Lifemeet TERMS OF SERVICE
IMPORTANT, READ CAREFULLY :
YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND
ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF Lifemeet VIDEO
COMMUNICATIONS, INC. AND ITS AFFILIATES ("Lifemeet") IS CONDITIONED UPON
YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR
AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE
ACCEPTING.
BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX,
ACCESSING THE Lifemeet WEBSITE OR BY UTILIZING THE Lifemeet SERVICES YOU
AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER
FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE
Lifemeet SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY
ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
Lifemeet will
provide the Services, and you may access and use the Services, in
accordance with this Agreement. Lifemeet may provide any of the Services
hereunder through any of its Affiliates. If You order Services through
an on-line registration page or an order form (each an "Order Form"),
the Order Form may contain additional terms and conditions and
information regarding the Services you are ordering. Unless otherwise
expressly set forth in any such additional terms and conditions
applicable to the specific Service which You choose to use, those
additional terms are hereby incorporated into this Agreement in relation
to Your use of that Service.
System Requirements. Use of the
Services requires one or more compatible devices, Internet access (fees
may apply), and certain software (fees may apply), and may require
obtaining updates or upgrades from time to time. Because use of the
Services involves hardware, software, and Internet access, Your ability
to access and use the Services may be affected by the performance of
these factors. High speed Internet access is recommended. You
acknowledge and agree that such system requirements, which may be
changed from time to time, are Your responsibility.
“End User” means a Host or Participant (as defined in the Services Description) who uses the Services.
"Initial Subscription Term" means the initial subscription term for a Service as specified in an Order Form.
"Service Effective Date" means the date an Initial Subscription Term begins as specified in an Order Form.
"Renewal Term" means the renewal subscription term for a Service
commencing after the Initial Subscription Term or another Renewal Term
as specified in an Order Form.
SERVICES. Lifemeet will provide
the Services as described on the Order Form, and standard updates to the
Services that are made generally available by Lifemeet during the term.
Lifemeet may, in its sole discretion, discontinue the Services or
modify the features of the Services from time to time without prior
notice.
Beta Services. Lifemeet may, from time to time, offer
access to services that are classified as Beta version. Access to and
use of Beta versions may be subject to additional agreements. Lifemeet
makes no representations that a Beta version will ever be made generally
available and reserves the right to discontinue or modify a Beta
version at any time without notice. Beta versions are provided AS IS,
may contain bugs, errors or other defects, and Your use of a Beta
version is at Your sole risk.
USE OF SERVICES AND
YOUR RESPONSIBILITIES. You may only use the Services pursuant to the
terms of this Agreement. You are solely responsible for Your and Your
End Users’ use of the Services and shall abide by, and ensure compliance
with, all Laws in connection with Your and each End User’s use of the
Services, including but not limited to Laws related to recording,
intellectual property, privacy and export control. Use of the Services
is void where prohibited.
Registration Information. You may be
required to provide information about Yourself in order to register for
and/or use certain Services. You agree that any such information shall
be accurate. You may also be asked to choose a user name and password.
You are entirely responsible for maintaining the security of Your user
name and password and agree not to disclose such to any third party.
RESPONSIBILITY
FOR END USERS. You are responsible for the activities of all End Users
who access or use the Services through your account and you agree to
ensure that any such End User will comply with the terms of this
Agreement and any Lifemeet policies. Lifemeet assumes no responsibility
or liability for violations. If You become aware of any violation of
this Agreement in connection with use of the Services by any person,
please contact Lifemeet at https://lifemeet.tawk.help/ Lifemeet may
investigate any complaints and violations that come to its attention and
may take any (or no) action that it believes is appropriate, including,
but not limited to issuing warnings, removing the content or
terminating accounts and/or User profiles. Under no circumstances will
Lifemeet be liable in any way for any data or other content viewed while
using the Services, including, but not limited to, any errors or
omissions in any such data or content, or any loss or damage of any kind
incurred as a result of the use of, access to, or denial of access to
any data or content.
Lifemeet OBLIGATIONS FOR CONTENT.
Lifemeet will maintain reasonable physical and technical safeguards to
prevent unauthorized disclosure of or access to Content, in accordance
with industry standards. Lifemeet will notify You if it becomes aware of
unauthorized access to Content. Lifemeet will not access, view or
process Content except (a) as provided for in this Agreement and in
Lifemeet’s Privacy Statement; (b) as authorized or instructed by You,
(c) as required to perform its obligations under this Agreement; or (d)
as required by Law. Lifemeet has no other obligations with respect to
Content.
