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TERMS OF USE


The following are the Terms of Use (the "Agreement") governing the use of the video conference rooms supplied by Pc Video Conference (the "Services") (located at www.PcVideoConference.com) by subscribers ("Users") as offered by Pc Video Conference.

1. AGREEMENT

Please read this Agreement carefully before registering to become a User of the Services. By choosing to register, you agree to be bound by this Agreement, and indicate such agreement accepting the Terms of Service (Use) at time of account creation. If you do not agree to this Agreement do not create an account, and do not access the Services. You agree that your use of the Service will be subject to the most current version of this Agreement at the time of such use.

2. ELIGIBILITY 

1. Only individuals who are at least eighteen (18) years of age are eligible to use the Services and thereby become Users. By becoming a User of the Services you warrant and represent that you are at least eighteen (18) years of age. Minors, age 14 and older, may only use the Services under the direct supervision of a parent or legal guardian who is a User.

2. No part of the Service is designed or directed to children. To register for the Service you must be at least eighteen (18) years of age. Therefore, Pc Video Conference does not knowingly collect personally identifiable information from any minor and thus is not subject to the Children's Online Privacy Protection Act.

3. The Services, software, and related technology may not be downloaded or otherwise exported or re-exported

  • Into countries to which the Australia / U.S. has embargoed goods;

  • OR

  • To anyone on the Australian / U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

By installing or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you agree to comply with any other applicable Australian/ U.S. export control laws and any local laws in your jurisdiction that may impact your right to import, export, or use the Software.

3. EXCLUSIVE TO THE SERVICE 

This Agreement applies only to the Services specified in this Agreement. Pc Video Conference may have other Terms and Conditions regarding the use of other Web sites and products.

4. THIRD PARTY SITES 

1. Some third party Web sites or other such resources may be linked to or embedded in the Service ("Affiliate Sites"). These Affiliate Sites may have their own separate terms of use and privacy policies.

2. Pc Video Conference does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites.

3. Pc Video Conference has no control over Affiliate Sites or the content, transactions or services within them. Pc Video Conference cannot and does not guarantee, represent, or warrant that the content contained in the Affiliate Sites, including, without limitation other links, is accurate, legal, and/or inoffensive.

4. Pc Video Conference has no liability for Affiliate Sites failure to perform or any errors in or omissions regarding any information within Affiliate Sites.

5. Pc Video Conference does not represent or warrant that an Affiliate Site will not contain computer viruses or other harmful code that could impact your computer or other web access device.

6. Pc Video Conference disclaims any and all liability for, or in connection with, any transaction or activity related to Affiliate Sites.

5. ACCEPTABLE USE

1. Subject to this Agreement, Pc Video Conference grants you a limited, non-exclusive, non-transferable license to display and view communications, text, audio video, graphics, sounds and other material ("Content") through the Services.

2. You may not use the Service for anything other than its stated lawful purpose. Regardless of the location from where the Service is used or accessed, you agree to comply with all applicable laws, regulations, statutes and ordinances in connection with the use of the Service.

3. By offering the Service, Pc Video Conference does not undertake any obligation to monitor, regulate or otherwise control User provided Content and expressly disclaims all liability and responsibility for such Content.

  • Information disclosed in the public areas of the Service becomes public information, and as such you should exercise caution when deciding to disclose your personal information.

  • By accepting this Agreement, you acknowledge that your use of the Service is at your own risk and that some of the Content in the Service may be inaccurate, objectionable or may violate a third party's rights or applicable law. However, notwithstanding the fact the Pc Video Conference does not necessarily monitor, regulate or otherwise control its Users, you hereby authorize Pc Video Conference to use, remove or modify any content or data submitted by you to the Service for any reason, without notice to you.

