Terms And Conditions

Welcome, and thank you for your interest in VimChat (“VimChat”, “we”, or “us”) and our platform at www.vimchatbusiness.com (the “Site”), as well as app, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy (this “Policy”) is displayed (collectively, together with the Site, our “Service”).

This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.

This Policy is incorporated into and is subject to the VimChat Terms of Use. Capitalized terms used but not defined in this Policy have the meaning given to them in the VimChat Terms of Use.


The information we collect on the Service:

  • User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also may include other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, text/chat, send User Content, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
  • “Cookies” Information. When you visit the Service, we may send one or more cookies (a small text file containing a string of alphanumeric characters) or similar code to your Devices. Some of this code may remain on your Devices and may be used by your browser or Devices on subsequent visits to the Service. This allows us to “remember” what you have done on the Service before and personalize the Service for you. Please look through your browser’s or Devices’ technical support resources to learn the correct way to remove or disable this code. Please note that disabling this code may prevent you from accessing some of the functionality and offerings available via the Service.
  • “Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or mobile phone number or ID, web browser and/or device type, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with text/chat messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.

Information from Other Sources:

Please be aware while using standard web browsers, that Google and other third-party vendors may place or recognize one or more unique cookies on your computer when you use the Service, and may record information to these cookies based upon your activities on our Service and on third-party websites and other Third-Party Services. Google and these other third-party vendors may use information about those activities to inform, optimize, and serve advertisements.

To learn more about these practices, and to opt-out from Google’s and other vendors’ use of information collected on the Service through cookies for advertising purposes, you may visit Google’s Ads Preferences Manager or the Network Advertising Initiative opt-out page. Please note that opting-out will not prevent advertisements from being served to you on the Internet; it will only result in advertisements that utilize cookies to serve advertisements on the specified advertising networks from which you opt-out no longer being targeted. WE ARE NOT RESPONSIBLE FOR THE ACTIVITIES OF OTHER PARTIES THAT MAY NOT COMPLY WITH YOUR OPT-OUT REQUESTS.

How we use the information we collect.

We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

  • We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
  • We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
  • We may use your mobile phone number, email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
  • We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users.
  • We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
  • We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties upon being presented by a legal request for compliance with various reporting obligations.
  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law, FRCP, FINRA, etc.), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
  • We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
  • Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

Your Choices

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information and preferences at any time by sending an e-mail to social@vimchat.com If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us at social@vimchat.com Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at social@vimchat.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.


Third-Party Services

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access is provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Use of your personal information by Third Party Developers and others

When you use vimChat, certain information you choose to post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, links, photos, videos or other information, may be shared or be available to other users and third parties. All such sharing of information is done at your own risk.


Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at social@vimchat.com and request that we delete that child’s personally identifiable information from our systems.


Links

Our platform may contain links to other websites. We are not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personal information. This Privacy Policy does not apply to such linked third-party websites.


Testimonials | Advertising

VimChat reserves the right to get in contact with users signed up on the VimChat platform for participation in its marketing materials. Occasionally we post customer testimonials and highlight users/businesses on our platform, which may contains logos, approved statements and testimonials.  We do obtain the customer’s/business’ consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to request the removal of your testimonial you may contact us at social@vimchat.com.


Intellectual Property Rights

The Content on the VimChat platform (as in Ownership of Content), except for all User Content (as defined in Ownership of Content), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, VimChat’s users use only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the platform is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required,) VimChat reserves all rights not expressly granted in and to the platform and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the VimChat platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the VimChat platform or any of the Content therein.

VimChat does not claim any intellectual property rights over the User Submissions.

Images / Video

VimChat images/logo/videos are royalty free images purchased by the Company for the use on the VimChat platform only. You cannot use any of these images/logo/viceos, in your text/chats or other material without breaking any international copyright laws. VimChat images/logo/videos are available for digital use within VimChat ONLY. For more information, please see the Intellectual Property Rights section of the VimChat Terms of Use.

