Evogh SeeVogh’s Terms of Service create an agreement (the “Agreement”) between you and Evogh, Inc. If you do not agree to this Agreement, please click the “Cancel”/”Back” button and do not use the Services. If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.
- Access and Registration
To access the Services, you will need your own computer and high-speed internet access. To register, you will need a user name, email address, and password. If you are hosting a meeting, you will need to provide credit card information (collectively, the “Registration Information”). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Evogh of any unauthorized use or breach of your account.
- Data, Information and Privacy
You agree that Evogh may collect, use, process and store information about you and your use of the Services, including the transfer of such information to the United States and/or another country outside the European Economic Area. In addition, information that you submit to Evogh in connection with the Services will be handled in accordance with our privacy statement located at http://seevogh.com/legal/privacy-statement.
- Your Responsibilities as a Evogh User; License to Your Content
You are responsible for the content of all visual, written or audible communications and any other material (“Content”) used in connection with your account. Evogh will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Evogh from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your violation of this Section 3.
You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Evogh.
You agree not to upload, post, email, or transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You agree not to upload, post, email, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual’s publicity or privacy rights.
You agree not to upload, download, transmit, or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
Evogh has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
You may be required to download and install Evogh software (“Software”). In that event, Evogh agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Evogh in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Evogh are hereby reserved. You agree not to take any action to interfere with Evogh’s or its supplier’s ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software
other than as authorized by Evogh to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Evogh, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
Notwithstanding the provisions of the previous paragraph, you understand that the Software contains or is distributed with certain third party computer programs that are publicly available, that are distributed as part of the Software and for which the source code is written by persons or entities other than employees of Evogh or contractors under the direction of Evogh (the “Public Software”). The Public Software is distributed by Evogh “AS IS” and without warranty of any kind.The Public Software and the terms under which it was obtained by Evogh are listed at http://www.seevogh.com/legal/opensource.pdf
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND DISTRIBUTION OF ANY SUCH PUBLIC SOFTWARE IS SUBJECT TO THE TERMS OF THE APPLICABLE PUBLIC SOFTWARE LICENSE(S), AND THAT YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH THE TERMS OF SUCH PUBLIC SOFTWARE LICENSE(S). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, PRIOR TO USING THE PUBLIC SOFTWARE FOR ANY OTHER PURPOSE, AND IN ANY CASE BEFORE COPYING, MODIFYING, OR DISTRIBUTING ANY PUBLIC SOFTWARE, YOU WILL CONFIRM THAT YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO DO SO FROM THE APPLICABLE THIRD PARTY LICENSOR (THE “LICENSOR”), WHICH CONFIRMATION MAY INCLUDE OBTAINING A SEPARATE LICENSE FROM THE LICENSOR EXPRESSLY AUTHORIZING YOU TO DO SO..
- Availability of the Service
The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. Evogh may make modifications to its features or any services to comply with laws and regulations. Evogh owns all the proprietary rights and interests in the Services and Services websites.
- Suspension or Termination of Your Account
You agree that Evogh may suspend or terminate your access to the Services without notice if: (a) Evogh determines that you have violated this Agreement or (b) Evogh is required to do so by any court or government authority in any country.
Evogh may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation.
You agree that Evogh has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 2, 3, 5, 4, 6, 7 (as to amounts due and owing), 8, 9 and 11.
- Service Fees and Payment
If You have registered to host a meeting, then You agree that Evogh may charge your credit card or bill you for all amounts due and owing for your use of the Services. Evogh reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Evogh in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Evogh may suspend the Services for non-payment of undisputed fees. Evogh is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services. Evogh may discontinue the Service or change the fees for the Service (including adding and deleting features) without notice.
- No Warranties
To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Evogh and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. EVOGH AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. EVOGH AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
- Limitation of Liability
YOU AGREE THAT EVOGH, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF EVOGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EVOGH AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO EVOGH FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
- Changes to this Agreement
Evogh may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://seevogh.com/legal/seevogh-terms-of-service.. If Evogh makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.
- Other Legal Terms
11.1 Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Evogh shall have no liability or obligation relating to those services or goods.
11.2 You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants in a recorded Evogh meeting or event that the meeting or event is being recorded or that Content or personal information is being transferred outside the European Economic Area, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Services where you are located, as well as where your meeting invitees are located. You agree that the use of Evogh is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
11.3 This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Evogh may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.
11.4 Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
11.5 You agree that if Evogh does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Evogh’s rights and that those rights or remedies will still be available to Evogh.
11.6 If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.
11.7 This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, shall be brought exclusively in the courts located in the county of Los Angeles. You and Evogh agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
11.8 If you believe that Evogh or any user of Evogh has violated a copyright, please contact us at http://seevogh.com/legal/copyright/ for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.