Terms of service
This Terms of Service Agreement (“Terms of Service” and/or “Agreement”) is entered into between Aria Communications Limited, all of its subsidiaries and all of its parent companies (collectively, “Aria Communications Limited,” “we,” and/or “us”) and the individual or entity that accesses and/or uses the “Services” (defined herein) provided by Aria Communications Limited, including without limitation, any employee, independent contractor, invitee or agent of such individual or entity whether or not a “subscriber” to the Services or the Services have been paid for by anyone (“User,” “you,” and/or “your”).
BY CREATING YOUR ACCOUNT, ACCESSING AND/OR USING THE SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT AND
RETAIN A COPY FOR YOUR RECORDS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO AND SHOULD NOT ACCESS OR USE THE SERVICES.
- Definitions. Capitalized terms have the following meanings unless otherwise defined herein:
- “Account” The means by which Aria Communications Limited authorizes access to the “Services” (defined herein) through the purchase of and/or establishment of future payment(s);
- “Affiliate” Any direct or indirect parent or subsidiary of Aria Communications Limited (whether wholly, majority, or minority owned by the common owner), any Aria Communications Limited officer, director, employee;
- “Agreement” This “Terms of Service Agreement” together with other agreements defined
- “Conference” A unique video conference session hosted and/or delivered through the Services
and all data, packets, information, communication and/or material transmitted,
copied, uploaded, transferred, controlled, downloaded, recorded, (whether or
not recorded with Aria Communications Limited functionality or any other installed or stand-alone device or medium) and/or otherwise associated with such unique video conference
session, including your “Content” (defined herein);
- “Content” Any data, packets, information, communication or other material that is
transmitted, uploaded, transferred, controlled, downloaded, recorded or
otherwise made available or existing in conjunction with the a Conference
whether or not using your Log-In Information, including without limitation any
and all documents, articles, transcripts, audio clips, caricatures, computer
programs, designs, icons, illustrations, images, multimedia, photographs,
sounds, text, video clips, “Personal Information” (defined herein), identities
and likeness of “Persons” (defined herein), recordings, and any other spoken,
written or electronic expressions or works.
- “Person” Any individual human being or legal entity;
Information” Any information collected or maintained by Aria Communications Limited that identifies or could be used to identify you and others Persons;
- “Participant” Any Person who participates in a Conference;
- “Presenter” Any Person who hosts a Conference and/or presents information to participants;
- “Site” The internet domain “www.Aria Communications Limited.com,” any sub-domains thereof and/or any successor websites owned and/or controlled by Aria Communications Limited;
- “Services” Collectively, the Site and Conference(s) made available to you by Aria Communications Limited;
- USE OF YOUR ACCOUNT BY OTHERS.
If you intend to authorize employees and/or other Persons to use the Services through your Account, you hereby agree to these Terms of Service whether or not you personally use the Services, and you further agree to: (a) cause all other Persons who access the Services through your Account to comply with this Agreement; and (b) pay all amounts due for the
Services used under your Account.
- NON-Ownership of Services.
Your use of the Services is licensed and not sold to you solely for your use under the terms and conditions of this Agreement and the License granted herein. Aria Communications Limited retains all right, title, and interest relating to or embodied in the Services,
including without limitation all intellectual property rights, technology, know-how and copies relating thereto.
You hereby agree to promptly enter into any further agreements required by Aria Communications Limited to legally or commercially document, perfect or retain such ownership, including without limitation, if applicable, ensuring that any of your employees and contractors do the same.
- Ownership of Marks.
All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Services (collectively, the “Marks”) are the property of Aria Communications Limited or its Affiliates. Aria Communications Limited and its Affiliates retain all right, title and interest in and to the Marks, including all intellectual property rights. You may not remove from, add to, or alter any portion of the Marks, copyright notices or other proprietary rights or markings associated with the Services. You are prohibited from using any of the Marks for any purpose without Aria Communications Limited’s prior express written consent.
5.License of Content.
Aria Communications Limited does not verify or endorse any Content. Aria Communications Limited does not represent or endorse the accuracy or reliability of any Content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. Any Content placed on the Site represents solely the views of the publisher of the Content and does not represent the views of Aria Communications Limited. You are solely responsible for your Content including, if desired by you, the making and keeping of back-up copies of any or all Content. Aria Communications Limited has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content (whether or not processed by the Services), or the security,
privacy, storage or transmission of other communications originating from any
Conference or involving use of the Services.
7.User Representations, Warranties and Covenants.
