Last updated: March 8, 2019
This agreement (“Terms of Service” and/or “Agreement”) is entered into between Pexip AS (the owner and operator of the Videxio service and all Videxio branded products) , all of its subsidiaries and all of its parent companies (collectively referred to as “Pexip,” “we,” and/or “us”) and the individual or entity that accesses and/or uses the “Videxio Service” (defined herein) provided by Pexip, including without limitation, any employee, independent contractor, invitee or agent of such individual or entity whether or not a “subscriber” to the Videxio service, or if the services have been paid for by anyone (“User,” “you,” and/or “your”).
THIS AGREEMENT COVERS CREATING A REGISTERED VIDEXIO ACCOUNT AND THE USE OF THE “VIDEXIO SERVICE” (INCLUDING VIDEXIO BRANDED PRODUCTS AND SOFTWARE DOWNLOADS). BY ACCESSING AND / OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
BY CREATING YOUR ACCOUNT, ACCESSING AND / OR USING THE VIDEXIO SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
BY CREATING YOUR ACCOUNT, YOU REPRESENT THAT YOU HAVE EITHER:
(i) Reached the age of "majority" where you live
(ii) Have valid parent or legal guardian consent to be bound by this agreement.
If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an account. If you are the parent or legal guardian of a minor that creates an account, you accept these Terms on the minor’s behalf and are responsible for all use of the account or services, including purchases, whether the minor’s account is now open or created later.
As the owner and operator of the Videxio service and brand, Pexip may, at any time, modify this agreement without prior notice. Continued use of the Videxio service will be conditional upon the version of this agreement that is in effect at the time of your use. By accessing and/or using the service you are agreeing to be bound by this agreement. You are urged to read carefully this entire agreement and print and retain a copy for your records. If you do not agree to all of the terms and conditions contained in this agreement, you are not authorized to, and should not access or use, the services described.
2. Use of Your Account by Others
If you intend to authorize employees and / or other Persons to use the Videxio service through your Account, you hereby agree to these Terms of Service whether or not you personally use the Videxio service, and you further agree to:
- Cause all other Persons who access the service through your account to comply with this Agreement
- Pay all amounts due for the service used under your account
3. Non-Ownership of Services
Your use of the Videxio service is licensed and not sold to you solely for your use under the terms and conditions of this agreement and the license granted herein. Pexip retains all rights, titles, and interest relating to or embodied in the Videxio services, including without limitation all intellectual property rights, technology, know-how and copies relating thereto.
You hereby agree to promptly enter into any further agreements required by Pexip to legally or commercially document, perfect or retain such ownership, including without limitation, if applicable, ensuring that any of your employees and contractors do the same.
4. The Videxio Brand and Ownership of "Marks"
All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Videxio service (collectively, the “Marks”) are the property of Pexip or its Affiliates.
Pexip and its Affiliates retain all right, title, and interest in, and to, the Marks, including all intellectual property rights. You may not remove from, add to, or alter any portion of the Marks, copyright notices or other proprietary rights or markings associated with the Videxio service. You are prohibited from using any of the Marks for any purpose without Pexip’s prior express written consent.
5. License of Content
6. Content disclaimers
Pexip does not verify or endorse any content. Pexip does not represent or endorse the accuracy or reliability of any content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. Any Content placed on the Site represents solely the views of the publisher of the Content and does not represent the views of Pexip. You are solely responsible for your Content including, if desired by you, the making and keeping of back-up copies of any or all Content.
Pexip has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content (whether or not processed by the service), or the security, privacy, storage or transmission of other communications originating from any Conference or involving use of the Videxio service.
7. User Representations, Warranties and Covenants
With the knowledge and understanding that Pexip and its Affiliates will rely on the following representations, warranties, and covenants by you, which you will ensure remain true and correct at all times during the life of this Agreement, you hereby represent, warrant, and covenant that:
A. Use of Videxio Service
(i) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder including, without limitation, having a valid license to use the applications that facilitate a Conference and/or generate Content.