ELIGIBILITY. You affirm that You are at least 16
years of age and are otherwise fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply with
this Agreement. Your access may be terminated without warning if we
believe that You are under the age of 16 or are otherwise ineligible.
INTENDED
USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for
business use. You may choose to use the Services for other purposes,
subject to the terms and limitations of this Agreement. Lifemeet is not
intended for use by individuals under the age of 16, unless it is
through a School Subscriber (as that term is defined in the Services
Description) using Lifemeet for Education (K-12).
CHARGES
AND CANCELLATION. You agree that Lifemeet may charge to Your credit card
or other payment mechanism selected by You and approved by Lifemeet
("Your Account") all amounts due and owing for the Services, including
taxes and service fees, set up fees, subscription fees, or any other fee
or charge associated with Your Account. Lifemeet may change prices at
any time, including changing from a free service to a paid service and
charging for Services that were previously offered free of charge;
provided, however, that Lifemeet will provide you with prior notice and
an opportunity to terminate Your Account if Lifemeet changes the price
of a Service to which you are subscribed and will not charge you for a
previously free Service unless you have been notified of the applicable
fees and agreed to pay such fees. You agree that in the event Lifemeet
is unable to collect the fees owed to Lifemeet for the Services through
Your Account, Lifemeet may take any other steps it deems necessary to
collect such fees from You and that You will be responsible for all
costs and expenses incurred by Lifemeet in connection with such
collection activity, including collection fees, court costs and
attorneys' fees. You further agree that Lifemeet may collect interest at
the lesser of 1.5% per month or the highest amount permitted by law on
any amounts not paid when due. You may cancel your subscription at any
time. If you cancel, you will not be billed for any additional terms of
service, and service will continue until the end of the current
Subscription Term. If you cancel, you will not receive a refund for any
service already paid for.
TERMINATION. The Lifemeet website
contains information on how to terminate Your Account. If you have
purchased a Service for a specific term, such termination will be
effective on the last day of the then-current term. Your Order Form may
provide that a Renewal Term will begin automatically unless either party
provides notice of termination at least thirty (30) days prior to the
commencement of the next Renewal Term. If You fail to comply with any
provision of this Agreement, Lifemeet may terminate this Agreement
immediately and retain any fees previously paid by You. Sections 1 and 3
through 20, inclusive, shall survive any termination of this Agreement.
Upon any termination of this Agreement, You must cease any further use
of the Services. If at any time You are not happy with the Services,
Your sole remedy is to cease using the Services and follow this
termination process.
PROPRIETARY RIGHTS. Lifemeet and/or its
suppliers, as applicable, retain ownership of all proprietary rights in
the Services and in all trade names, trademarks, service marks, logos,
and domain names ("Lifemeet Marks") associated or displayed with the
Services. You may not frame or utilize framing techniques to enclose any
Lifemeet Marks, or other proprietary information (including images,
text, page layout, or form) of Lifemeet without express written consent.
You may not use any meta tags or any other "hidden text" utilizing
Lifemeet Marks without Lifemeet's express written consent.
COPYRIGHT.
You may not post, modify, distribute, or reproduce in any way
copyrighted material, trademarks, rights of publicity or other
proprietary rights without obtaining the prior written consent of the
owner of such proprietary rights. Lifemeet may deny access to the
Services to any User who is alleged to infringe another party's
copyright. Without limiting the foregoing, if You believe that Your
copyright has been infringed, please notify Lifemeet as specified here.
NO
HIGH RISK USE. The Services are not designed or licensed for use in
hazardous environments requiring fail-safe controls, including without
limitation operation of nuclear facilities, aircraft
navigation/communication systems, air traffic control, and life support
or weapons systems. The Services shall not be used for or in any HIGH
RISK environment.
LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Lifemeet OR ITS
AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR
OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)
CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF Lifemeet, ITS AFFILIATES,
SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, Lifemeet'S, ITS AFFILIATES', SUPPLIERS' AND
RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR
ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE
TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO
SUCH CLAIMS. Because some states and jurisdictions do not allow the
exclusion or limitation of liability, the above limitation may not apply
to You.