Policies

Please read these Terms & Conditions and the Samesurf Privacy Policy (collectively, the “Agreement”) before using the Samesurf software and related services (“samesurf”). By installing, using or accessing samesurf (1) as a desktop or mobile browser application; (2) as an embedded technology on a partnered website; (3) on samesurf.com, screensharenow.com and other company owned websites; or (4) via other formats, whether made available to you for free or for a fee (“the Software”), you accept and agree to be bound by this Agreement. If you don’t want to be bound by the Agreement, please terminate your use of the Samesurf Software and do not install, use or access Samesurf. For purposes of this Agreement, the term “Samesurf” also refers to its parent corporation: Samesurf, Inc., a Delaware corporation (“Samesurf”).

Samesurf’s products and services, associated documents (whether in printed or electronic form) and any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) are being licensed (not sold) to you by Samesurf, Inc. For purposes of the Agreement, “Samesurf” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

1. Acceptance of the Terms

In order to use the Software, products and/or Samesurf websites, you must first accept these terms. These terms are accepted by you (a) when you click to accept or agree the terms; or (b) when you use the Software and/or Samesurf websites. We advise you to print a copy of these terms for your records. These terms remain effective from the date of acceptance until terminated by you or Samesurf. You cannot accept these terms if: (a) you are not lawfully entitled to use the Software, products and/or Samesurf websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with Samesurf.

2. Privacy Information

Please note that personally identifiable information collected through Samesurf is subject to the Samesurf Privacy Notice (set forth below), which is incorporated and made as part of this Agreement. It is important to also note that you do not need to register or provide any personally identifying information in order to use Samesurf. When you use or access Samesurf by contacting our servers, Samesurf receives only standard log information including your machine’s IP address and one or more cookies. Please keep in mind that we do not have control over the websites or the privacy practices of the sites you’re visiting. Please carefully consider any website’s privacy practices before visiting that site. You are solely responsible for the online content you visit and/or users you participate with using Samesurf.

Samesurf enables multiple users to browse (and/or screen share) websites and other content together in real-time. It also incorporates complementary components that further enhance these shared experiences. These components include, but are not limited to, tracking cursor movements, sharing screen drawings, text chat, audio & video chat, social chat via integration with other social networking and chat services such as Facebook and Google Talk, single link invites, screen sharing and the transmission of “tweets,” “wall posts,” and other messages through a bevy of social networking services. In order to effectuate these shared experiences, Samesurf’s servers act as a pass through mechanism that coordinates most activities that take place within samesurf sessions; these servers receive and transmit information such as, but not limited to, URLs, cookies and form data (“Coordination Information”) in order to enable multiple users to browse content together. Therefore, like other applications and similar services that enable you to access the Web, the Coordination Information regarding the pages you visit using Samesurf pass through our servers.

With certain exceptions that exist for Samesurf partnered educational institutions where we generally retain personally identifiable data for a shorter period of time (see section marked “Data Retention Policy”), Samesurf generally logs web addresses — known as uniform resource locators (“URLs”) — for the web pages and online content that our users access via samesurf and certain identifiers, such as IP or MAC addresses. These forms of data are retained for the purpose of troubleshooting and diagnosing technical issues and/or for transmitting personalized and relevant advertisements or opportunities to our users.

In coming versions of the Samesurf downloadable applications for desktop and mobile devices (“the Downloadable Applications”), all text you enter in Samesurf’s address bar will be sent to a default search engine. The initial default search engine is selected by Samesurf, and we may change the default search engine in the future without notice to you. The privacy policy of the selected default search engine applies to information sent to it. As an opt-in service, the Samesurf application may also enable you to import apps or browser extension information such as your bookmark data from other services like Google.

