Terms of Service
Effective Date: [May 1, 2020]
Welcome to www.meetvirtually.com (the “Website”). By using this Website, you agree to comply with and be bound by the following Terms of Service. Please review the following terms carefully. If you do not agree to these terms, you may not access or use this Website. The terms “Meet Virtually” or “us” or “we” or “our” refer to Meet Virtually LLC, the owner of the Website. The terms “you” or “your” refer to the user or viewer of the Website.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Service Agreement (the “Agreement”) with respect to the Website. This Agreement is the only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of the Agreement. You must be eighteen years old to use our Website. The Privacy Policy is incorporated by reference into this Agreement, and your agreement to be bound by this Agreement means you are also bound by the Privacy Policy. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website, so you are aware of any changes. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
2. Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Website. The postings of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website is the copyrighted work of third parties.
3. Trademarks
Meet Virtually’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Meet Virtually or its affiliates or licensors. You must not use such marks without the prior written permission of Meet Virtually. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
4. Limited License; Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with this Agreement. All other rights are reserved.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Website and any information, products, services and materials it contains (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, print (except for the express limited purposes permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content retrieved therefrom; (b) use the Website or any Content to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resources (in any media now existing or hereafter developed), that is offered for commercial distribution; (c) create compilations or derivative works of any Content from the Website; (d) use any Content from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information form the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmission or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.
6. Registration
Certain sections of, or offerings from, the Website may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
7. Errors, Corrections and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Website.
8. Third-Party Content
Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
9. Unlawful Activity
We reserve the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
10. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
11. Nontransferable
Your right to use the Website is not transferable or assignable.
12. Disclaimer
The information and Content from or through the Website are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or services, except as provided in Section 13(b). No advice or information, whether oral or written, obtained by you from us through the Website or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
13. Limitation of Liability
(a) We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Website and the Content presented would not be provided without such limitations.
(b) The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Website and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
14. Use of Information
We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Website. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
15. Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyright work that you claim has been infringed;
- A description of where the infringing material is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can reach us directly by emailing us at hello@meetvirtually.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.
16. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content provided therein.
17. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of New York without regard to conflicts or choice of law rules or principles. Any action to enforce the terms of this Agreement shall be filed in the State or Federal Courts located in Kings County, New York, only.
18. Contact Information
If you have any questions or concerns about this Agreement, please email us at hello@meetvirtually.com.
