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VAPPS TERMS OF SERVICE
Welcome to the Vapps (http://www.hidefconferencing.com) (Web Site) and any other web sites or services owned or operated by Vapps
(the Vapps Service or Service). As part of its mission, Vapps seeks to sell subscriptions to its hidefconferencing.com service. Vapps has created and
maintains this Service in support of its mission. Your access to and use of this Service and its contents are subject to the following terms and conditions and all
applicable laws. BY ACCESSING AND BROWSING THIS SERVICE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND
CONDITIONS. The following Terms of Use for the Vapps Service is a legal contract between you, either an individual member or user, or a single entity
(collectively or individually Users), and Vapps regarding your use of the Vapps Service.
Should you object to any term or condition of these Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with
Vapps in any way, your only recourse is to immediately discontinue use of the Vapps web site and Services.
YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT.
By purchasing a license, subscribing or using the Service (including during any Vapps authorized free trial periods), you agree to be bound by these Terms of Service
(TOS). Please read this carefully and save it. This is a legal contract between you, either an individual of at least 18 years of age or a single entity, and Vapps
regarding your use of the Vapps Service, Services and web site (as defined throughout this TOS).
IF YOU ARE USING OR OPENING AN ACCOUNT WITH VAPPS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU
REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO
BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH ORGANIZATION).
Membership in the Services is void where prohibited. Accounts registered by automated methods are not permitted. You must provide a valid email address
and any other information requested in order to complete the signup process.
Users who have registered with the Service (including during any free trial periods authorized by Vapps), subscribed by purchasing a Service license, or have
accepted any applicable Vapps end user license agreement (Agreement) (by digital signature or otherwise), agree to be bound by the following terms and
conditions:
Membership and Subscription; Pricing.
You may become a User of the Service by submitting payment in accordance with this TOS or by registering for any Vapps authorized free trial period. As a User,
you will have the ability to participate in the features and services available within the Service, depending upon your selection of the level and durational term of
service at the Rate Plan and Billing page on the www.hidefconferencing.com web site. You may choose to pay additional cost(s) in order to access additional
features and services. Please see the Rate Plan and Billing page on the www.hidefconferencing.com web site for a description of the current subscription plans
and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service, in additional to any applicable Agreement, are
deemed part of this TOS. Please see the Rate Plan and Billing page on the www.hidefconferencing.com web site. for a description of such policies.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
Use of the Services requires you open an account on the web site. To do so, you must complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. You also will be assigned a password and a user name. You also may be required to provide
secondary authentication through a token or dongle, including but not limited to a other identifying information.. You are entirely responsible for maintaining the
confidentiality of your password and account and the security of any token designated necessary for secondary authentication. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You agree to notify Vapps immediately of any unauthorized use of your account or any other breach of security. Vapps will not be liable for any loss that you
may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred
by Vapps or another party due to someone else using your account or password. No user may access any account on the web site at any time, unless that user is a
registered User or has been named as a licensee through the purchase of an additional license for the account by the registered User.
PAYMENT AND REFUNDS.
Vapps charges and collects in advance for use of a Service license. A valid credit card is required.
No refunds will be made following purchase. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
INDEMNITY.
You agree to indemnify and hold Vapps, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the
Service, your violation of any of the terms of this TOS, your breach of any of the representations and warranties herein, and your violation of any rights of another.
USE LIMITATION.
You may not modify, copy, distribute, transmit, display, reverse engineer, reproduce, publish, license, or create derivative works from the Service, or undertake any
other activity which violates the copyright or the exclusive rights to exploit the benefits of the Service, which are the property of the Vapps.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any and all software comprising the Service, or otherwise transmitted or transferred, is the copyrighted work of Vapps and/or its licensed suppliers. Use of the
Service is governed by the TOS and any additional Agreements, if included, which must be digitally signed prior to the purchase of the Service.