When sharing authenticated sites or websites that require logins, it is important to note that you should only share content of this kind with other users you trust and know well. Accordingly, you hereby acknowledge that in visiting and logging into authenticated sites, you may have the ability to pass control to others who are following you in the same session where they are able to access your sensitive account information. As such, you are hereby accepting all responsibility and liability for your decision to share authenticated sites or sites that require logins. You are also fully aware that in sharing authenticated sites and in not taking adequate precautions during these sceanrios, you may enable your followers to perform tasks that may lead to embarrassment, pecuniary loss or other harmful consequences. These consequences include, but are certainly not limited to, the following: (1) Having followers buy items in your account; (2) Having followers post in your account; (3) Having followers view sensitive data in your account; (4) Having followers download documents from within your accounts; and (5) other similar consequences. By using this product, you hereby acknowledge that Samesurf is not responsible for any loss, harm or other negative consequence that you or others may suffer while sharing sites that require logins (authenticated sites). Furthermore, you hereby acknowledge that you will use Samesurf and the ability to share authenticated sites in full compliance with all applicable laws and that you will not violate the terms of service and/or privacy policies of the sites you are sharing via Samesurf.

In utilizing Samesurf for either cobrowsing (“samesurfing”) or screen sharing, you hereby acknowledge that you may be transmitting, distributing or broadcasting either visual or written information to your followers who may be joining you in a session as well as any other individual or entity who is, or may become aware, of said session, and is able to observe, either physically, or through electronic means, said sessions. Accordingly, it’s important that you invite only followers you know well to a Samesurf session (particularly when sharing authenticated websites).

TRANSMITTED AND RECEIVED MATERIAL

You hereby agree that the transmissions, distributions, broadcasts, transfers or other exchange of material in violation of any local, State, or Federal law or regulation using Samesurf is strictly prohibited. The foregoing includes, without limitation, material protected by copyright, trademark, trade secret, patent or other intellectual property right used without proper authorization and material that is obscene, vulgar, defamatory, immoral, pornographic, pedophilic, or otherwise objectionable, constitutes an illegal threat, or a threat to national security or violates any export control laws. Your further hereby agree to be solely responsible for all content, either visual, written, or audible, that is transmitted, distributed, broadcasted or otherwise transferred through Samesurf. You agree that you will not utilize samesurf to harass, libel, threaten, offend, or violate the intellectual property rights of any party or to otherwise criminally or civilly offend another under any applicable local, State, or Federal law.

You hereby agree that you will not utilize Samesurf to send unsolicited e-mail messages or postings, including, without limitation, bulk commercial advertising or informational announcements (otherwise known as “spam”). As such, you further agree that you shall not use Samesurf to (i) disguise your true Internet Protocol address or any other user; (ii) send e-mail messages or postings which are excessive and/or intended to harass or annoy others; or (iii) continue to send e-mail messages or postings to a recipient who has indicate that he or she does not wish to receive same.

INFORMATION STORED ON YOUR COMPUTER AND SITES YOU VISIT

Samesurf records useful information about your browsing history on our cloud servers or on your own computer. This includes (1) Cookies or web storage data deposited on your machine by websites you visit; and (2) a record of downloads you have made from websites. On the Samesurf browser application, you can delete all or portions of this history at any time by either clearing your cache via the “Tools” button or clearing your downloads via selection of the “Downloads” option under the “Tools” button.

On certain instances, Samesurf may serve you and/or your followers (1) targeted and/or other forms of advertising or (2) may utilize online monetization techniques that generate revenue for Samesurf in formats that include, but are certainly not limited to, the following: (a) banner ads; (b) text ads; (c) UI sponsorships; (d) URL redirects (with affiliate insertions); (e) integrated search (CPC); (f) CPA ads; (g) video ads; (h) surveys; (i) affiliate marketing programs; and (j) other forms of monetization. In using Samesurf, you hereby agree that your only remedy in not participating, viewing or interacting with such advertising products is to simply cease your use of our products.

INFORMATION RELATING TO USING APPLICATIONS, EXTENSIONS AND PLUGINS ON SAMESURF

If you install a plug-in on the Samesurf downloadable application, any data processed by the plug-in will be handled in accordance with the policies of the developer of that plug-in.

3. Samesurf Updates and Upgrades

Intentionally Omitted.

