VEMOX TERMS OF USE

 

Amazon Terms of Use

Consolidated Communications Terms of Use

AMAZON TERMS OF USE
    1. INTRODUCTION TO SERVICE AND ACCEPTANCE OF TERMS OF USE.

    1.1 Introduction.OLYMPUSAT TELECOM, LLC ("OLYMPUSAT TELECOM," "we", "us") provides an online streaming service offering a selection of television networks and individual movies, television shows, clips and other audiovisual content (collectively, the "Content") through the VEMOX™ platform; located at http://www.vemox.com (the "Site"), and certain mobile applications, smart phones, smart TVs, computer devices or game system platforms that allow you to access the Content (collectively, "Services"). These detailed terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 12 and which incorporate our Privacy Policy (collectively, the "TOU"), govern your use of the Services. It is therefore important that you read and understand these TOU.

    1.2 Acceptance of TOU. To access and enjoy the Services, you, your heirs, and assigns (collectively, "you") must agree to and at all times follow the provisions set forth in these TOU. By using the Services, you accept and agree to be bound by these TOU. Please take a moment to carefully read through these TOU. If you do not agree to these TOU, you should not use the Services.

    1.3 Account and Registration. We require registration to access many parts of the Services. All registration information you submit must be accurate and updated. You may also be able to register to use the Services by logging into your account with your credentials from certain third party platforms or social networking sites, subject to availability now or in the future (including, but not limited to, Amazon and Microsoft). You represent that you are entitled to disclose your third party platform or social network account login information to us and/or grant us access to your third party platform or social network account. Please keep your password used to access the Services confidential. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately by e-mail at VEMOXSUPPORT@OLYMPUSAT.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to keep your registration information (e.g., email address) updated in case we need to contact you.  Users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access your account information.

    1.4 The Services. Once registered, VEMOX offers  streaming services, which provide access to different types of Content. You may also be able to access some free content even if you have not registered to use the Services.

    References to "Services" throughout these TOU are intended to include all Services available through VEMOX.

    1. CHANGES TO THE TOU. We may amend these TOU (including the Privacy Policy) at any time in our discretion, with or without notice to you, effective immediately by posting the amended TOU on the Services. The most current version of the TOU will supersede all previous versions. You may also be asked to re-acknowledge and re-accept this TOU following any material changes as determined in our sole discretion.
    2. ACCESS AND USE OF THE SERVICES.

    3.1 Geographic Limitation. VEMOX is primarily available and operated in the United States (“Territory”). VEMOX may be available and operated in other countries during your subscription period and this TOU will be updated accordingly.  We may restrict access to VEMOX in its entirety or partially with respect to certain Content from other countries or locations outsidse the Territory in our sole discretion.You represent and warrant that you are in a location where VEMOX has been made available and will not attempt to access the Services from any other location or through proxy servers located in any other location. We may use technologies to verify your geographic location, and will block access to the Services based on our good faith determination that you are outside the Territory.

    3.2 Age Limitations. You must be 18 years of age or older to become a user of the Services and engage in transactions through the Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a user. While individuals under the age of 18 may utilize the Service, they may do so only with the consent of a parent or legal guardian, under such person's account and otherwise subject to these TOU, the Privacy Policy, and any other posted terms. The Services are targeted to a general audience and are not intended to be purchased or used by children, without involvement, supervision, and approval of a parent or legal guardian.

    3.3 Your License. You are hereby granted a non-exclusive, non-transferable limited license to access the Services for personal, non-commercial purposes as set forth in these TOU. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

    3.4 The Content. We do not promote, condone, or allow the copying of any movies, television shows, or other digitally delivered content, or any other infringing activity. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOU), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by us in writing.

    1. HOW THE SERVICE WORKS.

    4.1 General. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Services. Any description of how our Services work should not be considered a representation or obligation with respect to how the Services will always work. We are constantly making adjustments to our Services and often these adjustments may not be captured within these TOU.

