VOOV MEETING SERVICE AGREEMENT
Last Updated: November 2023
PLEASE READ THESE TERMS CAREFULLY
BY USING THE APPLICATION AND/OR SERVICES YOU AGREE TO THESE TERMS AND CONDITIONS
OF THIS VOOV MEETING SERVICE AGREEMENT, INCLUDING THE THEN-CURRENT ACCEPTABLE USE POLICY, COPYRIGHT AND
NOTIFICATION POLICY, AND PRIVACY POLICY FOUND HERE (COLLECTIVELY, “ADDITIONAL TERMS,” AND TOGETHER WITH THESE TERMS OF SERVICE, THE
“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION and/or the Services.
WHO WE ARE AND WHAT THESE TERMS DO
If you are located in Singapore, Any reference to “we”, “us” or “Service Provider”
in these Terms is a reference to Aceville Pte. Ltd.
If you are located outside of Singapore, any reference to “we”, “us” or “Service
Provider” in these Terms is a reference to First App Holdings Limited.
These Terms govern your use of the following application and services:
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VooV Meeting (which name may be updated by Service Provider from time to time),
an application operated by us (including its web version or any other form made available by Service Provider
from time to time) and any software in connection with such application (“Application”); and
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any services provided by us in connection with such Application (“Services”).
APPLICABLE VERSION OF THE TERMS
THESE TERMS APPLY TO YOU IF YOU ARE A USER OF THE APPLICATION AND/OR SERVICES.
If the jurisdiction identified by and applicable to you is the
People’s Republic of China (excluding Hong Kong, Macau and Taiwan), these Terms do not apply to you. Instead, please refer to the VooV Meeting Service Agreement (PRC Users).
You may have access to certain Services available to you as an authorized user of
a business, company, corporate or other organizational group (each referred to as an “Organization”). You
acknowledge and agree that if you are authorized or otherwise have access to the Services available to such
Organization, your access to such Services may be subject to a separate agreement between Service Provider and
the applicable Organization of the Services (“Subscription Agreement”). In
the event of a conflict between these Terms and a Subscription Agreement, the terms of the Subscription
Agreement will prevail and control with respect to your use of the Services as an authorized user of the
applicable Organization.
JURISDICTION-SPECIFIC TERMS
If there are separate supplemental terms for the jurisdiction applicable to your
access or use of the Application or Services, you also hereby agree to the supplemental terms applicable to
users in each jurisdiction as outlined in the relevant “Additional Terms – Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of the
Additional Terms – Jurisdiction-Specific section that are relevant to your jurisdiction for your access or use
the Application or Services, and the rest of these Terms, the relevant jurisdictions’ Additional Terms –
Jurisdiction-Specific section will supersede and control. Access to the
Application or Services from jurisdictions where the content or practices of the Application or Services are
illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not
access or use our Application or Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS
CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN
TYPES OF DISPUTES MENTIONED IN SUCH ARBITRATION CLAUSE, YOU AND SERVICE PROVIDER AGREE THAT DISPUTES BETWEEN US
WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SERVICE PROVIDER WAIVE ANY RIGHT TO PARTICIPATE
IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. YOU MUST BE OF A CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE
APPLICATION OR SERVICES
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You are required to create an account (an “Account”) to access and use the Application and/or Services.
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You must comply with any minimum age restrictions
set out in the VooV Meeting Privacy Policy for your jurisdiction (“Minimum
Age”) to create an Account. You shall not use the Application or Services if you are under the
Minimum Age.
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If you are of the Minimum
Age or over, but under the minimum legal age to enter into a contract in your jurisdiction, you must review
these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your
behalf. If you are the parent or legal guardian of a user of our Application and Services and you have
questions about these Terms, please contact us at DPO@voovmeeting.com.
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By creating an Account or otherwise using the Application or Services, you represent that you are
of minimum legal age in your jurisdiction to agree to these Terms, or that you are over the Minimum Age and
your parents or legal guardian have read and agreed to these Terms on your behalf, and you understand and
agree that we are relying upon that representation in allowing you to use the Application and Services.
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Services
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The Services hereunder include the VooV Meeting Service and any other services to be provided
by us from time to time via the Application.
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“VooV Meeting Service” refers to the service that enables a host to schedule,
start meetings, live streams (where that option is available), and/or to allow participants to join the
meetings and/or live streams for the purpose of collaborating using instant messaging, voice, video, live
video and screen sharing functionality, meeting management, etc. via the Application.
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We reserve the right to set and amend maximum limits on the number of permitted attendees and
live streaming hosts for any meeting organized using the VooV Meeting Service as necessary in light of the
given capacity of the systems used for the provision of the Services.
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YOUR ACCOUNT
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Account Types. There are two Account types: (i)
Admin Account, if the user is an “Admin User” (defined below); and (ii) End User Account, if the user is
an “End User” (defined below).
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In respect to the authorized users of an Organization, the Account types can be either an Admin
Account if the user is an “Admin User” (defined below) or an End User Account if the user is an “End User”
(defined below).
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For End Users who create an Account to use the Services for their own benefit, there is only
one Account type: the End User Account.
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For the purposes of the Account types, an:
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“Admin User”, means an individual who is authorized and
designated by such Organization to operate and administer an Admin Account for the Organization, and an
Organization may authorize and designate more than one individual to create and maintain separate Admin
Accounts for that Organization. The Admin User may use the Services to manage End Users and customize Account
settings in accordance with the needs of the Organization; and
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“End User”, means either:
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in respect of an Organization, an individual user who belongs to that Organization and is invited by an
Admin User of that Organization, via the individual’s mobile number or any applicable third party platform
account where that option is available, to create an End User Account to use the Services in relation to that
Organization; or
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in respect to individuals who do not belong to an Organization and who are not invited by an Admin User of
an Organization to create an Admin Account or an End User Account to use the Services, a user who creates an
Account to use the Services for their own benefit.
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Creating your Account. You may create an Account
by selecting a user identity (“User ID”). Alternatively, you may register for an Account through a
third party platform account where that option is available (e.g. through your WeChat, Google or Apple
account). When creating an Account, you agree: (i) to provide true, accurate, current and complete
information as requested (the “Account Information”);
(ii) to promptly maintain and update such User ID and your Account Information (as applicable) to keep it
true, accurate, current and complete at all times; and (iii) in respect to the authorized users of an
Organization, that you are authorized by the Organization that you represent to create the Admin Account
or End User Account (as the case may be). If the Account Information you provided is untrue, inaccurate,
misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account.
If you create a new Admin Account as an Admin User acting on behalf of an Organization, you confirm that
you have the full authority to do so on behalf of your Organization, and that these Terms will also be
binding upon the Organization that you represent.