4. License and Restrictions

Subject to your compliance with the terms of the Agreement, Samesurf grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and/or use the Software in its various formats on your computer or device in accordance with the Agreement and any applicable law or regulation in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may not make copies of or distribute the Software or electronically transfer the Software from one device to another or over a network. Except and only to the extent expressly permitted under applicable law, you may not, and may not encourage, assist, or authorize any other person to, modify, reverse engineer, decompile, or disassemble the Software, in whole or in part; create any derivative work from or of the Software; or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Software. Unless Samesurf has given you specific written permission to do so, you may not sublicense, assign, or otherwise transfer the Software or your rights to use the Software. All rights not expressly granted in the Agreement are reserved by Samesurf. You may not and you agree not to remove, obscure or alter any copyright notices or other proprietary notices included in the Software. You may not and you agree also note to use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. One or more open source software licenses apply or may in the future apply to certain components of the Software and will govern in the event of a conflict with this Agreement.

The Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using for the limited purpose of facilitating the communication and establishing the connection between Samesurf users. If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

5. Updates and Maintenance

In order to keep Samesurf up-to-date, we may automatically update or upgrade the Software at any time and without notice to you. Further, we may change, suspend or discontinue Samesurf, or any part of Samesurf without notice or liability. If Samesurf elects to provide customer support of any kind, it may terminate that support at any time without notice to you.

From time to time, Samesurf may need to perform maintenance on or upgrade the Software, products or Samesurf websites or the underlying infrastructure that enables you to use the Software, products or samesurf websites. This may require Samesurf to temporarily suspend or limit your use of some or all of the Software, products or samesurf websites until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, product or samesurf website.

Changes to Products Samesurf is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the products and functionality of the Software may vary from time to time. If you do not agree with any changes to the Software and the other products you may terminate your relationship with Samesurf. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain products may be subject to usage limits or geographical restrictions, which may vary from time to time.

6. Content Disclosure

Content of Communications Samesurf is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication or others in the same “room” or “session.” The content of communications is entirely the responsibility of the person from whom such content originated. You also agree and acknowledge that if you choose to log others into any of your online accounts while using the Software, you may be giving those users access to your accounts with the corresponding power to make changes, purchases, posts and other inputs on your account. Accordingly, you should only use Samesurf with users who you know and trust to the highest degree. In addition, you may also be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of your communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate, share, share access to and visit using the Software. In particular, you are responsible for ensuring that you do not submit material or unlawfullly share content or access to accounts (subscription based or otherwise) that are (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. samesurf reserves the right (but shall have no obligation) to decide whether any content that you use or practices that you perform comply with these Terms. Samesurf may in its sole discretion remove such content and/or terminate these Terms and your user account if you use any content that is in breach of these Terms.

Notice and Take-Down If Samesurf receives any notification that any material that you post, upload, edit, host, share and/or publish on the samesurf websites or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Samesurf wishes to remove your User Submission for any reason whatsoever, Samesurf reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by samesurf in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that samesurf is under no obligation to put back such User Submission at any time. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

Unsolicited Ideas Samesurf does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Samesurf through the Samesurf Website or otherwise, you acknowledge and agree that Samesurf shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

Reports Certain parts of the Samesurf websites or the Software may ask for written suggestions or problem reports such as using our feedback form (“Reports”). The Reports shall be deemed the property of Samesurf. Samesurf shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Samesurf will not be treated as confidential and Samesurf shall not be liable for any disclosure of the Reports.

Linking You may link to the Samesurf websites from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Samesurf where none exists. Samesurf may revoke the permission to link to the samesurf websites at any time at its sole discretion.

To the extent that you use or connect to any third party instant messaging services, social networks (such as Facebook or Twitter) or other third-party applications through Samesurf, you agree to comply with all terms and conditions of use for those services.

User Content and Abuse Samesurf allows users to communicate and share information with each other. Samesurf does not verify the qualifications or identity of users and does not evaluate or control exchanges between users. Any content transmitted or actions taken by a user are the sole responsibility of the user and are not to be attributed to Samesurf. Samesurf cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, or legality of anything posted to or sent through samesurf by any user.

Third Party Services Samesurf allows you to access third-party IM services, social networks and applications from the Samesurf “Social Chat” module. It may also contain links to third-party websites and includes advertising for third-party products and services. Samesurf is not responsible for, nor does it guarantee the accuracy or integrity of, the content or services of any third-party website, service, product or application accessible through Samesurf.