4. Examples of prohibited uses include, without limitation:/p>

  • interference with another user's use and enjoyment of the Services or another individual's or entity's use and enjoyment of similar services;

  • violation of any party's proprietary, publicity, privacy, or other right;

  • misuse or disclosure of a party's confidential or proprietary information;

  • downloading, uploading, or otherwise exporting programs or content from the Service in violation of Australian / United States export laws;

  • transmission, storage, or knowing receipt of any obscene or pornographic material including displays of nudity and/or sexual activities or engaging in any misleading, tortuous, defamatory, libellous, or offensive activity;

  • transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;

  • attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;

  • disruption of the Service, Users, and/or connected services through the use of methods such as viruses, Trojan horses, worms, time bombs, cancel bots, denial of service attacks, flooding, or spamming;

  • resell, rent or lease the Services;- without written consent from Pc Video Conference:

  • copy, reproduce, republish, upload, post, transmit, sell, publish,broadcast, create derivative works from, perform, or distribute Content in any way, except as expressly permitted herein;

  • conduct or facilitate surveys, contests, pyramid schemes, chain letters, junk e-mails, spamming or any duplicative or unsolicited messages(commercial or otherwise);

  • advertise or offer to sell or buy any goods or services for any non-personal purpose;

  • advertise, solicit, or promote any services that are in competition with Pc Video Conference Services

  • harvest or otherwise collect information about others without their consent;

  • create a false identity for the purpose of misleading others as to the identity of the user;

  • use, download or otherwise copy, or provide (whether or not for a fee) to any person or entity any directory of the Users or other User or usage information or any portion thereof other than in the context of your use of the Services as permitted under this Agreement.

  • permit or authorize others to use, the Services in connection with the design, development, production, stockpiling or use of any chemical or biological weapons.
6. TERMINATION

1. Users and/or Pc Video Conference may schedule Users account for non-renewal at any time for any reason. Services will terminate at the end of the Users existing subscription time period or immediately upon subscription cancellation by User.  

2. Pc Video Conference may terminate this Agreement at any time for any reason upon notice.  

3. Pc Video Conference reserves the right to terminate for breach of this Agreement without prior notice. No refund or credit, either in part or in whole shall be due, for terminations due to Terms of Use violations.

4. Distribution and Renewal of Subscriptions Upon purchase of a Subscription, you will automatically receive upgrades if and when available. New order/subscriptions will be digitally delivered to the email address corresponding to the same email address provided to the Merchant financial transaction processor.

Subscription Term
Each subscription runs indefinitely until the subscriber / supplier Cancels or a monthly recurring payment transaction fails. Failure to fund /renew your Subscription will result in immediate room account suspension, after 3 days your account is deleted from our database.
5. Cancellations

A User subscriber may cancel his or her Subscription at any time. When a subscription is cancelled, the service is de-activated immediately.

A User subscriber is solely responsible for cancelling his or her Subscription prior to subscription charge / auto-renewal. 

6. Refund:

Should this be warranted, the User subscription will be refunded in the same manner in which you paid for your Service initially. 

Credit card refunds will be credited against the card used. 

NOTE: Absolutely NO refunds will be given for the remaining portion of the billing month after a cancellation or when a User fails to cancel a subscription prior to Subscription charge / auto-renewal.

The User accepts responsibility to access their Merchant Payment facilitator prior to auto-renewal to avoid further Subscription fees or charges.

Further, NO refunds will be given for Subscriptions or Payments that include set-up fees or costs for Dedicated Server Conferencing or Private label costs.

7. Free Trial Period 

PayPal Free Trial Period subscriptions will NOT be charged initially whereas Share-it subscriptions are charged immediately.

PAYPAL User's must cancel there subscription by logging-into there PayPal account prior to Free Trial Period Expiring as NO REFUND will be forthcoming after PayPal charges your account.
As Share-It charges the User's account immediately, we will honor a FULL REFUND provided the User cancels there subscription within the Free Trial Period as specified on the subscription. (Usually maximum 72 hours from Subscription commencement date)

Subscriber's (Users) are solely responsible for cancelling there video conferencing service via the merchant processor within the agreed FREE TRIAL PERIOD as stated.
Should you decide to cancel the service in the future, we recommend you do this before either processor charges your account.

Our Company DOES NOT REFUND USERS who have failed to cancel there subscription PRIOR to the charge date.

All Users choosing PayPal must be PayPal VERIFIED - If you do not have a PayPal Verified account, you must upgrade your PayPal account as no video conference service will be provided unless prior written arrangements are in place.

User's may NOT re-subscribe for a FREE TRIAL PERIOD within 4 Months of any previous FREE TRIAL PERIOD Subscription.

