Terms of Service
1st December, 2008
Welcome to Voice Chat, a social utility that connects you with the people around you. The Voice Chat service and network (collectively, "Voice Chat" or "the Service") are operated by Altruist Technologies Pvt. Ltd (collectively, "us", "we" or "the Company"). Voice chat is powered by Altruist Technologies P ltd on different operator networks by following names:
- Airtel Friends Chat for Airtel
- Voice chat for Reliance
- Voice chat for Idea
- Indicom chat for TATA.
- Voice chat for MTNL (Delhi)
- Aircel friendz zone for Aircel
Registration Data; Account Security
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted for the same over the IVR or sms on the Service ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide on to the Service, to keep it accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Service Content; Limited License
You understand that the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service to:
- Harvest or collect specific details or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited messages or other unsolicited communications;
- Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
- Use automated scripts to collect information from or otherwise interact with the Service;
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post, transmit, share, store or otherwise make available any audios other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art created by you or your friends;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload, post, transmit, share 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 telecommunications equipment;
- I intimidate or harass another;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service.
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type.
User Content Posted on the Service
You are solely responsible for the audio clips, profiles (including your name, audio clips, hobbies and likeness), messages, information, music, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Service and may delete or remove (without notice) any Service Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating and replacing any User Content you post or store on the Service or provide to the Company. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Service at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated office location.
You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. By using the Service, you are consenting to have your personal data transferred to and processed in India. Voice Chat collects personal information when you register for the service or otherwise voluntarily provide such information. We may combine personal information collected from you with information from our other services or third parties to provide a better user experience, including customizing content for you.
- We may use personal information to provide the services you’ve requested. As part of the service, we would be sending out matching Chat ID alerts as sms once a day, as part of the regular service feature.
- We may also use personal information for auditing, research and analysis to operate and improve our services.
- We may share aggregated non-personal information with third parties outside of the Company.
- We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
- The Company processes personal information on its servers in India.
The Company is not responsible or liable in any manner for any User Content, Software or Content posted on the Service or in connection with the Service, whether posted or caused by users of the service, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any User Content or Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of players on account of technical problems or traffic congestion on the network or at any Service or combination thereof, including injury or damage to User's or to any other person's mobile phone, or other hardware or software, related to or resulting from using the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content, Software or Content posted on or through the Service or transmitted to Users, or any interactions between users of the Service, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED INR 1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.