Any interactions you have with these third parties are solely between you and such third party. Samesurf is not responsible or liable for any loss or damage of any kind incurred as the result of any dealings with third parties or as the result of the presence of links to such third party websites or services on Samesurf.

Provisions Relating to Third Party Messaging Services Samesurf users can use Samesurf to log into and use their accounts with different third party instant messaging services via the “Social Chat” module. Your use of any third party instant messaging service through Samesurf is subject to the terms and conditions of those services.

Interstate and International use Except for Samesurf partnered educational institutions where data is generally captured for a shorter period of time, you consent to the collection and processing of personal information in the United States. All users understand the potential cross-border nature of communications made using Samesurf and acknowledge that using the Samesurf services may result in interstate and international transmission of data.

Special Provisions Relating to the Integrated Version of Samesurf for Websites and Apps The Samesurf embed version is an embeddable technology that is displayed as a button, footer and/or sidebar on your app or web page (“the Embed Version”). The UI (including the chat modules) for the embed version may cover a portion of the web page that you’re viewing. The Embed Version UI may conflict with other browser extensions or toolbars that are designed to occupy the same space in your browser window. By using the Embed Version, you consent to these conflicts.

NOTICE TO USERS OF SAMESURF PUBLIC ROOMS

Samesurf allows you to embed or link to Samesurf Pubic Rooms in other sites by including links to the Samesurf Public Room page(s) on that site. You understand that linking to or otherwise embedding a Samesurf Public Room in another site is subject to the policies of the receiving site and to the technical capabilities of your browser. Samesurf reserves the right to restrict your access to Samesurf Public Rooms or terminate any embedded Samesurf Public Room under any circumstances.

Samesurf reserves the right to terminate a samesurf Public Room, remove users from a Samesurf Public Room and/or limit the number of embedded copies of a Samesurf room in its sole discretion. Users of Samesurf Public Rooms may not create a link to a samesurf Public Room or otherwise embed or cause to display any instance of any Samesurf Public Room on any website that contains, propagates, or otherwise displays any illegal or patently offensive content.

You understand that no content appearing in any Samesurf Public Room, except for “in-room chat” is hosted or served on the samesurf servers, and that, as a result, Samesurf has no control over the accessibility of content from third party servers, nor does it guarantee the accuracy, quality or integrity of content posted or displayed in any Samesurf Public Room. It is hereby understood that any brands, trademarks, or other intellectual property of any third party that is referenced in the name, content or other component of a public room is not the property of Samesurf and that the inclusion of such intellectual property implies nor is intended to imply an endorsement, involvement or other relationship by and between Samesurf, the public room originator and/or the owner of the subject intellectual property.

7. Quality

Samesurf cannot guarantee that the Software, products or Samesurf websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, products or samesurf Websites, and may result in the failure of your communications. These include, but are not limited to: your local network, firewall, internet service provider, your browser and the public internet. Samesurf takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other similar circumstances.

8. Government End Users

The Software is provided to the U.S. Government as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.

9. Termination via Cessation of Use

You may terminate the Agreement at any time by uninstalling the Software or ceasing your use of Samesurf. In addition, your rights under the Agreement will automatically terminate without notice from Samesurf if you fail to comply with any term of the Agreement or if Samesurf discontinues support of the Software. In case of any termination, you must cease all use of Samesurf in its various formats, including the Software. Samesurf may also terminate your right to use the services at any time, and in such event may modify it to make it inoperable.

10. Disclaimer of Warranties and Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION, USE OF, OR ANY OTHER ACCESS TO SAMESURF IS AT YOUR SOLE RISK. SAMESURF IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AW AND ITS PARTNERS, AFFILIATES, LICENSORS, AND/OR LICENSEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. IN PARTICULAR, AW AND ITS PARTNERS, AFFILIATES, LICENSORS, AND/OR LICENSEES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

No Liability YOU ACKNOWLEDGE AND AGREE THAT SAMESURF WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO SAMESURF, IN CONNECTION WITH OR ARISING FROM YOUR USE OF SAMESURF WEBSITES, OR THE SOFTWARE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR SAMESURF WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR SAMESURF WEBSITES.

Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER SAMESURF NOR ITS PARTNERS, AFFILIATES, LICENSORS, AND/OR LICENSEES WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO SAMESURF, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF SAMESURF, EVEN IF SAMESURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SAMESURF’S AGGREGATE LIABILITY UNDER AGREEMENT WILL BE LIMITED TO THE AGGREGATE FEES YOU PAID AW FOR THE PRECEDING THREE MONTHS PRIOR TO THE ALLEGED AND ACTUAL PROVEN DAMAGES.

11. Your Responsibilities

User Account Prior to your first use of the Samesurf Software, you may be asked to create a User Account and choose a user ID and password. If you do choose to register with Samesurf, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your User Account, the Software, the Samesurf websites or whether you use the software without registering for Samesurf. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Samesurf takes no responsibility for your failure to comply with the obligations in this paragraph 11.

Lawful Use You must use the Software, products and Samesurf websites in accordance with the laws of the jurisdiction in which you are located. In some countries, there are restrictions on the download and use of the Software, products and/or Samesurf websites. It is your responsibility to ensure that you are legally allowed to use the Software, products and/or Samesurf websites in the jurisdiction in which you are located.

Prohibited Use You may not:

(a) intercept or monitor, damage or modify any communication which is not intended for you;

(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, communication or protocols;

(c) send unsolicited communications (also referred to as ‘SPAM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(e) use the Software or Samesurf websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;

(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;

(g) collect or harvest any personally identifiable information, including account names, from the Samesurf Website;

(h) impact or attempt to impact the availability of the Software for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;

(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Samesurf Websites; or

(j) use or misuse any user’s account before, during or after a Samesurf session.

User Submissions Please exercise respect when participating in any features of the Samesurf websites or Software such as forums, Samesurf Public Rooms, email functions, video hosting, online sharing and/or publishing or any other function on the Samesurf websites or of the Samesurf Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Samesurf websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and samesurf has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Samesurf websites or through the Software; (iii) Samesurf does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Samesurf is not responsible for any User Submissions that you may have access to through your use of the Samesurf Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Samesurf does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

In connection with your User Submissions, you represent and warrant that you (i) own or have the necessary licenses, rights, consents, and permissions to use and authorize samesurf to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and (ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If, at any time you choose to upload or post User Submissions to the Samesurf websites or through the Software, you automatically grant Samesurf a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Samesurf websites and Samesurf’s Software and products including for the purpose of promoting or redistributing part or all of the samesurf websites and/or the Software or products, in any and all media now known or hereafter devised. You also hereby grant each user of the Samesurf website and/or Samesurf’s Software or products a non-exclusive license to access your User Submission through the Samesurf website and/or Software or products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Samesurf websites and/or Software or products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

You may not submit or publish through the Samesurf website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or mispresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Samesurf website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Samesurf Website or Software or features that prevent or restrict the use of any content thereof.

No Reselling The Software and products are for your individual use. You shall not resell or commercialize the Software and/or products to any third party.

Export Restrictions The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US, the Software may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. Samesurf is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

12. Proprietary Interests

The Software, products and Samesurf websites contain proprietary and confidential information that is protected by intellectual property laws and treaties. The content and compilation of content included on the Samesurf Websites (excluding User Submissions) such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Samesurf, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without Samesurf’s express permission. Samesurf reserves all rights not expressly granted in the Samesurf websites.

Samesurf retains exclusive ownership of the Software, products and Samesurf websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Samesurf’s intellectual property rights in the Software, products and/or Samesurf websites.

Business Marks. Samesurf™ is a trademark of Samesurf, Inc. Samesurf has registered and filed applications to register its trademarks in many countries worldwide, and will continue to register its trademarks in many others. Samesurf’s trademarks and trade dress may not be used in connection with any product or service that is not Samesurf’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Samesurf. All other trademarks not owned by Samesurf or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Samesurf’s intellectual property (in whole or part) or that is confusingly similar thereto. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

“Google” is a registered trademark of Google Inc.
“Windows Live,” MSN and the Windows Live Messenger icon are registered trademarks of Microsoft Corporation.
“Facebook” is the registered trademark of Facebook, Inc.
“Twitter” is the registered trademark of Twitter, Inc.

