Acceptance of Terms of Use Agreement.

1.1        The Terms of Use (“Agreement”) contained herein govern the use of Voice friends by the registered users (“Service”);

1.2        By clicking “I ACCEPT or I AGREE” or by simply using Our Service, You represent that You have read and consent to our Privacy Policy and this Agreement;

1.3        This Agreement shall remain valid till such period the user accesses the Service;

1.4        As used in this Agreement, “we”, “Our” and “us” means Live24 Communications Limited (“Company”) having registered address at Wockhardt Tower,G Block, Plot C-2, Bandra Kurla Complex ,Bandra(E), Mumbai – 400051, Maharashtra – INDIA or any successor or assignee of the Company and “You“, “Your” or “User” refers to the person who uses the Service.

Eligibility

2.1        You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you are an adult and have the right, authority and capacity to enter into this Agreement in the jurisdiction you reside and to abide by all the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of an offence.

2.2        The content posted on the Service is by general public, therefore, the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using the Service, you may be exposed to objectionable matter. Under no circumstances will the Company be liable in any way for any content, including, but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content that is posted.

Code of Conduct

3.1        You agree to use the Service in accordance with the following Code of Conduct:

3.1.1     you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

3.1.2     you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

3.1.3     you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or is fraudulent, misleading or otherwise unlawful or violates any law;

3.1.4     you will not use the Service to distribute or up-load any virus, trojan horses or do anything else that might cause harm to the Service, the Company systems or to other members’ systems in any way;

3.1.5     you may not connect to or use the Service in any way not expressly permitted by this Agreement;

3.1.6     you agree that you will not use the Service, for any commercial purpose or the commercial benefit of any third party or charge any person, or receive any compensation for, the use of the Service.

3.2        You must not use the Service in any way that causes, or is likely to cause, the Service or access to it to be interrupted, damaged or impaired in any way. You agree to not use the Service to:

3.2.1     send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any country where the Company operates in or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;

3.2.2     request money from, or is intended to otherwise defraud, other users of the Service;

3.2.3     Impersonate any person or entity, including, but not limited to, the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.2.4     for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.

Disclaimer of Warranties and Liability

4.1        You shall be solely responsible for your interactions with other users. You understand that the Company currently does not conduct background checks or screenings on its users. The Company also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The Company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The Company reserves the right to conduct any background check or other screenings (such as sex offender register searches), at any time and using available public records.

4.2        The Company and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any act or omissions a result of using the Service  or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission , computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Website. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. The Company does not warrant or represent that your access to the Service will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Service will be free of bugs, viruses, worms, Trojan horses or other harmful components.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

4.3        You understand and agree that the Company may, but is not obligated to, monitor or review any Content a user posts as part of the Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.

The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.

Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

4.3.1     comply with legal process;

4.3.2     enforce this Agreement;

4.3.3     respond to claims that any Content violates the rights of third parties;

4.3.4     respond to your requests for customer service or allow you to use the Service in the future; or

4.3.5     protect the rights, property or personal safety of the Company or any other person.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET  SEARCHES TO BE UNDERTAKEN BY THE SERVICE; OR (III) THE SERVICE WILL MEET YOUR EXPECTATIONS.

4.4        Material Submitted by Users

Certain elements of the Service may contain material submitted by users. The Company accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.

The Service includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by this Agreement, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for the Company to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

4.5        Advertising Material/ External Links

4.5.1     Part of the Website/Service contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website/Service complies with applicable International and National law is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission or inaccuracy in advertising material. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company terms and conditions which are available on the Website.

4.5.2     The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy policy of such External Links prior to use of them.

4.6        Account Security.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process and you shall be solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security to the Company.

4.7        Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Website/Service (including but not limited to text, audio, or graphical images), trademarks and logos appearing on this Website are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Modifications to Service

We reserve the right to add to or change/modify the terms of this Agreement including but not limited to suspend / cancel, or discontinue the Service at any time without notice, make modifications and alterations in any or all of the Service and this Website without prior notice. Such changes will be posted to for your convenience to understand your responsibility as a user. You will be deemed to have accepted such change/s if you continue to access the Service subsequent to such changes.

Charges

The Company reserves the right to charge subscription and / or membership fees in respect of any part, aspect of this Service upon reasonable prior notice.

MEMBERSHIP FEES AND CHARGES ARE FULLY EARNED UPON PAYMENT. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Data Protection

The Company may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy (as mentioned in Clause 14 below).

Monitoring of Information

8.1        We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

8.2        While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these interactions We reserve the right, but are not obligated, to delete, move, or edit messages, materials or audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of interactions between you and the other users.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

Force Majeure

The Company shall have no liability to you for any interruption or delay in access to the Service/Website irrespective of the cause.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Location Information

Your location information is shared with other subscribers. Subscribers have 100% control of their location and can choose to show, hide or shift their precise location when shown on maps.