You acknowledge that a new conferencing service may take up to one business day (Mon-Fri) to active your account. Weekends and Public holidays may take 48 hours, however most activations are completed within several hours and certainly within 12 hours upon receipt of purchase notification from the Payment transaction processor.

7. FORCE MAJEURE

Pc Video Conference will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond Pc Video Conference's control, whether or not similar to the foregoing.

DOWN TIME

Pc Video Conference will take commercially reasonable measures to ensure the Service is available without significant interruption, notwithstanding scheduled downtime needed to help maintain effective operation of the Service. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will Pc Video Conference be liable to any party for any loss, cost or damage that results from any period of down time.

8. LIMITATION OF LIABILITY

Your use of the Service and the information thereon is entirely at your risk. Pc Video Conference , its officers, directors, employees, agents, and content providers will not be responsible for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Service, your use thereof, or any of the information,data or other material transmitted through or residing on the Service,  or any errors, defects, interruptions, deletions or losses resulting therefrom, regardless of the type of claim or the nature of the cause of action, even if Pc Video Conference has been advised of the possibility of such damage or loss. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Pc Video Conference from losses or damages you sustain in connection with your use of the Service.

9. DISCLAIMER OF WARRANTIES

You expressly understand and agree that any and all information contained on or obtained from the Service is provided "as is" and on an "as available" basis. Pc Video Conference does not warrant that the Service contains accurate information or will be free from bugs, defects or errors, or accessible without interruption. Pc Video Conference makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, including but not limited to the quality, accuracy, usefulness, timeliness or completeness of any information provided hereon. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. USER INFORMATION AND PRIVACY

1. Pc Video Conference recognizes the importance of protecting the privacy of customer / Users and wishes to provide efficient and relevant information to Users of the Service. In order to serve our customers, Pc Video Conference collects information provided by you when using the Service.

2. By registering for the Service we provide a username, password and video room URL link. You may not disclose or share the username or password with any unauthorized third parties or use your username or password for any unauthorized purpose. If you lose control of either your username or password, you may lose control over your sensitive information on the Service and you agree that Pc Video Conference will not be responsible. If you believe that your username or password has been stolen or otherwise compromised, immediately contact Pc Video Conference Customer Help Support Desk.  

3. Other than information posted by Users, Pc Video Conference may also collect and analyse other User information. This other information includes, but is not limited to the following:  

  • Personally Identifiable Information - By electing to become a registered user of the Service, you may provide personally identifiable information to Pc Video Conference . "Personally identifiable information" is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. Pc Video Conference collects such personally identifiable information in order to provide services to you.

  • Aggregate or Demographic Information - Pc Video Conference may collect and analyse aggregate data assembled from information collected via the Service. Aggregate information is collected in order to better understand the demographics and usage patterns of Pc Video Conference Users, so that Pc Video Conference can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific User.

  • Pc Video Conference may use your information on an aggregated basis to do such things as operate the Service, offer enhanced services, and sell and deliver advertising.

  • It is the policy of Pc Video Conference to respect the privacy of its users. Pc Video Conference reserves the right at all times to monitor, review, and retain any information about you.

  • Pc Video Conference reserves the right to record, reproduce or download your conferences or video images you have provided and to use your audio or video content for quality assurance purposes or for verifying your compliance with this Agreement or all applicable laws. You hereby consent to Pc Video Conference recording, reproduction and use of your conversations or video images for these purposes.

  • Pc Video Conference may use your personally identifiable information when performing certain services for you. For example, Pc Video Conference may use your email address in order to notify you when an update to certain services becomes available. Pc Video Conference may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, Pc Video Conference may disclose personally identifiable information as a necessary component of providing the Service and associated administrative functions.

  • On occasion, Pc Video Conference may provide aggregated or demographic information to third parties. In certain circumstances, Pc Video Conference may share your personally identifiable information with third parties who provide services to Pc Video Conference in order to enhance the functionality available to you on the Service or to provide you with new products and services.

  • Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of Pc Video Conference , or its affiliated entities, you agree that Pc Video Conference can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to Pc Video Conference to those third parties directly involved in the transfer or disposition of such assets.
11. COPYRIGHT

1. Pc Video Conference retains all rights with respect to the Service. All Content included or available on the Service, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology and the selection and arrangement thereof, are the sole and exclusive property of Pc Video Conference , its licensors, or its licensees.  