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Restrictions may apply to guest Account. If the
Account you registered is a guest Account, certain functions and services may be restricted compared to
functions that are available to a full Account. For instance, you may be required to log into a registered
VooV Meeting Account to join meetings with users of Tencent Meetings. You agree to provide true, accurate,
current and complete information (such as your mobile phone number) as requested by us in order to create
a guest Account.
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You shall be solely responsible for your Account and User
ID.
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You, as the creator of your Account and User ID, are solely responsible for your Account and User
ID. You are not permitted to create offensive or
obscene User IDs, as determined by us in our reasonable discretion. If an Account violates any part of these
Terms, we may temporarily, or permanently ban such an Account or charge the User ID associated with such
Account. We may do so immediately without providing prior notice if necessary under the given circumstances to
avoid risk or damage to the Application or Service, our systems or other users.
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Please note that you are responsible for maintaining the confidentiality and security of your Account and
password at all times, and you agree to notify us without undue delay if your password is lost, stolen, or
disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, (i) you will
be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts,
(ii) you are solely responsible for all activities and transactions that occur under your Account no matter
who actually uses the Account, (iii) we are not responsible for any misuse of your Account, including without
limitation in the event that your password is stolen or revealed to a third party and/or used for transactions
and (iv) you agree to immediately notify us of any misuse of your Account or any other breach of security in
relation to the Application or the Services known to you. You agree to accept all risks of misuse of and
unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of
your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom
you revealed your password.
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The Application and Services may be
Updated and Your Account may be suspended or terminated if the following conditions are
met.
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Please note that regardless of any notice, we reserve the right to discontinue the
Application or any Service, terminate or suspend your Account or to remove, modify, adapt or update the
Application or any Service, subject to these Terms, at any time in our sole discretion for any reason (to
the fullest extent possible under law). When making such changes we will duly consider your
reasonable interests.
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If your Account is suspected to be involved in illegal or improper activities (such as hacking, being
hacked, etc.), you shall cooperate with (e.g., answer the questions truthfully) the relevant personnel
designated by us to solve the issue. We may use necessary monitoring data
in line with our Privacy Policy (for clarification, the monitoring data does not include content of your
communications) as the basis for determining whether the user Account has been hacked, or whether any other
improper or illegal acts exist, unless you are
able to overturn such monitoring data by providing sufficient evidence acceptable to us. You further
acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we
have the right to suspend or terminate your access to the Account, take remedial measures and to inform the
relevant authorities and act in conformity with any authority’s directions or guidance. You also acknowledge
and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal
acts of your Account.
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Retrieve your Account. If you request to
retrieve your Account when your access to the Application is denied due to the loss of Account Information
or forgotten password, you are required to provide certain information and verification documentation
according to the account retrieval process published by Service Provider officially, and to ensure that
all such information and documentation is legitimate, truthful and valid. Your Account may not be
retrieved if the information or documentation provided by you fails Service Provider’s security
verification, and you are solely liable for any and all risks and losses arising therefrom.
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We have no obligation to retrieve Accounts created via third
party platform accounts or for such third party accounts. You acknowledge and agree that if
your Account is not directly registered and created via the Application and instead you register for an
Account through a third party platform account (e.g., through your WeChat, Google or Apple account), then
the applicable third party who owns the platform for the account through which you register (e.g. the
relevant entity providing the WeChat, Google or Apple account service) is responsible for that account and
the information associated with that account, including the user ID or password used to create an Account.
We have no obligation to retrieve such account or the information associated with that account, including
the user ID or password used to create an Account or otherwise provide services in connection with such
account or user ID. All the matters relating to such third party account and user ID shall be resolved by
you and the applicable third party, provided that you shall inform us in the event that the account or the
information, including the user ID or password used to create an Account, is stolen or otherwise not used
in an ordinary course.
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Links to third party platforms. The Application
or Services may provide links or references to other websites or other platforms operated by third
parties. These third party platforms are not governed by the Terms but by other agreements or policies
that may differ from the Terms. In visiting any third party platforms, whether linked to the Application
or Services or otherwise, you do so at your own risk and you assume all responsibility in that regard. We
make no representations or warranties regarding, and do not endorse, any third party platforms or any
content in such platforms. We encourage you to review the terms of use of each third party platform
visited before using those platforms.
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YOUR OBLIGATIONS
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You may receive messages and announcements. You
understand and agree that the Application and Services may include service announcements and
administrative messages of a non-marketing nature which are necessary for our provision and your orderly
use of the Application and Services, and you may not have the right to opt out of receiving these
announcements and messages.
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You are responsible for your own device.
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You are required to provide your own mobile phone device, tablet device, computer, network equipment
and/or network resources for use of the Application and Services, and to pay for all fees incurred as a result
of having access to the Internet or cellular network. You agree that we are not responsible for any hardware,
software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access,
and you are responsible for all fees relating to telephone and Internet access charges along with all
necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the
servers.
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If you download the Application onto any device not owned by you, you must have the owner’s permission to
do so. You will be responsible for complying with these Terms, whether or not you own the device.
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You are required to comply with the following restrictions
when using the Application and Services. You:
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shall use the Application and Services in accordance with the Acceptable
Use Policy;
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shall only use the live streaming or video function for the purposes of hosting and participating in
meetings and conferences;
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shall not use the Application or Services for any illegal purposes;
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shall not modify, reverse engineer, decompile, disassemble, copy, or distribute the Application and any
elements or software embedded therein;
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shall not take any acts which are out of the ordinary course of use (including, without limitation,
damaging, attacking or overloading the servers) that may affect the provision of the Services;
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shall not use the Application and/or Services by using or with the assistance of third-party software not
approved by us;
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shall not log in the Application by unusual methods (including, without limitation, by third-party
software or systems not developed, authorized or approved by us), use a plug-in or robot program to
maliciously disrupt service facilities and disturb ordinary service orders;
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shall not attack or attempt to attack the servers, routers, switches and other devices providing the
Application and/or Services in any manner;
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shall not use the technical defects or bugs in the Application or Services to benefit yourself and/or
others in any manner or engage in any other misconduct;
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shall not, without written consent from us, use any Intellectual Property Rights (as defined below) of
Service Provider to create or provide the same or similar services, such as emulation servers, private
servers, etc.;
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shall not take any acts that may interfere with the use of the Application and Services in an ordinary
manner;
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shall not use the Application or Services to transmit any “mailbombs” (i.e., sending copies of a single
message to many users, or sending large or multiple files or messages to a single user with malicious intent),
or to transmit or stream any content (including any live video), that is or could be construed as harassment,
spam, defamatory, insulting, intimidating, vulgar, obscene, pornographic, fraudulent or any content that is
illegal to transmit or stream;
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shall not gain, or attempt to gain, unauthorized access or control of any other person’s meeting or live
stream via the Application or Services;
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shall not use the Services to transmit any “bulk messaging” (i.e. sending messages for business or other
commercial purposes) without written permission of Service Provider;
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shall defer to the customer service and other communication channels designated by us in regard to any
consultation or questions regarding the Application and Services;
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shall not use any robot, spider, crawler, off-line reader, or other automatic device, process, software or
query that intercepts, “mines,” scrapes, copies or otherwise accesses the Application or Services to monitor,
extract, copy or collect information or data from or through the Application or Services, or engage in any
manual process to do the same;
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shall not upload or introduce any viruses, Trojan horses, malicious code, worms, logic bombs or other
material which is malicious or technologically harmful into the Application or Services or onto our systems or
the systems of other users of the Application or Services;
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shall not make profit by using the Application and Services;
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shall only access the Application and Services using legal and authorized Internet access; and
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if you are in Singapore, shall not use the Application and/or Services to transmit any statement of fact
about any person which is false in any particular about the subject, any secret official code word,
countersign or password, or any photograph, drawing, plan, model, article, note, document or information that
are covered under the Official Secrets Act (Cap. 213), and any material against, or objectionable on the
grounds of, public interest, public morality, public order, public security, or national harmony; offends
against good taste and decency; or is otherwise prohibited by applicable laws and regulations.
