VULCAM Terms of Service

 

This VULCAM Terms of Service (this “VToS”) is a legal agreement between you (“User”) and Oy Vulcan Vision Corporation (“Vulcan Vision”), the creator of VULCAM. This VToS covers all the software components of VULCAM (“VULCAM”).

This VToS requires subsequent acceptance of VULCAM End User License Agreement (VEULA) between User and Vulcan Vision. By using VULCAM, both User and Vulcan Vision agree to be bound by the terms and conditions set forth in this VToS.

 

1.    Validity

  1. This VToS is automatically valid upon User registering as VULCAM user.
  2. This VToS is valid beyond the trial period above conditional to the due payment of the annual/monthly VULCAM Subscription.
  3. In the event the annual/monthly VULCAM Subscription has not been duly paid, the use of VULCAM, including its full functionality of VULCAM Software and use of VULCAM CLOUD space is no longer available. Earlier locally saved recordings will not be affected and can still be viewed on VULCAM.

 

2.    Title to VULCAM Software

Vulcan Vision represents and warrants that it has the legal right to enter into and perform its obligations under this VToS, and that use by User of VULCAM Software, in accordance with the terms of this VToS and VEULA, will not infringe upon the intellectual property rights of any third parties.

 

3.    Intellectual Property and Restrictions

All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to VULCAM Software are owned by Vulcan Vision. VULCAM Software is protected by patents, all applicable copyright laws and international treaties.

User or third parties may not reverse engineer, decompile, or disassemble VULCAM Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

 

4.    VULCAM Software License

Under a valid VToS and duly paid VULCAM Subscription (“valid User”), Vulcan Vision grants User the right to use full functionality of VULCAM Software and to use VULCAM CLOUD space up to a maximum of 30GB.

 

5.    VULCAM Software Maintenance

Under a valid VToS, Vulcan Vision will maintain VULCAM Software and provide upgrades and updates to valid User (See section 4.) at no cost.

 

6.    VULCAM Support pages

Under a valid VToS, Vulcan Vision will provide a support web page including technical information, FAQ, and other supporting information. Vulcan Vision will not provide telephone, text message or email support to User.

 

7.    VULCAM CLOUD Space

Under a valid VToS, Vulcan Vision will grant User the right to use VULCAM CLOUD space up to a maximum of 30GB.

User must not, and must not attempt to do any of the following:

  1. publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, or religious, racial or ethnic hatred
  2. violate the law in any way including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others
  3. publish or share materials that User has not obtained permission for, such as a model release, from the subject(s) of the materials

 

8.    Jurisdiction

This VToS shall be deemed to have been made in and shall be construed pursuant to the laws of Republic of Finland, a member of European Union, without regard to conflicts of laws or provisions thereof. Any legal action or proceeding relating to this VToS shall be brought exclusively in courts located in Helsinki, Finland, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this VToS shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This VToS is made within the exclusive jurisdiction of the European Union, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

 

9.    Non-Transferable

This VToS is not assignable or transferable by User without the prior written consent of Vulcan Vision, and any attempt to do so shall be void.

 

10.  Severability

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this VToS shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this VToS shall otherwise remain in full force and effect and enforceable.

 

11.  WARRANTY DISCLAIMER

Vulcan Vision, AUTHOR OF VULCAM SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR VULCAM SOFTWARE. VULCAM SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USER ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF VULCAM SOFTWARE.

 

12.  LIMITATION OF LIABILITY

VULCAN VISION SHALL NOT BE LIABLE TO USER, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH USER ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL VULCAN VISION’S AGGREGATE LIABILITY TO USER, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH USER, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY USER TO VULCAN VISION FOR VULCAM SOFTWARE.

 

13. Amendments

Vulcan Vision reserves the right to amend this agreement from time to time. The User will be notified before each consecutive agreement period.

 

14.  Entire Agreement

This VToS constitutes the entire agreement between Vulcan Vision and User and supersedes all prior understandings of Vulcan Vision and User, including any prior representation, statement, condition, or warranty with respect to the subject matter of this VToS.

For additional information regarding this VToS, please contact:

 

Oy Vulcan Vision Corporation
Annankatu 8 B 41
FI-00120 Helsinki
Finland
info(at)Vulcam.tv [replace (at) with @]

Vulcan Vision, Inc.
3401 Market Street, Suite 200
Philadelphia, PA 19104-3358
USA
info(at)Vulcam.tv [replace (at) with @]

Vulcan Vision Sagl.
Via Circonvallazione 4A
CH-6612 Ascona
Switzerland
info(at)Vulcam.tv [replace (at) with @]