1GoToPC.com / 1-Meeting.com ( Software as a Service ) Terms of Service
By entering email address for, and/or using any services or software of 1GoToPC.com or 1-Meeting.com or of Ux LTD. (a Cayman Islands company), or Your use of the Ux website (e.g. http://www.1GoToPC.com or http://www.1-Meeting.com), You agree to be bound by the following terms and conditions.
No 1GoToPC.com /
1-Meeting.com and/or Ux LTD. services or software are available for any person under thirteen (13) years of age.
Ux LTD. reserves the right to change, update and revise the Terms of Service at
its sole discretion by posting the most current versions at
http://www.1-Meeting.com/terms.html .
This is the legal agreement (“Agreement”) between You and Ux LTD. (“Ux”), for
use of the Ux LTD. services or software which You selected or initiated, which may include
the 1GoToPC.com / 1-Meeting.com service-as-a-service (SaaS), and/or other
software or services provided
by Ux (“Services”). “You” refers to the individual or entity who (a) entered an
email address or a name, or click a URL-link to use the Services or download any
UX software,
and/or, (b) registered as an individual or on behalf of an entity, and/or, (c)
provided Ux ( or its payment partner PayPal
at http://www.paypal.com )
with credit card or other payment mechanism for the use of Services.
If You
do not agree with the terms of this Agreement, do not use any Ux software, or host or join any internet
1GoToPC or meeting supported by the Services. Any software associated with the Services is
protected by pending patents, copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
1. SERVICES.
Ux will provide the Services in accordance with this Agreement. Ux may at its
sole discretion modify the features of the Services from time to time without
prior notice.
2. RESPONSIBILITY FOR THE CONTENT OF COMMUNICATIONS.
You acknowledge and understand that the content of the communication spread by
the use of the Services is entirely the responsibility of the person (including
You) from whom such content originated. You, therefore, may be exposed to
content that is offensive, harmful to minors, indecent or otherwise
objectionable. Ux will not be liable for any type of communication spread by
means of the Services.
Utilization of Your computer.
Ux’s 1GoToPC.com or 1-Meeting.com meeting may utilize the processor and bandwidth of the computer (or
other applicable device) You are utilizing, for the limited purpose of
facilitating the communication between You and other Services users of Your
meeting. The Services will use its commercially reasonable efforts to protect
the privacy and integrity of the computer resources (or other applicable device)
You are utilizing and of Your communication, however Ux cannot give any
warranties in this respect.
3. USE OF SERVICES
Ux may modify, suspend or discontinue the Services at any time, for any reason,
at its sole discretion. Ux reserves the right to refuse service to anyone for
any reason at any time.
4. PAYMENT ISSUES.
1GoToPC and 1-Meeting.com meeting are free daily (for 20 minutes), and you may pay US$1 for 24-hours usage (from 1.GoToPC.exe / 1-Meeting.exe software).
Please make sure that you're
satisfied with the Services performance before you pay US$1 (for 24-hours
usage), as there is no refund.
Refund policy. There is no refund for Your unused US$1 for 24-hours usage. In the event You do not use fully your purchased 24-hours usage, Your unused 24-hours usage will be forfeited after 24-hours (of your purchase).
Payment. You shall
pay Ux any applicable tariffs (i.e. US$1 for 24-hours usage) as stated on the
website in connection with Your use of payable 1GoToPC / 1-Meet.com meeting. You
will be able to pay with Your PayPal account or with any other payment method
available.
Charges for payable 1GoToPC / 1-Meeting.com meeting shall be free daily (for 20 minutes), and pay US$1 for 24-hours usage, as set out on http://www.1GoToPC.com/rates.html.
You need to pay US$1 for any 1GoToPC / 1-Meeting lasting more than 20 minutes. If Your 1GoToPC / 1-Meeting.com meeting reaches 20 minutes, Your meeting will be stopped. There will be up-to three “n”-minutes warnings ( where n = 10 / 5 / 2 (minutes), before Your 1GoToPC / 1-Meeting.com meeting reaches 20 minutes, so that You can pay US$1 for 24-hours usage ( to avoid Your meeting being stopped due to non-payment of US$1 for 24-hours usage ).
Change of tariffs.
Ux may change the tariffs at any time without prior notice.
Before expiration of the free
(daily) 20 minutes usage (and pay US$1 for 24-hours usage), you should test and be satisfied with
1GoToPC or 1-Meeting.com meeting
performance for your PC and bandwidth, as there is no refund of Ux payments in connection with
your use of (payable) 1GoToPC or 1-Meeting.com meeting (e.g. for 24-hours usage
from 1.GoToPC.exe / 1-Meeting.exe software).
