Effective: August 6th, 2016
These Terms of Service (“Terms”) govern your access to and use of uZoom, including any uZoom mobile applications (“uZoom App”), websites and other services (collectively, the “Services”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded, transmitted, broadcast or appearing on or through the Services (collectively referred to as “Content”). These Terms form a binding agreement between you, as an individual user (“you” or “your”) and uZoom, Inc. (“uZoom”, “we”, “us” or :”our”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH UZOOM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
A. General Use
The Services allow users to provide live video and audio to other users using their mobile phones and other devices. You are responsible for your use of the Services and for any Content that you may submit, post or share through the Services and for any consequences or liability relating to the Content. You should only provide Content you are comfortable sharing with others under these Terms. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and all required permits and authorizations to provide or use the Services, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms and to abide by and comply with them. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. You cannot be a person under U.S. export controls or sanctions or barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and these Terms will form a binding agreement between uZoom, Inc. and such company, organization, government or other legal entity.
Our Services are constantly evolving and we may alter the Services we offer you and/or choose to modify, suspend or discontinue the Services at any time and without notifying you. We may also place limits on use, transmission and storage of Content at our sole discretion at any time without prior notice to you.
We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will notify users of such modifications by posting them on our website or for registered users by describing the modifications to these Terms in an email to the email address that you provided during registration. To make sure you receive such email notifications, you are responsible for making sure the email address in your account is updated, current and accurate.
If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by uZoom; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
E. Registration and Use of the Services
To use the Services, you will need to register and create an account with us (“Account”). Account registration requires you to submit to uZoom certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card, PayPal account or other accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or uZoom’s termination of your Account or access to the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by uZoom in writing, you may only possess one Account. In addition, as part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your uZoom Account, which you may not be able to opt-out from receiving.
You are responsible for complying with these Terms when you access and use the Services through your Account. You are responsible for all activity on your Account, whether authorized by you or not. Because it is your Account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges such as data usage, message fees and other charges from your wireless or internet provider.
It is also your responsibility to maintain the confidentiality of your username and password(s), for any third-party site that we may allow you to use to access the Services. You should use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) in setting up your Account. Should you believe your password or security for the Services or you Account has been breached or compromised in any way, you must immediately notify us at tos@uZoom.me. Please note that uZoom cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
F. Promotional Codes
uZoom may, in uZoom’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services subject to any additional terms that uZoom establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by uZoom; (iii) may be disabled by uZoom at any time for any reason without liability to uZoom; (iv) may only be used pursuant to the specific terms that uZoom establishes for such Promo Code; (v) are not valid for cash (except to the extent required by law); and (vi) may expire prior to your use (except to extent prohibited by law) . uZoom reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that uZoom determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
G. Users of the Services
There are two primary types of users of the Services: (a) users who create and transmit Content (“Content Provider(s)”) and (b) users who purchase access to Content provided by Content Providers (“Content User(s)”). Content Providers are responsible for creating and uploading Content to the Services for live viewing by Content Users. Content Users may request Content Providers to provide them access to Content, such as live video content of places, things or events. Any provision of Content by Content Providers to Content Users will be subject to these Terms, but you agree that any issues or disputes relating to the Content shall be solely between Content Provider and Content User, and uZoom shall have no liability regarding such provision of Content.
H. Fees and Charges
You understand that use of the Services may result in charges to you for the services you receive from a Content Provider (“Charges”). Content access is charged based on the amount of access per second You may also provide a tip or bonus to the Content Provider (collectively, a “Bonus”).. After you have completed your Content session obtained through your use of the Services, uZoom will facilitate your payment of the applicable Charges and Bonuses to the Content Provider through uZoom’s payment processor. … Charges and Bonuses paid by you are final and non-refundable, unless otherwise determined by uZoom. All Charges and Bonuses are due immediately and payment will be facilitated by uZoom using the preferred payment method designated in your Account, after which uZoom will send you a receipt by email. By providing a payment method, you expressly authorize uZoom or its designated payment processor to charge the applicable Charges and Bonuses, plus applicable value added or sales tax. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that uZoom may, as the Content Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. Content Provider is responsible for any and all taxes assessed in connection with the payment of Charges and Bonuses hereunder and will indemnify uZoom against any liabilities, penalties, costs, fees or fines arising out of any failure to pay any such required taxes.
As between you and uZoom, uZoom reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in uZoom’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. uZoom will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. uZoom may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Content Provider at any time prior to such Content Provider’s arrival.
Content Providers and Content Users agree that uZoom may deduct a service fee (“Service Fee”) equal to a specified fee or percentage of Charges and Bonuses collected in connection with access to Content provided through the Services. Content Providers (as defined below) must also provide a valid bank account to which Charges and Bonuses less Service Fees will be remitted. Content Providers are responsible for all taxes incurred or assess on any Charges paid to Content Providers. uZoom reserves the right to change pricing, including Charges and Service Fees, without pre-notification, unless prohibited by law.