With the knowledge and understanding that Aria Communications Limited and its Affiliates will rely on the following representations, warranties, and covenants by you, which you will ensure remain true and correct at all times during the life of this Agreement,
you hereby represent, warrant, and covenant that:
- Use of Services.
(i) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder including without limitation having a valid license to use the software applications that facilitate a Conference and/or generate Content.
(ii) Your ability to access and use the
Services may require the payment of third party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or internet service provider fees and/or fees or taxes imposed on internet services, including any sales or use taxes by governmental agencies) and that Aria Communications Limited shall not be responsible for paying any such fees, charges and taxes.
(iii) To gain access to and use the Services (other than to merely browse publicly-accessible areas of the Site), you will be required to provide an e-mail address and to create a log-in and password (collectively, “Log-In Information”). You are solely responsible for all activity occurring under your Log-In Information. You must keep your Log-In Information confidential and must not share your Log-In Information with third parties. Aria Communications Limited has no obligation or responsibility with regard to your use, distribution, disclosure or management of Log-In Information. Notwithstanding the foregoing, Aria Communications Limited may require you to change your Log-In Information if such Log-In Information is inconsistent with the terms of this Agreement. You agree that Aria Communications Limited may act in reliance, without investigation, upon any of your Log-In Information. We will not be required to inquire into the truth or evaluate the merits of any of your Log-In Information or any statement or representation contained in any notice, document or other communication presented or otherwise transmitted by you. Any Person using your Log-In Information is conclusively deemed to have actual authority to engage in transactions using the Services and, accordingly, all transactions made by a Person using your Log-In Information are hereby authorized and approved by you, and you hereby agree to indemnify, defend and hold Aria Communications Limited harmless from any claims or damages arising from or relating to any such transactions.
(iv) You acknowledge and agree that your use of the Services may require equipment and/or software that you may need to access or use the Services, and that Aria Communications Limited shall not provide or be responsible in any way for such equipment and/or software.
(i) You are the owner or authorized user of all Content related to your use of the Services.
(ii) Unless you have all requisite rights to submit and use Personal Information and other Content in connection with a Conference (whether belonging to you, to another participant in a Conference, or any third party), you acknowledge and agree that you will not submit such Content or information to the Site or to otherwise use such Content in any manner that involves the Services.
(iii) You will not publish, post, upload, record, link to or otherwise distribute or transmit any Content that: infringes or violates, or would infringe or violate, any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual
property or proprietary right of Aria Communications Limited or any other Person, or any rights of publicity or privacy of any Person; violates any applicable law, statute, ordinance or regulation (including without limitation applicable laws and regulations concerning anti-discrimination, export controls, false advertising or unfair competition); promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material; is harmful to minors; contains corrupted files, trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with any data, information, property or system of another Person or that may damage or interfere with the Services; is materially false, misleading or inaccurate; advocates, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity; attempts to mislead others about your identity or the origin of any message or other communication, impersonates or otherwise misrepresents your affiliation with Aria Communications Limited or any other Person, or is otherwise false, misleading or inaccurate; or contains information for which you do not have the right to permit Aria Communications Limited to collect and process.
- Legal Compliance.
(i) You have the full power and authority to grant all licenses and other rights to third party property (including third party intellectual property) that are granted or required to
be granted by you to Aria Communications Limited and its Affiliates pursuant to this Agreement.
(ii) You are solely responsible for your familiarity and compliance with any and all laws that may prohibit you from accessing or using any part or all of the Services or from participating in any Conference or that may limit or regulate such participation or use.
(iii) You agree not to use the Services for any illegal purpose.
(iv) You agree to comply with all applicable local, state, national and international laws and regulations, including without limitation laws relating to intercepting, monitoring or
recording communications, privacy and data protection, and public displays or
performances. You further agree that neither this Agreement nor any other right
or remedy of Aria Communications Limited requires Aria Communications Limited to exercise any right or remedy in order to benefit or protect you or any other Person, although Aria Communications Limited reserves the right to do so in its sole discretion.
- Payments By You.
The payment information supplied to Aria Communications Limited by you (if applicable) is, and shall at all times during the life of this Agreement, be true, accurate and
complete. You covenant that payments made by you to Aria Communications Limited and Affiliates will be honoured by the financial entity facilitating the payment on your behalf. If
any payment is not so honoured, you remain liable for payment of all amounts due
under this Agreement. You acknowledge and agree that we may change our charges,
fees and pricing for future renewals of the Services, and that the cost of
future renewals for the Services may increase.
- Unauthorized Use.
