Terms of Services - Visu Talk

1. The most important things You need to know when using RYO Clubs

1.1 No Access to Emergency Services:

1.2 Jurisdiction Restrictions: If the law of Your country prohibits You from using the Products because You’re under the age limit or just because the Products are not allowed in Your country, please don’t use them.

1.3 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to Your use of the RYO Clubs Software, RYO Clubs Website and Products, collectively constitute the legal agreement between You and RYO Clubs. To agree to these Terms of Service, click “Agree”. If You do not agree to these Terms of Service, do not click “Agree”, and do not use the Products. Please make sure You have read and agreed to the End User License Agreement, Privacy Policy and the RYO Clubs Etiquette, and any other Additional Terms which apply to Your use of the RYO Clubs Software, RYO Clubs Website and Products. In some countries the Products may be provided by our local partner. If so, You will be asked to accept the partner’s own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for your records.

2. Definitions

Capitalised terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition the following terms and expressions shall have the following meanings:

Product(s): the internet products provided by RYO Clubs in accordance with these Terms of Service RYO Clubs



Terms of Service: these terms of service as may be renewed and/or amended from time to time.

 

3. What You should and should not expect from us

These should be Your expectations when You use RYO Clubs:

3.1 Quality: RYO Clubs will try to provide the Products with minimum disruptions. However please understand that RYO Clubs can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products may be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption.

3.2 Technical improvement and maintenance: RYO Clubs may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. RYO Clubs may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products.

4. What we expect from you

4.1 Information. You will be required to provide RYO Clubs in good time with any data or information necessary for a proper provision of the clubs and products..

4.2 No reselling. You agree not to resell the ryo clubs to any third party without express written concent.

4.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD RYO Clubs AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE RYO Clubs PRODUCTS.

5. Payment and tariff Issues

5.1 RYO Clubs Credit. You need to pay to use certain Products. To purchase payable Products You need a sufficient balance of RYO Clubs credit, which is credit purchased by You (or an Administrator of a Business Control Panel) from RYO Clubs and allocated to Your User Account (“ RYO Clubs Credit”). You must deposit sufficient RYO Clubs Credit in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by RYO Clubs. RYO Clubs reserves the right to stop accepting debit or credit cards from one or more issuers.


5.5 PAYMENT


5.5.1 Charges and rates
  • Products: You shall pay RYO Clubs any applicable charges and rates as stated on the RYO Clubs Website in connection with Your purchase and use of the Products. You will be able to pay with Your RYO Clubs Credit balance or with any other payment method available.

6. RYO Clubs’s liability to You

6.1 Limitation of Liability. IN NO EVENT SHALL RYO Clubs, ITS AFFILIATES, ITS LICENSORS OR THE RYO Clubs STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
  • ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
  • ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).
6.2 THE LIMITATIONS ON RYO Clubs’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT RYO Clubs, ITS AFFILIATES OR THE RYO Clubs STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF RYO Clubs FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF RYO Clubs, THE RYO Clubs STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.4 RYO Clubs’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS (WHERE RELEVANT) IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF $5,000 IN ALL CASES IRRESPECTIVE OF WHETHER YOU HAVE PAID FOR THE PRODUCTS (UNLESS THE LOSS IS DUE TO RYO Clubs’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. LIMITED EMERGENCY CALLING IS ENABLED USING THE RYO Clubs SOFTWARE ONLY IN THE CIRCUMSTANCES SET OUT IN PARAGRAPH 3.5. NONE OF THE OTHER PRODUCTS SUPPORT OR ARE INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER RYO Clubs NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO:

( 6.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. RYO Clubs DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, CALLS TO PREMIUM RATE NUMBERS) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER RYO Clubs NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

6.7 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.8 Force Majeure. You acknowledge and understand that if RYO Clubs is unable to provide the Products as a result of a force majeure event RYO Clubs will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of RYO Clubs. In the event RYO Clubs is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. RYO Clubs SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

7. How long does your agreement with RYO Clubs last for?

7.1 Duration. The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by RYO Clubs, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either RYO Clubs or You as set out below.

7.2 Termination. You may terminate Your agreement with us at any time. Without limiting other remedies, RYO Clubs or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to RYO Clubs’s website, remove hosted content, and take technical and legal steps to keep You off the RYO Clubs Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities,

7.3 Update: RYO Clubs reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account by contacting our customer support team.

 

 


15.4 RYO Clubs reserves the right to ban temporarily or permanently users who breach guidelines. If, for any reason, you cannot correct the issue yourself, you may notify RYO Clubs

 


YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO RYO Clubs THE RIGHTS SET FORTH HEREIN.

© RYO Clubs – Last revised: March 2012