    4.2 Availability. The availability of Content will change from time to time. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be watched, may only be watched for a certain period of time, or may cease to be available for watching instantly, through our Service on some or all devices. Some levels of the Services may allow you to view certain Content live, and such live Content may not be cached or recorded for later viewing and will only be available during the time period in which it is aired. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to watch the Content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience.

    4.3 Devices. You acknowledge and agree that devices to be used to access the Services are manufactured and sold by entities other than us. A device is any electronics equipment that is authorized to decode and capable of decoding television network, and individual movies and TV shows that are transmitted over the Internet through the Service. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICES. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services. Additionally, you agree that for various reasons, such as restrictions from content providers and other limitations from third parties, certain Content that may be accessible through certain devices may not be accessible through other devices, and that the Content may appear differently on different devices. The users with unauthorized devices will be blocked from accessing the Content. You also agree that the number of devices through which you may watch Content may change based on restrictions from content providers and other third parties imposed from time to time, in which case we will provide you with notice regarding such restrictions. EACH ACCOUNT SHALL INCLUDE THREE SEPARATE AND CONCURRENT USERS.  YOU WILL BE ALLOWED TO WATCH CONTENT ON ONE OR MORE DEVICES AT ANY GIVEN TIME. DEVICES WHICH WILL PERMIT ACCESS TO VEMOX, WHICH ARE SUBJECT TO CHANGE FORM TIME TO TIME AS INDICATED IN THIS TERMS OF USE INCLUDE:

    Apple Smartphones: from iPhone 4 to current version. Apple Tablets: iPad3, iPad4, iPad Mini and iPad Air. Android Smartphones: Samsung Galaxy, Samsung Galaxy Note, HTC One, One Mini and Nexus models 4,5 and 6. Android Tablets: Asus Nexus 7, Samsung Galaxy Tab models 2, 3, 4, 8 and 10. Connected Smart TVs: Samsung Orsey & Tizen OS, Samsung Models (from 2013 - 2017), LG NetCast & WebOS OS, LG Models (from 2012 - 2017). Additional devices may be added at any time. Check these TOU for additional devices as they are added.

     

     

    1. OWNERSHIP AND IP RIGHTS. The Services, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Services (the "OLYMPUSAT TELECOM IP"), is the property of OLYMPUSAT TELECOM or its licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. Any OLYMPUSAT TELECOM IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of OLYMPUSAT TELECOM or others. Your use of any OLYMPUSAT TELECOM IP, except as provided in these TOU, without the written permission of the owner of such OLYMPUSAT TELECOM IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent purchase search terms or use any meta-tags or any other "hidden text" utilizing the OLYMPUSAT TELECOM IP. Any images of persons or personalities contained on the Site and in connection with user interfaces are not an indication or endorsement of OLYMPUSAT TELECOM or any particular product or our service unless otherwise indicated.

     

    1. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access, index, frame or link to the Services that is not authorized by us in writing (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
  • involves accessing the Services through any automated means such as "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • results in the viewing of programming in areas open to the public or in commercial establishments or in the rebroadcasting, transmitting or performance of the programming, charging admission for its viewing or transmitting or distributing running accounts of it or violating any additional public performance limitations;
  • uses, transfers, distributes, or disposes of any information contained in the Services in any manner that could complete with the business of OLYMPUSAT TELECOM or any of its affiliates;
  • results in the sending of spam or unsolicited mailings or in the harvesting of information about users for the purpose of sending spam or unsolicited mailings;
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
  • uses the Services to advertise or promote services that are not expressly approved in advance in writing by us;
  • collects personal information in violation of our Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these TOU or any guidelines or policies posted by us;
  • interferes with any other party's use and enjoyment of the Services; or
  • attempts to do any of the foregoing.
    1. MEMBERSHIP AND BILLING.

    7.1 Memberships.. We may offer a number of membership plans with different limitations, fees, and restrictions. We reserve the right to modify, terminate or otherwise amend our offered membership plans. We may change the fees and charges in effect, or add new fees and charges from time to time, upon advanced notice of these changes. Any price change will take effect thirty (30) days after we post to VEMOX and notify you via email.  However, we may not always be able to notify you of changes in any applicable taxes. Any materially different terms from those described in these TOU will be disclosed at your sign-up or in other communications made available to you.

