By making use of CollaborateVideo Corp. (“CollaborateVideo”) services you agree that you will abide by the following terms of service.
ACCEPTANCE OF TERMS
CollaborateVideo provides the CollaborateVideo Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. By accessing and using the CollaborateVideo Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular CollaborateVideo owned or operated services, you and CollaborateVideo shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. CollaborateVideo may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF COLLABORATEVIDEO SERVICES
CollaborateVideo provides users with one or more Video Webcast “Channels” through its network of servers and other infrastructure which may be accessed through any of various media or devices now known or hereafter developed (the “CollaborateVideo Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current CollaborateVideo Services, shall be subject to the TOS. You understand and agree that the CollaborateVideo Services are provided “AS-IS” and that CollaborateVideo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the CollaborateVideo Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the CollaborateVideo Services.
You understand that the technical processing and transmission of the CollaborateVideo Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the CollaborateVideo Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CollaborateVideo Services under the laws of Canada or the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CollaborateVideo Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CollaborateVideo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CollaborateVideo has the right to suspend or terminate your account and refuse any and all current or future use of the CollaborateVideo Services (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the CollaborateVideo Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify CollaborateVideo of any unauthorized use of your password or account or any other breach of security. CollaborateVideo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CollaborateVideo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the CollaborateVideo Services. CollaborateVideo does not control the Content posted via the CollaborateVideo Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CollaborateVideo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the CollaborateVideo Services.
You agree to not use the CollaborateVideo Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable in the sole opinion of CollaborateVideo;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CollaborateVideo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the CollaborateVideo Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the CollaborateVideo Services or servers or networks connected to the CollaborateVideo Services, or disobey any requirements, procedures, policies or regulations of networks connected to the CollaborateVideo Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law or regulation;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) or individuals designated by the Canadian or United States government as a terrorist organization or individual;
You acknowledge that CollaborateVideo may or may not pre-screen Content, but that CollaborateVideo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the CollaborateVideo Services. Without limiting the foregoing, CollaborateVideo and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CollaborateVideo or submitted to CollaborateVideo, including without limitation information in CollaborateVideo Message Boards and in all other parts of the CollaborateVideo Services.
You acknowledge, consent and agree that CollaborateVideo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CollaborateVideo, its users and the public.
You understand that the CollaborateVideo Services and software embodied within the CollaborateVideo Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CollaborateVideo and/or content providers who provide content to the CollaborateVideo Services. You may not attempt to override or circumvent any of the usage rules embedded into the CollaborateVideo Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the CollaborateVideo Services, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the CollaborateVideo Services and transfer, posting and uploading of software, technology, and other technical data via the CollaborateVideo Services may be subject to the export and import laws of Canada and other countries. You agree to comply with all applicable export and import laws and regulations.
You agree to indemnify and hold CollaborateVideo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the CollaborateVideo Services, your use of the CollaborateVideo Services, your connection to the CollaborateVideo Services, your violation of the TOS, or your violation of any rights of another.
You may terminate your CollaborateVideo account, any associated email address and access to the CollaborateVideo Services by submitting such termination request to CollaborateVideo.
You agree that CollaborateVideo may, without prior notice, immediately terminate, limit your access to or suspend your CollaborateVideo account, any associated email address, and access to the CollaborateVideo Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the CollaborateVideo Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the CollaborateVideo Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CollaborateVideo’s sole discretion and that CollaborateVideo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CollaborateVideo Services.
Termination of your CollaborateVideo account includes any or all of the following: (a) removal of access to all or part of the offerings within the CollaborateVideo Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CollaborateVideo Services.
COLLABORATEVIDEO’S PROPRIETARY RIGHTS
You acknowledge and agree that the CollaborateVideo Services and any necessary software used in connection with the CollaborateVideo Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by CollaborateVideo or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the CollaborateVideo Services, such Content or the Software, in whole or in part.
CollaborateVideo grants you a personal, non-transferable and non-exclusive right and license to use the CollaborateVideo Software Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the CollaborateVideo Services. You agree not to access the CollaborateVideo Services by any means other than through the interface that is provided by CollaborateVideo for use in accessing the CollaborateVideo Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE COLLABORATEVIDEO SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE COLLABORATEVIDEO SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLABORATEVIDEO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- COLLABORATEVIDEO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE COLLABORATEVIDEO SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE COLLABORATEVIDEO SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COLLABORATEVIDEO SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COLLABORATEVIDEO SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COLLABORATEVIDEO SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLABORATEVIDEO OR THROUGH OR FROM THE COLLABORATEVIDEO SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLABORATEVIDEO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLABORATEVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COLLABORATEVIDEO SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COLLABORATEVIDEO SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE COLLABORATEVIDEO SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
CollaborateVideo may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the CollaborateVideo Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the CollaborateVideo Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the CollaborateVideo Services in an authorized manner.
You agree that all of CollaborateVideo’s trademarks, trade names, service marks and other CollaborateVideo logos and brand features, and product and service names are trademarks and the property of CollaborateVideo Inc. (the “CollaborateVideo Marks”). Without CollaborateVideo’s prior permission, you agree not to display or use in any manner the CollaborateVideo Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CollaborateVideo respects the intellectual property of others, and we ask our users to do the same. CollaborateVideo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CollaborateVideo’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
CollaborateVideo’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Canadian Webcasting Corporation
646 Island Park Drive
Ottawa, Ontario K1Y 0B7
By phone: 613-860-1544
By Fax: 613-860-1544
By email: copyright@CollaborateVideo.com
Entire Agreement. The TOS constitutes the entire agreement between you and CollaborateVideo and governs your use of the CollaborateVideo Services, superseding any prior version of this TOS between you and CollaborateVideo with respect to the CollaborateVideo Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CollaborateVideo services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and CollaborateVideo each agree that the TOS and the relationship between the parties shall be governed by the laws of the Province of Ontario and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CollaborateVideo, shall be brought exclusively in the courts located in the City of Ottawa, Ontario. You and CollaborateVideo agree to submit to the personal jurisdiction of the courts located within the City of Ottawa, Ontario, 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.
Waiver and Severability of Terms. The failure of CollaborateVideo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CollaborateVideo account is non-transferable and any rights to your CollaborateVideo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CollaborateVideo Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.