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If you are aware of any illegal use of your Account or any
Account security issues, please notify us immediately.
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You shall not circumvent our technical measures.
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We may take technical measures in the Application and Services to prevent unauthorized use of the
Application and Services and to prevent any violation of these Terms. You acknowledge and agree that you will
not seek to circumvent such technical precautions in any manner.
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You must ensure that your device meets the requirements for the installation and use of the Application
and Services. The installation of the Application may disable other software or program running on your
device. Your failure to install the Application or any updates in accordance with our installation
instructions may result in dysfunction of the Application and Services in whole or in part.
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Reasonable Use. We expect that users will use
the Application and/or Services reasonably. If any user’s use of the Application and/or Services exceeds
reasonable and normal standards, Service Provider may monitor Application and Services usage of such user
in a manner that is in line with our Privacy Policy. If Service Provider, using general
industry standards, identifies any violating, abnormal or unreasonable use (at Service Provider's
reasonable and unilateral discretion), Service Provider shall have the right to take corresponding
measures, including without limitation, restriction, suspension or termination of the Application and/or
Services, in part or in whole, to such user.
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No emergency call function available. Neither
the Application nor the Services are intended to replace traditional mobile or fixed line telephones, to
dial out into public telephone networks, or carry emergency calls. You must make alternative arrangements
to make emergency calls.
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LIMITED RIGHT TO USE THE APPLICATION AND SERVICES
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How you may use the Application and
Services.
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Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive,
non-transferable and non-sub-licensable right and license during the term of your permitted use of the
Application and Services to:
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download a copy of the Application onto your device(s), and use the Application
and/or Services for your personal purposes, or for your Organization’s purposes if you are allowed to use
the Application and/or Services as an authorized user of such Organization via a Subscription
Agreement;
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receive and use any update of the Application incorporating “patches” and corrections of errors as we may
provide to you; and
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use the Services we provide in connection with your permitted use of the Application.
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Rights granted to you hereunder are revocable. Any use of
the Services and/or Application other than as specifically authorized herein, without prior written permission
from us is strictly prohibited and will, at our election, terminate the rights granted to you by us herein.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these
Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by
estoppel, implication or otherwise. This license s revocable at any time with or without cause.
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You may not transfer the Application to someone else. We
are giving you personally the right to use the Application as set out above. You may not otherwise transfer or
make available the Application to someone else, whether for money, for any other forms of consideration or for
free. If you sell or gift any device on which the Application is installed, you must first remove the
Application from the device.
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Acceptable use
restrictions.
Except as expressly permitted in these Terms or expressly agreed by us in writing
in advance, you agree that you will:
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not reproduce, modify, adapt, alter, enhance, distribute, publicly display, retransmit, resell or
sublicense the Application;
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not use any data mining, robots or similar data gathering or extraction methods;
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not infringe our Intellectual Property Rights or those of any third party in relation to your use of the
Application or Services;
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not use the Application or Services in a way that could damage, disable, overburden, impair or compromise
our systems or security or interfere with other users of the Application and Services;
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not collect or harvest any information or data from the Application and/or Services or our systems or
attempt to decipher any transmissions to or from the servers; and
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not use the Application and/or Services other than for their intended purpose, in any unlawful manner, for
any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or
maliciously.
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INTELLECTUAL PROPERTY RIGHTS
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NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU
AND US, ALL INTELLECTUAL PROPERTY RIGHTS IN THE APPLICATION AND SERVICES THROUGHOUT THE WORLD BELONG TO US
AND THE RIGHTS IN THE APPLICATION AND THE SERVICES ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY
RIGHTS IN, OR TO, THE APPLICATION AND SERVICES OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE
TERMS. “Intellectual Property
Rights” refer to any and all trademarks, service marks, trade names, trade dress, works of
authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer
code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names,
ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity,
packaging, personality and privacy rights, utility models, other industrial or intangible property rights
of a similar nature, and all other forms of intellectual property rights recognized by applicable laws,
treaties, and conventions, and all inventions, software, technology that are patentable in such matter,
including patents, utility models, know-how and trade secrets, all grants and registration worldwide in
connection with the foregoing and all other rights with respect thereto existing other than pursuant to
grant or registration, all applications for any such grant or registration, all rights of priority under
international conventions to make such application and the right to control their prosecution, and all
amendments, constitutions, divisions and continuations of such applications, and all corrections,
reissues, patents of addition, extensions and renewals of any such grant, registration or right.
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We have the right to delete, alter, move, remove, or transfer any and all
content of the Application and/or Services in whole or in part, at any time and for any reason or no
reason, with or without notice to you and with no liability of any kind to you, to the maximum extent
permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or
otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us,
including any data attributed to your Account.
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Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in your Account, and that all rights
in and to your Account are and shall forever be owned by and inure to the benefit of us, to the maximum
extent permitted by applicable laws.
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You acknowledge and agree that we own all the data in connection with or arising in or from the
Application, Services, or your use of the Application and Services (including, without limitation, your
Account Information and data in connection with audio/video quality). The data presented to you in the
Application and Services is all the data you have access to. We have no obligation to share any other data
with you, unless otherwise required under applicable laws. To the maximum extent permitted by applicable
laws, we have the right to decide whether to retain or use any data, the manner and length of time for
retaining such data, and the manner for using such data (including without limitation using audio/video
quality data to analyze audio/video quality) in accordance with the Privacy Policy.
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User Content
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You may have the option of transmitting, streaming, broadcasting, posting, uploading or sharing
files or content (including live video) as part of the Services (“User Content”). You represent and warrant that you own, or have the
right to use, the Intellectual Property Rights in any User Content, and that you have the right to grant
the rights granted herein for such User Content.
