This Terms of Service Agreement (“Terms of Service” and/or “Agreement”) is entered into between ADDCOM AS, all of its subsidiaries and all of its parent companies (collectively, “ADDCOM,” “we,” and/or “us”) and the individual or entity that accesses and/or uses the “Services” (defined herein) provided by ADDCOM, including without limitation, any employee, independent contractor, invitee or agent of such individual or entity whether or not a “subscriber” to the Services or the Services have been paid for by anyone (“User,” “you,” and/or “your”).
If you intend to authorise employees and/or other Persons to use the Services through your Account, you hereby agree to these Terms of Service whether or not you personally use the Services, and you further agree to: (a) cause all other Persons who access the Services through your Account to comply with this Agreement; and (b) pay all amounts due for the Services used under your Account.
Your use of the Services is licensed and not sold to you solely for your use under the terms and conditions of this Agreement and the License granted herein. ADDCOM retains all right, title, and interest relating to or embodied in the 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 ADDCOM 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.
All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Services (collectively, the “Marks”) are the property of ADDCOM or its Affiliates. ADDCOM 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 Services. You are prohibited from using any of the Marks for any purpose without ADDCOM’s prior express written consent.
ADDCOM does not verify or endorse any Content. ADDCOM 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 ADDCOM. 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. ADDCOM 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 Services), or the security, privacy, storage or transmission of other communications originating from any Conference or involving use of the Services.
With the knowledge and understanding that ADDCOM 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:
The payment information supplied to ADDCOM by you (if applicable) is, and shall at all times during the life of this Agreement, be true, accurate and complete. You covenant that payments made by you to ADDCOM and Affiliates will be honoured by the financial entity facilitating the payment on your behalf. If any payment is not so honoured, 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 Services, and that the cost of future renewals for the Services may increase.
You acknowledge and agree that any unauthorised use, copying or distribution of the Services 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 ADDCOM to the maximum extent possible. Without limitation, you agree not to engage in any of the following unauthorised uses:
You acknowledge and agree that ADDCOM may obtain and record information about your contacts, your use of, and availability on the Services at any given time, among other information, and that ADDCOM can utilise and maintain this information: for its own use; to provide marketing communications to you; to provide marketing communications to your contacts; and for disclosure to third parties (including government officials or pursuant to any court order) in accordance with applicable law or governmental request at any time.
You acknowledge and agree that the Services are conducted and provided by ADDCOM electronically through the internet and that ADDCOM cannot guarantee the security or privacy of any electronic communications in which you participate.
The Services may allow you to record conferences and to collect and utilise 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. You agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the Services, including without limitation when using the recording feature. 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. 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 ADDCOM by any method or means as a result of your participation in a Conference. Whether as a host, participant or otherwise, you are solely responsible for, and shall indemnify ADDCOM 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 Services.
Personal Information and Content may be transferred, stored and/or processed in multiple locations in which ADDCOM or its Affiliates maintain facilities. By using the Services, you consent to any such transfer, processing and storage of Personal Information outside of your location of citizenship and/or residence.
The Services may not available in certain locations and to certain Persons in order to comply with applicable laws and regulations. ADDCOM reserves the right, in its sole discretion, to deny access to the Services at any time and for any reason whatsoever, including without limitation to comply with applicable law.
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 Services. You may not 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 Services or any rights thereto. You are prohibited from reselling or acting as agent for any component of the Services without ADDCOM’s prior express written consent.
You acknowledge that some laws and regulations in various locations restrict the export and re-export of certain technical data relative to their origin. Without limiting the foregoing, you acknowledge that your Content may be subject to controls by various regulatory agencies around the world. 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 ADDCOM shall bear no responsibility or liability for any such violations committed by you in connection with your use of the Services.
The Services are 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 Services could, directly or indirectly, lead to death, personal injury or material property damage. You acknowledge and agree that any use of the Services by you and/or at your instruction (whether express or implied) in connection with any activity or circumstances deemed by ADDCOM to be hazardous or high-risk shall be done solely and wholly at your own risk.
The Site may include links that will take you to other websites (collectively, “Linked Sites”). The Linked Sites are provided by ADDCOM to you as a convenience, and the inclusion of such links does not imply any endorsement by ADDCOM of any Linked Sites. ADDCOM has no control over the Linked Sites. Neither ADDCOM nor its Affiliates are, and under no circumstances shall be, responsible for any content, product or service of any
Linked Sites. You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk. You acknowledge and agree that ADDCOM 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. You further acknowledge and agree that ADDCOM is not responsible for any form of transmission received from any Linked Sites.
ADDCOM 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. ADDCOM may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions. 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 Services, please provide us with all of the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of what Conference the claimed infringing material is related to; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) 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 authorised to act on the copyright owner’s behalf.
