Avaguide Terms of Service

By subscribing to Avaguide Service the Customer accepts to use it in compliance with the Terms of Service stated below.

The Avaguide Service is provided by InteliWISE, a joint stock company incorporated under the laws of Poland, with its statutory place of business in Warsaw, Ursynowska Street 72, 02-605 Warsaw, Poland, entered in the register of entrepreneurs in the Warsaw District Court, XIII Commercial Department of the National Court Register under the number 0000297672, with tax id number 525 23 23 343, share capital 548 891,50 zlotys.

Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter:

The "InteliWISE" shall refer to the Service Provider;
The ??�?�?Customer" and/or ??�?�?You??�? shall refer to any natural person or entity that uses the Avaguide Service available on the avaguide.net website.
The ??�?�?Service??�? shall refer to the Avaguide Service, provided by InteliWISE and available on the avaguide.net website.
The ??�?�?Avatar??�? shall refer to any derivative work created by the Customer with the use of the Service especially but no limited with the use of video tutorials, recorded characters, graphics, images and audio clips provided to the Customer on avaguide.net website.

By purchasing, accessing, installing or otherwise using the Service, the Customer agrees to be bound by the provisions of Terms of Service stated herein. InteliWISE reserves at it sole discretion the right to modify and update the provisions of the Terms of Service stated herein. The Customer agrees that their continued use of the Service after such update will constitute their acceptance to be bound by the modified Terms of Service. The most current version of the Terms of Service is available at any time at avaguide.net website.

If the Customer does not agree with the provisions of Terms of Service stated herein, he/she should not use the Service.

1.Customers obligations and Prohibited Practices

The Service is provided to the registered Customers.
On registration to the Service, the Customer is required and agrees to:

a)fill out the registration site with current, complete, and accurate data;
b)maintain and promptly update provided data as current, complete and accurate as possible;
c)choose user name and password;
d)keep the secrecy of the user name and password;
e)choose an account type and a subscription plan;
f)pay all the fees in connection to the use of the Service;
g)involve into the Service only such materials, texts and images that they have full rights to use and publish on the Internet;
h)conform to the rules relating to the use of electronic means of communication and intellectual propriety and ownership rights protection in force in the country of the Customer's residence as well as the US laws and the rules of the European Union. The Customer is obligated to comply with the provisions of Digital Millennium Copyrights Act as well as Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003;
i)represent that he/she either acts as a consumer or entrepreneurs and uses the Service for the purposes of conducted business;
j)comply with the following Terms of Service or its amended version provided on the avaguide.net website.

Upon registration to the Service, the Customer expressly agrees, to receive by the electronic means of the communication, invoices issued by InteliWISE.

The Customer gives their express consent to receive commercial information about products and services of InteliWISE.

The Customer is not allowed to involve into the Service any materials, video tutorials, recorded characters, graphics, images and texts that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.

The Customer realizes that they are solely responsible for the content of any materials, video tutorials, recorded characters, graphics, images and texts involved into the Service, and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind. The Customer expressly agrees that the use of the Service is at their sole risk.

The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service.

The Customer agrees that they shall not engage their use of Service in any activity that concerns advertising, promoting offering and/or selling any goods or services that:

a)are restricted by law, abusive, harassing, defamatory, fraudulent, invasive of another persons' privacy,
b)violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, unfair competition, antidiscrimination or false advertising;
c)victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d)associate any content involved into the Service with adult related material, pornography, child pornography, racism, hatred, profanity, or any material which may be insulting to another person or entity;
e)infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;
f)contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
g)disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice; h)are associated with any form of gambling or lottery type services;
i)market for any controlled drug that requires a prescription from a licensed practitioner; or any over-the-counter drug, or nonprescription drugs; products related to drugs
j)market for nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine; alcohol of any kind;
k)market for medical services, medical aid, medical assistance, medicines;
l)call on minors directly to purchase products or services;
m)encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;
n)take advantage of minors??�?�? inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;

The Customer acknowledges and agrees that the foregoing list of prohibited practice is non-exhaustive and constitutes examples of prohibited behaviors.