(ii) Your ability to access and use the Videxio service may require the payment of third-party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or internet service provider fees and/or fees or taxes imposed on internet services, including any sales or use taxes by governmental agencies) and that Pexip shall not be responsible for paying any such fees, charges and taxes.
(iii) To gain access to and use the Videxio service (other than to merely browse publicly-accessible areas of the Site), you will be required to provide an email address and to create a login and password (collectively, “login information”). You are solely responsible for all activity occurring under your login Information. You must keep your login information confidential and must not share your login information with third parties.
Pexip has no obligation or responsibility with regard to your use, distribution, disclosure or management of login information. Notwithstanding the foregoing, Pexip may require you to change your login information if such login information is inconsistent with the terms of this Agreement. You agree that Pexip may act in reliance, without investigation, upon any of your login information. We will not be required to inquire into the truth or evaluate the merits of any of your login information or any statement or representation contained in any notice, document or other communication presented or otherwise transmitted by you.
Any Person using your Login Information is conclusively deemed to have actual authority to engage in transactions using the service and, accordingly, all transactions made by a Person using your Login Information are hereby authorized and approved by you, and you hereby agree to indemnify, defend, and hold Pexip harmless from any claims or damages arising from or relating to any such transactions.
(iv) You acknowledge and agree that your use of the service may require equipment and/or software that you may need to access or use the service, and that Pexip shall not provide or be responsible in any way for such equipment and/or software.
(i) You are the owner or authorized user of all Content related to your use of the service.
(ii) Unless you have all requisite rights to submit and use Personal Information and other Content in connection with a Conference (whether belonging to you, to another participant in a Conference, or any third party), you acknowledge and agree that you will not submit such Content or information to the Site or to otherwise use such Content in any manner that involves the Videxio service.
(iii) You will not publish, post, upload, record, link to or otherwise distribute or transmit any Content that:
- Infringes or violates, or would infringe or violate, any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary right of Pexip or any other Person
- Infringes or violates any rights of publicity or privacy of any Person
- Violates any applicable law, statute, ordinance or regulation (including without limitation applicable laws and regulations concerning anti-discrimination, export controls, false advertising or unfair competition)
- Promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material
- Is harmful to minors
- Contains corrupted files, trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with any data, information, property or system of another Person or that may damage or interfere with the service
- Is materially false, misleading or inaccurate; advocates, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity
- Attempts to mislead others about your identity or the origin of any message or other communication, impersonates or otherwise misrepresents your affiliation with Pexip or any other Person, or is otherwise false, misleading or inaccurate
- Or contains information for which you do not have the right to permit Pexip to collect and process.
C. Legal Compliance
(i) You have the full power and authority to grant all licenses and other rights to third party property (including third party intellectual property) that are granted or required to be granted by you to Pexip and its Affiliates pursuant to this Agreement.
(ii) You are solely responsible for your familiarity and compliance with any and all laws that may prohibit you from accessing or using any part or all of the Videxio service or from participating in any Conference or that may limit or regulate such participation or use.
(iii) You agree not to use the Videxio service for any illegal purpose.
(iv) You agree to comply with all applicable local, state, national and international laws and regulations, including without limitation laws relating to intercepting, monitoring or recording communications, privacy and data protection, and public displays or performances. You further agree that neither this Agreement nor any other right or remedy of Pexip requires Pexip to exercise any right or remedy in order to benefit or protect you or any other Person, although Pexip reserves the right to do so in its sole discretion.
D. Payments By You
The payment information supplied to Pexip by you (if applicable) is, and
shall at all times during the life of this Agreement, be true, accurate and
complete. You agree that payments made by you to Pexip and Affiliates will be honored by the financial entity facilitating the payment on your behalf. If any payment is not so honored, you remain liable for payment of all amounts due under this Agreement. You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Videxio service, and that the cost of future renewals for the Videxio service may increase.
