Vokle

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY VOKLE, INC. (“COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://VOKLE.COM (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Rights and Conduct

Rights

As a Vokle user you are entitled to:

The free exchange of information
The right to truth
Being respected equally regardless of culture, race, lifesytles, and beliefs
Being acknowledged according to your participation in the community.

Conduct

Users should behave in an ethical manner with mutual respect to others.
Users may not or should not abuse, harass, threaten, impersonate, or intimidate other users of the community.
Users may not promote any form of pyramid or marketing schemes.

Terms

The following Terms of Use outline your obligations towards benefiting both you and the community atmosphere when using the Vokle website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The Straight Talk: By clicking "Sign Up" you are agreeing that you are at least 18 years of age and agree with the Terms of Use.
The Legal Talk: Vokle Inc. ("Vokle.com", "Vokle", "we" or "us") provides content streaming and social networking services for the sharing of live content and video chat on the Internet (the "Services") by our users through our website accessible at www.vokle.com (the "Site"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service and the other policies posted on the Site or made available via the Service govern your access to and use of the Site and Services, including any content, information, products or services therein.; These Terms of Use are a legal agreement between you, an individual user of at least 18 years of age or a single entity ("You" or, collectively, "Users"), and Vokle and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Vokle Users"). The Vokle Acceptable Use Policy ("AUP") is incorporated herein by reference and to the extent that there are any conflicts between the terms or conditions of our AUP and these Terms of Use, the terms and conditions of these Terms of Service will govern.; YOU UNDERSTAND THAT BY CLICKING THE "REGISTER" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

2. MODIFICATIONS OF TERMS OF USE

The Straight Talk: We will change these terms at any time if necessary (most likely if there is an inappropriate action by a fellow member). By continuing to use the site, you agree to abide by the revised terms of service.
The Legal Talk: Vokle reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. Your continued use of the Vokle.com Service after the posting of changes constitutes your binding acceptance of such changes. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, deactivate your Vokle.com account. By continuing to access or use the Site and Services after Vokle makes any such revision, you agree to be bound by the revised Terms of Service.

3. DESCRIPTION OF SERVICE

The Straight Talk: You are entitled to a really easy way to engage in dialogue with some of the worlds most innovative thinkers, doers, movers, and shakers. Just keep away from doing anything bad, or you're going to put us in a position where we have no choice but to terminate that freedom.; It is not our duty to monitor chats, unless forced to by law. Even then, we'll make sure its not some obscure and unwarranted request.; You admit that you have the right to post whatever it is you decide to post on Vokle.
The Legal Talk: Subject to full compliance with the Terms of Service, Vokle may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Vokle performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news submissions, photographs, images, illustrations, software, audio clips and video clips, and live video streams, also known as the "Content"). Vokle may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Vokle may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.; Without limiting other remedies, Vokle may immediately terminate or suspend your access to the Site and Services and remove any submitted materials from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. In addition, Vokle.com may notify authorities or take any actions it deems appropriate, without notice to you, if Vokle.com suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Vokle.com; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Vokle Users, Vokle or any other third parties or the Site or Services.; Vokle, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on Vokle including, without limitation, the content of any communication that occurs on or through the Vokle video chatting service. Vokle reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be reported as offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but Vokle Inc. is not responsible for any failure or delay in removing such Content.; By Posting Content to Vokle, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute that Content. You or the owner of the Content retain ownership of all rights, title, and interest in Content that you Post to Vokle. You grant Vokle a license to use the Content you post to Vokle. By uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any content to Vokle or on the Site, you hereby grant Vokle a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You will not be compensated for any Content which you Post. You agree that Vokle may publish or otherwise disclose your name, or user name in connection with your Content. Vokle.com will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Vokle, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Vokle to give to Vokle the full benefit of the rights granted to Vokle by you.