The Service is made available for licensing solely for use by Users according to the Agreement. Any reproduction or redistribution of the Service not in
accordance with the Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SOFTWARE COMPRISING THE SERVICE TO
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY THE COMPANY IN ADVANCE.
PRIVACY POLICY.
Use of Vapps, the Service and web site is also governed by our Privacy Policy, which is incorporated into this TOS by this reference. We require all users read and
understand this Privacy Policy prior to using Vapps Service.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may
not share your user ID, password and/or token at any time with any other user. You may not use the Service in any manner that could damage, disable,
overburden, or impair any Vapps server, or the network(s) connected to any Vapps server, or interfere with any other partys use and enjoyment of any User
Services. You may not attempt to gain unauthorized access to any User Services, other accounts, computer systems or networks connected to any Vapps server or
to any of the Vapps services, through hacking, password mining, token modification or any other means. You may not send or store infringing, obscene, threatening,
libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. You may not send or store material
containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available through the Service.
Any of the acts above, or similar or additional unlawful or prohibited acts, are cause for immediate account termination, per the Termination for Cause section
below. No refunds will be issued for terminated accounts for any reason whatsoever.
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:
(i) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Vapps. This includes, but is not limited to, unsolicited advertising,
promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions
for signatures;
(ii) use Vapps in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary
rights, and data protection and privacy;
(iii) defame, harass, abuse, threaten or defraud of Users of Vapps, or, as applicable, post, upload, or distribute any content that is unlawful or that a reasonable
person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically
offensive, or otherwise inappropriate;
(iv) share, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein;
(v) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Vapps accounts of others without permission, forge another
persons digital signature, misrepresent the source, identity, or content of information transmitted via Vapps, or perform any other similar fraudulent activity;
(vi) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of Vapps, features that prevent or restrict use or copying of
any content accessible through Vapps, or features that enforce limitations on the use of Vapps, or intentionally interfere with or damage operation of Vapps or any
users enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.;
(vii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Vapps Service or any part thereof; modify, adapt, translate or
create derivative works based upon Vapps or any part thereof, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
TERMINATION FOR CAUSE.
Any violation of the TOS will result in the termination of your account. In the event of a termination, your account will be disabled and you may not be granted
access to your account any part of the Vapps Service. You agree and acknowledge that Vapps has no obligation to retain your data, and may delete such data, if
you have materially breached the TOS and your account has been terminated.
JURISDICTION AND CHOICE OF LAW.
Vapps is controlled and operated by Vapps and its parent companies, subsidiaries, and affiliates from its U.S. offices in New Jersey. We make no representation
that materials on any Vapps web site are appropriate or available for use in any particular location. Those who choose to access a Vapps web site do so on their
own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information or data from this site is
further subject to United States export controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of
Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or
any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained
with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The
transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that
you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this TOS
are contingent on your compliance with this provision.
No software, information or data from this web site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba,
Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially
Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By licensing, downloading or using the information or data, you represent and warrant
that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control
laws or regulations.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New Jersey and the laws of the United States,
without giving effect to any principles of conflicts of law. For Users residing outside the United States of America and using Vapps in another territory,
any dispute or claim arising out of or in connection with this TOS or your use of Vapps shall be finally settled by binding arbitration in New Jersey under
the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award
rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for
any disputes. For Users residing inside the United States of America and using Vapps in the United States, you agree that any action at law or in equity arising
out of or relating to this TOS or Vapps as an entity will be filed only in the state or federal courts in and for New Jersey, and you hereby consent and submit
to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
AMENDMENT.
We reserves the right, at our sole discretion, to amend, change, modify, add, and/or delete portions of these terms and conditions of use in this TOS at any time.
In the event that we do so, we will notify you of any such change, modification, addition, and/or deletion by sending you an e-mail at the last e-mail address that
you provided us, and/or by prominently posting notice of the any such change, modification, addition, and/or deletion on the web sites covered by these terms and
conditions of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an
e-mail notice to you or thirty (30) calendar days following our posting of such notice on the web sites covered by these terms and conditions of use. Please note
that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address
that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the changes, modifications, additions, and/or deletions described in the notice. Your continued use of
Vapps following the delivery of such notice will constitute assent to any and all changes to the TOS.