E. Unauthorized Use
You acknowledge and agree that any unauthorized use, copying or distribution of the Videxio service is expressly prohibited by law and by this Agreement and may
result in severe civil and criminal penalties against you. Violators will be
prosecuted by Pexip to the maximum extent possible. Without limitation, you
agree not to engage in any of the following unauthorized uses:
(i) Attempt to gain unauthorized access to the Videxio service, or to other Accounts, computer systems or networks connected to the Videxio service, whether through hacking, password mining or any other means.
(ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
(iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Videxio service.
(iv) Engage in any extraction of data or data fields, including without limitation email addresses.
(v) Disrupt, interfere with or inhibit any other Person's use and enjoyment of the Videxio service.
(vi) Violate the rights of Pexip or any third party, including
without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Pexip or any third party.
(vii) Use any Pexip-owned domain name as a false return email address.
(viii) Use the Pexip or Videxio name to advertise, market or sell any type of goods or services or imply in any type of communication that Pexip or the Videxio service endorses or is associated with such goods and services unless Pexip has given its prior written consent for such activity.
(ix) Access and/or use the Videxio service or any type of software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt the service, Pexip servers and/or any network connected to the service.
F. Contacts Interface
You acknowledge and agree that Pexip may obtain and record information about your contacts, your use of, and availability on the Videxio service at any given time, among other information.
8. Updates and Amendments
i) You hereby authorize Pexip to automatically and in good faith transmit, access, install and otherwise provide Updates from time to time, without further notice to you or need for consent from you.
iv) Notwithstanding anything in this Agreement to the contrary, if Pexip posts amendments to the Terms of Service on the Site, such terms will automatically become effective, shall be incorporated into this Agreement immediately, and where inconsistent with any other terms and conditions of this Agreement shall supersede any such conflicting terms or conditions.
v) By using the Videxio service after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.
9. Security of Communications
You acknowledge and agree that the Videxio service is conducted and provided by Pexip electronically, through the internet, and that Pexip cannot guarantee the security or privacy of any electronic communications in which you participate.
iv) You acknowledge and agree that Pexip may receive, share and transfer information arising from your use of the Videxio service (including without limitation Personal Information), whether arising from Conferences or otherwise, with relevant service providers such as telecommunications providers and with government entities.
v) You agree that Pexip shall bear no liability to you for any such receipt, sharing or transfer.
B. Disclosure of Personal Information
i) Pexip may at any time without notice and in its sole discretion terminate access to, or use of, any area of the Site where information is posted or submitted, or may disclose any information related to your access to and use of the Videxio service or the substance of any of your posted or submitted information as Pexip deems necessary, including without limitation to comply with applicable law, regulation, legal process or governmental request.
ii) You agree to use extra care when disclosing any Personal Information about yourself or your organization in any Conference or when posting or otherwise submitting any information to the Site or in any Conference, including Personal Information.
iii) All required registration information that you provide to Pexip must be current, complete, and accurate and must be kept up to date with Pexip on a prompt, timely basis.
iv) If your use of and access to the Videxio service includes password-restricted access to your sensitive information (such as, for example, customer lists and contractual terms), then by accessing or using the service and setting up an Account, you consent to the display and storage of such information by Pexip and accept all risks of unauthorized access to such information.
C. Compliance with Privacy Regulations
The Videxio service may allow you to record conferences and to collect and utilize identifying information about you and other Conference Participants, including without limitation, Personal Information such as a likeness, name or voice that is displayed, processed, stored and/or transmitted as part of a Conference. The laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications. In addition, the laws of some jurisdictions restrict collection, storage and use of Personal Information.
i) You agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the Videxio service, including without limitation when using the recording feature.
ii) You acknowledge that any or all of your Content may be recorded and transmitted by other users in a Conference or with whom you otherwise communicate.
iii) When you participate in a Conference, you are solely responsible for your position in the entire field of view of your camera and any information about you that is visible to any other Conference participant that may or may not be recorded, transmitted and/or stored by that participant and/or by Pexip by any method or means as a result of your participation in a Conference.
iv) Whether as a host, participant or otherwise, you are solely responsible for, and shall indemnify Pexip and its Affiliates for your access to and use of any third party data and information including Personal Information that is communicated in a Conference or that you otherwise have access to through your use of the service.