4. YOUR REGISTRATION OBLIGATIONS

The Straight Talk: Don't come on here trying to impersonate someone because if you do, chances are we'll have to change or cancel your account.
The Legal Talk: As a condition to using Services, you are required to register with Vokle and select a password and screen name ("Vokle User ID"). You shall provide Vokle with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Vokle account. You may not (i) select or use as a Vokle User ID a name of another person with the intent to impersonate that person; (ii) use as a Vokle User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Vokle User ID a name that is otherwise offensive, vulgar or obscene. Vokle reserves the right to refuse registration of, or cancel a Vokle User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Vokle password.; Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. USER CONDUCT

The Straight Talk: Exercise caution when revealing any personal information to the community, and keep in mind you are responsible for any interactions you have with users. You agree to cooperate with Vokle in case of any suspected activity. You also agree to adhere to the 17 ways to help our community stay positive which are listed below the following paragraph.
The Legal Talk: You are solely responsible for your interactions (including any disputes) with other Vokle.com Users. You understand that Vokle.com does not in any way screen Vokle.com Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Vokle.com Users. You agree to take reasonable precautions in all interactions with other Vokle.com Users, particularly if you decide to meet a Vokle.com User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Vokle.com hereby disclaims any and all liability to you or any third party relating thereto. Vokle.com reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Vokle.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Vokle.com representatives access to any password-protected portions of your Vokle.com account. Vokle.com may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.; By way of example, and not as a limitation, you agree not to use the Services:; To abuse, harass, threaten, impersonate or intimidate other Vokle users; To post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party; Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content; Upload, stream, submit, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site; Use any robot, spider, scraper, or other automated means to access the Vokle.com Service for any purpose or bypass any measures Vokle.com may use to prevent or restrict access to the Vokle.com Service; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Vokle user; To create or submit unwanted email ("Spam") to any other Vokle users or any URL; Use the Vokle.com Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; Upload, stream, submit content or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation; With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; With the intention of artificially inflating or altering the rank, or vote count of content submissions, comments, or any other Vokle service, including by way of creating separate user accounts for the purpose of artificially altering Vokle's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Vokle's services; To advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; Collect or store personal data about other users without their express permission; Modify, adapt, translate or create derivative works based upon the Vokle.com Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; Vokle may remove any Content and Vokle accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@vokle.com.; You are solely responsible for your interactions with other users of the Site. Vokle reserves the right, but has no obligation, to monitor disputes between you and other users. Additionally, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Vokle.com on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Vokle.com. You may be liable for the losses incurred by Vokle.com or others due to any unauthorized use of your Vokle.com Service account.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

The Straight Talk: Vokle is not associated with any sites which are linked in chats and directs users to. All copywrite laws apply for 3rd party sites, and by posting links at Vokle you agree that you own the rights to content and it will be for public domain under Creative Commons. You also agree to abide by the terms of service when posting links to sites.
The Legal Talk: The Site may provide links to third party websites or resources from the Site. By submitting Content, or third party links to Vokle, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by Vokle in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.; You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.; The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the 'look and feel' of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Website Provider or its licensors.; You acknowledge and agree that Vokle.com is not responsible or liable for the availability or accuracy of, and Vokle.com does not endorse, any user sumitted third party websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. COPYRIGHT COMPLAINTS

The Straight Talk: We respect the intellectual property of others, and therefore will look into any alleged infringement and take appropriate actions according to the intellectual property laws listed below in the legal talk.
The Legal Talk: Vokle respects the intellectual property of others. It is Vokle's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Vokle will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Vokle may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Vokle will terminate access for subscribers and account holders who are repeat infringers.; Notifying Vokle of Copyright Infringement: To provide Vokle notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse@Vokle.com that sets forth the information specified by the DMCA ( http://www.onlyright.gov/title17/92chap5.html#512 ). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.; Providing Vokle with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Vokle with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@Vokle.com that sets forth all of the necessary information required by the DMCA ( http://www.onlyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

8. Reporting Abuses to Law Enforcement

The Straight Talk: Keep the site clean. Just because this site is 18 years and older, doesn't mean any type of sexually explicit content is allowed. Vokle will comply with congressional mandate 42 U.S.C. ß 13032.
The Legal Talk: Although the Vokle service is intended for use by adults age 18 and over, sexually explicit content is strictly prohibited on this website. The traffic data and personal information of Vokle Members who post or stream sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws. Vokle fully complies with the Congressional mandate of 42 U.S.C. ß 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit content and other criminal offenses involving children under the age of 18 which appears on Vokle. This includes, but is not limited to, the Posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.; Other types of abuse and violations of our Terms of Service that may compromise the safety of our members which do not fall within the Congressional mandate of 42 U.S.C. ß 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.