     

    7.2 Charges

    By registering for your VEMOX subscription and providing or designating a payment method (“Payment Method”), you authorize us to charge you a usage fee, usually monthly fee, at the then current rate, and any other charges you may incur in connection with your use of the VEMOX Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed may vary from time to time for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, in a lump-sum amount, or in one or more charges.

     

    VEMOX will be made available for a price or at no charge. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion and without notice to you.  From time to time, we may offer discounts, give-aways and other promotions in our sole and absolute discretion. We may modify or discontinue any of these promotions at any time with 30 days advanced notice to you.  Notice shall be delivered to you via the email you provide during the registration process.  Once posted thereto, you acknowledge, accept and agree that notice shall be deemed given and received by you.

     

    You may cancel your VEMOX subscription at any time, and you will continue to have access to the service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched content.

     

    7.3 Free Trials. From time to time, we may provide you with free trials, free Content, and other special offers. To use these offers, you must have Internet access, and you may be required to have a current valid accepted payment method as indicated during sign-up ("Payment Method") to use the offer. Depending on the offer you choose, we may begin billing your Payment Method for monthly membership fees at the end of the free trial period or promotion, unless you cancel prior to the end of the period. You agree that your Payment Method may be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel (see "Cancellation" below). Such free-trial offers may also be subject to additional terms and conditions provided to you during sign-up.

    7.4 Billing. By starting your membership, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a month in advance of the service month a recurring monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to the Payment Method you provided during registration. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership or your Payment Method fails or expires. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS FOR PARTIALLY USED PERIODS.

    7.5 Credits. At any time, and for any reason, we may provide a discount, credit, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. WE DO NOT PROVIDE REFUNDS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS PRIOR TO THEIR EXPIRATION DATE. However, if you upgrade your membership level midway through a billing cycle, such request will take effect immediately, and the difference in cost will be provided as a credit on your account.

    7.6 Cancellation. Your membership will continue in effect on a month-to-month basis unless and until you properly cancel your membership in accordance with this TOU or the account or service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your applicable membership before it renews each month in order to avoid the next month's billing.. PLEASE NOTE THAT WE DO NOT PROVIDE REFUNDS FOR ANY MEMBERSHIPS CANCELLED MID-PERIOD OR FOR UNWATCHED MOVIES OR SHOWS. To cancel your subscription, please go to the tab “MEMBERSHIPS & SUBSCRIPTIONS” and select “CANCEL” for VEMOX.

    7.7 Suspension/Discontinuation/Termination. We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Services or access to Content at any time, without notice or liability, if we determine in our sole discretion that you have breached these TOU, violated any law, rule or regulation, engaged in other inappropriate conduct, or for any other business reason, including if your use of the Services or access to Content places an undue burden on our networks or servers. We will not be liable to you for any modification, suspension, or discontinuance of the Services, although we may, in our sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days to your account) in accordance with these TOU. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these TOU, then you will not be eligible for any such credit, discount, or other consideration.

     

    1. YOUR PRIVACY. For information about our policies and practices regarding the collection and use of your personal information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these TOU. Thus, by agreeing to these TOU, you agree that your use of the Services is governed by our Privacy Policy in effect at the time of your use. Any personal information submitted through the Service is subject to our Privacy Policy.
    2. THIRD PARTY WEBSITES, ADVERTISING AND APPLICATIONS.

    9.1 Third Party Destinations. If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website other than the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Service, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the Site and then only to the extent provided for herein.

    9.2Advertisements. We take no responsibility for advertisements or any third party material posted on the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.