You acknowledge and agree that any unauthorized use, copying or distribution of
the Services is expressly prohibited by law and by this Agreement and may result in severe civil and criminal penalties against you. Violators will be prosecuted by Aria Communications Limited to the maximum extent possible. Without limitation, you
agree not to engage in any of the following unauthorized uses:
(i) Attempt to gain unauthorized access to the Services, or to other Accounts, computer systems or networks connected to the Services, whether through hacking, password mining or any other means;
(ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;
(iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
(iv) Engage in any extraction of data or data fields, including without limitation e-mail addresses;
(v) Disrupt, interfere with or inhibit any other Person’s use and enjoyment of the Services;
(vi) Violate the rights of Aria Communications Limited or any third party, including
without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of Aria Communications Limited or any third party;
(vii) Use any Aria Communications Limited domain name as a false return e-mail address;
(viii) Use the Aria Communications Limited name to advertise, market or sell any type
of goods or services or imply in any type of communication that Aria Communications Limited endorses or is associated with such goods and services unless Aria Communications Limited has given its prior written consent for such activity;
(ix) Access and/or use the Services or any type of software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, the Aria Communications Limited server and/or any network connected to the Services;
- Contact Interface.
You acknowledge and agree that Aria Communications Limited may obtain and record information about your contacts, your use of, and availability on the Services at any given time, among other information, and that Aria Communications Limited can utilize and maintain this information: for its own use; to provide marketing communications to you; to
provide marketing communications to your contacts; and for disclosure to third
parties (including government officials or pursuant to any court order) in accordance with applicable law or governmental request at any time.
8.Updates and Amendments.
anything in this Agreement to the contrary, if Aria Communications Limited posts amendments to the Terms of Service on the Site, such terms will automatically become effective, shall be incorporated into this Agreement immediately, and where inconsistent
with any other terms and conditions of this Agreement shall supersede any such
conflicting terms or conditions. By using the Services after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.
9.Security of Communications.
You acknowledge and agree that the Services are conducted and provided by Aria Communications Limited electronically through the internet and that Aria Communications Limited cannot guarantee the security or privacy of any electronic communications in which you participate.
- Disclosure of Personal Information.
Information. All required registration information that you provide to Aria Communications Limited must be current, complete, and accurate and must be kept up to date with
Aria Communications Limited on a prompt, timely basis. If your use of and access to the Services includes password-restricted access to your sensitive information (such as, for
example, customer lists and contractual terms), then by accessing or using the Services and setting up an Account, you consent to the display and storage of such information by Aria Communications Limited and accept all risks of unauthorized access to such information.
- Compliance with Privacy Regulations.
The Services may allow you to record conferences and to collect and utilize identifying information about you and other Conference Participants, including without limitation, Personal Information such as a likeness, name or voice that is displayed, processed, stored and/or transmitted as part of a Conference. The laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications. In addition, the laws of some jurisdictions restrict collection, storage and use of Personal Information. You agree to comply with all applicable laws, to obtain all necessary consents, and to make all necessary disclosures before using the Services, including without limitation when using the recording feature. You acknowledge that any or all of your Content may be recorded and transmitted by other users in a Conference or with whom you otherwise communicate. When you participate in a Conference, you are solely responsible for your position in the entire field of view of your
camera and any information about you that is visible to any other Conference participant that may or may not be recorded, transmitted and/or stored by that participant and/or by Aria Communications Limited by any method or means as a result of your participation in a Conference. Whether as a host, participant or otherwise, you are solely responsible for, and shall indemnify Aria Communications Limited and its Affiliates for your access to and use of any third party data and information including Personal Information that is communicated in a Conference or that you otherwise have access to through your use of the Services.
- Locations of Aria Communications Limited Data Centers.
Personal Information and Content may be transferred, stored and/or processed in multiple locations in which Aria Communications Limited or its Affiliates maintain facilities. By using the Services, you consent to any such transfer, processing and storage of Personal Information outside of your location of citizenship and/or residence.
- Regulated Access.
The Services may not available in certain locations and to certain Persons in order to comply with applicable laws and regulations. Aria Communications Limited reserves the right, in
its sole discretion, to deny access to the Services at any time and for any reason whatsoever, including without limitation to comply with applicable law.
- Restrictions on Use.
You agree not to decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code or technological know-how of any component of the Services. You may not create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent, sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly, any portion of the Services or any rights thereto. You are prohibited from reselling or acting as agent for any component of the Services without Aria Communications Limited’s prior express written consent.
- Export Control Laws.
