C

Terms and Conditions

AVM Software, Inc. (“Paltalk”) does not provide PC-to-Phone service or other services provided by the iConnectHere Website, www.iConnectHere.com, (the "Delta Website" or "Delta Site"), which is a place where consumers obtain various communications programs, including the ability to download and use software ("the Software") and services ("the Services") provided by deltathree.com, Inc. (“deltathree”) and/or its affiliate iConnectHere (“iConnectHere”). Paltalk, through its website (the “Paltalk Site”), is acting soley as a link to the Delta Site, which is owned and operated by deltathree, and your use thereof is subject to your compliance with the terms and conditions set forth in iConnectHere’s End User License Agreement and all exhibits thereto. Please read this Agreement, iConnectHere’s End User License Agreement, its Terms and Conditions of Use, and the iConnectHere Privacy Policy (such documents, as the same may be modified or amended, individually may hereinafter be referred to as an “Agreement” and collectively may hereinafter be referred to as the “Agreements”) carefully before accessing or using the Delta Site, Software and Services. Upon access and use of the Delta Site, Software and Services you agree to be bound by all of the terms and conditions set forth in the Agreements. If you do not wish to be bound by the terms and conditions of the Agreements, you may not access or use the Delta Site, Software or Services. Paltalk and Delta may modify its respective Agreement(s) at any time without notice and any such modification shall be deemed effective immediately upon posting of the applicable Agreement. You agree to review the Agreements periodically to be aware of any such modifications and your continued access or use of the Paltalk Site and/or the Delta Site, the Software or Service shall be deemed your conclusive acceptance of the Agreements, as modified.

Paltalk does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Paltalk warrant any connection to or any transmission over the Internet. Paltalk makes no representation or warranty express or implied including but not limited to any warranty of merchantability or fitness for a particular purpose or as to the quality of the call, the reliability of the Services or the ability to use the Services. Use of the Services shall be in accordance with the terms of the Agreements. User agrees to be responsible for payment of all applicable charges incurred as a result of the use of user's iConnectHere debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to deltathree’s verification process, all funds may not be available for immediate use.

2. Information on the Paltalk Site and/or the Delta Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

3. Any links available on the Paltalk website to the Delta Site will enable you to leave the Paltalk Site and link to Delta. The linked site is under the control of Delta and Paltalk is not responsible for the contents of the Delta Site or Service, or any changes or updates to such Delta Site or Service. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

4. Paltalk cannot and does not guarantee or warrant that the files available for downloading from the Delta Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Delta Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Delta Site, Software, Services and the Internet. All Services provided by iConnectHere or deltathree are provided "as is". Paltalk does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties or merchantability or fitness for a particular purpose) with regard to the Services.

5. If you are unsatisfied with the iConnectHere service you have purchased, you may request a return of unused funds by writing to CustomerBilling@iConnectHere.com. A refund may be credited by Delta, in its discretion, for any unused amount in your debit account. An unused amount is any funds left after payment of any monthly recurring charges or usage charges. Although FAQ’s may be posted on the Paltalk Site, any questions should be addressed to Delta by email at the address set forth above. Paltalk is not responsible for refunds or providing services or answering questions relating to the Services.

6. In no event will Paltalk be liable for (i) any incidental, consequential, special, direct or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Delta Site, Software or Services, or any transactions provided on, or hyperlinked, from the Site, even if Paltalk and/or deltathree or their authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information downloaded through, or hyperlinked from, the Delta Site.

7. You agree to indemnify, defend and hold Paltalk, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Paltalk Site, and/or the Delta Site, Software or Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Agreements. The provisions of this paragraph are for the benefit of Paltalk and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Paltalk Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. This Agreement shall be governed and construed in accordance with the laws of the State of New York. You agree that in any legal action or proceeding between you and Paltalk for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in New York, NY and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Paltalk Site and/or the Delta Site, Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Paltalk’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. Paltalk may assign its rights and duties under this Agreement to any party at any time without notice to you.

9. ALL BONUS AND PROMOTIONAL MINUTES WILL EXPIRE THIRTY (30) DAYS AFTER THE RELEVANT PURCHASE OR SIGN-UP DATE. AFTER THE THIRTY (30) DAY PERIOD ALL UNUSED BONUS OR PROMOTIONAL MINUTES WILL BE FORFEITED.

10. Please note that to the extent you use any of the Services, you are responsible for investigating and confirming the rates charged by deltathree and/or iConnectHere and any other charges, fees, costs or expenses that may be incurred by you or charged by deltathree and/or iConnectHere in connection with such Services, including but not limited to connection charges, set-up fees, one-time costs, minimum charges and bad debt charges.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY USING THE PALTALK SITE AND/OR DELTA SITE, SOFTWARE AND SERVICES YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES, EXCEPT AS THE SAME MAY BE MODIFIED FROM TIME TO TIME BY PALTALK.