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By using the Application and Services and transmitting, streaming,
broadcasting, posting, uploading or sharing User Content, you grant Service Provider a limited license
to display, perform, transmit, stream, broadcast and distribute your User Content but only to other
users that you have authorized to access such User Content or as specifically permitted herein, and to
modify and adapt such User Content as necessary for technical purposes to operate the Application and
Services (e.g., making sure content is viewable on smartphones as well as computers and other
devices). For clarity, Service Provider’s
rights in such User Content are solely as required to enable Service Provider to operate the Application
and Services. Service Provider requires this
license to ensure that actions Service Provider takes in operating the Application and Services are not
considered legal violations (for example, copyright laws could prevent Service Provider from processing,
storing, backing-up and distributing certain User Content unless you give us these rights). This license in your User Content will end once you delete
such User Content from the Application and Services, unless users who have seen the User Content have
archived it, and provided that such content may be archived in Service Provider’s backup copies in
accordance with the Privacy Policy.
You agree that these rights and licenses are royalty free, transferable, and sub-licensable,
and include a right for Service Provider to make such User Content available to, and pass these rights
along to, service providers and others with whom Service Provider has contractual relationships as
required for the operation of the Application and Services (e.g., cloud hosting providers), and to
otherwise permit access to or disclose your User Content to the extent specifically set forth in the
Privacy Policy.
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Service Provider does not claim any ownership rights to User Content. You acknowledge and agree
that Service Provider is not the source of, does not verify or endorse, and is not responsible in any
manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that
you assume all risk associated with User Content and the transmission or other use of the User Content,
and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and
appropriateness of User Content. By using the Application and Services, you agree that any User Content
that you submit may be transmitted, streamed, broadcasted, posted, uploaded to or shared with the
recipients of your communication and any participants of the meetings enabled by the VooV Meeting Service
to which such User Content is submitted.
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You acknowledge and agree that Service Provider may preserve content, including User Content,
and may also disclose content, including User Content, in accordance with the Privacy Policy, if required to do so by law or in the
good faith belief that that such preservation or disclosure is reasonably necessary to, among other
things:
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comply with legal process, applicable laws or government requests,
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enforce these Terms,
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respond to claims that any content violates the rights of third parties,
or
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protect the rights, property, or personal safety of Service Provider, its users
and/or the public.
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With respect to your User Content, you agree to comply with the following, as well as any other
guidelines or rules we may post from time to time. A failure to comply with the following or any other
guidelines or rules we may publish from time to time constitutes a violation of the Terms.
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You will not post, transmit, stream, broadcast, upload or share User Content that:
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misrepresents or disparages us, the Application or our Services.
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is, or could reasonably be interpreted as offensive or threatening.
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is, or could reasonably be interpreted as being, racist, sexist, homophobic or any other form of
hate-speech.
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attacks or could reasonably be interpreted as attacking any person on the basis of their race, religion,
political views, sex, gender, sexual orientation, disability or age.
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breaches applicable laws and regulations, such as libelous or defamatory content, or material posted in
breach of copyright.
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is a falsehood or misrepresentation.
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impersonates another person.
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is an advertisement or solicitation of business.
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if you are in Singapore, contains any statement of fact about any person which is false in any particular
about the subject, any secret official code word, countersign or password, or any photograph, drawing, plan,
model, article, note, document or information that are covered under the Official Secrets Act (Cap. 213), and
any material against, or objectionable on the grounds of, public interest, public morality, public order,
public security, or national harmony; offends against good taste and decency; or is otherwise prohibited by
applicable laws and regulations.
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You will:
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not sell User Content to any third party without a right to do so.
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comply with these Terms and acknowledge that the Privacy Policy will apply to the submission of User
Content.
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We will not access, view or process any User Content except: (i) as provided for in these Terms
or in our Privacy Policy; (ii) as
authorized or instructed by you; (iii) as required to perform our obligations hereunder; or (iv) as
required by law.
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We will take technical measures to prevent unauthorized disclosure of or access to User Content
in accordance with the industry standards. Save as set forth herein, we have no other obligations with
respect to User Content except as required by law.
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UNSOLICITED IDEAS
We value your feedback on the Application and Services, but PLEASE DO NOT SUBMIT
ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US (collectively, “Unsolicited Ideas”). These
Terms are aimed at avoiding potential misunderstandings or disputes when the Application and/or Services might
seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas to us, then you grant us a
worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free
right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly
perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited
Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other
Intellectual Property Rights and proprietary rights related thereto, in any media now known or hereafter
developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to
others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and
deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights
to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. To the
maximum extent permitted under applicable laws, you waive and agree not to assert any moral or similar rights
you may have in Unsolicited Ideas. To the extent permitted by applicable law, you also give up any claim that
any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights,
privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas
set forth therein.
-
INTERRUPTION
-
We reserve the right to interrupt the availability of the Application or Services or any part
thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice,
including without limitation under the following circumstances:
-
Maintenance, updates and fixation of server, network, software and/or hardware which are necessary to
provide the access of the Application and Services to you;
-
force majeure;
-
in accordance with the order of governmental authorities or other in-charge authorities; and
-
in order to comply with applicable laws.
-
You agree that we will not be liable for any interruption of the Application or Services or any
part thereof, delay or failure to perform resulting from the circumstances referred to in the preceding
paragraph.
-
We have the right at any time with or without reason to change and/or
eliminate any aspect(s) of the Application (or any part thereof) or Services (or any part thereof) as we
see fit in our sole discretion.
-
SUSPENSION AND TERMINATION
-
We may end your rights to use the Application and/or Services
if you do not comply with these Terms.
-
If you violate these Terms, we may at our option and in our reasonable discretion issue warnings,
temporary suspensions or permanent terminations of Accounts, to the fullest extent possible under law. We will
retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We
consider the severity of the violation and the number of infractions in making our determination; however any
determination shall be at our absolute discretion.
-
We may end your rights to use the Application and/or Services at any time by contacting you if you have
breached these Terms. If your breach of the Terms can be cured, we will give you a reasonable opportunity to
do so.
-
We may end your rights to use the Application at any time without prior notice in the event that (i) you
have created or are likely to create imminent physical harm (including but not limited to interruption,
disruption or congestion) to our network; (ii) if you use, allow the use of, or intend to use the Application
fraudulently or dishonestly; (iii) if we are acting in compliance with a requirement of any relevant authority
or law enforcement body; (iv) if you (as an individual) are deceased or mentally incapacitated; or (v) if you
(as a corporation) cease to carry on your business.
-
In the event your Account is terminated, you will have no further access to your Account. Any Accounts
with unresolved disputes must be settled before we may allow you to register again to use the Application or
Services.
-
If we end your rights to use the Application or Services:
-
You must stop all activities authorized by these Terms, including your use of the Application and/or
Services, as applicable.
-
You must delete or remove the Application from all devices in your possession and immediately destroy all
copies of the Application which you have (if any) and confirm to us that you have done so.
