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VAPPS TERMS OF SERVICE
Welcome to the Vapps (http://www.hidefconferencing.com) (Web Site) and any
other web sites or services owned or operated by Vapps (the Vapps Service or
Service). Your access to and use of this Service and its contents are subject
to the following terms and conditions and all applicable laws. BY ACCESSING AND
BROWSING THIS SERVICE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND
CONDITIONS. The following Terms of Use for the Vapps Service is a legal
contract between you, either an individual member or user, or a single entity
(collectively or individually Users), and Vapps regarding your use of the Vapps
Service.
Should you object to any term or condition of these Terms of Service, any
guidelines, or any subsequent modifications thereto or become dissatisfied with
Vapps in any way, your only recourse is to immediately discontinue use of the
Vapps web site and Services.
YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT.
By subscribing to or using the Service (including using any Vapps authorized
free versions or trials), you agree to be bound by these Terms of Service
(TOS). Please read this carefully and save it. This is a legal contract between
you, either an individual of at least 18 years of age or a single entity, and
Vapps regarding your use of the Vapps Service, Services and web site (as
defined throughout this TOS).
IF YOU ARE USING OR OPENING AN ACCOUNT WITH VAPPS ON BEHALF OF A COMPANY,
ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN
AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH
ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH
ORGANIZATION).
Membership in the Services is void where prohibited. Accounts registered by
automated methods are not permitted. You must provide a valid email address and
any other information requested in order to complete the signup process.
Users who have registered with or use the Service accept any applicable Vapps
end user license agreement (Agreement) (by digital signature or otherwise), and
agree to be bound by the following terms and conditions:
MEMBERSHIP.
Vapps is not a telecommunications carrier and does not offer telecommunications
services. You may become a User of the Service by registering for the Vapps authorized
free trial version. As a User, you will have the ability to participate in the
features and services available within the Service. Please see the
www.hidefconferencing.com web site for a description of the service. Please
note that the subscription policies that are disclosed to you in subscribing to
the service, in additional to any applicable Agreement, are deemed part of this
TOS. Please see www.hidefconferencing.com web site for a description of such
policies.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
Use of the Services requires you open an account on the web site. To do so, you
must complete the registration process by providing us with current, complete
and accurate information as prompted by the applicable registration form. You
also will be assigned a password and a user name. You also may be required to
provide secondary authentication through a token or dongle, including but not
limited to other identifying information. You are entirely responsible for
maintaining the confidentiality of your password and account and the security
of any token designated necessary for secondary authentication. Furthermore,
you are entirely responsible for any and all activities that occur under your
account.
You agree to notify Vapps immediately of any unauthorized use of your account
or any other breach of security. Vapps will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you will be held liable for losses
incurred by Vapps or another party due to someone else using your account or
password. No user may access any account on the web site at any time, unless
that user is a registered User or has been named as a licensee through the
purchase of an additional license for the account by the registered User.
INDEMNITY.
You agree to indemnify and hold Vapps, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of your use
of the Service, your violation of any of the terms of this TOS, your breach of
any of the representations and warranties herein, and your violation of any
rights of another.
USE LIMITATION.
You may not modify, copy, distribute, transmit, display, reverse engineer,
reproduce, publish, license, or create derivative works from the Service, or
undertake any other activity which violates the copyright or the exclusive
rights to exploit the benefits of the Service, which are the property of the
Vapps.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB
SITE.
Any and all software comprising the Service, or otherwise transmitted or
transferred, is the copyrighted work of Vapps and/or its licensed suppliers.
Use of the Service is governed by the TOS and any additional Agreements, if
included, which must be digitally signed prior to the purchase of the Service.
The Service is made available for licensing solely for use by Users according
to the Agreement. Any reproduction or redistribution of the Service not in
accordance with the Agreement is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SOFTWARE
COMPRISING THE SERVICE TO OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY THE COMPANY IN ADVANCE.
PRIVACY POLICY.
Use of Vapps, the Service and web site is also governed by our Privacy Policy,
which is incorporated into this TOS by this reference. We require all
users read and understand this Privacy Policy prior to using Vapps Service.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Service, you will not use the Service for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not share your user ID, password and/or token at any time with any
other user. You may not use the Service in any manner that could damage,
disable, overburden, or impair any Vapps server, or the network(s) connected to
any Vapps server, or interfere with any other party's use and enjoyment of any
User Services. You may not attempt to gain unauthorized access to any User
Services, other accounts, computer systems or networks connected to any Vapps
server or to any of the Vapps services, through hacking, password mining, token
modification or any other means. You may not send or store infringing, obscene,
threatening, libelous, or otherwise unlawful or tortuous material, including
material harmful to children or in violation of third party privacy rights. You
may not send or store material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or programs. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Service.