D. Locations of Data Centers Use to Operate the Videxio Service
Personal Information and Content may be transferred, stored and/or processed in multiple locations in which Pexip or its Affiliates maintain facilities.
i) By using the Videxio service, you consent to any such transfer, processing and storage of Personal Information outside of your location of citizenship and/or residence.
E. Regulated Access
The Videxio service may not available in certain locations and to certain Persons in order to comply with applicable laws and regulations.
i) Pexip reserves the right, in its sole discretion, to deny access to the Videxio service at any time and for any reason whatsoever, including without limitation to comply with applicable law
10. Restrictions on Use
You are prohibited from reselling or acting as agent for any component of the Videxio service without Pexip’s prior express written consent.
You agree not to:
- Decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code or technological know-how of any component of the service
- Create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent, sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly, any portion of the service or any rights thereto.
A. Export Control Laws
i) You acknowledge that some laws and regulations in various locations restrict the export and re-export of certain technical data relative to their origin.
ii) Without limiting the foregoing, you acknowledge that your Content may be
subject to controls by various regulatory agencies around the world.
iii) You agree that you are solely responsible for avoiding any actions that may be deemed to be violations of such laws and regulations, and that Pexip shall bear no responsibility or liability for any such violations committed by you in
connection with your use of the service.
B. Hazardous Environments & High Risk Activities
i) The Videxio service is not designed for use in connection with any hazardous or high risk activity or any circumstances requiring fail-safe performance or controls, including without limitation:
- the operation of nuclear facilities
- aircraft navigation or communication systems;
- air traffic control; medical care, surgery or life support machines, rescue or emergency situations
- weapons systems or any other environment or situation in which the failure of a Conference or of the service could, directly or indirectly, lead to death, personal injury or material property damage.
ii) You acknowledge and agree that any use of the Videxio service by you and/or at your instruction (whether express or implied) in connection with any activity or circumstances deemed by Pexip to be hazardous or high-risk shall be done solely and wholly at your own risk.
C. Links to Third Party Sites
The Site may include links that will take you to other websites (collectively, “Linked Sites”). The Linked Sites are provided by Pexip to you as a convenience, and the inclusion of such links does not imply any endorsement by Pexip or the Videxio service of any Linked Sites.
i) Pexip has no control over the Linked Sites.
ii) Neither Pexip nor its Affiliates are, and under no circumstances shall be, responsible for any content, product or service of any Linked Sites.
iii) You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk.
iv) You acknowledge and agree that Pexip is not responsible for the content of any Linked Sites, any link contained in any Linked Sites, and any changes or updates to Linked Sites.
v) You further acknowledge and agree that Pexip is not responsible for any form of transmission received from any Linked Sites.
Pexip will, in appropriate circumstances as determined in its sole discretion, terminate this Agreement (including the License and other rights granted to you herein) if you infringe the intellectual property rights of others. Pexip may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions.
i) If you believe that any work of authorship has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the service, please provide us with all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of what Conference the claimed infringing material is related to
- Your address, telephone number, and email address
- A written 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 written statement by you, made under penalty of perjury, that the above-described information in such notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf
Pexip does not generally monitor activity occurring in connection with the
Videxio service. However, if Pexip becomes aware of any actual or possible
violations by you of any provision of this Agreement Pexip reserves the right
to investigate such actual or possible violations and Pexip may, at its sole
discretion, immediately terminate this Agreement with you, or may change, alter or remove Content, in whole or in part, without prior notice to you.
i) If, as a result of any such investigation, Pexip believes that criminal activity has occurred or is occurring, Pexip reserves the right to refer the matter to, and cooperate with, applicable law enforcement authorities. In connection with any such investigation, Pexip is entitled to disclose to law enforcement or other government officials, as Pexip in its sole discretion believes to be necessary or appropriate, any information that is in our possession resulting from your use of the Videxio service, including without limitation Personal Information (except to the extent prohibited by applicable law).