-
To the extent permitted by applicable law, we may remotely access your devices and remove the Application
from them and cease to provide you with access to the Application.
-
Termination of Subscription
Agreement. If you use the
Application and/or Services as an authorized user of an Organization, we may terminate your right to use
the Application and/or Services if and when the applicable Subscription Agreement terminates.
-
We may terminate the Application or Services permanently if
the following conditions are met.
-
We may end the Services and access to the Application permanently for you or for all
users by providing two weeks’ notice. You understand and agree that we will not assume any obligations to
you with respect to the Application and Services for such permanent termination.
-
You understand and agree that the Application and Services and/or any items which are stated to be
“permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the
Application and Services will be terminated permanently.
-
Effect of termination. Termination of your
Account also entails the termination of your access to the Application and Services.
-
EXPORT CONTROL
-
You agree not to engage in any activities in connection with these Terms that would breach
sanctions or export control laws or risk placing Service Provider in breach of any sanctions or export
control laws, or becoming a target of sanctions.
-
In this Clause 11, capitalized terms
have the following definitions:
-
“OFAC” means the U.S. Department of
Treasury’s Office of Foreign Assets Control.
-
“Sanctions” means the economic sanctions
laws and regulations of the People's Republic of China ( “PRC”), the United States (“U.S.”), the European Union (“EU”), EU member states, the United Kingdom, the United Nations
(“UN”), and all applicable government authorities
including, without limitation, the economic sanctions rules and regulations implemented under
statutory authority and/or the U.S. President’s Executive Orders and administered by the OFAC, and the
Anti-Foreign Sanctions Law of the PRC and relevant rules and regulations.
-
“Sanctioned Jurisdiction” means the
jurisdictions that are subject to comprehensive U.S. sanctions administered by OFAC (currently, Cuba,
Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk People's Republic and Luhansk
People’s Republic).
-
“Sanctioned Person” means any
individual, entity, or government that is the target of sanctions administered by: PRC, the U.S.
(including, without limitation, those persons on OFAC’s Specially Designated Nationals and Blocked
Persons List as well as any individual or entity that is located or resident in or organized under the
laws of a Sanctioned Jurisdiction), the EU, EU member states, the United Kingdom, the UN and/or any other relevant
authority.
-
You hereby agree to the following representations and covenants, in each case below with
respect to your use of the Services under these Terms:
-
You hereby represent and warrant to Service Provider that you are not, as of the date of
these Terms, any of the following (i)-(iii) and that if, after the date of these Terms, you become any
of the following (i)-(iii), you shall immediately notify Service Provider in
writing: (i) are or acting on behalf of a Sanctioned Person, (ii)
controlled or owned 50% or more (directly or indirectly) in the aggregate by one or more Sanctioned
Persons, or (iii) located or resident in or organized under the laws of a Sanctioned
Jurisdiction.
-
In your use of the Services, you shall not: (i) violate Sanctions, (ii) use the Services in
any way that involve, relate to, or are conducted on behalf of or for the benefit of a Sanctioned
Person, and (iii) without limiting any of the foregoing (i)-(ii), with respect to your use of the
Services provided under these Terms, transact with or otherwise do business with or involving any (a)
Sanctioned Jurisdiction or (b) Sanctioned Person.
-
You covenant and agree that you shall immediately notify Service Provider in writing if
you, with respect to your use of Services under the Agreement, become aware of any (i) actual or
potential violation of Sanctions by you or (ii) the involvement of any (a) Sanctioned Jurisdiction or
(b) Sanctioned Person, in each case relating to your use of the Services.
-
To the extent that Service Provider, in its sole discretion, determines that a breach of
Clause 11 of these Terms by you has occurred or will occur, Service Provider shall be entitled, in its
sole discretion, to terminate these Terms with you and cease its provision of Services to you, in each
case with immediate effect, or take any other remedial actions at the discretion of Service Provider.
If Service Provider terminates these Terms or take any other remedial actions pursuant to this
provision, it shall not be obliged to make any payments, indemnify, or otherwise provide compensation
to Service Provider for the termination or the remedial actions.
-
Service Provider has the right to perform its reporting obligations to any relevant
authority pursuant to applicable laws.
-
CHANGES TO THESE TERMS
-
We may need to change or update these Terms to
reflect changes in law or best practice or to deal with additional features which we introduce. We will
notify you in advance when changes to these Terms occur, and will update the last updated date at the
top of these Terms. TO THE EXTENT THAT IT
IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY
HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.
-
IF YOU DO NOT OBJECT TO THE CHANGES OR TERMINATE THE USE OF THE APPLICATION AND/OR THE SERVICES
PRIOR TO THEIR TAKING EFFECT, YOU ARE DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU OBJECT TO THE CHANGES, WE MAY TERMINATE YOUR
USE OF THE APPLICATION AND/OR THE SERVICES BY THE EFFECTIVE DATE OF THE CHANGE. WE WILL POINT TO THIS
CONSEQUENCE OF YOUR INACTIVITY AND OUR RIGHT TO TERMINATE IN CASE OF YOUR OBJECTION IN THE NOTIFICATION OF
THE CHANGE.
-
CHANGES TO THE APPLICATION AND/OR SERVICES
-
From time to time we may update or migrate the Application and/or
Services to improve performance, enhance functionality, reflect changes to the operating system or
address security issues. WE MAY ALSO ASK YOU AND YOU AGREE TO UPDATE THE APPLICATION OR MIGRATE TO A NEW
APPLICATION FOR THESE REASONS.
-
If you choose not to install such updates or if you opt out of automatic updates or if you
choose not to migrate to such new Application, you acknowledge and agree that you may not be able to
continue using the Application and Services.
-
SUPPORT FOR THE APPLICATION AND HOW TO TELL US ABOUT PROBLEMS
-
Support. If you want to learn more about the
Application or Services or have any problems using the Application or Services, please take a look at our
support resources specified in the Schedule.
-
Contacting us (including complaints). If you
think the Application or Services is faulty or inaccurately described or wish to contact us for any other
reason, please contact our customer service team specified in the Schedule.
-
How we will communicate with you. If we have to
contact you, we will do so using the contact details you have provided to us.
-
YOUR PRIVACY
-
Under data protection legislation, we are required to provide you with certain information
about who we are, how we process your personal data and for what purposes and your rights in relation to
your personal data and how to exercise them. This information is provided in the Privacy Policy
and it is important that you read that information.
-
Please be aware that Internet transmissions are never completely private or secure and that,
despite our commercially reasonable efforts, any message or information you send using the Application or
Services may be read or intercepted by others, even if there is a special notice that a particular
transmission is encrypted.
