Terms and Conditions to use ViVu products in general
Additional Terms and Conditions to use VuRoom plugin to Skype
Terms and Conditions to use ViVu products in general
IMPORTANT-READ CAREFULLY: YOUR USE OF THE ViVu WEBSITE, ViVu SERVICES AND ASSOCIATED SOFTWARE (THE "SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
BY ACCESSING THE ViVu WEBSITE OR BY UTILIZING THE ViVu SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE ViVu SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 13 YEARS OF AGE.
This is a legal agreement ("Agreement") between You and ViVu, Inc. ("ViVu"), for use of the ViVu services which You selected or initiated, which may include other audio, video and web communications services provided by ViVu ("Services"). "You" refers to the individual who registered and/or provided ViVu his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, click the "Cancel" button and do not use or join any meeting supported by, the Services.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. SERVICES. ViVu will provide the Services in accordance with this Agreement. In order to use certain Services You may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. ViVu may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
2. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF YOUR COMMUNICATIONS. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. You agree that You are solely responsible for the content of all visual, written or audible communications ("Content") sent by You or displayed or uploaded by You in using the Services. You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which You reside. ViVu reserves the right to investigate and take appropriate action against anyone who, in ViVu’s sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Services is void where prohibited. Although ViVu is not responsible for any such communications, ViVu may delete any such communications of which ViVu becomes aware, at any time without notice to You. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. You understand and agree that by displaying, exchanging or uploading Content to a ViVu website, transmitting Content using the Services or otherwise providing Content to ViVu, You automatically grant (and warrant and represent You have a right to grant) to ViVu a world-wide, royalty-free, sublicensable (so ViVu affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
3. RESPONSIBILITY FOR CONTENT OF OTHERS. Be advised that other users of the Services (User's) may violate one or more of the above prohibitions, but ViVu assumes no responsibility or liability for such violation. If You become aware of misuse of the Services by any person, please contact ViVu Customer Support at +1 877-411-8488. ViVu may investigate any complaints and violations that come to it's attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, ViVu also reserves the right not to take any action. Under no circumstances will ViVu be liable in any way for any data or other content available on a Site or viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time You are not happy with a Site or the Services or object to any material on a Site, Your sole remedy is to cease using the Site or the Services. ViVu does not endorse and has no control over what Users post or submit to a Site. You acknowledge that ViVu cannot guarantee the accuracy of any information submitted by any User of a Site, nor any identity information about any User. ViVu reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of a Site or Services at any time, for any or no reason, with or without prior notice, and without liability. ViVu reserves the right to investigate and take appropriate action against anyone who, in ViVu’s sole discretion, is suspected of violating this provision, including without limitation, reporting You or any User to law enforcement authorities.
4. ELIGIBILITY. You affirm that You are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to register for or use the Site or Services. If You are older than 13 years of age but younger than 18 years of age, You affirm that Your parent or legal guardian has read and accepted this Agreement. You further affirm that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Although we cannot absolutely control whether minors gain unauthorized access to the Site or Services, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
5. CHARGES. You agree that ViVu may charge to Your credit card or other payment mechanism selected by You and approved by ViVu ("Your Account") all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, conferencing fees, or any other fee or charge associated with Your Account. ViVu may change prices at any time without prior notice. You agree that in the event ViVu is unable to collect the fees owed to ViVu for the Services through Your Account, ViVu may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by ViVu in connection with such collection activity, including collection fees, court costs and attorney's fees. You further agree that ViVu may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
6. LIMITATIONS ON USE. Other than using the Services for conferences or meetings in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and ViVu, the Services may be used for internal business purposes only. You will not reproduce, resell, or distribute the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with ViVu. You will not offer or use the Services on a timeshare or service bureau basis, or use the Services to operate a Web-site or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Sites, Services, or any servers or networks connected to the Services or the Services security systems.
7. PROPRIETARY RIGHTS. ViVu and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("ViVu Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any ViVu Marks, or other proprietary information (including images, text, page layout, or form) of ViVu without express written consent. You may not use any meta tags or any other "hidden text" utilizing ViVu Marks without ViVu'ss express written consent.
9. TERMINATION. You may terminate this Agreement by providing thirty (30) days prior notice to ViVu via mailing ViVu Customer Support at email@example.com. Such termination will be effective on the last day of the then-current term, subject to thirty (30) days prior notice. If You fail to comply with any provision of this Agreement, ViVu may terminate this Agreement immediately without notice. Sections 2 through 15, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control.
10. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
11. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to ViVu, its affiliates, suppliers and any other party authorized by ViVu to resell, distribute, or promote the Services (“Resellers”), and under such circumstances ViVu, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
12. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND ViVu, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ViVu, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. ViVu DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ViVu CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK. You agree to indemnify, defend and hold harmless ViVu, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, ViVu, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
13. Privacy. Use of Sites and the Services is also subject to ViVu's Privacy Statement, located at http://www.ViVu.tv/privacy, which is incorporated into this Agreement by this reference. Additionally, You understand and agree that ViVu may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of certain communications You initiate through the Services.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ViVu OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ViVu, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ViVu’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
15.1 ViVu Software. You may have purchased certain Services which provide access to, and use of, ViVu software ("Software"). In that event, ViVu hereby grants to You a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of the Services in accordance with the terms of this Agreement. You may not use the Software for anything other than as intended by ViVu, and in conjunction with Your lawful use of the Services. You may not use the Software in an attempt to, or in conjunction 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 the copyright laws of any jurisdiction. All rights not expressly granted by ViVu are hereby reserved. You agree that You will not take any action to interfere with ViVu’s ownership of or rights in the Software. ViVu is under no obligation to provide You with any error corrections, updates, upgrades, bug fixes and/or enhancements. You agree that, unless otherwise expressly permitted in this license, You will not: (i) reproduce, republish, display, frame, download (except as expressly authorized herein), 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) 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 (e.g., in an effort to develop other applications or services that provide similar or substitute or complimentary functionality to the Services); (vi) create or use any software other than that authorized by ViVu to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements to which You are a party, or any law; (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 Services; (x) post, transmit, redistribute, upload, or promote any materials that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights and trademarks, (b) contain corrupted files, viruses, or any other similar software files the intent of which is to damage the operation of another’s computer, (c) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable, (d) contain chain letters or pyramid schemes, (e) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, (f) encourage conduct that would constitute a criminal offense, or (g) give rise to civil liability; or (xi) undertake any conduct that, in the judgment of ViVu, restricts or inhibits any other user from using or enjoying the Services or the Software. You will have sole responsibility for the adequate protection and backup of its data and/or equipment used with the Services and the Software. You agree that ViVu may contact You by telephone, electronic mail or otherwise in order to obtain feedback and comments concerning Your or Your Users� experience with the Software and/or the Services. You agree that ViVu is free to use and incorporate in ViVu products and services any suggestions, ideas, recommendations, bug reports, or other feedback that You provide to ViVu without payment of compensation to You.
15.2 Installation and Use of Third Party Services / Applications. Certain Services allow You to trial and use third-party applications and or services ("Third Party Offerings"). Your use of Third Party Offerings will be governed by terms You must accept during the installation or registration process. Questions about the terms should be addressed directly to the Third Party Offering provider. Third Party Offerings may involve the exchange of data with the Services. ViVu is not responsible for Your data outside of the Services or for modifications or deletions of Your data made by third parties or their Third Party Offerings. If You have questions or concerns about the processing or handling of Your data by Third Party Offering providers, please contact those providers directly. You bear all risks associated with using or relying upon Third Party Offerings. ViVu and the Third Party Offering provider does not warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any Third Party Offerings and hereby disclaims all express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, relating to such Third Party Offerings. ViVu and the Third Party Offering provider shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to Your use of or reliance upon any Third Party Offering.
15.3 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Santa Clara County, California.
15.4 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
15.5 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that if You or Your company have agreed to a services agreement with ViVu pursuant to an executed order form, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. ViVu may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. ViVu will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within five (5) business days of posting changes to this Agreement, they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such five-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to ViVu under this Agreement must be provided to the phone number set forth in Section 9 above, or other contact information as provided by ViVu for such purpose. Any and all rights and remedies of ViVu upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on ViVu, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
Additional Terms and Conditions to use VuRoom plugin to Skype
1. Dependency on Skype: VuRoom plugin works on Skype, and so the working of VuRoom plugin is dependent on Skype supporting the requirements of VuRoom plugin. It is understood that VuRoom plugin will cease to work in case Skype ceases to support the requirements of VuRoom plugin.
2. No Warranties: Installing VuRoom plugin enables You to conduct multiparty video conference using Skype. VuRoom plugin makes best use of the resources at users (like computer and internet connection) but cannot guarantee that You will always be able to communicate with other people, nor can VuRoom guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.
3. Content of Communications: VuRoom plugin may occasionally send the text messages to the other Skype users in the conference using Skype text chat feature.
4. New Versions of the VuRoom plugin: ViVu, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the VuRoom plugin. ViVu has no obligation to make available to You any subsequent versions of the VuRoom plugin. You may have to enter into a renewed version of this Agreement, in the event you accept to install and use the new version of the VuRoom plugin.
5. Suspension: ViVu may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the VuRoom plugin, and/or disable any VuRoom plugin You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at ViVu’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
6. No Access to Emergency Services: The VuRoom plugin works with Skype and the access to emergency services is as made available by Skype
7. Entire Agreement: These terms and conditions for VuRoom plugin are in addition to the Terms and Conditions of using ViVu products in general. Nothing in this clause shall exclude or restrict the liability of either You or ViVu arising out of fraud or fraudulent misrepresentation.