F. Identifying Numbers and URI
i) Any type of identifying number, user name, “domain” name, “address,” and/or unique resource indicator (“URI”) provided to you to be used with the Videxio service is leased and not sold.
ii) The URI may only be used with the Videxio service and may not be transferred to or used in connection with any other service.
iii) Pexiphas the right to accept, change, delete or modify any URI without notice.
iv) The URI will be made searchable for all users, unless explicitly agreed in writing between you and Pexip.
v) Upon expiration, cancellation or termination of the service, you shall discontinue use of the URI and any video numbers and/or internet portals previously assigned to you for use with the service.
11. Content Access and Storage
A. Content uploaded to the Videxio service
The Videxio service is provided to you by automated means, namely the uploading of Content via the applicable tools for transmission, downloads and other use in connection with Conferences or other activities.
- Fulfilling service requests
- To restore the applicable Content at your request in the event of a service interruption
- To conform to legal requirements or comply with legal process as deemed necessary or advisable by Pexip in good faith
- To detect, prevent or otherwise address fraud, security or technical issues
- To enforce this Agreement, including investigation of potential violations hereof
- If you have requested that Pexip serve as host, producer, moderator, or facilitator for any Conference, presentation, or event as part of the service
B. Requests from a Presenter / individual conducting a conference
At the request of a Presenter or any individual designated to conduct a Conference, the Videxio service may collect certain Personal Information and other information which any Presenter in any Conference may see and may be shared with other users of the service at the request of a Presenter or as an automatic function of the service, including without limitation:
- Your name, address, phone number, and email address
- Any other Personal Information or other information you provide to the service or as requested by any Presenter
C. Content and Third-Parties
Pexip has no control over, and shall have no liability for, whether and in what manner any participant uses your Personal Information in a Conference or otherwise.
i) Pexip does not pre-screen information that users provide or otherwise submit in using the Videxio service.
ii) Pexip may collect certain information regarding your use of the service, such as:
- The name of the internet service provider and the internet protocol address through which you access the internet
- The time and dates you access the Videxio service
- Which pages are accessed on the Site
- The internet address of the website from which you accessed the Site
iii) Pexip uses this information to support the Videxio service and, in accordance with any communications preferences indicated by you and as otherwise permitted under this Agreement, to send you communications regarding Pexip, its products and its service.
12. Disclaimer of Warranties
The Videxio service is provided “as-is” on an “as-available” basis, “with all faults” and without any warranty of any kind other than as described by Pexip under the terms of this agreement.
i) To the fullest extent permitted by applicable law, Pexip hereby disclaims all other warranties of any kind regarding the Videxio service, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for any particular purpose, compatibility, workmanlike effort, accuracy, availability, and/or non-negligent performance.
ii) The Videxio service is a business product, the application of which is commercial rather than consumer-oriented in nature. In accepting this agreement, you recognize, to the maximum extent permitted by applicable law that consumer protection laws do not apply to your use of the service nor to any of the transactions contemplated by and consummated pursuant to this agreement.
iii) This Agreement gives you specific legal rights. You may also have other legal rights that vary from location to location. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the limitations contained in this Agreement may not apply to you
13. Limitations of Liability
A. Personal Liability
i) Your use of the service is entirely at your own risk. The use of the Videxio service and the downloading or other use of any information or materials therefrom shall be done solely at your own discretion and risk and with your understanding that you will be solely responsible for any damage to your computer system or any loss of data or any other harm that results from such activities.
ii) Pexip will not be liable for any loss that you may incur as
a result of someone else using your login Information, either with or without
iii) Pexip shall have no responsibility for any failure that arises out of your use of the service with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the Site, Software or the service due to problems related to your computer hardware, any software program, network, your internet service provider or any other similar problem.