The Customer is not entitled to use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service. The Customer is not entitled to use any hardware or software to surreptitiously intercept any system, data or personal information from avaguide.net website. The Customer may not take any action which imposes an unreasonable or disproportionately large load on the website network or other InteliWISE service infrastructure.

InteliWISE reserves, at its sole discretion, the right to refuse access to the avaguide.net website and Service, terminate the Service, remove or edit Avatar in the event the Customer was notified to be using the Service or any other InteliWISE Services for illegal or expressly prohibited practices, or if the Customer was found infringing the Service or any other InteliWISE websites or services.

InteliWISE reserves the right to refuse any and all, current or future, use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these Terms of Service, or arising from custom and other good commercial practices in the Internet.

InteliWISE reserves the right to issue a warning should the Customer be found using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer's account, terminating the Service, and/or reporting the Customer and the incident to proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.

2.Technical Requirements

InteliWISE assures that the Service will work properly on Internet Explorer 6.0, or higher, or Mozilla Firefox web browsers with plugins that allow Flash technology.

InteliWISE guarantees, and you recognize, that the Service will work properly if you have a camera that is recognized by your computer and your browser Flash plugins. Upon uploading video tutorials, recorded characters, graphics, images and texts its format may be adjusted to the requirements of the Service. Such an adjustment might influence the video's quality or other file features.

The data transfer limit is described on the avaguide.net website, in the "Packages|Trial" section. The Customer acknowledges and agrees that after exceeding the transfer limit, the Service Provider, is entitled to amend and adjust technical parameters of the Service and/or refuse Customers' use of the Service.

3.Payments

The Customer is obliged to pay in due time the subscription payment for the use of the Service according to the chosen payment scheme, Avaguide account type and the provisions of Terms of Service.

The subscription payment includes the down payment for the subscription of the chosen Avaguide account type. The Customer agrees to pay the subscription payment as a recurring payment, per the chosen payment scheme. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen Avaguide account type, upon receiving the subscription payment. The recurring payment shall be deducted automatically. The recurring payment will be issued on the first day after the expiration date of the subscription. If the recurring is unsuccessful at that point, InteliWISE will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.

After a 30 day free trial time period the Customer becomes a paid Avaguide Service user of the chosen account type unless he/she notifies InteliWISE to withdraw from the Service. To withdraw from the Service the Customer is obligate to deactivate his/her account within the Service.

The Customer authorizes InteliWISE to process the subscription payment for the chosen account type after the 30 days trial period.

However, if the Customer withdraws from the Service within the first 30 days from the initial registration to the chosen account type no payment shall be calculated.

The amount of the subscription payment is based on the current price list, which is presented on the avaguide.net website.

InteliWISE reserves, at its sole discretion, the right to change the fees for the Service. The actual subscription payment rates are available at avaguide.net website. Upon a change, the new payment plan becomes valid starting from the following payment due date, unless you terminate the Service before that date. A termination notice should be received by InteliWISE within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.

Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt for each payment InteliWISE will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by InteliWISE by the electronic means of communication.

Upon the payment, InteliWISE sends an email to the Customer, containing the payment confirmation receipt and an invoice.

InteliWISE maintains no refund policy.

In the event of not receiving a payment or any other situation which causes failure to receive payment, or any chargeback imposed on InteliWISE that relates to your payment, InteliWISE reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the Customer.

4.Copyright and License

The Service and software as well as all content and derivative works provided on avaguide.net website, are the property of InteliWISE or its content suppliers and protected by Polish, U.S. and international copyright laws.

