IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN Verbal Area ("Verbal Area") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF VERBAL AREA'S SOFTWARE, DOCUMENTATION AND ASSOCIATED MATERIALS ("SOFTWARE"). BY SELECTING "I AGREE" AND CONTINUING THE INSTALLATION, BY USING THE SOFTWARE OR BY SIGNIFYING YOUR ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF. LICENSE GRANT. Verbal Area grants to you a non-exclusive, non-transferable license this copy of the Software solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer. OWNERSHIP. The Software is proprietary to Verbal Area and protected by European copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. Verbal Area reserves all rights not expressly granted herein. Verbal Area owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Verbal Area's ownership or proprietary rights therein or any other Verbal Area information or materials, tangible or intangible, in any form and in any medium. NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TERMS OF USE. You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying Verbal Area or which Verbal Area in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the Verbal Area services, Verbal Area reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the Verbal Area services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefore, Verbal Area reserves the right to restrict conduct and/or take measures against conduct, which Verbal Area deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the Verbal Area service or adversely affects Verbal Area, its business or software in any manner whatsoever. VERBAL AREA PICTURE REQUIREMENTS. Please follow the following guidelines when submitting a picture. Verbal Area strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways. Verbal Area allows you to submit up to 10 pictures of yourself, including one primary picture and 9 secondary pictures. Non-paying members can only view featured pictures, and paying members can view all pictures. Verbal Area will screen all featured pictures within 48 hours after submission, and you will be notified when it is approved or rejected. featured pictures will not be displayed until Verbal Area approves them. NO SOLICITATION; NO DENIGRATION. As a condition to your use of Verbal Area, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, consultant or any other person that is employed by, consults for, volunteers for, represents or assists Verbal Area (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with Verbal Area, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about Verbal Area or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of Verbal Area or any Representative, or otherwise tarnish or dilute any of Verbal Area's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of Verbal Area to cease using, and/or any potential customer or client of Verbal Area not to use any Verbal Area products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with Verbal Area's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing. ROOM RATINGS. Group Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "G-Rated Room," no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example). In an "R-Rated Room," some offensive language and content may occur; accordingly, you must be at least eighteen (18) years old to participate. In an "A-Rated Room," you should expect offensive language and content and you must be at least eighteen (18) years old to participate in such a room. Verbal Area is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room. HOSTING A CHAT ROOM. In accordance with the Terms of Service, you have the ability to create your own room on Verbal Area. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior. By "RIGHT CLICKING" on the name of the person that is not behaving appropriately, you will see a menu of choices, including: (a) removing that person's ability to speak ("Remove Mic"), (b) removing that person from your room ("Bounce"), and (c) alerting Verbal Area personnel ("Alert Admin of Misconduct"). In addition, you can add the user to your PalList, RIGHT CLICK on the user's name and click on "Block User," which will prevent the user from contacting you (except if you are in a group with that User). When creating your own room, more information will be available to you. PRIVACY POLICY. Verbal Area's Privacy Policy can be found on the website www.VerbalArea.com.
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