DISCLAIMER OF WARRANTIES.
VAPPS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF VAPPS , THE
VAPPS SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE AGREEMENT.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, LICENSE, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH VAPPS OR ANY LINKED SITES AT YOUR
OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS AS A RESULT DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF
DATA THAT RESULTS FROM THE LICENSING, DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAPPS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT
THIS DISCLAIMER INCLUDES VAPPS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF VAPPS IS
AT YOUR SOLE RISK.
EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE AGREEMENT, VAPPS AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, LINKED SITES, PRODUCTS, SERVICES, OR
APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH VAPPS ARE PROVIDED ON AN AS IS AND AS AVAILABLE, WITH ALL FAULTS BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND EITHER EXPRESS OR IMPLIED. VAPPS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, OR ANY OTHER PRODUCTS, SERVICES OR
APPLICATIONS OFFERED ON OR THROUGH VAPPS OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF
THE FOREGOING WILL BE CORRECTED.
VAPPS, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LIMITATIONS OF LIABILITY AND DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL VAPPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST
REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR
THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE VAPPS, THE VAPPS SERVICES OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH VAPPS OR OTHER VAPPS USERS, EVEN IF
VAPPS OR A VAPPS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN SUCH CASES, VAPPS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL VAPPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS,
OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR
USE OF VAPPS OR YOUR INTERACTIONS WITH VAPPS OR OTHER VAPPS USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESS TO OR USE OF VAPPS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE
BY THIRD PARTIES OTHER THAN VAPPS AND RECEIVED THROUGH OR ADVERTISED ON THE VAPPS WEB SITE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT VAPPS HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF
RISK BETWEEN YOU AND VAPPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND
VAPPS. VAPPS WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES
OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE
YOU ARE LOCATED.
YOU AND VAPPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOFTWARE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
MISCELLANEOUS.
Vapps may modify its Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you,
any other user, or any third party. We reserve the right to modify these TOS from time to time without notice. Please review this TOS from time to time so that you
will be apprised of any changes.
Vapps may provide you with notices, including those regarding changes to Vapps terms and conditions, by email, regular mail or postings on the Vapps web site.
Notice will be deemed given twenty-four hours after email is sent, unless Vapps is notified that the email address is invalid. Alternatively, we may give you
legal notice by mail to a postal address, if provided by you through Vapps. In such case, notice will be deemed given three days after the date of mailing.
Notice posted on Vapps is deemed given 30 days following the initial posting.
The failure of Vapps to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. Any waiver of any
provision of the TOS will be effective only if in writing and signed by Vapps.
If any provision of this TOS is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this
TOS to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vapps without restriction. Any
assignment attempted to be made in violation of this TOS shall be void.
Upon termination of this TOS, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of this TOS, and will not be deemed to limit or affect any
of the provisions hereof. This is the entire agreement between you and Vapps relating to the subject matter herein and will not be modified except
in writing, signed by both parties, or by a change to this TOS made by Vapps as set forth above.
COMPLETE AGREEMENT.
This TOS, together with the Agreement, and any and all amendments and referenced policies, constitutes the complete, final and exclusive embodiment
of the entire agreement between you and Vapps with regard to your use of Vapps and all of the software, services, text, graphics, audio, video or
other information offered therein.
It is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein, and it supersedes
any other warranties or representations and any other written or oral statements concerning your rights and obligations with respect to Vapps, its
predecessors or successors in interest.
By selecing the check box on the registration page or by clicking "I ACCEPT", you agree to be bound by this TOS, including the Vapps Privacy Policy.
Questions about the TOS should be sent to customercare@hidefconferencing.com
Thank you.
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