Any of the acts above, or similar or additional unlawful or prohibited acts,
are cause for immediate account termination, per the Termination for Cause
section below.
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING
PROHIBITED CONDUCT:
(i) make unsolicited offers, advertisements, proposals, or send junk mail or
spam to other Users of Vapps. This includes, but is not limited to, unsolicited
advertising, promotional materials, or other solicitation material, bulk
mailing of commercial advertising, chain mail, informational announcements,
charity requests, and petitions for signatures;
(ii) use Vapps 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;
(iii) defame, harass, abuse, threaten or defraud of Users of Vapps, or, as
applicable, post, upload, or distribute any content that is unlawful or that a
reasonable person could deem to be objectionable, offensive, indecent,
pornographic, harassing, threatening, embarrassing, distressing, vulgar,
hateful, racially or ethnically offensive, or otherwise inappropriate;
(iv) share, rent, lease, loan, sell, resell, sublicense, distribute or
otherwise transfer the licenses granted herein;
(v) impersonate any person or entity, falsely claim an affiliation with any
person or entity, or access Vapps accounts of others without permission, forge
another person's digital signature, misrepresent the source, identity, or
content of information transmitted via Vapps, or perform any other similar
fraudulent activity;
(vi) hack, remove, circumvent, disable, damage or otherwise interfere with
security-related features of Vapps, features that prevent or restrict use or
copying of any content accessible through Vapps, or features that enforce
limitations on the use of Vapps, or intentionally interfere with or damage
operation of Vapps or any users enjoyment of them, by any means, including
uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code;
(vii) reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code of Vapps Service or any part thereof; modify, adapt, translate
or create derivative works based upon Vapps or any part thereof, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
TERMINATION FOR CAUSE.
Any violation of the TOS will result in the termination of your account. In the
event of a termination, your account will be disabled and you may not be
granted access to your account or any part of the Vapps Service. You agree and
acknowledge that Vapps has no obligation to retain your data, and may delete
such data, if you have materially breached the TOS and your account has been
terminated.
JURISDICTION AND CHOICE OF LAW.
Vapps is controlled and operated by Vapps and its parent companies,
subsidiaries, and affiliates from its U.S. offices in New Jersey. We make no
representation that materials on any Vapps web site are appropriate or
available for use in any particular location. Those who choose to access a
Vapps web site do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. Any
information or data from this site is further subject to United States export controls. You agree to comply with all export laws and restrictions
and regulations of the United States Department of Commerce or other United
States or other sovereign agency or authority, and not to export, or allow the
export or re-export of any software, technical data or any direct product
thereof in violation of any such restrictions, laws or regulations, or unless
and until all required licenses and authorizations are obtained with respect to
the countries specified in the applicable United States Export Administration
Regulations (or any successor supplement or regulations). The transfer of
certain technical data and commodities may require a license from an agency of
the United States government and/or written assurances by you that you will not
export such software, technical data or commodities to certain foreign
countries without prior approval of such agency. Your rights under this TOS are
contingent on your compliance with this provision.
No software, information or data from this web site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of
Specially Designated Nationals or the U.S. Commerce Departments Table of Deny
Orders. By licensing, downloading or using the information or data, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list or otherwise in
violation of export control laws or regulations.
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the State of New Jersey and the laws of the United States, without giving effect to any principles of conflicts of law. For Users
residing outside the United States of America and using Vapps in another
territory, any dispute or claim arising out of or in connection with this TOS
or your use of Vapps shall be finally settled by binding arbitration in New
Jersey under the Rules of Arbitration of the International Chamber of Commerce
by three arbitrator(s) appointed in accordance with said rules; judgment on the
award rendered by these arbitrators may be entered in any court having
jurisdiction thereof. The parties agree that this arbitration is the exclusive
remedy for any disputes. For Users residing inside the United States of America
and using Vapps in the United States, you agree that any action at law or in
equity arising out of or relating to this TOS or Vapps as an entity will be
filed only in the state or federal courts in and for New Jersey, and you hereby
consent and submit to the personal and exclusive jurisdiction of such courts
for the purposes of litigating any such action.
AMENDMENT.
We reserves the right, at our sole discretion, to amend, change, modify, add,
and/or delete portions of these terms and conditions of use in this TOS at any
time. In the event that we do so, we will notify you of any such change,
modification, addition, and/or deletion by sending you an e-mail at the last
e-mail address that you provided us, and/or by prominently posting notice of
the any such change, modification, addition, and/or deletion on the web sites
covered by these terms and conditions of use. Any such change, modification,
addition, or deletion will be effective upon the earlier of ten (10) calendar
days following our dispatch of an e-mail notice to you or thirty (30) calendar
days following our posting of such notice on the web sites covered by these
terms and conditions of use. Please note that, at all times, you are responsible
for updating your personal information to provide us your current e-mail
address. In the event that the last e-mail address that you have provided us is
not valid, or for any other reason is not capable of delivering to you the
notice described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes, modifications,
additions, and/or deletions described in the notice. Your continued use of
Vapps following the delivery of such notice will constitute assent to any and
all changes to the TOS.
