The author of application Dugox chatroulette, hereinafter "Customer", on the one hand, and "Executor" on the other hand, hereinafter collectively referred to as "Parties" and individually - "Party", concluded the agreement (hereinafter - the "Agreement") as follows:
1. General Provisions
1.1. Application is the object of intellectual property, using which the Users (as defined below) can initiate their own Video-broadcasts (as defined below), watch Video-broadcasts initiated by other Users, share personal messages (as defined below).
1.2. The Application Administration are people authorized by the Owner of the Application to perform application management and other actions aimed to support the operation of the service. The Application Administration acts on behalf of the Owner of the Application, unless otherwise stated.
1.3. The User is any person, except for the Application owner and the Application administration, performing access to the Application.
1.4. Video-broadcast is a user-initiated one-time session shown to a limited number of other Users: audiovisual material stored on the User's PC, and (or) audiovisual material created / recorded by the User in real time, through a variety of means, connected to the User's PC (such as video camera, microphone, etc.) and (or) any other audiovisual material, which transferring over the Internet and display are user-initiated.
2. Main principles of the web-site operation
2.1. Non-interference on the part of the Web-site Administration in personal communication of the Users (by means of Video-broadcasts and Private messages).
2.2. The Application Administration and the Owners of the Application are not responsible for video image quality and informational content of Users' Video-broadcasts.
2.3. Automatic acceptance by the User of all provisions of the present Agreement from the moment of the first call to the Application.
2.4. User's awareness of personal responsibility for any consequences caused by his activity in regard to the use of the Application, including (including, but not limited to) actions of Video-broadcasting and watching Video-broadcasts initiated by other Users.
3. General provisions
3.1. The present Agreement regulates relations between the Owner of the Application represented by the Administration of the Application and the Users of the Application occurring due to the use of the Application.
3.2. In case single questions are not settled by this Agreement or by another Agreement of the Parties, the relations of the Parties are subject to the legislation of the Seychelles.
3.3. Provisions of the present Agreements are determined, changed and cancelled by the Owner of the Applicastion unilaterally without previous notice. From the moment a new revision of the Agreement is posted on the Web-site, the previous one is considered invalid. In case of major change in the Agreement provisions, the Administration notifies the Users thereof posting a corresponding message on the Web-site.
3.4. Rights and obligations of the Parties arising out of the invalid Agreement revision are subject to the provisions of the effective (the latest) revision of the Agreement, unless a contrary indication appears in this Agreement or results from the character of relations between the Parties under the Agreement.
3.5. The effective revision of the Agreement is posted on the Internet at (http://dugox.com/terms.php).
4. The Owner of the Application
4.1. The Owner of the Application is an administrator of domain dugox.com and holder of exclusive rights for use of the Application, including its comprising software and data bases, information materials, graphic images, which are parts of user interface and other protectable subject matters composing the Application, and for the Application design.
4.2. The Owner of the Application is an information intermediary and by means of the Internet renders services associated with transfer, storage and access to the display of information, video and audio materials, graphic images and other materials offered by the Users. Any information provided by the Users and sent via the Application is transferred without changes, corrections and independent control on the part of the Owner and Administration of the Application.
5. The Application User
5.1. Rights and obligations of the Application User start from the moment of his first call to the Application.
6. Forbidden actions
6.1. conduct propaganda or agitation, fomenting social, racial, national or religious hatred and enmity, propagate war, social, racial, national, religious and language superiority;
6.2. use the Application and confirm your acceptance of the Agreement provisions, if (a) you have not reached the age when you can enter into a legal Agreement with the Application or (b) you are a person who is legally forbidden to access or use the Application according to the legislation of your country of residence or the country, you are accessing or using the Web-site from.