9. VOKLE PRIVACY POLICY

The Straight Talk: Be sure to check out the privacy policy at the link provided in the legal talk below.
The Legal Talk: Vokle's current privacy policy is available at http://www.vokle.com/privacy.html (the "Privacy Policy"), which is incorporated by this reference.

10. INDEMNIFICATION

The Straight Talk: You agree to hold both the site and anyone related to Vokle, harmless from any sort of legal claim or fee associated with your use of the site in any way.
The Legal Talk: You agree to defend, indemnify, and hold Vokle.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.

11. WARRANTY DISCLAIMERS

The Straight Talk: We're all about giving people a platform where they can voice out to one another, but just because they have their opinions does not mean we necessarily agree or disagree with them. In addition some people may even drop links in the text chat. We can only tell you to exercise caution when clicking on any links to other websites, and try to understand that we're here to try to promote knowledge and new perspectives by listening to one another, not yelling.
The Legal Talk: You acknowledge that Vokle has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Vokle from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Vokle makes no representations concerning any content contained in or accessed through the Site or Services, and Vokle will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.; Vokle.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vokle.com with respect thereto. Vokle.com will have no responsibility or liability to you or any third party as a result of your video chat streaming activities and you are solely responsible for any video chat streaming you do in connection with or via the Site or Services.

12. LINKS

The Straight Talk: Vokle is not responsible or liable for any links posted by you or others, nor for any damage or loss caused by or in connection with the sites linked to.
The Legal Talk: The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vokle has no control over such sites and resources, you acknowledge and agree that Vokle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Vokle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. LIMITATION OF LIABILITY

The Straight Talk: In no event can Vokle be held liable in any way as expressed in the legal talk below.
The Legal Talk: IN NO EVENT WILL VOKLE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Vokle.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL Vokle.com'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

14. TERMINATION

The Straight Talk: Vokle reserves the right to terminate your service and account if you breach any of the Terms of Service.
The Legal Talk: Vokle may terminate or suspend any and all Services and your Vokle account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Vokle account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. MISCELLANEOUS

The Straight Talk: These Terms of Service stand for just that, Terms of Service. Vokle is not liable for anything beyond it's control.
The Legal Talk: No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Vokle in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Vokle shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vokle's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Vokle's prior written consent. Vokle may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Vokle's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Los Angeles, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

16. Ownership; Proprietary Rights.

The Straight Talk: Everything at Vokle is protected by all sorts of trademarks and copyright laws as listed below. You agree to not copy it.
The Legal Talk: The Vokle.com Service is owned and operated by Vokle Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Vokle.com Service provided by Vokle.com (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any webcasts, video chat stream, or content that are provided and owned by Users, all Materials contained on the Vokle.com Service are the property of Vokle.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Vokle.com or its affiliates and/or third-party licensors. Vokle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Vokle icon pack may used by partner and third party sites in connection with providing appropriate RSS feeds to the Vokle site. Except as expressly authorized by Vokle.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Vokle.com reserves all rights not expressly granted in this Terms of Service.

17. Reservation of Rights.

The Straight Talk: Vokle reserves all rights not stated in this Terms of Service.
The Legal Talk: Vokle.com reserves all rights not expressly granted in this Terms of Service.

18. Disclosures.

The Straight Talk: This new service is offered by Vokle Inc. We're in California, but shoot us an email or a tweet to see if you may get a hint of the next event we'll be in.
The Legal Talk: The services are offered by Vokle.com, Inc., located at: 2006 Montana Ave. Santa Monica, CA and email: contact@vokle.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

19. Feedback.

The Straight Talk: We value your feed back. It is a community site and you are a part of it. Shoot us an email and tell us a bit about yourself and your thoughts!
The Legal Talk: Your feedback is welcome and encouraged. You may submit feedback by emailing us at contact@Vokle.com or through the in-site feedback or contact form. You agree, however, that: (i) by submitting unsolicited ideas to Vokle.com or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Vokle.com or any of its employees or representatives automatically become the property of Vokle.com. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Vokle.com together with all intellectual property rights therein.