It is hereby understood and agreed by the parties that Samesurf is not affiliated with or endorsed by Google Inc., Microsoft Corporation, Facebook, Inc., Twitter, Inc. or any other company whose services are integrated into Samesurf.

13. Pricing and Charges

Charges for Paid For Products. The charges for paid for products will be confirmed to you before you complete a purchase from Samesurf. Samesurf may change the applicable charges payable for the purchase of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new charges will apply to your next purchase after the new charges have been published.

Third Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

14. Third Party Websites Products and Services

Third parties may offer products or services via the Software and/or Samesurf websites, including games, applications, images, ring tones, digital goods, digital services or avatars. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchases or using any third party product or service and Samesurf shall not be responsible for your failure to do so.

Merchants. You acknowledge and agree that any third party product information and pricing that is shown on the Samesurf Websites regarding third party products and services is given to Samesurf by the applicable third party merchant (“Merchant”). The Merchant has the ability to change their pricing or terminate their product availability at anytime. Samesurf is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Samesurf Websites. Samesurf does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Samesurf Websites; (v) links to the Merchants’ websites that are featured on the Samesurf Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

Hyperlinks. The Software and Samesurf websites may include references or hyperlinks to other third party websites. Samesurf is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. It is hereby agreed and understood that Samesurf is not affiliated with, endorsed by or related to in any other respect with such entities.

15. Termination

You may terminate your relationship with Samesurf at any time by requesting closure of your User Account, ceasing to use the Software, products and/or Samesurf websites. Samesurf may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), products or Samesurf websites at any time:

(a) if you are in breach of these Terms;

(b) if Samesurf reasonably suspects that you are using the Software, the products and/or Samesurf websites to break the law or infringe third party rights;

(d) if Samesurf reasonably suspects that you are using our products, Software and/or Samesurf websites fraudulently or that your User Account is being used by a third party fraudulently; and

(e) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Samesurf’s partners;

Access. Samesurf shall effect such termination by preventing your access to your User Account, the Software, products and/or Samesurf Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

Consequences of Termination. Upon termination of your relationship with Samesurf: (a) all licenses and rights to use the Software, products and/or Samesurf websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, products and/or Samesurf websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

16. How to Contact Samesurf

To contact Samesurf in relation to the Samesurf Software or “Samesurf” branded Products, please submit a support request to support@samesurf.com.

17. Miscellaneous

Electronic Communications. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Samesurf.

Entire Agreement. These Terms constitute the entire agreement between you and Samesurf with respect to your use of the Software, products and/or Samesurf websites and replace any prior agreements between you and Samesurf with respect to the Software, products and/or Samesurf websites. If you sign up or register for additional Samesurf services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software.

Validity. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

Not a Waiver. The failure by Samesurf to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Samesurf’s right or remedy. If Samesurf waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

Assignment of Terms. You may not assign these Terms or any rights or obligations contained in them. Samesurf may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

Survivability of Terms past Termination. This paragraph shall survive termination of the Terms.

Force Majeure. You acknowledge and agree that if Samesurf is unable to provide the Software, Products and/or Samesurf Websites as a result of a force majeure event, Samesurf will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Samesurf.

18. Disputes, Applicable Law and Jurisdiction

By accessing Samesurf you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Los Angeles in the State of California, USA and you consent to the personal jurisdiction of those courts. The failure of Samesurf to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

19. Change of Terms

Samesurf reserves the right to modify, suspend, or discontinue the Software, or any part of Samesurf, at any time and without notice to you. Samesurf will not be liable to you should it exercise such right. Samesurf reserves the right to make changes to the Agreement at any time by posting the revised terms on the Samesurf.com website. Your continued use of the Software following any such changes will constitute your acceptance of those changes.

Data Retention Policy

With the exception of certain educational and enterprise customers or institutions, Samesurf generally logs web addresses — known as uniform resource locators (“URLs”) — for the web pages and online content that our users access via Samesurf for 90 days; Samesurf also retains certain identifiers, such as IP or MAC addresses. Even so, Samesurf may elect to delete this or any other information for any reason and at any time in its sole and absolute discretion. These forms of data are retained for the purpose of providing in-depth analytics, troubleshooting and diagnosing technical issues and for the purpose of transmitting personalized and relevant advertisements or opportunities to our users.