    9.3 Third Party Applications. You may encounter third-party applications (including, without limitation, social networking websites, plug-ins, widgets, software, or other software utilities) ("Third Party Applications") that interact with or are part of the Services. These Third Party Applications may import data related to your account and use of the Services and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and unless noted otherwise by us, we are not responsible for and do not endorse the content of such Third Party Applications. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY US. By using Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information relating to your account, you are consenting to the information about your account being shared; (ii) your interaction with a Third Party Application may cause personal information, including information about your Content viewing history, to be publicly disclosed and/or associated with you, even if we have not provided such information; (iii) we may send information about you to these Third Party Applications, including information about the Content you view and your activities on the Services; and (iv) your USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN RISK, and you will hold us harmless for the sharing of information relating to your account that results from your use of Third Party Applications. The Third Party Application's terms, privacy policy, and/or any other documentation or materials will govern your use of that Third Party Application. It is possible that you may be able to revoke a Third Party Application's access to your account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Third Party Application depending on its policies. If you have any questions, concerns, complaints, or claims about the Third Party Applications, you should contact the support or contact personnel of the Third Party Application and not us, unless otherwise indicated by us. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY APPLICATIONS.

    10 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

    IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "OLYMPUSAT TELECOM PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OLYMPUSAT TELECOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OLYMPUSAT TELECOM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

     

    1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at dmca@OLYMPUSAT.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:
    Colleen E. Glynn, Esq.
    VEMOX
    c/o OLYMPUSAT TELECOM, LLC
    20 WHITE CLIFF LANE
    NESCONSET, NY 11767
    Telephone: (631) 471-5846
    Fax: (240) 371-7187

    To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.

    12 DISPUTE RESOLUTION AND CLASS ACTION WAIVER.

    PLEASE READ THE FOLLOWING SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

    In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOU, and the formation, validity, enforceability, scope, or applicability of this TOU, including this Section 12 (referred to as a "Claim") will be resolved as follows:

    12.1 Informal Resolution.We will first try to resolve any Claim informally directly between us. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 12.3 and 12.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to VEMOX, c/o OLYMPUSAT TELECOM, INC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401 , and we will send our notice to your billing address.

    12.2 Formal Resolution. Except as provided in Section 12.3 and 12.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this TOU. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

    (i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

    (ii) Send one copy of the demand for arbitration to us.

    12.3 Special Rules.

    (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.

    (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 12 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.

     

    12.4  Time to Bring A Claim:  You agree to work with Olympusat Telecom to resolve any issue that may arise out of the use of this TOU promptly.  However, if we cannot, you expressly agree to bring any claim within one year after the claim arises otherwise the claim is waived.  This limitation applies regardless of which venue this claim is or could be otherwise asserted.

     

    1. GENERAL PROVISIONS

    13.1 Electronic Communications. By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, confirmation e-mails and other transactional information, and information concerning or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.

    13.2 Service Testing. From time to time, we test various aspects of the Services, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and television shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

    13.3 Integration, Amendment, and Severability. Please note that these TOU, including our Privacy Policy, which is incorporated in these TOU, constitute the entire legal agreement between you and us and govern your use of the Services. These TOU operate to the fullest extent permissible by law. If any provision of these TOU is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. In the event of any termination, whether by you or us, Sections 1.2, 1.3, 3, 5, 6, 7, 8, 10, 11, 12, and 13 of these TOU will survive and continue in full force and effect.

    14 CONTACT INFORMATION. If you have any questions about these TOU or the Services, visit VEMOX "Help" Menu or contact us by e-mail at VEMOXSUPPORT@OLYMPUSAT.com

     

CONSOLIDATED COMMUNICATIONS TERMS OF USE

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    1. INTRODUCTION TO SERVICE AND ACCEPTANCE OF TERMS OF USE.

    1.1 Introduction.OLYMPUSAT TELECOM, LLC ("OLYMPUSAT TELECOM," "we", "us") provides an online streaming service offering a selection of television networks and individual movies, television shows, clips and other audiovisual content (collectively, the "Content") through the VEMOX™ platform; located at http://www.vemox.com (the "Site"), and certain mobile applications, smart phones, smart TVs, computer devices or game system platforms that allow you to access the Content (collectively, "Services"). These detailed terms and conditions, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 12 and which incorporate our Privacy Policy (collectively, the "TOU"), govern your use of the Services. It is therefore important that you read and understand these TOU.