-
MONITORING & CIRCUMVENTION MEASURES
You understand and agree that when using the Application and/or Services, this can
and may involve software functions designed to detect circumvention measures or unauthorized and malicious
programs. In this context, we may access, collect, monitor and/or remotely store information relating to
hardware capacity, modifications related to our Application or Services, software, signatures, profiles or names
of known unauthorized or malicious third party programs, files or processes that enable or facilitate
circumvention of controls, unfair advantage or hacking of the Application or Services. If unauthorized or
malicious programs are detected, the Application may also communicate to us the user’s Account and User ID and
information about the unauthorized or malicious program or its use. Details of the aforementioned measures, if
any, are set out in the Privacy
Policy.
-
ADVERTISING
-
Provided you give consent (to the extent required under applicable law), we may, either on our
own or through a third party, send or display to you advertisements or other information (commercial or
otherwise) by such means as SMS, e-mail or other electronic messaging, details of which (including without
limitation the specific means to be adopted in sending or displaying such advertisements or information,
and the frequency and contents of such advertising) will be determined by us.
-
We will carry out our advertising businesses in accordance with relevant laws and regulations.
You agree that you shall exercise your judgement in a prudent matter in regard to the truthfulness and
reliability of any advertising contained in the Application or Services, and shall be solely liable for
any and all your activities arising out of such advertising unless otherwise expressly stipulated in
applicable laws.
-
PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application and/or Services may also be
controlled by the relevant platform provider’s rules and policies, or WeChat’s rules and policies if you
registered your Account through WeChat. To the extent required by such rules and policies, those terms will
prevail instead of these Terms where there are differences between the two. For details of the applicable
platforms, please refer to the Schedule.
-
WARRANTIES, DAMAGES, LIMITATION OF LIABILITIES
-
Disclaimer
of warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-
THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE APPLICATION
AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE
FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATION AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE,
AVAILABLE, CURRENT OR ERROR-FREE.
-
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(I) THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION AND SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE APPLICATION OR SERVICES WILL BE
CORRECTED.
-
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE
APPLICATION AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE APPLICATION, SERVICES OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION
PROPERLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION AND/OR SERVICES IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
-
IMMEDIATELY DISCONTINUE USE OF THE APPLICATION AND SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE APPLICATION AND SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
-
REFERENCE TO ANY APPLICATION, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK,
MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION
THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
-
Our responsibility for loss or damage suffered by you.
-
We are responsible to you for foreseeable and direct loss and damage
caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you
suffer that is a foreseeable and direct result of our breach of these Terms or our failing to use reasonable
care and skill, but we are not responsible for any loss or damage that is not foreseeable or indirect. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms,
both we and you knew it might happen.
-
We do not exclude or limit in any way our liability to you where it
would be unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent
misrepresentation.
-
We are not liable for your damage that is avoidable. We
will not be liable for damage that you could have avoided by following our advice to apply an update offered
to you free of charge or for damage that was caused by your failing to correctly follow installation
instructions or to have in place the minimum system requirements advised by us.
-
We are not liable for business losses. If you use the
Application or Services for any commercial, business or resale purpose we will have no liability to you for
any loss of profit, loss of business, business interruption, or loss of business opportunity.
-
Limitations to the Application and Services. The
Application and Services are provided for general information and entertainment purposes only. It does not
offer advice on which you should rely. You must obtain professional or specialist advice before taking, or
refraining from, any action on the basis of information obtained from the Application or Services. Although we
make reasonable efforts to update the information provided by the Application and Services, we make no
representations, warranties or guarantees, whether express or implied, that such information is accurate,
complete or up to date.
-
Check that the Application and Services are suitable for
you. The Application and Services have not been developed to meet your individual requirements.
Please check that the functions of the Application and Services meet your requirements.
-
We are not responsible for events outside our control. If
we have to cancel or delay in providing the Application or Services to you by an event outside our control,
then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or
cancellation, but you expressly acknowledge and agree that we have no obligation to you for such delay or
cancellation.
-
Limitation of
liability.
-
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, IN NO EVENT SHALL WE, AND OUR
DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR:
-
ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES; OR
-
ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION:
-
LOSS OF USE;
-
LOSS OF PROFITS; OR
-
LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR
SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY
INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR
RECORDS, PROGRAMS OR SERVICES.
-
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), APPLICATION
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE
APPLICATION AND/OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE
THEREOF.
-
To the extent that applicable laws (including as set forth in the Additional Terms –
Jurisdiction-Specific) do not allow or may limit the foregoing limitations of liability, such as liability for
death or personal injury caused by our negligence or the negligence of our employees, agents or
subcontractors, or for fraud or fraudulent misrepresentation, or for any damage caused by our willful
misconduct or gross negligence, these limitations may not apply to you or may be limited by applicable law. In
such case you explicitly agree that our (or any such other released parties) liability to you shall apply to
the maximum extent permitted by applicable laws.
-
Your responsibility for damages suffered by us or
others. You agree to defend, indemnify and hold harmless us, our independent contractors,
service providers and consultants, and their respective directors, employees, agents, partners,
affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct,
your violations of these Terms, any misuse of the Application or Services, or your violation of the rights
of any third party.
-
GOVERNING LAWS AND DISPUTE RESOLUTION
These Terms are governed by the laws of Singapore (excluding its conflict of law
rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the
Application or Services cannot be resolved within thirty (30) days following the commencement of consultation or
mediation, then you or we shall submit the dispute for arbitration by the Singapore International Arbitration
Centre (“SIAC”).
Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary
restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent
irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to
these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or
any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and
finally resolved by arbitration administered by the SIAC under the SIAC Arbitration Rules of the SIAC for the
time being in force which rules are deemed to be incorporated by reference in this clause. The seat of
arbitration shall be Singapore. The number of arbitrators shall be three (3). You and we shall each designate
one (1) arbitrator and the President of SIAC shall appoint a person who is the third arbitrator to act as the
presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The
arbitral award shall be final and binding upon you and us.
-
LOCAL REGULATIONS
We make no representation that the Application or Services are available for use
or permitted by law in any particular location. To the extent you choose to access the Application and/or
Services, you do so at your own initiative and are responsible for compliance with any applicable laws,
including but not limited to applicable local laws. You are responsible for complying with local laws, if and to
the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the
transmission of technical data exported from the country you reside in.
-
ADDITIONAL TERMS YOU NEED TO COMPLY WITH
You agree to comply with these Terms and any and all other terms and conditions of
Service Provider in connection with your use of the Application and Services. You are responsible for checking
the Terms and any associated documentation such as the Privacy Policy periodically, so you will be familiar with their contents as they may be amended or
modified from time to time.
-
MISCELLANEOUS
-
Interpretation. In these Terms (except where the
context otherwise requires): (a) words in the singular shall include the plural and in the plural shall
include the singular; (b) any words following the terms “including”, “include”, “in particular”, “such
as”, “for example” or any similar expression shall be construed as illustrative and shall not limit the
sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise
stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or
unincorporated body (whether or not having separate legal personality); (e) the Schedule forms part of the
Terms and shall have effect as if set out in full in the body of the Terms and any reference to these
Terms includes the Schedule.
