Terms of Use

The following are the terms and conditions for use of TommiMedia Live Video Calling and Text Based Products and Services Please read them carefully.

By using the TommiMedia Products and Services you accept and agree to comply with the following Terms of Use. Your use of certain resources made available or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use and our Privacy Policy from time to time. Your continued use of the products and services signifies your acceptance of any changed items. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Products and Services. The failure of TommiMedia to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1.    MEMBER ACCOUNT, PASSWORD, AND SECURITY
You must complete the registration process by providing us with current, complete and accurate information and such further information that may later be needed. You are entirely responsible for any and all activities that occur under your account. You agree to notify TommiMedia immediately of any unauthorized use of your account or any other breach of security.

2.    NON-EXCLUSIVE LICENSE
TommiMedia, inc. (Developer and Owner) hereby grants you a non-exclusive license to use these Services for use in a single business entity. You may not:
(1) Modify, translate, or create derivative works based on the Services, or permit other individuals to so;
(2) rent, lease, transfer or otherwise transfer rights to the Services;
(3) use a single account for multiple
business entities. Currently the TommiMedia Services are the following: TommiLive, TommiVideo, TommiBanner, TommiText, TommiBook, TommiMail, TommiChat. 3.    FEES AND SERVICES
We may change our Fees and Credits Policy and the fees for our Services from time to time. Our changes to the policy are effective after we provide you with at least fifteen (15) days notice of the changes by posting the changes on our web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our services and our web site. We reserve the right to deactivate accounts or viewer access to statistics and other data for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorney fees) incurred by TommiMedia, inc. will be included in the amount owed. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.

4.    MEMBER PRIVACY
TommiMedia is firmly committed to the privacy of its customers and visitors to its web sites. TommiMedia will not monitor, edit, or disclose any personal information about you or your use of the TommiMedia Live Video Calling or Text Chat Services unless TommiMedia has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of TommiMedia; or
(3) enforce the Terms of Use.
TommiMedia may provide statistical analysis in aggregate form to third parties for research purposes, however, TommiMedia is not entitled to disclose statistics of a single web site. Our Privacy Policy may be found on our website and is made part hereof.

5.    SITE INFORMATION
The general operation of the TommiMedia Live Video Calling and Text Chat Services site is as follows: TommiMedia's Services allow you to conduct different licensed operations and to generate codes for your web sites to be able to use the Services. No details about your website's content are stored within a cookie.

6.    INDEMNIFICATION
You agree to defend, at your expense, any action brought against TommiMedia, Inc. and affiliates arising out of your use of the Services with any third parties or from your willful misconduct. You will indemnify TommiMedia, Inc. and affiliates from any costs, damages and fees incurred by TommiMedia, which are attributable to such a claim.

7.    LIMITATION OF LIABILITY
The information and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TommiMedia, its affiliates and/or its respective suppliers may make improvements and/or changes in the Services at any time. TommiMedia does not represent or warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available, are free of viruses or other harmful components. TommiMedia does not warrant or represent that the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that TommiMedia shall not be responsible for unauthorized access to or alteration of your data. Further, TommiMedia, inc. reserves the right to make changes to any and all parts of TommiMedia products and services at any time, without obligation to notify any person or entity of such changes.

8.    DISCLAIMER OF WARRANTIES
The Services are provided "as is" and there are no warranties, claims or representations made by TommiMedia, either express, implied, or statutory, with respect to the Services, including warranties of quality, performance, non infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. TommiMedia does not warrant that the Services will meet your needs or be free from errors, or that the operations of the Services will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determining the price charged for the products and services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.

9.    EXCLUSIVE REMEDY
TommiMedia's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to TommiMedia for use of the Services. In no event shall TommiMedia be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if TommiMedia has been advised of the possibility of such damages.

10.    EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
TommiMedia will not be liable to user or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if TommiMedia has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.

11.    PROPRIETARY RIGHTS TO CONTENTS AND COPYRIGHT
Title, ownership rights and intellectual property rights in and to the Services shall remain with TommiMedia. The Services and the intellectual property operating them are protected by U.S. and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content, and code accessed through the Services are the property of TommiMedia and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Services are: Copyright © 2009 TommiMedia, Inc., its affiliates and/or its suppliers. All rights reserved. All content and compilation of content included on TommiMedia's web site, such as text, graphics, logos, button icons, images, downloads are the property of TommiMedia, Inc. TOMMIMEDIA, the TommiMedia logo, TommiLive, TommiVideo, TommiBanner, TommiText, TommiBook, TommiMail, TommiChat and the marks related to TommiMedia, TommiLive, TommiVideo, TommiBanner, TommiText, TommiBook, TommiMail, TommiChat and services referenced herein are either trademarks or registered trademarks of TommiMedia, inc.

12.    TERMINATION
We may terminate your account at any time and for any reason. This agreement will terminate automatically if you fail to comply with the limitations described above. You will be obligated to continue this Agreement for the term you selected during the order process (e.g. 1 month, 3 months, 6 months, 1 year, etc.). At the end of the Initial Term of this Agreement, this Agreement will automatically renew (subject to then current pricing and then current TommiMedia terms and conditions) unless terminated by either party by giving written notice of termination at least 15 days before the expiration of the then current term. TommiMedia reserves the right to terminate this Agreement and to deactivate or deny viewing access to your account immediately for your failure to pay. If TommiMedia denies viewing access but has not terminated the Agreement, TommiMedia will continue the Services until the Agreement is terminated without interruption and you will remain obligated to pay any fees related thereto.Upon termination or expiration of this Agreement, you will delete all copies of TommiMedia Live Video Calling and Text Chat Services' generated codes from all Pages. Any outstanding balance for services rendered through the date of termination or any other payment obligations during the remainder of any unexpired Initial Term or renewal term become will be immediately due and payable upon termination of this Agreement.

13.    MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES
TommiMedia reserves the right to change its terms of service policy at any time and to notify you by posting an updated version of the policy on this Web site. You are responsible for regularly reviewing the policy. Continued use of the services after any such changes shall constitute your consent to such changes.

14.    MISCELLANEOUS
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under United States law in the jurisdiction of State of New Jersey.

15.    Copyright Complaints
TommiMedia and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2). Notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES THAT DO NOT FOLLOW THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

Last revised January 10, 2009