ADDCOM does not generally monitor activity occurring in connection with the Services. However, if ADDCOM becomes aware of any actual or possible violations by you of any provision of this Agreement ADDCOM reserves the right to investigate such actual or possible violations and ADDCOM 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. If, as a result of any such investigation, ADDCOM believes that criminal activity has occurred or is occurring, ADDCOM reserves the right to refer the matter to and cooperate with applicable law enforcement authorities. In connection with any such investigation, ADDCOM is entitled to disclose to law enforcement or other government officials, as ADDCOM in its sole discretion believes to be necessary or appropriate, any information that is in our possession resulting from your use of the Services, including without limitation Personal Information (except to the extent prohibited by applicable law).
Any type of identifying number, user name, “domain” name, “address,” and/or unique resource indicator (“URI”) provided to you to be used with the Services is leased and not sold. The URI may only be used with the Services and may not be transferred to or used in connection with any other service. ADDCOM has the right to accept, change, delete or modify any URI without notice. The URI will be made searchable for all users, unless explicitly agreed in writing between you and ADDCOM. Upon expiration, cancellation or termination of the Services, you shall discontinue use of the URI and any video numbers and/or internet portals previously assigned to you for use with the Services.
THE SERVICES ARE PROVIDED “AS-IS” ON AN “AS-AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS DESCRIBED BY ADDCOM AND UNDER THE TERMS OF THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADDCOM HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE SERVICES, 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. THE SERVICES ARE BUSINESS PRODUCTS, 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 SERVICES NOR TO ANY OF THE TRANSACTIONS CONTEMPLATED BY AND CONSUMMATED PURSUANT TO THIS AGREEMENT.
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.
The use of the Services 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. ADDCOM will not be liable for any loss that you may incur as a result of someone else using your Log-In Information, either with or without your knowledge. ADDCOM shall have no responsibility for any failure that arises out of your use of the Services 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 Services due to problems related to your computer hardware, any software program, network, your internet service provider or any other similar problem.
You agree that neither ADDCOM nor any of its Affiliates shall be liable for any Content or the access, recording, storage or other use by ADDCOM thereof, including without limitation: (a) any Content that is sent, received, held, released or otherwise connected in any respect to the Services; (b) any Content that is sent but not received; (c) any access to or alteration of Content by you or any other Person; (d) any Content sent using, or included in, the Services; (e) any defamatory, illegal, obscene, offensive or threatening content; (f) the conduct of you or anyone else in using the Services; or (g) any infringement of another Person’s rights, including without limitation rights of privacy, intellectual property or data protection.
ADDCOM 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 Services and any third-party services. You agree that you will not hold ADDCOM or any Affiliate responsible or liable for any matter caused by or related to services provided by any third-party.
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 Services 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: the statements or actions of any third party on or via the Services; any dealings with vendors or other third parties; any unauthorised 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 Services that is delayed or interrupted; any Linked Sites; or 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 ADDCOM 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 Services due to problems related to your equipment, any software, your internet service and/or any other similar problem out of ADDCOM’s control; and
(vii) Any and all damages for any pecuniary loss whatsoever.
You hereby agree to release ADDCOM 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: (a) your use of the Services and 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 ADDCOM and Affiliates harmless 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:
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 ADDCOM, 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. The venue of the Arbitration proceeding shall be Oslo, Norway or such other venue to which the parties may agree in writing. The Arbitrator shall be empowered to grant whatever relief would be available in court of competent jurisdiction under law or in equity. 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. The Arbitrator may grant reasonable attorney and/or other fees to the prevailing party. You acknowledge and agree that separate from any Arbitration proceeding, ADDCOM 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.
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.
You and ADDCOM will provide any communication to each other under this Agreement as follows:
Notice shall be sent to you either: (1) via electronic means to the e-mail address associated with your Account and shall be deemed delivered when sent by ADDCOM ; or (2) by hard copy first class mail to the address contained in your Log-In Information and shall be deemed delivered five (5) calendar days after mailing.
Except where an electronic notice to ADDCOM is expressly permitted by this Agreement, notice shall be sent to ADDCOM addressed to the principal place of business indicated on the Site, to the attention of the President, either via:
This Agreement shall be construed in accordance with, and governed by the laws of the jurisdiction in which the Services are used.
ADDCOM reserves all rights not expressly granted in this 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.
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 ADDCOM in a non-electronic writing manually signed by a duly authorised officer of ADDCOM.
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.
The EUL is intended as a personal- or team named license and intended used for business purposes. The named user should be a participant in all calls associated with his/her account. The purchase and reasonable use of a EUL as a shared resource (like a team room) is permissible. Use of the EUL that is inconsistent with these Fair Usage terms may result in the suspension or termination of the license. No single call can include more than 30 participants
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.