6.3. post on the Application, send via private messages or video-broadcasts restricted information (private information), if the User is not the owner of this information, i.e. the person who created this information himself or received under the law or the Agreement the right to grant or restrict access to it, or is the owner of this information but by virtue of the law or the Agreement in terms of which he was given such information doesn't have enough rights to disclose it in this manner;
6.4. post or broadcast on the Web-site copies of results of intellectual activity protected by law or their parts without having corresponding exclusive or non-exclusive rights for such use;
6.5. post on the Web-site on open access, or send via private messages text messages, video-broadcasts, graphic and video images or other materials which content is offensive for other Users or other persons, or which can be considered as such, as well as messages, images or other materials discrediting the Users or other persons and containing threats, calls for violence, unlawful acts, antisocial and immoral actions, as well as any other actions which contravene public policy;
6.6. post on the Application messages, graphic images, video content or other materials, start video-broadcasts, which impair or can discredit honour, dignity or business reputation of a citizen or organization;
6.7. post on the Application messages containing strong language;
6.8. post on the Application pornographic materials or hypertext links for the Internet sites containing such materials;
6.9. vulgarly and naturally demonstrate in the Video-broadcast nude male and female genitals sexual intercourse, sexual perversions or other images of pornographic character;
6.10. conduct Video-broadcasts which content is illegal in the country of domicile of the User.
6.11. post on the Application personal data, including contact information, of other Users or other persons without their prior consent;
6.12. post on the Application images and start video-broadcasts of other persons without their prior consent apart from the cases provided by the law;
6.13. post on the Application on open access without prior consent of the Administration of the Application, start Video-broadcasts, send via personal messages without prior consent of the User text messages, graphic images or other materials containing advertising materials;
7. Rights and liabilities of the user
7.1. The User obliges to refrain from forbidden actions specified in section 6 of the present Agreement.
7.2. The User obliges to inform the Application Administration when other Users perform forbidden actions specified in section 6 of the present Agreement via pressing the "Complain" button.
8. Rights and liabilities of the web-site administration
8.1. The Application Administration exercises day-to-day control of the Application, determines the range of Application services, its structure and configuration, grants and restricts access to the Application, exercises other rights.
8.2. The Application Administration resolves issues concerning commercial use of the Application, including those of advertising on the Application, participation in partner programs, etc.
8.3. In case of violation by the User of provisions and rules under this Agreement, the Application Administration can temporarily suspend User's access to the Application or certain services for an indefinite term and in case of recurring or gross violation of the provisions under the present Agreement the Administration can block the Account.
8.4. The Application Administration reserves the right to temporarily suspend or block User's access to the site or its certain services without explanation of reasons.
8.5. The Application Administration can, but is not obliged to moderate messages, pictures, text information posted by the User.
8.6. The Application Administration can, but is not obliged to moderate Video-broadcasts.
8.7. The Application Administration does not resolve and settle disputes and conflict situations arising between the Users, but reserves the right to block access of the User in case of receipt of multiple Notices of Violations from other Users.
9. Guaranties and liabilities of the parties
9.1. The User guarantees that information, copies of results of intellectual activity protected by the law and their parts, as well as other materials posted on the Application or sent by means of Video-broadcasts or text messages do not break laws, rights and legitimate interests of anyone.
9.2. The User understands and agrees that he bears exclusive responsibility for the content of his Video-broadcast and its consequences. The Application Administration does not support any of Video-broadcasts or opinions, recommendations or advice expressed therein and is not responsible for the content of such Video-broadcast.
9.3. The Owner of the Application represented by the Application Administration undertakes to apply all reasonable efforts to maintain the Application in workable condition, but does not guarantee constant and undisturbed operation of the Application and bears no responsibility as for provision of its continuous functioning.
9.4. Violation of provisions under the present Agreement may cause the Application Administration to temporarily suspend or block the User's access to the Application or certain services for an indefinite term. The User's access to the Application (or certain services) is restored at the discretion of the Application Administration upon a written application of the User.
9.5. Apart from the cases explicitly provided by the law, the Owner of the Application is not responsible for the losses of the User resulting from technical malfunctions of hard- and software, and for the losses resulting from User's actions which clearly do not conform to common regulations of operation with information on the Internet or with hard-and software.