5. NO COMMERCIAL USE.
No
reselling. You agree not to resell the Services to any third party, or to use
the Services for the development, production or marketing of a service or
product substantially similar to the Services. You shall not use the Services in
any manner that could damage, disable, overburden, impair or otherwise interfere
with or disrupt the websites, the Services, or any network or networks connected
to the Services.
6. PROPRIETARY RIGHTS.
Ux and/or
its suppliers, as applicable, retain ownership of all proprietary rights in the
Services and in all trade names, trademarks and service marks associated or
displayed with the Services. You will not remove, deface or obscure any of Ux's
or its suppliers' copyright or trademark notices and/or legends or other
proprietary notices on, incorporated therein, or associated with the Services.
You may not reverse engineer, reverse compile or otherwise reduce to human
readable form any software associated with the Services.
7. TERMINATION.
You may terminate this Agreement by providing written notice to Ux via e-mail to
support@uuxx.com. Such termination will be effective as soon as Ux can process
Your request. In the event of termination, there is no refund of any unused Ux
payments for Your 24-hours usages as detailed in Section 4 “Refund policy” above. If You
fail to comply with any provision of this Agreement, Ux may terminate this
Agreement immediately without notice (and Your unused Ux 24-hours usages will be
forfeited). Sections 2 through 12, inclusive, shall survive any termination of
this Agreement. Upon any termination of this Agreement, You must cease any
further use of the Services and destroy all copies of associated software within
Your possession and control.
8. EXPORT RESTRICTIONS.
You acknowledge that the Services, or portion thereof may be subject to the
export control laws of the United States. You will not export, re-export,
divert, transfer or disclose any portion of the Services or any related
technical information or materials, directly or indirectly, in violation of any
applicable export law or regulation.
9. INJUNCTIVE RELIEF.
You acknowledge that any use of the Services contrary to this Agreement, or any
transfer, sublicensing, copying or disclosure of technical information or
materials related to the Services, may cause irreparable injury to Ux, its
affiliates, suppliers and any other party authorized by Ux to resell,
distribute, or promote the Services ("Resellers"), and under such circumstances
Ux, its affiliates, suppliers and Resellers will be entitled to equitable
relief, without posting bond or other security, including, but not limited to,
preliminary and permanent injunctive relief.
10. DISCLAIMER OF WARRANT.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. UX, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY
OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE
RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES IS BORNE BY YOU.
Indemnity. You agree to defend, indemnify, and hold harmless Ux, its officers, directors, employees, and its affiliates, suppliers and resellers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Service or Your violation of this Terms of Service, applicable law or rights of any third parties related to the use of the Services.
High risk activities.
Without limiting the foregoing, the Services are not fault-tolerant, and are not
designed or licensed for use in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct life support machines, or
weapons systems, in which the failure of the Services could lead directly to
death, personal injury, or severe physical or environmental damage. Without
limiting the generality of the foregoing, Ux, its affiliates, suppliers and
Resellers specifically disclaim any express or implied warranty of fitness for
such purposes.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UX, OR ITS
AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION , DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER
INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO
MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND
ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR
FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF UX, ITS
AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
13. SEVERABILITY, NO ASSIGNMENT, GOVERNING LAW, ATTORNEYS FEES, ENTIRE
AGREEMENT.
The failure of Ux to enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision.
If any provision of
this Agreement is held by a court of competent jurisdiction to be illegal,
invalid or unenforceable, that provision will be amended to achieve as nearly as
possible the same economic effect of the original provision and the remainder of
this Agreement will remain in full force and effect.
These Terms of Service apply
to You and may not be transferred, assigned or delegated to anyone without the
express written permission of Ux. Any attempt by You to assign, transfer or
delegate these Terms of Service without the express written permission of Ux
shall be null and void. These Terms of Service shall be governed by the law of
California, USA, without regard to its conflicts of law provisions. If either Ux
or You employs attorneys to enforce any rights arising out of or relating to
this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees. These Terms of Service comprise the entire agreement between
You and Ux with respect to the use of the Service and supersedes all prior
agreements between the parties regarding the subject matter contained herein
(including any prior versions of the Terms of Service).
© 2007-12 Ux LTD. (a Cayman Islands company). All Rights Reserved. - Last revised: February 1st, 2012.