    1.2 Acceptance of TOU. To access and enjoy the Services, you, your heirs, and assigns (collectively, "you") must agree to and at all times follow the provisions set forth in these TOU. By using the Services, you accept and agree to be bound by these TOU. Please take a moment to carefully read through these TOU. If you do not agree to these TOU, you should not use the Services.

    1.3 Account and Registration. We require registration to access many parts of the Services. All registration information you submit must be accurate and updated. You may also be able to register to use the Services by logging into your account with your credentials from certain third party platforms or social networking sites, subject to availability now or in the future (including, but not limited to, Amazon and Microsoft). You represent that you are entitled to disclose your third party platform or social network account login information to us and/or grant us access to your third party platform or social network account. Please keep your password used to access the Services confidential. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us immediately by e-mail at VEMOXSUPPORT@OLYMPUSAT.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to keep your registration information (e.g., email address) updated in case we need to contact you.  Users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device, you should log-out and deactivate the device before doing so. If you fail to log out and deactivate your device, subsequent users may be able to access your account information.

    1.4 The Services. Once registered, VEMOX offers  streaming services, which provide access to different types of Content. You may also be able to access some free content even if you have not registered to use the Services.

    References to "Services" throughout these TOU are intended to include all Services available through VEMOX.

     

    1. CHANGES TO THE TOU. We may amend these TOU (including the Privacy Policy) at any time in our discretion, with or without notice to you, effective immediately by posting the amended TOU on the Services. The most current version of the TOU will supersede all previous versions. You may also be asked to re-acknowledge and re-accept this TOU following any material changes as determined in our sole discretion.
    2. ACCESS AND USE OF THE SERVICES.

    3.1 Geographic Limitation. VEMOX is primarily available and operated in the United States (“Territory”). VEMOX may be available and operated in other countries during your subscription period and this TOU will be updated accordingly.  We may restrict access to VEMOX in its entirety or partially with respect to certain Content from other countries or locations outsidse the Territory in our sole discretion.You represent and warrant that you are in a location where VEMOX has been made available and will not attempt to access the Services from any other location or through proxy servers located in any other location. We may use technologies to verify your geographic location, and will block access to the Services based on our good faith determination that you are outside the Territory.

    3.2 Age Limitations. You must be 18 years of age or older to become a user of the Services and engage in transactions through the Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a user. While individuals under the age of 18 may utilize the Service, they may do so only with the consent of a parent or legal guardian, under such person's account and otherwise subject to these TOU, the Privacy Policy, and any other posted terms. The Services are targeted to a general audience and are not intended to be purchased or used by children, without involvement, supervision, and approval of a parent or legal guardian.

    3.3 Your License. You are hereby granted a non-exclusive, non-transferable limited license to access the Services for personal, non-commercial purposes as set forth in these TOU. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

    3.4 The Content. We do not promote, condone, or allow the copying of any movies, television shows, or other digitally delivered content, or any other infringing activity. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means: (i) remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms; and (ii) copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOU), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, without our express written consent. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by us. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by us in writing.

    1. HOW THE SERVICE WORKS.

    4.1 General. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our Services. Any description of how our Services work should not be considered a representation or obligation with respect to how the Services will always work. We are constantly making adjustments to our Services and often these adjustments may not be captured within these TOU.

    4.2 Availability. The availability of Content will change from time to time. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Content may not be watched, may only be watched for a certain period of time, or may cease to be available for watching instantly, through our Service on some or all devices. Some levels of the Services may allow you to view certain Content live, and such live Content may not be cached or recorded for later viewing and will only be available during the time period in which it is aired. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your Internet connection. You must be connected to the Internet at all times to watch the Content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience.