-
We may transfer these Terms to someone else. We
may transfer our rights and obligations under these Terms to another organization, including in connection
with a merger, sale, reorganization, asset sale, change of control, or similar transaction. If this
happens, we will provide you with prior notice, where required under applicable laws.
-
You need our consent to transfer your rights to someone
else. You may only transfer your rights or your obligations under these Terms to another
person if we give our prior consent in writing.
-
No rights for third parties. A person other than
you and us has no rights to rely on or enforce any term hereunder.
-
If a court finds part of the Terms illegal, the rest will
continue in force. Each of the paragraphs of these Terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining sections, paragraphs or provisions
will remain in full force and effect. If any provision of these Terms is so found to be invalid or
unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision
in question shall apply with such deletion(s) as may be necessary to make it valid.
-
Even if we delay in enforcing the Terms, we can still enforce
them later. Even if we delay in enforcing the Terms, we can still enforce them later. If we
do not insist immediately that you do anything you are required to do under these Terms, or if we delay in
taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to
do those things and it will not prevent us taking steps against you at a later date.
-
Headings for reference only. Headings are for
reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of
the Terms.
-
Prevailing Language. We may translate these
Terms into other languages. Unless otherwise specified in the Additional Terms – Jurisdiction Specific
section, the English language version of these Terms shall be controlling in all aspects and shall prevail
in case of any inconsistency with any other language version (if any).
-
Entire Agreement. These Terms, together with any
terms or document referenced or incorporated herein, constitute the whole legal agreement between you and
us and govern your use of the Application and Services and supersede and extinguish any prior drafts,
agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature
whatsoever, whether or not in writing.
-
Additional Terms – Jurisdiction-Specific
-
United States Specific Terms.
If you are a user of our Application and/or Services in the United States, the
below additional terms: (a) are incorporated into these Terms; (b) apply to your use of the Application and/or
Services, and (c) supersede and control over any conflicts in the rest of the Terms to the extent of any
inconsistency.
-
Applicable Law and
Jurisdiction. These Terms, their subject matter and their formation,
including any arbitration proceeding outlined below, are governed by California law.
-
ARBITRATION AND
CLASS ACTION WAIVER
-
This Section includes an arbitration agreement and an agreement that all claims
will be brought only in an individual capacity (and not as a class action or other representative
proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt
out procedure described below.
-
Arbitration Agreement. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way
to your use of Service Provider’s services and/or products, including the Application and/or Services, or
relating in any way to the communications between you and Service Provider or any other user of the
Application or Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement
applies equally to you and Service Provider. However, this arbitration agreement does not (a) govern any Claim
by Service Provider for infringement of its intellectual property or access to the Application or Services
that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of
applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of
this arbitration agreement within thirty (30) days of the first of the date you access or use this Application
or Services by following the procedure described below.
-
You agree that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and Service Provider are each waiving the right to a trial by jury
or to participate in a class action. This arbitration provision will survive any termination of these
Terms.
-
The arbitration will be administered by the American Arbitration Association
(“AAA”) under
its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related
Disputes. If you are not an individual or have used the Application or Services on behalf of an entity, the
AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available
at www.adr.org or by calling 1-800-778-7879.
-
Payment of all filing, administration and arbitrator fees will be governed by
the AAA's rules. If you are an individual and have not accessed or used the Application or Services on behalf
of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless
the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in
arbitration unless the arbitrator determines the claims are frivolous.
-
The arbitrator, and not any federal, state, or local court, will have exclusive
authority to resolve any dispute relating to the interpretation, applicability, unconscionability,
arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any
part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the
“Class Action Waiver” section below.
-
If you do not want to arbitrate disputes with Service Provider and you are an
individual, you may opt out of this arbitration agreement by sending an email to info@voovmeeting.com within
thirty (30) days of the first of the date you access or use Application or the Services.
-
CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE
PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY
CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO
COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT
A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE,
UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN
ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR
CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED
INDIVIDUALLY, THROUGH ARBITRATION.
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If this class action waiver is found to be unenforceable, then the entirety of
the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory
or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather
than in arbitration, you and Service Provider each waive any right to a jury trial.
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If you are a copyright owner or an agent thereof and believe any content on the
Application or Services infringes upon your copyrights, you may submit a notification of claimed infringement
under the Digital Millennium Copyright Act (“DMCA”) by providing notice
to info@voovmeeting.com containing the following information: (a) a physical or electronic signature of a
person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description
of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you
claim is infringing is located on the Application or Services, (d) your address, telephone number, and email
address, (e) a written statement that you have a good faith belief that use of the material is not authorized
by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the
information in the notification is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. You acknowledge that if you fail to comply with all of the above requirements of
this Section, your DMCA notice may not be valid
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In the event your User Content is removed pursuant to this process, you will
receive information on how to file a counter-notice. Notices described in this section are legal notices
separate from our regular activities or communications and are not subject to our Privacy Policy. This means
that we may publish or share them with third parties at our discretion, and may produce them pursuant to a
legal discovery request.
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California Consumer Rights
Notice. Under California Civil Code Section 1789.3, California users of the Application or
Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the
contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
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Exports. You agree that you will not export or re-export, directly or indirectly the
Application, Services and/or other information or materials provided by Service Provider hereunder, to any
country for which the United States or any other relevant jurisdiction requires any export license or other
governmental approval at the time of export without first obtaining such license or approval. In particular, but
without limitation, the Application and Services may not be exported or re-exported (a) into any U.S.
embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting”
country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including
the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person’s List or Entity List.
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U.S. Government Restricted
Rights. The
Application, Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items
and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions
herein.
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Limitations of Liability. The laws of the State of New Jersey may limit the limitations
of liability set forth in Section 19.3. In such case you explicitly agree that our (or any such other released
parties’) liability to you shall apply to the maximum extent permitted by the laws of the State of New
Jersey.”
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Singapore Specific Terms
This section supplements Section 15 (Your
Privacy):
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Unless consent is obtained, we will not provide your information to any third party for the
purposes of developing and marketing any goods or services.
-
For Admin Users and End Users who belong to an
Organization: Unless consent is obtained, we will only use your End User Service information
(“EUSI”) for the following purposes:
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for planning requirements in relation to network operations or network maintenance for any service
provided by us, excluding activities which are commercial in nature such as business, market or product
research or development;
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for facilitating interconnection and inter-operability between us and such other telecommunication
licensee for the provision of services;
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for the provision of assistance to law enforcement, judicial or other government agencies;
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for compliance with any regulatory requirement imposed by the Info-communications Media Development
Authority authorizing the use of EUSI (for example, for the provision of directory assistance services);
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for managing bad debt and preventing fraud related to the provision of services; and/or
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for the provision of mobile roaming-related information to in-bound mobile roaming customers in
Singapore.
