SOFTWARE or any portion thereof, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not access, install or use the SOFTWARE or any portion of the SOFTWARE.

SOFTWARE PRODUCT LICENSE/MODIFICATION OF THE EULA

All versions of the SOFTWARE are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The sole property belongs to ZamTalk Communication. The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of ZamTalk Communication.

Parties interested in licensing the SOFTWARE for other than personal use should contact ZamTalk Communication

ZamTalk Communication, reserves the right to modify the terms of this EULA, including, but not limited to, adding fees and charges for use of all or any portion of the SOFTWARE. Any changes, additions, or deletions shall be effective immediately upon notice to you, which may be given by any means, including, but not limited to: (a) online posting through popup messages on ZamTalk, or (b) online posting at www.ZamTalk.com, or (c) sending by electronic or conventional mail to any address here provided by you to ZamTalk Communication.

Your use of ZamTalk after such notice has been given to you shall be deemed to constitute acceptance of such changes, additions, or deletions.

REFUNDS AND REBATES

Please note that ZamTalk Communication will not refund or rebate any portion of any purchase price or fees paid to ZamTalk Communication in connection with the use of the SOFTWARE or any associated products or services, except as required by the laws of the United States of America or the state of Florida, regardless of whether or not you chose to use the SOFTWARE, associated products, or services, or you are prevented from doing so because of a violation of this EULA.

EQUIPMENT USED WITH ZamTalk

You agree that You shall be responsible for obtaining and maintaining all telephone, computer hardware, or other equipment needed for access to ZamTalk and all charges related thereto. You agree that ZamTalk Communication will not be responsible for any damages to such equipment arising from the use of the SOFTWARE or any portion of the SOFTWARE. SOFTWARE LICENSE

All versions of the SOFTWARE are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The sole property belongs to ZamTalk Communication. The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of ZamTalk Communication Parties interested in licensing the SOFTWARE for other than personal use should contact ZamTalk Communication at [email protected].

GRANT OF LICENSE

This EULA grants you the following rights:

Installation and Use:

You may install and use an unlimited number of copies of the SOFTWARE.

Reproduction and Distribution:

You may reproduce and distribute an unlimited number of copies of ZamTalk Communicator but not any other part of the SOFTWARE including but not limited to the ZamTalk.com website contents and materials; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.

Copies of ZamTalk Communicator may be distributed as a standalone product or included with your own product as long as these copies are not sold or included in a product or package that intends to receive benefits through the inclusion of this part of the SOFTWARE.

ZamTalk Communicator may be included in any free or non-profit packages or products.

SOFTWARE TRANSFER

You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring the SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

REPLACEMENT, MODIFICATION & UPGRADE OF SOFTWARE

ZamTalk Communication reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by ZamTalk Communication shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that ZamTalk Communication offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superseding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.

COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by the Author of this Software: ZamTalk Communication. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.

DISCLAIMER OF WARRANTIES

The Author of this Software (ZamTalk Communication) expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation or other products or services of ZamTalk Communication, all of which are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE, SOFTWARE INFORMATION and other products or services of ZamTalk remains with you.

YOU EXPRESSLY AGREE THAT USE OF ZamTalk Communicator IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF ZamTalk Communicator IS GIVEN OR ASSUMED BY ZamTalk Communication. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. ZamTalk Communication MAKES NO WARRANTY THAT ZamTalk Communicator WILL MEET YOUR REQUIREMENTS, OR THAT ZamTalk Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

NO LIABILITY FOR DAMAGES

In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software (ZamTalk Communication) is aware of the possibility of such damages and known defects.

PROHIBITED ACTIONS

You agree that you will not:

1- harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another ZamTalk participant; 2- transmit via ZamTalk any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression("Information") that are offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; 3- transmit via ZamTalk any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; 4- disrupt the normal flow of Information on or through ZamTalk or otherwise act in a manner that negatively affects other participants; 5- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; 6- intentionally or unintentionally violate any applicable local, state, national or international law; 7- translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the SOFTWARE or SOFTWARE INFORMATION or any part thereof in any manner other than as authorized by this EULA or by a separate written agreement between You and ZamTalk (ZamTalk Communication). 8- Impersonate any person, leader, ZamTalk official, administrator, helper or host.

CERTAIN RISKS

You acknowledge that there are certain risks inherent to the use of ZamTalk. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of ZamTalk (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of ZamTalk Communication's provision of and/or your use of ZamTalk.

IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER THE RISK BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.

You should also note that the file transfer, the private calls and the webcam conferences you establish on or through ZamTalk will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful, or distressing purposes.

Without limitations to the generality of the aforesaid and foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, ZamTalk Communicator as, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the ZamTalk Communicator and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through ZamTalk Communicator may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. ZamTalk Communicator is not different than other applications in this respect.

INFORMATION

You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information received on or through ZamTalk Communicator. ZamTalk Communication shall not be obligated to actively monitor the Information users deliver or send on or through ZamTalk Communicator and shall not be responsible for any Information received on or through ZamTalk Communicator.

THE INFORMATION ON ZamTalk COMMUNICATOR MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING ZamTalk COMMUNICATOR YOU UNDERTAKE FULL RESPONSIBILITY FOR:

(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS

(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU

(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER ZamTalk COMMUNICATOR.

ZamTalk Communication DOES NOT WARRANT OR GUARANTEE:

1- that any Information received on or through ZamTalk Communicator will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;

2- that the Information received on or through ZamTalk Communicator will not contain adult-oriented material, or material which some individuals may deem objectionable;

3- that the functions or services performed by ZamTalk Communication will be uninterrupted or error-free or that defects in ZamTalk Communicator will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.

ZamTalk Communication MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH ZamTalk COMMUNICATOR FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH ZamTalk COMMUNICATOR IS NOT REVIEWED, CONTROLLED OR EXAMINED BY ZamTalk Communication S.R.l IN ANY WAY BEFORE IT APPEARS ON ZamTalk COMMUNICATOR. ZamTalk Communication DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).

IN NO EVENT SHALL ZamTalk Communication BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF ZamTalk COMMUNICATOR EVEN IF ZamTalk Communication SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

In no event shall ZamTalk Communication be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.