You acknowledge that some laws and regulations in various locations restrict the export and re-export of certain technical data relative to their origin. Without limiting the foregoing, you acknowledge that your Content may be subject to controls by various regulatory agencies around the world. You agree that you are solely responsible for avoiding any actions that may be deemed to be violations of such laws and regulations, and that Aria Communications Limited shall bear no responsibility or liability for any such violations committed by you in
connection with your use of the Services.
- Hazardous Environments & High Risk Activities.
The Services are not designed for use in connection with any hazardous or high risk activity or any circumstances requiring fail-safe performance or controls, including without limitation: the operation of nuclear facilities; aircraft navigation or communication systems;
air traffic control; medical care, surgery or life support machines, rescue or emergency situations, weapons systems or any other environment or situation in which the failure of a
Conference or of the Services could, directly or indirectly, lead to death, personal injury or material property damage. You acknowledge and agree that any use of the Services by you and/or at your instruction (whether express or implied) in connection with any activity or circumstances deemed by Aria Communications Limited to be hazardous or high-risk shall be done solely and wholly at your own risk.
- Links to Third Party Sites.
The Site may include links that will take you to other websites (collectively, “Linked Sites”). The Linked Sites are provided by Aria Communications Limited to you as a convenience, and the inclusion of such links does not imply any endorsement by Aria Communications Limited of any Linked Sites. Aria Communications Limited has no control over the Linked Sites. Neither Aria Communications Limited nor its Affiliates are, and under no circumstances shall be, responsible for any content, product or service of any Linked Sites. You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk. You acknowledge and agree that Aria Communications Limited is not responsible for the content of any Linked Sites, any link contained in any Linked Sites, and any changes or updates to Linked Sites. You further acknowledge and agree that Aria Communications Limited is not responsible for any form of transmission received from any Linked Sites.
- Copyright Infringement.
Aria Communications Limited will, in appropriate circumstances as determined in its sole
discretion, terminate this Agreement (including the License and other rights granted to you herein) if you infringe the intellectual property rights of others. Aria Communications Limited may, in its sole discretion, investigate notices of copyright infringement and take appropriate actions. If you believe that any work of authorship has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the Services, please provide us with all of the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed; (c) a description of what Conference the claimed infringing material is related to;
(d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a written statement by you, made under penalty of perjury, that the above-described information in such notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
Aria Communications Limited does not generally monitor activity occurring in connection with the Services. However, if Aria Communications Limited becomes aware of any actual or possible violations by you of any provision of this Agreement Aria Communications Limited reserves the right to investigate such actual or possible violations and Aria Communications Limited may, at its sole discretion, immediately terminate this Agreement with you, or may change, alter or remove Content, in whole or in part, without prior notice to you. If, as a
result of any such investigation, Aria Communications Limited believes that criminal activity has occurred or is occurring, Aria Communications Limited reserves the right to refer the matter to and cooperate with applicable law enforcement authorities. In connection with any
such investigation, Aria Communications Limited is entitled to disclose to law enforcement or other government officials, as Aria Communications Limited in its sole discretion believes to be necessary or appropriate, any information that is in our possession resulting from your use of the Services, including without limitation Personal Information (except to the extent prohibited by applicable law).
- Identifying Numbers and URI’s.
Any type of identifying number, user name, “domain” name, “address,” and/or unique resource indicator (“URI”) provided to you to be used with the Services is leased and not sold. The URI may only be used with the Services and may not be transferred to or used in connection with any other service. Aria Communications Limited has the right to accept, change, delete or modify any URI without notice. The URI will be made searchable for all users, unless explicitly agreed in writing between you and Aria Communications Limited. Upon expiration, cancellation or termination of the Services, you shall discontinue use of the
URI and any video numbers and/or internet portals previously assigned to you for use with the Services.
- Content Access and Storage.
or as necessary to maintain or provide the Services, including without limitation:
(i) to respond to service requests;
(ii) to restore the applicable Content at your request in the event of a
(iii) to conform to legal requirements or comply with legal process as deemed necessary
or advisable by Aria Communications Limited in good faith;
(iv) to detect, prevent or otherwise address fraud, security or technical
(v) to enforce this Agreement, including investigation of potential violations hereof; and/or
(vi) if you have requested that Aria Communications Limited serve as host, producer, moderator, or facilitator for any Conference, presentation, or event as part of the Services.
- At the request of a Presenter or any individual designated to conduct a Conference the Services may collect certain Personal Information and other information which any Presenter in any Conference may see and may be shared with other users of the Services at the request of a Presenter or as an automatic function of the Services, including without limitation, your name, address, phone number, e-mail address and any other Personal Information or other information you provide to the Services or as requested by any Presenter.