B. Use of Content
i) You agree that neither Pexip nor any of its Affiliates shall be liable for any Content or the access, recording, storage or other use by Pexip thereof, including without limitation:
- Any Content that is sent, received, held, released or otherwise connected in any respect to the Videxio service
- Any Content that is sent but not received
- Any access to or alteration of Content by you or any other Person
- Any Content sent using, or included in, the service
- Any defamatory, illegal, obscene, offensive or threatening content
- The conduct of you or anyone else in using the service
- Any infringement of another Person's rights, including without limitation rights of privacy, intellectual property or data protection
C. Third-Party Providers
Pexip offers no guarantees and assumes no responsibility or liability of any
kind with respect to third-party services, including without limitation any
liability resulting from incompatibility between the service and any
i) You agree that you will not hold Pexip or any Affiliate responsible or liable for any matter caused by or related to services provided by any third-party.
The Videxio service may include technical mistakes, interruptions, inaccuracies and/or typographical errors.
E. Force Majeure
i) Pexip will not be liable for any non-performance or delay in performance
caused by any event reasonably beyond the control of Pexip or the Videxio service including without limitation:
- Accidents which could not be reasonably prevented or expected
- "Acts of God", including earthquakes, fires, and flooding
- Acts of government
- Activities of hackers
- Civil disturbance, riots
- National emergencies, armed conflict or hostilities
- Malicious conduct from third-parties
- Service outages resulting in failures of equipment, telecommunications, power failures, or network failures or failures of third-party service providers (including providers of internet services and telecommunications)
Except as where otherwise required by applicable law, you agree that you will not be entitled to any damages under or pursuant to this Agreement except for the direct monetary damages actually incurred and proven by you in reasonable reliance upon use of the Videxio service, and that such proven damages shall be limited to the amount you actually paid for the service during the three month period prior to the event giving rise to your claim.
Without limiting the foregoing, you agree that the following damages are expressly excluded:
(i) Any and all indirect, special, incidental, punitive and consequential damages.
(ii) Any and all damages for: loss of confidential or other information (including without limitation Personal Information); business interruption; personal injury; loss of privacy; loss of profits; emotional distress; and failure to meet any duty of good faith or reasonable care.
(iii) Any and all damages resulting from your inability to use the service or to access data, information (including without limitation Personal Information) or Content.
(iv) Any and all damages for any other claim arising out of or in connection with:
- Statements or actions of any third-party on or via the service
- Any dealings with vendors or other third parties
- Any unauthorized access to or alteration of your transmissions, materials, information (including without limitation Personal Information) or other data
- Any information that is sent or received, or that is not sent or not received
- Any failure to store, or loss of, data, files, materials or other Content
- Any access to or use of the service that is delayed or interrupted
- Any Linked Sites
- Your access to or use of, or inability to access or use, any Linked Sites
(v) Any and all damages based on any theory of legal liability including statute, breach of contract, breach of warranty, tort (including negligence), product liability, negligent misrepresentation or otherwise, even if Pexip or its Affiliates have been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
(vi) Any and all damages arising out of, related to, or based upon your inability to connect to or to access the service due to problems related to your equipment, any software, your internet service and/or any other similar problem out of Pexip’s control.
(vii) Any and all damages for any pecuniary loss whatsoever.
14. Indemnification and General Release
You hereby agree to release Pexip and Affiliates from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with
- Your use of the Videxio service for any other purpose whether or not contemplated or permitted by this Agreement; and (b) from any transaction, event, occurrence, injury or other damage arising from or related to any Conference you participate in and any Content in any such Conference
- You hereby also agree to defend, indemnify and hold Pexip and its Affiliates blameless from and against any and all claims, liabilities, damages and costs (including without limitation fees, costs and expenses of attorneys) arising out of or related to:
i) Use of or access to the service by you or by any Person using your Login Information, whether or not such use was authorized by you.
ii) Any actual or alleged violation of this Agreement or applicable law by you or by any Person using your login Information, whether or not such use was authorized by you.
iii) Any actual or alleged infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any Person using your login Information, whether or not such use was authorized by you.
iv) Any recordings made by you of the communications, likeness, name, voice or other Personal Information of Conference attendees or any other users of the service.
v) Any claims or allegations for product liability, unsuitability or lack of fitness for a particular purpose, or any other claims or allegations arising out of or related to the use of the service.
vi) Any disputes between you and any other participant in a Conference or the Service.
vii) Your negligence or willful misconduct.
