We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The intended use of the website, and the use to which you agree to, is to video chat with family members.
You agree to use the Service only for its intended purposed as specified on the web site, https://distant.family. You may connect with a family member using the Service for the purpose of video chat and interconnected activities such as playing games. You also agree that video chat and playing games/activities simultaneously is are not supported.
While connected within a video chat conference you agree to remain active and engaged with your chatting partner. You agree not to leave the Service running unattended and you agree that disconnection may occur automatically if inactivity is detected.
When you create an account to the service you agree to all terms of this agreement. You also agree to receive occasional emails to inform you of news related to Distant Family.
Subscriptions are available for users who wish to enjoy added benefits of the Service. These benefits include the reservation of a "room name" or "URL" that is exclusive to your use. You agree that when your Subscription expires or the Service is terminated, or your Subscription is terminated or ended by any means, including violations of this agreement, that the reservation of your folder name will cease and the folder name may be available for reservation by others.
With a paid subscription to the service you agree to receive occasional emails to remind you of a coming expiration of your subscription. You also agree to receive one more email after expiration as a final reminder of your lost subscription.
Users agree that subscription does not constitute ownership of any aspect of the Service including, but not limited to, the reserved room name.
You may not re-sell, rent, or lease any aspects of the Service that is provided. This includes the sale of a reserved folder name. If such a sale is made independent of Linewave Inc., you agree to forfeit all proceeds of the sale to Linewave Inc. Participation in a secondary market for services provided by Distant Family™ and Linewave Inc. is prohibited.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Linewave, Inc. . Linewave, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Linewave, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We try to maintain continual availability and consistent, reliable service. In order to provide for all of customers, we may maximize usage by particular users at particular times if we suspect their usage goes beyond the intended use of the site.
Users agree that excessive use may be metered and restricted in order to spread available resources across the user base.
Linewave Inc. makes no warranties of any kind, whether expressed or implied, for the service it is providing. Linewave Inc. also disclaims any warranty, express or implied, of merchantability or fitness for a particular purpose. Linewave Inc. will not be responsible for any damage suffered. This includes loss of data resulting from delays, non deliveries, mis-deliveries, or service interruptions caused by Linewave Inc.' negligence or the subscriber's errors or omissions. Use of any information obtained via Linewave Inc. is at Client's own risk. Linewave Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Client hereby acknowledges and agrees that Linewave Inc. will not be liable for any temporary delay, outages or interruptions of the Services. Further, Linewave Inc. shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God, act of terrorism, or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Client hereby acknowledges and agrees that Linewave Inc. reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Linewave Inc. will use best efforts to notify Client of pending maintenance however, Linewave Inc. is at no time under any obligation to inform Client of such maintenance.
Network and system security violations are prohibited by Linewave Inc. and Linewave Inc. reserves the right to pursue criminal and/or civil charges and/or work in conjunction with legal authorities in relation to any such violation. Examples of such violations are, but not limited to, the following: Unauthorized access of network, data, servers, files, etc that Client does not have permission to access. Any attempt to test, probe or scan the Linewave Inc. system or network, or use the Linewave Inc. network or system for the purposes of such tests, in order to ascertain vulnerability, or any attempt to breach security or authentication measures without authorization. Any attempt to interfere or disrupt the Linewave Inc. service or network by using the following, but not limited to, methods: flooding, mail-bombing, denial of service attacks, or any other deliberate attempts to overload the system. Any usage or attempted usage of services for which Client is not authorized to use.
Linewave Inc. is excused from, and will not be liable for, any failure or delay in performance of responsibilities otherwise imposed by this Agreement including, but not limited to, any delay, outages or interruptions of the Services, for any cause beyond its reasonable control. Such causes shall include without limitation fires, floods, storms, earthquakes, civil disturbances, acts of God, acts of terrorism, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by Linewave Inc., or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
The following provisions are material conditions of this Agreement and reflect a fair allocation of risk: (a) Remedies. Client agrees that if Linewave Inc. violates any warranty or other provision of this Agreement and Linewave Inc. in its sole discretion determines that repair or other corrective action is not economically or technically feasible, Client's sole and exclusive remedy will be to seek a refund of up to the amount paid by Client to Linewave Inc. for services rendered hereunder during the previous one (1) month. (b) Liabilities. Linewave Inc. IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY CLIENT FOR SERVICES HEREUNDER DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT SHALL Linewave Inc. BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Linewave Inc. prohibits the use of its network or services to store, distribute, reference domain names or make any other use of any material protected by trademark, copyright, patent or other intellectual property right without proper authorization.
These Terms shall be governed and construed in accordance with the laws of The Province of Alberta, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsowver, including without limitation if you breach terms.
All provisions of Terms which by their nature should survive termination shall survive termination, without limitation, ownership provisions, warrenty disclaimers, indemnity and limitations of liability.
If you have any questions about these Terms, please contact us.
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