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For individual End Users who do not belong to any
Organization and who are using the Services for their own personal benefit: Regardless of
whether consent has been obtained, we will only collect, use and/or disclose your EUSI for the following
purposes:
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as may be reasonably necessary for planning requirements in relation to network operations or network
maintenance for any service provided by us, excluding activities which are commercial in nature such as
business, market or product research or development;
-
as may be reasonably necessary for facilitating interconnection and inter-operability between us and such
other telecommunication licensee for the provision of services; and/or
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as may be reasonably necessary for the provision of mobile roaming-related information to in-bound mobile
roaming customers in Singapore.
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For the purposes of this Clause 15 (Your
Privacy), EUSI is defined as all information that Service Provider obtains as a result of a
user’s use of the Services provided. This may include, where applicable: the user’s usage patterns
(including number of calls, times of calls, duration of calls and parties called); the services used by
the user; the user’s telephone number and network configuration; the user’s location information; and the
user’s billing name, address and credit history.
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Canada Specific Terms
If you are a user of our Application and/or Services in Canada, the below
additional terms: (a) are incorporated into these Terms; (b) apply to your use of the Application and/or
Services, and (c) supersede and control over any conflicts in the rest of the Terms to the extent of any
inconsistency.
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This Agreement is a contract used in relations with persons outside Quebec. The parties expressly
agree to contract in the English language.
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If you are a consumer, the binding arbitration and governing law provisions in these Terms may not
be applicable to you. To the extent that such provisions are prohibited and/or not enforceable in your
jurisdiction of residence, these Terms may be construed in accordance with the laws of your jurisdiction of
residence, and any action or proceeding arising out of these Terms may be instituted in the courts of your
jurisdiction of residence.
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If you are a consumer in the province of Quebec, any unilateral changes made to these Terms as set
out in Section 12 of these Terms will be made following a 30-day notice period. You may refuse the
modification outlined in the notice and rescind these Terms without cost, penalty, or cancellation
indemnity.
SCHEDULE
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SUPPORT FOR THE APPLICATION AND SERVICES AND HOW TO TELL US ABOUT PROBLEMS
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Support.
If you want to learn more about the Application or Services or have any problems using it, please take a
look at our support page or contact us at: info@voovmeeting.com.
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Contacting us (including with
complaints). If you think the Application or Services is faulty or
inaccurately described or wish to contact us for any other reason regarding the Application or Services
please email our customer service team at:
Email Address
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info@voovmeeting.com
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Telephone
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China Hong Kong +852 800-964-163 (Toll Free)
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PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application may also be controlled by the
relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms
will apply instead of these Terms where there are differences between the two.
Platform
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Platform Terms
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iOS APP Store
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Your use of the Application or Services made available as apps via the iOS
App Store (“iOS Apps”) is subject to any policies promulgated by Apple, Inc. or its affiliates or
subsidiaries (collectively, “Apple”) that apply to the use of such service, including the Apple Media
Services Terms and Conditions available at
https://www.apple.com/legal/internet-services/itunes/.
You acknowledge that:
-
to the extent any third party content is made available or accessible via
the iOS Apps, the third party providing such content shall be solely responsible for such
content;
-
Service Provider may from time to time adjust your visibility, status or
rank on iOS Apps in accordance with these Terms;
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Service Provider, not Apple, licenses or makes available the iOS Apps to
you in accordance with these Terms and these Terms are between Service Provider and you, not
Apple;
-
the license granted to you in the iOS Apps is limited to a
non-transferable license to use the iOS Apps on any Apple-branded products that you own or control and
as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS Apps
may be accessed and used by other accounts associated with the purchaser via iOS Family Sharing or
volume purchasing;
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You and Service Provider acknowledge and agree that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the iOS
Apps;
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you shall be solely responsible for ensuring you use any account that you
use to log into the Application or Services in accordance with the policies applicable to such
account;
-
Apple Inc. and its affiliates are not responsible or liable to you for
content made available through the Application or Services, and as between you and Apple, you, not
Apple, are solely responsible for your use of the Application or Services and the content
thereof;
-
in the event of any failure of the iOS Apps to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App(s) to you; and,
to the maximum extent permitted by applicable laws, Apple will have no other warranty obligation
whatsoever with respect to the iOS Apps, and as between Service Provider and Apple, any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty
will be Service Provider’s responsibility;
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As between Service Provider and Apple, (A) Service Provider, not Apple, is
responsible for addressing any of your claims or claims of any third party relating to the iOS App or
your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims;
(ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, (B) in the event of any
third party claim that the iOS App or your possession and use of that iOS App infringes that third
party’s intellectual property rights, Service Provider, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement
claim;
-
Service Provider does not grant you a right to use any intellectual
property rights, including trademarks, of Apple Inc. or its affiliates. Your use of such intellectual
property rights is granted (if applicable) in accordance with the Apple Media Services Terms and
Conditions and any other policies made available by Apple Inc. or its affiliates from time to time in
relation to use of the platform;
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Service Provider may be required to change the Application or Services, or
these Terms, in order to comply with instructions of Apple. You agree that we are permitted to make such
changes immediately and without notice and shall have no liability to you or others with respect to such
changes; and
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Apple, and Apple’s subsidiaries, are third party beneficiaries of these
Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
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Google Play
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Your use of the Google Play Store is subject to any policies that apply to
the use of such service, including the Google Play Terms of Service available at
https://www.google.com/mobile/android/market-tos.html.
You acknowledge that:
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you are above the minimum age for your country specified in the Google
Play Terms of Service;
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to the extent you are able to upload content or communications to the
Application or Services, you must not promote violence, or incite hatred against individuals or groups
based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual
orientation, gender, gender identity, or any other characteristic that is associated with systemic
discrimination or marginalization;
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we may remove or block access to your Account if we suspect that you have
breached these Terms or the Google Play Terms of Service;
-
Service Provider, not Google Inc. nor any of its affiliates, licenses the
Application or Services to you in accordance with these terms;
-
you shall be solely responsible for ensuring you use any account that you
use to log into the Application or Services in accordance with the policies applicable to such
account;
-
Google Inc. and its affiliates are not responsible or liable to you for
content made available through the Application or Services;
-
Service Provider does not grant you a right to use any intellectual
property rights, including trademarks, of Google Inc. or its affiliates. Your use of such intellectual
property rights is granted (if applicable) in accordance with the Google Play Terms of Service and any
other policies made available by Google Inc. or its affiliates from time to time in relation to use of
the platform; and
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Service Provider may be required to change the Application or Services, or
these Terms, in order to comply with instructions of Google Inc. You agree that we are permitted to make
such changes immediately and without notice and shall have no liability to you or others with respect to
such changes.
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