eZuce Vibe Terms of Service
eZuce Vibe's Terms of Service create an agreement (the "Agreement") between you and eZuce, Inc. with respect to your use of eZuce's cloud-based software platform known as Vibe that enables videoconferencing (including any eZuce-owned and/or -operated website on which the Service resides, the "Service"). If you do not agree to this Agreement, please click the "Cancel"/"Back" button and do not use the Service. If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Service.
1. Access and Registration
To access the Service, you will need your own computer and high-speed internet access. To register, you will need a user name, email address and password (collectively, the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify eZuce of any unauthorized use or breach of your account. If you purchase credits to hold a meeting or if you are hosting a meeting on your own account, you will need to provide credit card information (which will also constitute Registration Information).
2. Data, Information and Privacy
You agree that eZuce may collect, use, process and store information about you and your use of the Service, including the transfer of such information to the United States and/or countries outside the European Economic Area. In addition, information that you submit to eZuce in connection with the Service will be handled in accordance with our privacy statement located athttp://www.ezuce.com/legal/privacy-statement.
3. Your Responsibilities as a eZuce User; License to Your Content
You are responsible for the content of all visual, written or audible communications and any other material ("Content") used in connection with your account. eZuce will not be liable to you or any others for any loss or damages due to your use of the Service. You agree to indemnify, defend and hold harmless eZuce from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of this Section 3.
You agree not to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise deemed objectionable by eZuce.
You agree not to upload, post, email, or transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links" or any other form of solicitation.
You agree not to upload, post, email, transmit or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property or that violates an individual's publicity or privacy rights.
You agree not to upload, download, transmit or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses and permissions from third parties to use, reproduce, publish and display Content belonging to others.
eZuce has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
Other than pursuant to a separate agreement with eZuce, you may not market, distribute and/or sell the Services to any distributor, reseller, OEM customer or other third party that will engage in the promotion thereof or solicitation of sales therefor.
You may be required to download and install eZuce software ("Software"). In that event, eZuce agrees to provide you with a limited, personal, nonexclusive, non-transferable and non-sublicensable license to use the Software in accordance with the terms of this Agreement. You may not use the Software for anything other than as intended by eZuce in connection with your use of the Service. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by eZuce are hereby reserved. You agree not to take any action to interfere with eZuce's or any of its suppliers' ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute or transmit the Software; (ii) redistribute, encumber, sell, rent, lease, loan, sublicense, assign or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter or display in any manner any software or files or parts thereof included as part of the Software; (v) except to the extent expressly permitted under applicable law, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Software or in any way ascertain, decipher or obtain the communications protocols for accessing the Software or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by eZuce to access the Software; (vii) attempt to gain unauthorized access to the Service or the Software or to any account, application, platform, computer system or network associated with the Service or Software; (viii) use the Service or Software in any way that violates this Agreement or any other agreements between you and eZuce or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Service.
Notwithstanding the provisions of the previous paragraph, you understand that the Software contains or is distributed with certain third party computer programs that are publicly available, that are distributed as part of the Software and for which the source code is written by persons or entities other than employees of eZuce or contractors under the direction of eZuce (the "Public Software"). The Public Software is distributed by eZuce "AS IS" and without warranty of any kind. The Public Software and the terms under which it was obtained by eZuce are listed at http://www.ezuce.com/legal/opensource.pdf
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND DISTRIBUTION OF ANY SUCH PUBLIC SOFTWARE IS SUBJECT TO THE TERMS OF THE APPLICABLE PUBLIC SOFTWARE LICENSE(S) AND THAT YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH THE TERMS OF SUCH PUBLIC SOFTWARE LICENSE(S). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, PRIOR TO USING THE PUBLIC SOFTWARE FOR ANY OTHER PURPOSE, AND IN ANY CASE BEFORE COPYING, MODIFYING, OR DISTRIBUTING ANY PUBLIC SOFTWARE, YOU WILL CONFIRM THAT YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO DO SO FROM THE APPLICABLE THIRD PARTY LICENSOR (THE "LICENSOR"), WHICH CONFIRMATION MAY INCLUDE OBTAINING A SEPARATE LICENSE FROM THE LICENSOR EXPRESSLY AUTHORIZING YOU TO DO SO.
5. Availability of the Service
The Service may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. eZuce may make modifications to its features or any services to comply with laws and regulations. eZuce owns all the proprietary rights and interests in the Service.
6. Suspension or Termination of Your Account
You agree that eZuce may suspend or terminate your access to the Service without notice if: (a) eZuce determines that you have violated this Agreement or (b) eZuce is required to do so by any court or government authority in any country.
eZuce may, upon such termination, deactivate or delete your account and any related data, information and files and bar any further access to such data, information and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Service without refund or compensation.
You agree that eZuce has no obligation to monitor your use of the Service but has the right to do so to ensure your compliance with this Agreement or to comply with any law, order or requirement of any court or government authority in any country.
You agree to comply with the following sections of this Agreement even after you are no longer using the Service: Sections 2, 3, 5, 4, 6, 7 (as to amounts due and owing), 8, 9 and 11.
7. Service Fees and Payment
If You have registered to host a meeting on your own account and/or need to purchase credits for a meeting, then You agree that eZuce may charge your credit card or bill you for all amounts due and owing for your use of the Service. eZuce reserves the right to charge interest at the lower of 1% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify eZuce in writing of any disputed fees within fifteen (15) days from the date that your account is charged. eZuce may suspend the Service for nonpayment of undisputed fees. eZuce is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Service. eZuce may discontinue the Service or change the fees for the Service (including adding and deleting features) without notice.
8. No Warranties
To the maximum extent permitted by applicable law, you agree to use the Service at your own risk. You agree that eZuce and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data or any other harm that results from your use of the Service. EZUCE AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. EZUCE AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
9. Limitation of Liability
YOU AGREE THAT EZUCE, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE EVEN IF EZUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EZUCE AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO EZUCE FOR THE SERVICE IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
10. Changes to this Agreement
eZuce may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://www.ezuce.com/legal/vibe-terms-of-service.. If eZuce makes a change to the terms, it will post the revised Agreement at the link above. You agree that your continued use of the Service after this Agreement has been changed means that you have agreed to the changed terms.
11. Other Legal Terms
11.1 Sometimes when you use the Service, you may also use a service or purchase goods provided or offered by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that eZuce shall have no liability or obligation relating to those services or goods.
11.2 You agree to comply with all laws and regulations in connection with your use of the Service, including but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants (i) in a recorded eZuce meeting or event that the meeting or event is being recorded and/or (ii) that Content or personal information is being transferred outside the European Economic Area, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Service where you are located as well as where your meeting invitees are located. You agree that the use of eZuce is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
11.3 This Agreement, including the documents referred to in this Agreement, constitutes the entire agreement regarding the Service and completely replaces any prior agreements. eZuce may assign or delegate its obligations under this Agreement either in whole or in part without your prior consent.
11.4 Neither party will be responsible for failure of performance due to causes beyond its control such as accidents of God, labor disputes, shortage of materials, acts of terrorism, denial of service attacks or unauthorized network intrusions or the stability or availability of the Internet or a portion of the Internet.
11.5 You agree that if eZuce does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of eZuce's rights and that those rights or remedies will still be available to eZuce.
11.6 If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.
11.7 This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions; any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement shall be brought exclusively in the courts located in the County of Los Angeles. You and eZuce agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles, CA and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
11.8 If you believe that eZuce or any user of eZuce has violated a copyright, please contact us at http://www.ezuce.com/legal/copyright/ for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.