    4.3 Devices. You acknowledge and agree that devices to be used to access the Services are manufactured and sold by entities other than us. A device is any electronics equipment that is authorized to decode and capable of decoding television network, and individual movies and TV shows that are transmitted over the Internet through the Service. AS SUCH, WE DO NOT TAKE RESPONSIBILITY FOR OR OTHERWISE PROVIDE ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICES. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services. Additionally, you agree that for various reasons, such as restrictions from content providers and other limitations from third parties, certain Content that may be accessible through certain devices may not be accessible through other devices, and that the Content may appear differently on different devices. The users with unauthorized devices will be blocked from accessing the Content. You also agree that the number of devices through which you may watch Content may change based on restrictions from content providers and other third parties imposed from time to time, in which case we will provide you with notice regarding such restrictions. EACH ACCOUNT SHALL INCLUDE THREE SEPARATE AND CONCURRENT USERS.  YOU WILL BE ALLOWED TO WATCH CONTENT ON ONE OR MORE DEVICES AT ANY GIVEN TIME. DEVICES WHICH WILL PERMIT ACCESS TO VEMOX, WHICH ARE SUBJECT TO CHANGE FORM TIME TO TIME AS INDICATED IN THIS TERMS OF USE INCLUDE:

    Apple Smartphones: from iPhone 4 to current version. Apple Tablets: iPad3, iPad4, iPad Mini and iPad Air. Android Smartphones: Samsung Galaxy, Samsung Galaxy Note, HTC One, One Mini and Nexus models 4,5 and 6. Android Tablets: Asus Nexus 7, Samsung Galaxy Tab models 2, 3, 4, 8 and 10. Connected Smart TVs: Samsung Orsey & Tizen OS, Samsung Models (from 2013 - 2017), LG NetCast & WebOS OS, LG Models (from 2012 - 2017). Additional devices may be added at any time. Check these TOU for additional devices as they are added.

     

     

    1. OWNERSHIP AND IP RIGHTS. The Services, including all Content, software, user interfaces, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software included on the Services (the "OLYMPUSAT TELECOM IP"), is the property of OLYMPUSAT TELECOM or its licensors or content providers and is protected by United States and international copyright, trademark, trade secret or other intellectual property laws and treaties. Any OLYMPUSAT TELECOM IP that is a trademark, logo, or service mark is also a registered or unregistered trademark of OLYMPUSAT TELECOM or others. Your use of any OLYMPUSAT TELECOM IP, except as provided in these TOU, without the written permission of the owner of such OLYMPUSAT TELECOM IP is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law. For purposes of clarification, you may not, without express written consent purchase search terms or use any meta-tags or any other "hidden text" utilizing the OLYMPUSAT TELECOM IP. Any images of persons or personalities contained on the Site and in connection with user interfaces are not an indication or endorsement of OLYMPUSAT TELECOM or any particular product or our service unless otherwise indicated.
    2. YOUR RESPONSIBILITIES AND RESTRICTIONS ON USE. The following Rules of Conduct apply to the Services. You agree that you will not utilize the Services in a manner that:
  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access, index, frame or link to the Services that is not authorized by us in writing (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
  • involves accessing the Services through any automated means such as "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • results in the viewing of programming in areas open to the public or in commercial establishments or in the rebroadcasting, transmitting or performance of the programming, charging admission for its viewing or transmitting or distributing running accounts of it or violating any additional public performance limitations;
  • uses, transfers, distributes, or disposes of any information contained in the Services in any manner that could complete with the business of OLYMPUSAT TELECOM or any of its affiliates;
  • results in the sending of spam or unsolicited mailings or in the harvesting of information about users for the purpose of sending spam or unsolicited mailings;
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including our servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services;
  • uses the Services to advertise or promote services that are not expressly approved in advance in writing by us;
  • collects personal information in violation of our Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these TOU or any guidelines or policies posted by us;
  • interferes with any other party's use and enjoyment of the Services; or
  • attempts to do any of the foregoing.
    1. MEMBERSHIP AND BILLING.