I. Your License to Use uZoom Services
Provided you are in compliance with these Terms and have paid all applicable Charges, Bonuses and Services Fees and other charges, we grant to you a non-exclusive, non-transferable personal license to download the uZoom App onto a single mobile device and to access and use the Services solely for purposes of transmitting Content to other users and receiving Content from other users of the Services. You shall not duplicate, distribute, modify, create derivative works, reverse engineer, disassemble, decompile or otherwise attempt to derive the source code for the uZoom App or any of the other Services provided or any software used to provide those Services.
J. Unauthorized Activities
You are not authorized to use (and you agree not to use) the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
• For any public or commercial purpose which includes use of the Services on another web site, mobile application or through a networked computer environment;
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
• To probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, bully or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Services or servers or networks connected to the Services;
• To upload, post or otherwise transmit any Content, software or other materials which contain a virus or other harmful or disruptive component;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
• To engage in activity that would constitute a criminal offense or give rise to a civil liability;
• To forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or by another means, or
• To provide content covered under licensing or copyright agreements (e.g. live concerts, musical performances, sporting events, etc.) or any third-party content protected under intellectual property laws unless you have an agreement from the content owner permitting your use or the use is limited to personal and private use that is permitted under applicable fair use principles. Live events and third-party copyrighted content shall not be publicly broadcast or provided to Content Users for payment of any form of consideration unless you have a written agreement from the Content owner permitted such uses.
K. Content on uZoom
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the Content Provider or other person who originated such Content. uZoom may, but is not required to monitor or control the Content posted via the Services and uZoom cannot take responsibility for such Content. uZoom does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
Please note uZoom may, but not is not obligated, to store the Content that you have uploaded or provided through the Services. In addition, uZoom may remove any stored Content from its servers at any time, with or without notice to you. Such Content may be removed/deleted from our servers on a periodic basis (e.g. 48 to 72 hours), after which it will not be accessible to Content Providers or Content Users. uZoom has no liability or responsibility to you for any removal, deletion, modification, or destruction of or failure to store any Content that you provide.
You understand that by using uZoom, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that is mislabeled or is otherwise deceptive. Under no circumstances will uZoom 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 Services. For clarity, you shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on or through the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to uZoom all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content (including User Content as defined below) for publication on the Services pursuant to these Terms of Service.
L. Restrictions on Content
uZoom reserves the right at all times (but will not have an obligation) in our sole discretion to remove or refuse to distribute any Content provided through the Services, to suspend or terminate users, and to reclaim user names without liability to you. The decision by uZoom to randomly monitor and/or modify Content, to not actively moderate in real-time, does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of uZoom in connection with or arising from your use of the Services.
uZoom also reserves the right in our sole discretion to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of uZoom, its users and the public.
Content Providers and Content Users agree not to interfere with any person’s privacy in connection with their use of the Services or providing of Content. Content Providers and Content Users agree that if necessary, they have the consent of each and every identifiable natural person in any Content to use such person’s name, likeness or voice in the Content. You specifically agree not to show any minor child in any Content without the prior consent of that minor’s parent or legal guardian.
You agree that any person who appears in your Content who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by uZoom. You are solely responsible for any compensation due to such persons.
You agree not to impersonate any person or entity, including, but not limited to, uZoom or any uZoom employee. You agree not to represent or suggest, directly or indirectly, uZoom’s endorsement of your Content.
By submitting any Content or using the Services, you agree not to upload, post or otherwise transmit any Content that:
• violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• is false, misleading or inaccurate;
• contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or excessive profanity;
• contains or advocates pornography or sexually explicit content, or that is otherwise obscene or lewd;
• violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them or advocates violent behavior;
• poses a reasonable threat to personal or public safety;
• contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;
• is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You are solely responsible for determining whether any such rights exists and for clearing any third-party rights in the Content, including without limitation, any music, videos, graphics or other copyrightable material; or
• contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
M. The Rights and Licenses of Content Providers
Content Providers retain their rights to any Content they submit, post or display on or through the Services. To make the Content available to Content Users or other users of the Services, you as a Content Provider grant uZoom a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license (with the right to sublicense), but not the obligation, to use, copy, reproduce, process, adapt, modify, publish, translate, creative derivative works from, incorporate into other works, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), including without limitation, distributing your Content to Content Users and displaying your Content on public websites. You agree that this license includes the right for uZoom to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with uZoom for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by uZoom or other companies, organizations or individuals who partner with uZoom, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
N. Representations and Warranties/Indemnification
You represent and warrant that you have all the rights, power and authority necessary to grant the rights and licenses granted herein to any Content that you submit, that such grant of rights is not inconsistent with or violate any other agreement to which you are bound, that the Content complies with these Terms and any applicable laws, rules, regulations and orders, and that the Content does not violate any copyright, patent, trademark, trade secret, or other intellectual property right, and that the Content does not violate any person’s right of privacy or publicity.
