Terms & Conditions
Updated December 19th, 2018
IMPORTANT – READ CAREFULLY:
You hereby acknowledge that Company has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that Company has no express or implied obligation to you to announce or introduce the Services. Company may discontinue any the Program or Beta Service at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein.
1.1 Description. Company provides a web-browser based application (website) for indexing meeting recordings. Meeting recordings and indexed content are stored within the Service for users to share and search through. Examples of content indexed include audio and video frames of each recording. Description of the Service may be updated from time to time by Company as the Beta Program progresses (the “Documentation”).
1.2 Feedback. The Services are made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from Company. You acknowledge the importance of communication between Company and you during your use of the Services and hereby agree to receive related correspondence and updates from Company regarding the same. In the event you request to opt out from such communications, your participation in the Beta Program will be subject to cancellation. During the Beta Program, you will be asked to provide feedback regarding your use of the Services and you hereby grant to Company a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any Company product or service (including the Services) at any time at the sole discretion of Company. Company will not publish feedback in a way that is attributable to you without your consent.
1.3 Limitations on Use. Limitations specific to any Service may be contained in the Documentation. You may use the Service pursuant to these terms during any period when the Beta Program is live. When a Beta Program is not live, you will no longer have access to the Services. Company reserves the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you.
1.4 License From Customer. Subject to the Terms, Customer grants Company the non-exclusive non-transferable (except in connection with an assignment) license to copy, store, record, transmit, maintain, display, view, print, or otherwise use Customer data to the extent necessary to provide the service to Customer. Customer agrees that the license to Customer data shall survive the termination of this Agreement for one year, solely for the purpose of storing backup Customer data.
1.6 Your Account. You are responsible for any and all activities that occur under your account, including the accuracy and security of your user name and password. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company shall not be liable for any loss that you may incur as a result of unauthorized use of your password or account, or any other security breach. You may be held liable for losses incurred by Company and/or another party due to unauthorized use of your account or password, or any security breach that results.
1.8 Voice and Data Transmission Charges. You shall be responsible for all fees and charges imposed on you by your telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and data transmission used by you to access and use the Services, if any.
1.9 Acceptable Use Policy. You agree not to, and not to allow your Users, including employees and third parties, to use the Services for an Improper Use, including in a manner that abuses or materially disrupts any aspect of the networks, security systems, Services and/or websites of Company, interferes with the use of the Services by other users; generates or facilitates unsolicited and unauthorized advertising or marketing communications, including spam, and/or violates or facilitates the violation of the legal rights of others; or for an illegal purpose, including the storage or transmission of content infringing the intellectual property rights of others, or to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, defamatory, or otherwise unlawful. You shall not use the Services to intentionally distribute malware, viruses, or any other computer code, files or programs of a destructive or deceptive nature.
1.10 Reverse Engineering. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of Company technology.
2. Copyright. Company respects the intellectual property rights of others. If you believe the Services have been used in a way that constitutes copyright infringement, please notify us as provided in the these Terms. Company reserves the right to delete or disable allegedly infringing content and to terminate the accounts of users who are repeat infringers. Company also reserves the right to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
3. Intellectual Property. You agree that Company owns all legal right, title and interest in and to the Beta Program and the Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Services is granted. Nothing herein gives you a right to use any of Company trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
4. Modification and Termination of the Service. Company reserves the right to modify or terminate the Beta Program or the Services, or your use of the Beta Program or the Services, to limit or deny access to the Services and/or participation in the Beta Program, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.
5. DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR ACCESS TO AND/OR USE OF THE COMPANY BETA PROGRAM OR BETA SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPTUREMYMEETING OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY IS NOT OBLIGATED TO PROVIDE ANY MAINTENANCE, TECHNICAL OR OTHER SUPPORT FOR THE SERVICES..
6. LIMITATION ON LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT CAPTUREMYMEETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAPTUREMYMEETING LIABILITY HEREUNDER IS LIMITED TO $0.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification. You agree to hold harmless and indemnify COMPANY, its affiliates and subsidiaries, officers, directors, agents, and employees (collectively “Company Indemnified Parties”) from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Program and/or Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Company is not obligated to provide any maintenance, technical or other support for the Services. Company will provide you with written notice of such claim, suit or action.
8. Confidential Information. You acknowledge and agree that: (i) subject to sub-paragraph (iv), the successful market launch of commercial versions of the Services requires you to keep all Company data and information discussed and/or made available through or contained in the Beta Program, including, without limitation, the Services (collectively the “Confidential Information”) strictly confidential; (ii) the premature release of any of the Confidential Information would damage Company’s competitive edge and/or intellectual property rights; (iii) the Confidential Information shall not be shared with anyone other than other authorized participants of the same Beta Program; and (iv) only Confidential Information that has been publicly released by Company may be discussed or shown to the public.
9. Compliance with Laws. You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content.
10. Venue; Jurisdiction. The validity, interpretation, construction and performance of these Terms shall be governed by the laws of the State of California (other than their choice-of-law provisions). Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City and County of San Francisco, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, nothing in this Agreement shall bar either Party from obtaining injunctive relief through the Superior Court or Federal Courts of the same jurisdiction. In the event of a collection matter, You waive any obligation of Company to post a bond if seeking injunctive relief for the same.