Samesurf, Inc. Privacy Policy

What this Privacy Policy Covers

This Privacy Policy applies to all of the websites, software and services offered by Samesurf, Inc.

By visiting, accessing or using Samesurf, you agree to this Privacy Policy.

This Privacy Policy does not apply to any websites, products or services that are not owned or operated by Samesurf or to actions taken by Samesurf users. For example, this Privacy Policy does not apply to third-party websites where the Samesurf functionality appears, to third-party applications that may become available through Samesurf, or to any social networks or IM service providers that you associate with your Samesurf account, all of which are governed by their own privacy policies.

Information that Samesurf Collects

Personally identifiable information

Personally identifiable information is information that can be used to determine your personal identity, such as your name or email address. When you create an account, we ask for your name and email address. If you link your third-party instant messaging (IM) accounts to your Samesurf account, we may also collect your user name for that account, which is also considered personally identifiable information.

With the exception of certain educational and enterprise institutions, Samesurf generally logs web addresses — known as uniform resource locators (“URLs”) — for the web pages and online content that our users access via Samesurf for 90 days; Samesurf also retains certain identifiers, such as IP or MAC addresses. Even so, Samesurf may elect to delete this or any other information for any reason and at any time in its sole and absolute discretion. These forms of data are retained for the purpose of providing in-depth analytics, troubleshooting and diagnosing technical issues and for the purpose of transmitting personalized and relevant advertisements or opportunities to our users.

Optional profile data

Samesurf gives you the opportunity to update your public profile with information about yourself such as your avatar.

Information from the accounts you link to Samesurf

If you connect your Samesurf account to your third-party IM accounts or your social network accounts (e.g., Facebook and Twitter), they may send us information about you, including your name, username at those services, Unique User ID (“UUID”) for those services, friends list, status, profile information, age and gender.

Demographic data

Samesurf may ask for your age and gender at registration and may collect additional demographic information about you, such as your location and interests. Samesurf may receive this information from you or from outside sources, such as websites where the Samesurf functionality is present, ad networks and other providers, or we may make assumptions based on the other information that we collect.

Log data

When you use Samesurf via a browser, mobile application or other application, like most other websites we automatically collect information about you and your activity (known as “log data”), including your Internet Protocol (IP) address, your browser or device type, your mobile device ID, your interactions with Samesurf, your interactions with third party IM and social networks through Samesurf, your geographic region and Samesurf cookies associated with your browser. If you visit a site that has the embedded Samesurf functionality, we also collect information about the website or web page that you view and your interactions with that site.

Email address of friends you invite

If you use the Samesurf feature that allows you to “Add Friends” to use Samesurf or to “Chat with Friends,” we will ask for your friend’s email address but we will only use it to send them the invitation.

Samesurf’s Communication Platforms

Samesurf offers users the ability to communicate with each other through IM, in-room chat, Samesurf Public Rooms, audio & video chat and other mechanisms. Please note that you should never disclose personal information about yourself in a public area like Samesurf Public Rooms. You should never share personal information in a private IM or in any other manner with Samesurf unless it’s with someone you know well and trust.

When you create a Samesurf account, your preferences are set to enable all Samesurf users to send you an IM. By using Samesurf, you consent to the storage of your IM history on Samesurf as the default option and to the storing of your IM history by other users with whom you are chatting or by the Third Party IM Service that you or your friend is using. Samesurf may customize the advertising shown to users based on software analysis of IM chat, Samesurf Room conversations or other data.

Samesurf’s Use of Cookies

Like most websites and web applications, Samesurf uses cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Samesurf does not store personally identifiable information or passwords in its cookies.

We use these cookies to provide you with a better Samesurf experience, such as by recognizing you when you come to Samesurf. We also use cookies to generate aggregate and anonymous data so that we can better understand and analyze how our users utilize Samesurf.

Samesurf also may allow third parties to place cookies on your browser in order to help us with our analytics, to deliver and report on advertising that runs on Samesurf and to measure whether you’ve seen or interacted with an ad on Samesurf or other sites. Samesurf does not allow these third parties to collect any personally identifiable information about you through their cookies on Samesurf. Please note that the cookies that we and our third-party advertising partners set are often used to provide customized advertising to you on Samesurf and on the other websites that you visit.