15. Dispute Resolution
Any claim, dispute or controversy, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, consumer protection, common law, intentional tort and/or equitable claims by you against Pexip, its agents, employees, principals, successors, assigns and/or Affiliates arising from or relating to this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and finally by binding Arbitration administered by the International Chamber of Commerce under its Commercial Rules before a single Arbitrator.
i) The venue of the Arbitration proceeding shall be Oslo, Norway or such other venue to which the parties may agree in writing.
ii) The Arbitrator shall be empowered to grant whatever relief would be available in court of competent jurisdiction under law or in equity.
iii) Any Award of the Arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
iv) The Arbitrator may grant reasonable attorney and/or other fees to the prevailing party.
v) You acknowledge and agree that separate from any Arbitration proceeding, Pexip may also seek injunctive or equitable relief in a Court of competent jurisdiction to prevent irreparable injury to it, its Marks, and/or other intellectual property, and in such proceeding you consent to the jurisdiction of such Court.
vi) You hereby acknowledge that you are giving up rights to litigate claims in a court or before a jury with respect to any dispute under this agreement. Other rights that may have been available if the dispute went to court, such as access to discovery, may also be unavailable or may be limited in arbitration.
16. Notices and Miscellaneous
i) Notices to You. Pexip will provide any communication to each other under this Agreement as follows: notice shall be sent to you via either:
- Electronic means to the email address associated with your Account and shall be deemed delivered when sent by Pexip
- By hard copy first class mail to the address contained in your login Information and shall be deemed delivered five calendar days after mailing
ii) Notices to Pexip. Except where an electronic notice to Pexip is expressly permitted by this Agreement, notice shall be sent to Videxio addressed to the principal place of business indicated on the Site, to the attention of the President, via either:
- Postal mail, signature required and return receipt requested
- Overnight courier with delivery signature required. Any notice sent by you shall be deemed delivered when actually received and signed for by an authorized representative of Pexip.
B. Governing Law
This Agreement shall be construed in accordance with, and governed by the laws of the jurisdiction in which the Service are used.
C. Reservation of Rights
Pexip reserves all rights not expressly granted in this Agreement.
D. Invalidation of the Agreement
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in full force and effect.
E. No Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless expressly agreed to by Pexip in a non-electronic writing manually signed by a duly authorized officer of Pexip.
F. Legal Authority
If you are an individual and are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have due authorization from the governing body of such entity to enter into this Agreement and to bind such entity to all of the terms and conditions of this Agreement.
The headings of the sections and subsections in this Agreement are provided for convenience only and may not be deemed to affect its construction or interpretation.
H. Entire Agreement
This Agreement constitutes the entire agreement and understanding between Pexip and you with respect to the Videxio service and supersedes all other prior or contemporaneous communications, agreements, understandings and proposals, whether written, oral, electronic or non-electronic, between Pexip and you regarding its subject matter.
I. Fair usage policy - Enterprise User Licenses (EUL - "Videxio Starter", "Videxio Teams" or "Videxio Enterprise")
i) The EUL is intended as a personal or team named license and is intended to be used for business purposes.
ii) The named user should be a participant in all calls associated with his/her account.
iii) The purchase and reasonable use of an EUL as a shared resource (like a team room) is permissible.
iv) No single call shall include more than 50 participants
v) No re-sale: The EUL is for a single enterprise only and can under no circumstance be sold, leased, forwarded or in any way be extended to a third party.
vi) For the same personal or team named account, the activation and use of a one-time room/one-time meeting is limited to hosting one (1) active meeting at a time.
vii) Use of the EUL that is inconsistent with these Fair Usage terms may result in the suspension or termination of the license.
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