Third Party Content

VimChat may provide on the platform certain content such as pictures, logos, fonts, graphical items which are subject to proprietary rights of third parties (“Third Party Content”). You acknowledge and agree that VimChat shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the VimChat platform and/or disable access to such Third Party Content. If you do not obey to such instructions, and you do not remove the Third Party Content from Your VimChat Content within no later than 24 hours from the time on which VimChat provided you the relevant notice, VIMCHAT SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR VIMCHAT CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO VIMCHAT.

To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the platform and which VimChat requires its removal for any reason.

You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by VimChat; and (iii)  use the Third Party Content in a manner consistent with the restrictions set forth on the platform and as may be updated from time to time.

User Content

  1. ​The VimChat platform permits the submission and transfer of Content submitted by you and other users (“User Content”) and the sharing of such User Content. You understand that whether or not such User Content is shared, VimChat does not guarantee any protection with respect to such User Content.​
  2. YOU UN­­­­DERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT VIMCHAT, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU SHARE, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. VIMCHAT DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS SHARING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
  3. WHILE VIMCHAT IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, VIMCHAT RESERVES THE RIGHT WHEN PROMPTED BY LEGAL ACTION OR SIGNED NOTARIZED, USER REQUEST, TO DELETE ANY SUCH USER CONTENT PERMANENTLY.

D. VimChat does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection on the VimChat platform.

E. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO SHARE THE MATERIAL; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE VIMCHAT OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.

If you become aware of misuse of the VimChat Services by any person, please contact VimChat by email to: social@vimchat.com.

VimChat does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and VimChat expressly disclaims any and all liability in connection with User Content.

F. COPYRIGHT. VIMCHAT DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS PLATFORM, AND VIMCHAT WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.

VimChat respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If you believe that your information has been copied in a way that infringes your copyrights, please email us at social@vimchat.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.

Repeat Infringer: VimChat reserves the right to remove Content and User Content without prior notice. VimChat will also terminate a User’s access to its platform, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the platform more than twice. VimChat also reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. VimChat may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

  1. You understand that when using the VimChat platform, you will be exposed to User Content from a variety of sources, and that VimChat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VimChat with respect thereto (if any), and agree to indemnify and hold VimChat, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Additional Prohibited Uses

In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to: (a) harm minors in any way; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) share, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) “Spamming” to promote your Content, or engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including, sending content or emails which do not comply with the CAN-SPAM Act of 2003 and the Telephone Privacy Act; (f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy; You agree to indemnify and hold VimChat harmless from any claims resulting from the use of the Services which damages you or any other party. VimChat reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for VimChat benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in VimChat’s sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, VimChat may immediately shut down your account, and notify you of the action. You agree to waive any cause of action or claim you may have against VimChat for such action.


Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at social@vimchat.com.

Payment

By clicking the “sign-up” the user agrees to the outlaid terms of payment (website and product) for the usage of the VimChat platform and services. Payment will be collected every 1st of the month via the listed credit card on file. The user agrees to keep all payment information up to date to avoid cancelation of service. Should the payment be declined, VimChat will block any access to the data and platform until the payment is resolved. Direct contracts (enterprise solutions) will be billed through PNO statements on a customer to customer agreement.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

International Visitors

The Service is hosted in the United. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.


Trademarks

The trademarks, service marks, logos and graphics (the “Trademarks”) appearing on VimChat’s platform are registered and unregistered trademarks of Digsview LLC, DBA VimChat and as such can only used with the permission of the trademark owner or for identification purposes only. No license or right is granted by implication or any other means to use any trademark appearing on VimChat’s platform or internet site(s). If you have any questions about the use of the VimChat trademarks, or any other trademarks appearing on the this site, please contact our business/legal department 650. 766.2588. VimChat enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.


Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your mobile phone number and/or email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.


Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at social@vimchat.com.

VimChat, 1204 Burlingame Ave. Suite 8
Burlingame, CA 94010