    7.1 Memberships.. We may offer a number of membership plans with different limitations, fees, and restrictions. We reserve the right to modify, terminate or otherwise amend our offered membership plans. We may change the fees and charges in effect, or add new fees and charges from time to time, upon advanced notice of these changes. Any price change will take effect thirty (30) days after we post to VEMOX and notify you via email.  However, we may not always be able to notify you of changes in any applicable taxes. Any materially different terms from those described in these TOU will be disclosed at your sign-up or in other communications made available to you.

     

    7.2 Charges

    By registering for your VEMOX subscription and providing or designating a payment method (“Payment Method”), you authorize us to charge you a usage fee, usually monthly fee, at the then current rate, and any other charges you may incur in connection with your use of the VEMOX Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed may vary from time to time for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, in a lump-sum amount, or in one or more charges.

     

    VEMOX will be made available for a price or at no charge. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion and without notice to you.  From time to time, we may offer discounts, give-aways and other promotions in our sole and absolute discretion. We may modify or discontinue any of these promotions at any time with 30 days advanced notice to you.  Notice shall be delivered to you via the email you provide during the registration process.  Once posted thereto, you acknowledge, accept and agree that notice shall be deemed given and received by you.

     

    You may cancel your VEMOX subscription at any time, and you will continue to have access to the service through the end of your billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched content.

     

    7.3 Free Trials. From time to time, we may provide you with free trials, free Content, and other special offers. To use these offers, you must have Internet access, and you may be required to have a current valid accepted payment method as indicated during sign-up ("Payment Method") to use the offer. Depending on the offer you choose, we may begin billing your Payment Method for monthly membership fees at the end of the free trial period or promotion, unless you cancel prior to the end of the period. You agree that your Payment Method may be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel (see "Cancellation" below). Such free-trial offers may also be subject to additional terms and conditions provided to you during sign-up.

    7.4 Billing. By starting your membership, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a month in advance of the service month a recurring monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to the Payment Method you provided during registration. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership or your Payment Method fails or expires. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS FOR PARTIALLY USED PERIODS.

    7.5 Credits. At any time, and for any reason, we may provide a discount, credit, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. WE DO NOT PROVIDE REFUNDS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR SHOWS PRIOR TO THEIR EXPIRATION DATE. However, if you upgrade your membership level midway through a billing cycle, such request will take effect immediately, and the difference in cost will be provided as a credit on your account.

    7.6 Cancellation. Your membership will continue in effect on a month-to-month basis unless and until you properly cancel your membership in accordance with this TOU or the account or service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your applicable membership before it renews each month in order to avoid the next month's billing.. PLEASE NOTE THAT WE DO NOT PROVIDE REFUNDS FOR ANY MEMBERSHIPS CANCELLED MID-PERIOD OR FOR UNWATCHED MOVIES OR SHOWS. To cancel your subscription, you must call Customer Service.

    7.7 Suspension/Discontinuation/Termination. We reserve the right to immediately terminate, suspend or otherwise restrict your account or your use of the Services or access to Content at any time, without notice or liability, if we determine in our sole discretion that you have breached these TOU, violated any law, rule or regulation, engaged in other inappropriate conduct, or for any other business reason, including if your use of the Services or access to Content places an undue burden on our networks or servers. We will not be liable to you for any modification, suspension, or discontinuance of the Services, although we may, in our sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days to your account) in accordance with these TOU. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of these TOU, then you will not be eligible for any such credit, discount, or other consideration.

     

     

    1. YOUR PRIVACY. For information about our policies and practices regarding the collection and use of your personal information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these TOU. Thus, by agreeing to these TOU, you agree that your use of the Services is governed by our Privacy Policy in effect at the time of your use. Any personal information submitted through the Service is subject to our Privacy Policy.
    2. THIRD PARTY WEBSITES, ADVERTISING AND APPLICATIONS.

    9.1 Third Party Destinations. If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites or destinations. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website other than the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Service, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the Site and then only to the extent provided for herein.

    9.2Advertisements. We take no responsibility for advertisements or any third party material posted on the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.