2. The Content on the Service is the proprietary property of Pc Video Conference , its licensors or its licensees and is protected by Australian - U.S. international copyright and other intellectual property laws. Except as specifically permitted herein, you agree not to duplicate, translate, publish, distribute, modify, extract data from, or otherwise commercially exploit any content. You agree not to frame, or assist third parties in framing or link into any of the web pages contained in the Service. Such framing or linking is strictly prohibited under this Agreement.  

12. TRADEMARKS

1. The Pc Video Conference name, Pc Video Conference logo and all other Pc Video Conference trademarks that appear throughout the Service belong to Pc Video Conference , its affiliates or third party trademark owners, and are protected by Australian / U.S. and international trademark laws.

2. You agree not to display or use in any manner the Pc Video Conference trademarks. Nothing on the Service shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Pc Video Conference , its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Services may be the trademarks of their respective owners.  

13. ACCEPTANCE OF ADVERTISING

1. Certain features of Pc Video Conference Service may be provided without direct charge to all, or a portion of the Pc Video Conference user community at the sole discretion of Pc Video Conference based on criteria it selects.  

2. In return for the provision by Pc Video Conference and the receipt of these features by you, you agree to the receipt of advertisements from advertisers approved by Pc Video Conference .  

3. You acknowledge that certain web technologies used in the delivery of Pc Video Conference 's services may appear as an advertisement to certain third party programs such as PopUp blockers or ad blockers and waive any claim against Pc Video Conference should you install and operate such third party programs while attempting to utilize Pc Video Conference Services.  

4. Pc Video Conference may collect or allow to be collected via cookies or other means such data as may be necessary for the delivery and tracking of advertisements and by using Pc Video Conference services you consent to this data tracking.  

14. INDEMNIFICATION

You acknowledge that Pc Video Conference does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other Service User, or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless Pc Video Conference , its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys' fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Agreement or any activity by you in relation to the Service or use of the Content.  

15. GOVERNING LAW

This Agreement shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Queensland, Australia without giving effect to its conflict of law provisions or your actual state or country of residence, excluding its choice of law and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree that the courts and/or arbitrators located in Brisbane, Queensland, Australia, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and/or arbitrators and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such legal proceedings. Any judgments obtained by such courts and/or arbitrators may be entered and enforced against you in any jurisdiction where you or your assets are located. Any legal action concerning this Agreement or the Services covered by this agreement must be brought by you within one (1) year after the claim or cause of action arises.  

16. CHANGES TO THE AGREEMENT

Pc Video Conference may change this Agreement from time to time. By continuing to use the Service after Pc Video Conference posts any such changes, you accept the Agreement, as modified.  

17. SEVERABILITY AND WAIVER 

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Pc Video Conference failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  

18. MISCELLANEOUS

1. Those provisions outlined here that normally would survive after you cease using the Services and Content will survive.

2. No joint venture, partnership, employment or agency relationship exists between you and Pc Video Conference as a result of this Agreement or your use of the Services and Content.  

3. Comments, suggestions or materials sent or transmitted to Pc Video Conference shall be deemed to be non-confidential and not subject to any restrictions. Pc Video Conference shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.  

4. Pc Video Conference reserves the right to charge fees at anytime, for use of Service or other access of Content.  

5. Notices sent to you by Pc Video Conference in connection with this Agreement will be delivered to you electronically or by written communication delivered by mail to your address on record in the account information.

6. You further undertake not to submit any material which is defamatory, obscene or pornographic or containing any viruses or other computer software which is intended to damage or interfere with the functioning of Pc Video Conference web sites or the business of Pc Video Conference.

7. Use of the Services requires one or more compatible devices, Internet access (isp fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. Solid high speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

8. You may give notice to Pc Video Conference customer service electronically via links on the Pc Video Conference , or by letter delivered by mail or courier to the following address:  

Pc Video Conference Communications 
52 Currumbin Creek Rd, Suite 222
Gold Coast, QLD Australia 4223

19. ENTIRE AGREEMENT

1. This Agreement constitutes the entire and final agreement between you and Pc Video Conference with respect to the subject matter hereof and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.  

2. No modification or attempted modification of this Agreement by you will be binding on Pc Video Conference unless such modifications are accepted by Pc Video Conference in writing.