DISCLAIMER OF WARRANTIES.
VAPPS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF VAPPS ,
THE VAPPS SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE, EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE
AGREEMENT.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, LICENSE, DOWNLOAD, OR OTHERWISE
OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH VAPPS OR ANY LINKED SITES AT
YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
LOSS AS A RESULT DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR
LOSS OF DATA THAT RESULTS FROM THE LICENSING, DOWNLOAD OR USE OF SUCH MATERIAL
OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAPPS
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE
THAT THIS DISCLAIMER INCLUDES VAPPS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF VAPPS
IS AT YOUR SOLE RISK.
EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE AGREEMENT, VAPPS AND ANY DATA,
INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, LINKED SITES, PRODUCTS,
SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH VAPPS
ARE PROVIDED ON AN AS IS AND AS AVAILABLE, WITH ALL FAULTS BASIS AND WITHOUT
WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. VAPPS, ITS
SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA,
CONTENT, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH
VAPPS OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR
OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE
CORRECTED.
VAPPS, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LIMITATIONS OF LIABILITY AND DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL VAPPS
OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS,
LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT
LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY
OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER)
ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR
INABILITY TO USE VAPPS, THE VAPPS SERVICES OR ANY LINKED SITES, OR ANY OTHER
INTERACTIONS WITH VAPPS OR OTHER VAPPS USERS, EVEN IF VAPPS OR A VAPPS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN SUCH CASES, VAPPS LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL VAPPS OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR
SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF VAPPS OR YOUR
INTERACTIONS WITH VAPPS OR OTHER VAPPS USERS (WHETHER IN CONTRACT, TORT
INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES
OR OTHERWISE BY THIRD PARTIES OTHER THAN VAPPS AND RECEIVED THROUGH OR
ADVERTISED ON THE VAPPS WEB SITE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT VAPPS HAS OFFERED ITS SERVICES AND ENTERED INTO
THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS
OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK
BETWEEN YOU AND VAPPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU
AND VAPPS. VAPPS WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU
WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A
JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR
EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF
SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE
PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
YOU AND VAPPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SOFTWARE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
MISCELLANEOUS.
Vapps may modify its Services from time to time, for any reason, and without
notice, including the right to terminate with or without notice, without
liability to you, any other user, or any third party. We reserve the right to
modify these TOS from time to time without notice. Please review this TOS from
time to time so that you will be apprised of any changes.
Vapps may provide you with notices, including those regarding changes to Vapps
terms and conditions, by email, regular mail or postings on the Vapps web site.
Notice will be deemed given twenty-four hours after email is sent, unless Vapps
is notified that the email address is invalid. Alternatively, we may give you
legal notice by mail to a postal address, if provided by you through Vapps. In
such case, notice will be deemed given three days after the date of mailing.
Notice posted on Vapps is deemed given 30 days following the initial posting.
The failure of Vapps to exercise or enforce any right or provision of this TOS
will not constitute a waiver of such right or provision. Any waiver of any
provision of the TOS will be effective only if in writing and signed by Vapps.
If any provision of this TOS is held to be unlawful, void, or for any reason
unenforceable, then that provision will be limited or eliminated from this TOS
to the minimum extent necessary and will not affect the validity and
enforceability of any remaining provisions.
This TOS and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Vapps without restriction. Any
assignment attempted to be made in violation of this TOS shall be void.
Upon termination of this TOS, any provision which, by its nature or express
terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not
constitute a part of this TOS, and will not be deemed to limit or affect any of
the provisions hereof. This is the entire agreement between you and Vapps
relating to the subject matter herein and will not be modified except in
writing, signed by both parties, or by a change to this TOS made by Vapps as
set forth above.
COMPLETE AGREEMENT.
This TOS, together with the Agreement, and any and all amendments and
referenced policies, constitutes the complete, final and exclusive embodiment
of the entire agreement between you and Vapps with regard to your use of Vapps
and all of the software, services, text, graphics, audio, video or other
information offered therein.
It is entered into without reliance on any promise or representation, written
or oral, other than those expressly contained herein, and it supersedes any
other warranties or representations and any other written or oral statements
concerning your rights and obligations with respect to Vapps, its predecessors
or successors in interest.
By selecting the check box on the registration page or by clicking "I
ACCEPT", you agree to be bound by this TOS, including the Vapps Privacy
Policy.
Questions about the TOS should be sent to customercare@hidefconferencing.com
Thank you.
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