You agree to hire and pay for attorneys (reasonably approved by us) to defend uZoom, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “uZoom Entities”). and pay all costs associated with such defense if you violate these Terms (including without limitation a breach of your representations and warranties regarding your Content) and that violation results in a claim, lawsuit, loss, liability, injury, cost or other problem (collectively, a “Claim”) for the uZoom Entities. You also agree to pay any losses, damages, judgment or settlement that the uZoom Entities incur or end up having to pay as a result of your violation, provided that any settlement of a Claim must be approved by us. You also agree to defend, indemnify and hold harmless the uZoom Entities against any Claim relating to any personal injury, death or property damage that arises from your use of the UZoom App or any Content, including, without limitation, from any creation, filming or use of any Content, or any directions given or provided to a Content Provider, or any activity or instructions provided in any viewed Content, provided that any settlement of any such Claim must be approved by us. You alone are responsible for any violation of these Terms by you. The uZoom Entities reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, You agree to cooperate with their defense of such Claim.
O. Independent Contractor Relationship
Nothing in these Terms creates, is intended to create, or should be construed to create a partnership, joint venture, franchisee, agent or employer-employee relationship between uZoom and you or between any users of the Services and you. You agree that you are not working under the control of uZoom, that your use of the Services or providing of Content does not create any employer-employee relationship with uZoom and that you are not an employee of uZoom. You are not the agent of uZoom or any user of the Services and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of uZoom or any users of the Services.
P. Our Proprietary Rights in the Services
All right, title, and interest in and to uZoom App and Services (excluding Content provided by users) are and will remain the sole and exclusive property of uZoom and its licensors. The Services and the uZoom App are protected by copyright, trademark, and other laws of both the United States and foreign countries. uZoom is a trademark that belongs to us All rights not expressly granted herein are reserved. Any unauthorized use of the Services or the uZoom trademarks is strictly prohibited.
Q. Waiver and Release
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE UZOOM ENTITIES, YOU ASSUME ALL RISKS OF AND HEREBY WAIVE AND RELEASE THE UZOOM ENTITIES FROM ANY AND ALL BODILY INJURIES, DEATH, PROPERTY DAMAGE AND OTHER LOSSES OF ANY KIND OR NATURE THAT RESULT FROM YOUR USE OF THE UZOOM APP OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DEATH YOU MAY SUFFER IN CONNECTION WITH RECORDING CONTENT AT THE REQUEST OF A CONTENT USER OR FOLLOWING ANY DIRECTIONS, INSTRUCTIONS OR ADVICE PROVIDED BYA CONTENT PROVIDER OR IN VIEWED CONTENT.
R. Electronic Communications
By using the Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
S. Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Content that violates intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of these services, please provide written notice to our Agent for notice of claims of infringement:
Attn: DMCA Agent
To be sure the matter is handled immediately, your written notice must:
(a) Contain your physical or electronic signature;
(b) Identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
(d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
(e) Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
(f) Contain a statement that the information in the written notice is accurate; and
(g) Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
The Terms will continue to apply until terminated by either you or uZoom as follows.
• You may end your legal agreement with uZoom at any time for any reason by deactivating your accounts and discontinuing your use of the Services.
• We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable).
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Section J through Z. Nothing in this section shall affect the rights of uZoom to change, limit or stop the provision of the Services without prior notice, as provided above in section B. In addition, nothing in this section shall affect the rights of uZoom to collect any Charges, Service Fees or other charges relating to your use of the Services.
U. Disclaimer of Warranties and Limitation of Liability
Please read this section carefully. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. UZOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, THE PRODUCT OR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any Content or information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from uZoom. We are not responsible for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content or the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY: WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR VIEWING, DISPLAYING, COPYING, OR DOWNLOADING OF ANY CONTENT OR MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UZOOM EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID UZOOM, IF ANY, IN THE PAST SIX MONTHS FOR UZOOM SERVICES GIVING RISE TO THE CLAIM.
V. Local Laws; Export Control
We control and operate this website and the Services from our headquarters in the United States of America and the entirety of this website and the Services may not be appropriate or available for use in other locations. You are not authorized to download the uZoom App or access the Services if you are located in a jurisdiction under economic or other sanctions by the United States government, or are prohibited from accessing the uZoom App or Services by United States law. If you use this website or the Services outside the United States of America, you are solely responsible for complying with all applicable export laws of the United States necessary to download the uZoom App and access the website and Services and in following applicable local laws.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all rights, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
X. Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU AND UZOOM AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing to us at firstname.lastname@example.org the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT THESE TERMS OR USE THE SERVICES (WHICHEVER OCCURS FIRST) (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at email@example.com the following information: (1) your name; (2) your address; and (3) z clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either Seattle, Washington or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Seattle, Washington so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your Account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
Y. Third Party Links
We think links are convenient, and we sometimes provide links on our website or Services to third-party websites. If you use these links, you will leave our website and Services. We are not obligated to review any third-party websites that you link to from our website or the Services, We do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from our Website and Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.
The Federal Arbitration Act, the laws of the State of Washington and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Seattle, Washington. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us.
AA. Contact Us
You may contact us at any time about these Terms or the Services by emailing us at firstname.lastname@example.org.