    9.3 Third Party Applications. You may encounter third-party applications (including, without limitation, social networking websites, plug-ins, widgets, software, or other software utilities) ("Third Party Applications") that interact with or are part of the Services. These Third Party Applications may import data related to your account and use of the Services and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and unless noted otherwise by us, we are not responsible for and do not endorse the content of such Third Party Applications. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY US. By using Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information relating to your account, you are consenting to the information about your account being shared; (ii) your interaction with a Third Party Application may cause personal information, including information about your Content viewing history, to be publicly disclosed and/or associated with you, even if we have not provided such information; (iii) we may send information about you to these Third Party Applications, including information about the Content you view and your activities on the Services; and (iv) your USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN RISK, and you will hold us harmless for the sharing of information relating to your account that results from your use of Third Party Applications. The Third Party Application's terms, privacy policy, and/or any other documentation or materials will govern your use of that Third Party Application. It is possible that you may be able to revoke a Third Party Application's access to your account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Third Party Application depending on its policies. If you have any questions, concerns, complaints, or claims about the Third Party Applications, you should contact the support or contact personnel of the Third Party Application and not us, unless otherwise indicated by us. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY APPLICATIONS.

    10 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

    IN NO EVENT SHALL WE, OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "OLYMPUSAT TELECOM PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE OLYMPUSAT TELECOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR THE AMOUNT OF $50 (WHICHEVER IS LESS). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OLYMPUSAT TELECOM PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

    11 NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at dmca@OLYMPUSAT.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

    Colleen E. Glynn, Esq.
    VEMOX
    c/o OLYMPUSAT TELECOM, LLC
    20 WHITE CLIFF LANE
    NESCONSET, NY 11767
    Telephone: (631) 471-5846
    Fax: (240) 371-7187

    To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are or are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. We have a policy of terminating repeat infringers in appropriate circumstances.

    12 DISPUTE RESOLUTION AND CLASS ACTION WAIVER.

    PLEASE READ THE FOLLOWING SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

    In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOU, and the formation, validity, enforceability, scope, or applicability of this TOU, including this Section 12 (referred to as a "Claim") will be resolved as follows:

    12.1 Informal Resolution.We will first try to resolve any Claim informally directly between us. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 12.3 and 12.4 below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to VEMOX, c/o OLYMPUSAT TELECOM, INC., 477 S. Rosemary Avenue, Suite #306, West Palm Beach, FL 33401 , and we will send our notice to your billing address.

    12.2 Formal Resolution. Except as provided in Section 12.3 and 12.4, if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this TOU. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, we agree to pay the arbitration initiation fee and any additional deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

    (i) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

    (ii) Send one copy of the demand for arbitration to us.

    12.3 Special Rules.

    (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.

    (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 12 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.

     

    12.4  Time to Bring A Claim:  You agree to work with Olympusat Telecom to resolve any issue that may arise out of the use of this TOU promptly.  However, if we cannot, you expressly agree to bring any claim within one year after the claim arises otherwise the claim is waived.  This limitation applies regardless of which venue this claim is or could be otherwise asserted.

     

    1. GENERAL PROVISIONS

    13.1 Electronic Communications. By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, confirmation e-mails and other transactional information, and information concerning or related to the Services, and may include newsletters and promotional communications from us if you have chosen to receive such communications during sign-up and have not opted out. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to update your personal information immediately upon any change to your email address.

    13.2 Service Testing. From time to time, we test various aspects of the Services, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and television shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

    13.3 Integration, Amendment, and Severability. Please note that these TOU, including our Privacy Policy, which is incorporated in these TOU, constitute the entire legal agreement between you and us and govern your use of the Services. These TOU operate to the fullest extent permissible by law. If any provision of these TOU is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. In the event of any termination, whether by you or us, Sections 1.2, 1.3, 3, 5, 6, 7, 8, 10, 11, 12, and 13 of these TOU will survive and continue in full force and effect.

    14 CONTACT INFORMATION. If you have any questions about these TOU or the Services, visit VEMOX "Help" Menu or contact us by e-mail at VEMOXSUPPORT@OLYMPUSAT.com.

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