Samesurf Platform

Samesurf may allow third parties who have entered into an agreement with us to make their applications available through Samesurf. Samesurf may provide these third-parties with information that is part of your public profile. Samesurf requires that these third parties only use this information to provide their applications to you and that they not disclose it to any third party without your consent.

In addition, some of the applications may collect personally identifiable information from you directly. In that case, any information that you provide through the application will be governed by the application owner’s privacy policy, which you should review. Each application owner will be solely responsible for complying with its privacy policy.

Information Usage and Sharing

Usage of information.

Samesurf uses the information it collects (1) to provide you with access to your account; (2) to provide you with the Samesurf services; (3) to enhance and improve the Samesurf services; (4) to recommend to you or other Samesurf users potential friends or websites that may be of interest; (5) to provide customized advertising to you; (6) to conduct research; (7) to determine your geographic location or other demographic information about you; (8) to create reports and to analyze usage patterns; and (9) to contact you via email.

Sharing of information.

Samesurf may share your non-public personally identifiable information with third parties only in the following cases: (1) we may need to share your log-in information with the third-party IM services and networks where you have an account that you have chosen to access through Samesurf in order to permit you to log onto and use that service; (2) with trusted third-party service providers who help us in the operation of Samesurf and who have agreed to maintain the confidentiality of the data; (3) to the third-party applications available through Samesurf, as described under “Samesurf Platform;” (4) when we have your consent; (5) in cases of abusive behavior or suspected violations of the terms of use of Samesurf or of any third-party service accessed through or in association with Samesurf, we may share personal information, including IP address, with that third party in order to investigate the violation and to take appropriate action; (6) where we have a good faith belief that it is required in order to respond to subpoenas, court orders, or other legal process, to prevent fraud or imminent harm, or to establish or exercise our legal rights or defend against legal claims; or (7) in the event that Samesurf is acquired by or merged with another company or transfers substantially all of its assets to another company, Samesurf will transfer all of its user information and data, including information about you, to that other company. Samesurf may share your public information or any anonymous information for any of the purposes described under “Usage of information.”

Emails and Other Notifications

Samesurf reserves the right to send you communications relating to your account and the Samesurf services. You consent to receiving all legally-required notifications from Samesurf through display on Samesurf, through the email associated with your Samesurf account or the email associated with any of your third-party IM services or social networks through which you connect to Samesurf (such as Facebook).

Information Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Nevertheless, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer or when sharing online content of any kind.

Third-Party Advertisers and Links to Other Websites

Our site includes third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these advertisers or third-party Web sites.

These third-party web sites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements directly to your browser or the Samesurf applications in the various formats. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs) and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use and the information practices of these advertisers and third-party Web sites are not covered by this Privacy Notice.

Samesurf also displays personalized third-party advertising based on personal information about customers, such as purchasing history and visits to certain sites. Although Samesurf does not provide any personal information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a personalized advertisement meet their criteria to personalize the ad.

Non-U.S. users; EU Safe Harbor

Samesurf is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Samesurf is being provided to Samesurf solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing Samesurf from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.

Changes to this Privacy Policy

Any changes to this policy will be posted in the policies link in the footer of the following URL: http://www.samesurf.com. We will not use data we collect in a manner that is materially different from promises made in this Privacy Policy without your consent.

Editing and deleting your account information

You can edit certain personal information that you have provided or request that your account be deleted by logging into your Samesurf account and accessing your account settings. Information that was already publicly shared and messages that you previously sent will still be visible in the various places that information is displayed.

Children

Samesurf does not knowingly permit children under 13 to create a Samesurf account, access Samesurf or to use Samesurf Public Rooms. In addition, Samesurf does not store the personal information of users who access their third-party IM accounts and indicate to us that they are under 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information. If you are a parent of a child under 13 and you believe that your child has created a Samesurf account in violation of our policy, please contact us immediately at info@samesurf.com.

Comments and Questions

Samesurf periodically reviews its privacy practices and this privacy policy. We encourage interested persons to raise any concerns by emailing us at info@samesurf.com and we will investigate and attempt to resolve any concerns or complaints.