InteliWISE retains exclusive ownership of any copies of any video tutorials, recorded characters, graphics, images, and audio clips provided on avaguide.net website and licensed under this Terms of Services. InteliWISE hereby grants you a personal, non-exclusive, non-transferable license to use video tutorials, recorded characters, graphics, images, and audio clips provided on avaguide.net website without the right to sub-license, pursuant to the Terms of Service herein.

All video tutorials, recorded characters, graphics, images, and audio clips provided on avaguide.net website are licensed to you, not sold. Audio clips provided to the customer through the service may be played back only within the Service and its derivative works and may not be independently manipulated or copied.

Derivate works can be used solely on a single unified resource locator address ("URLs"). Multiple URLs are not permitted, unless more than a single license is granted to the Customer.

No part of the Service website may be reproduced or transmitted in any form or by any means without written permission from InteliWISE.

5.Trademarks

InteliWISE???? is a registered trademark in the Republic of Poland. InteliWISE???? trademark is propriety of InteliWISE a joint stock company incorporated under the laws of Poland, with its statutory place of business in Warsaw, Ursynowska Street 72, 02-605 Warsaw, Poland.

Avaguide TM is trademark of InteliWISE.

InteliWISE trademarks may not be used in conjunction with other companies' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits InteliWISE, its products and services.

6.Disclaimer of Warranties and Limitation of Liabilities

InteliWISE DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. InteliWISE DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

For breach or default by InteliWISE of any of the provisions of these Terms of Service, InteliWISE's entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by Customer for the Service that is the subject of the claim in one month's immediately preceding the date the Customer notifies InteliWISE of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by InteliWISE to the Customer.

IN NO EVENT WILL InteliWISE NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

InteliWISE shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of Customer to comply with its obligations under the provisions of Terms of Service stated herein.

InteliWISE is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond InteliWISE's reasonable control. Force Majeure events shall be construed as extraordinary events or circumstances beyond the control of InteliWISE such as war, strike, riot and crime, act of nature (flooding, earthquake and volcano).

InteliWISE is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which InteliWISE could not foresee or suspect.

InteliWISE does not own or control other networks, information and systems outside of its own network, nor is InteliWISE responsible for performance or non-performance within such networks. InteliWISE exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the service provided.

InteliWISE may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or Software used to deliver the Service provided that this does not have a material adverse effect on the Service.

The Customer acknowledges that the use of the Service is at Customer's sole risk and InteliWISE is in no way responsible for the conduct of the Customer and/or the content of Avatars created and streamed through the Service.

The Customer hereby indemnifies, and holds harmless, InteliWISE and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgments and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the willful misconduct or negligent acts or omissions of the Customer or the Customer's officers, agents, employees or subcontractors. InteliWISE shall notify Customer as soon as reasonably practical of any such claim, demand or cause of action for which InteliWISE will require such indemnification from Customer. InteliWISE will provide Customer with reasonable information and assistance for Customer to defend such claim, demand, or cause of action.

InteliWISE shall not be responsible for the quality of Avatars created with the use of Service and received by the final recipient.

7.Termination of the Service Agreement

The Customer may terminate the Service at anytime with an effect on the day in which the paid subscription to the Service has expired.

Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Section 3 of these Terms of Service. Any down payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. InteliWISE will not perform any recalculation of the down payment amounts.

InteliWISE reserves, at sole discretion, the right to terminate the Service in the event of not receiving a due payment or a recurring payment.

8.Final Provisions

To perform the Service, InteliWISE collects Customer??�?�?s personal information such as the Customer??�?�?s first name, last name, address, credit card number as well as tax identification number, phone number, or email address, that is not otherwise publicly available. The Customer agrees that InteliWISE shall collect and process their personal information. The Customer agree and acknowledge that information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which InteliWISE maintains offices and/or undertakes commercial activities, including the United States.

InteliWISE reserves the right to modify, add or delete any documents, information, images, graphics or other content appearing on or in connection with the avaguide.net website, including these Terms of Service, at any time without prior notice.

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish Court shall be the governing jurisdiction.