- Aria Communications Limited has no control over, and shall have no liability for, whether and in what manner any participant uses your Personal Information in a Conference or otherwise. Aria Communications Limited does not pre-screen information that users provide or otherwise submit in using the Services. Aria Communications Limited may collect certain information regarding your use of the Services, such as the name of the internet service provider and the internet protocol address through which you access the internet; the time you
access the Services; the pages that are accessed at the Site; and the internet address of the website from which you accessed the Site. Aria Communications Limited uses this information to support the Services and, in accordance with any communications preferences
indicated by you and as otherwise permitted under this Agreement, to send you communications regarding Aria Communications Limited, its products and its services.
- DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS-IS” ON AN “AS-AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS DESCRIBED BY ARIA COMMUNICATIONS LIMITED AND UNDER THE TERMS OF THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARIA COMMUNICATIONS LIMITED HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY, WORKMANLIKE EFFORT, ACCURACY, AVAILABILITY, AND/OR NON-NEGLIGENT PERFORMANCE. THE SERVICES ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL RATHER THAN CONSUMER-ORIENTED IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO YOUR USE OF THE SERVICES NOR TO ANY OF THE TRANSACTIONS CONTEMPLATED BY AND CONSUMMATED PURSUANT TO THIS AGREEMENT.
This Agreement gives you specific legal rights. You may also have other legal rights that vary from location to location. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the limitations contained in this Agreement may not apply to you.
- LIMITATION OF LIABILITY.
- Use at Your Own Risk.
The use of the Services and the downloading or other use of any information or
materials therefrom shall be done solely at your own discretion and risk and
with your understanding that you will be solely responsible for any damage to
your computer system or any loss of data or any other harm that results from
such activities. Aria Communications Limited will not be liable for any loss that you may incur as a result of someone else using your Log-In Information, either with or without
your knowledge. Aria Communications Limited shall have no responsibility for any failure that arises out of your use of the Services with any hardware configuration, platform or operating system, including without limitation any failure related to or arising from your inability to connect to or to access the Site, Software or Services due to problems related to your computer hardware, any software program, network, your internet service provider or any other similar problem.
- Use of Content.
You agree that neither Aria Communications Limited nor any of its Affiliates shall be liable for any Content or the access, recording, storage or other use by Aria Communications Limited thereof, including without limitation:
(a) any Content that is sent, received, held, released or otherwise connected in any respect to the Services;
(b) any Content that is sent but not received;
(c) any access to or alteration of Content by you or any other Person; (d) any Content sent using, or included in, the Services;
(e) any defamatory, illegal, obscene, offensive or threatening content;
(f) the conduct of you or anyone else in using the Services; or
(g) any infringement of another Person’s rights, including without limitation
rights of privacy, intellectual property or data protection.
- Third-Party Providers.
Aria Communications Limited offers no guarantees and assumes no responsibility or liability of any kind with respect to third-party services, including without limitation any liability resulting from incompatibility between the Services and any third-party services. You agree that you will not hold Aria Communications Limited or any Affiliate responsible or liable for any matter caused by or related to services provided by any third-party.
The Services may include technical mistakes, interruptions, inaccuracies and/or
- Force Majeure.
Aria Communications Limited will not be liable for any non-performance or delay in performance caused by any event reasonably beyond the control of Aria Communications Limited including without limitation accidents, acts of God, acts of government, the activities of hackers, civil disturbance, earthquake, embargo, epidemics, explosion, fire, flood, force of nature, hostilities, malicious conduct, national emergency, revolutions, riots, wars, service outages resulting in failures of equipment, telecommunications, power failures, network failures or failures of third party service providers (including providers of internet services and telecommunications).
Except as otherwise required by applicable law, you agree that you will not be entitled
to any damages under or pursuant to this Agreement except for the direct monetary damages actually incurred and proven by you in reasonable reliance upon use of the Services, and that such proven damages shall be limited to the amount you actually paid for the Services during the three-month period prior to the event giving rise to your claim. Without limiting the foregoing, you agree that the following damages are expressly excluded:
(i) Any and all indirect, special, incidental, punitive and consequential damages;
(ii) Any and all damages for: loss of confidential or other information (including without limitation Personal Information); business interruption; personal injury; loss of privacy; loss of profits; emotional distress; and failure to meet any duty of good faith or reasonable care;
(iii) Any and all damages resulting from your inability to use the Services or to access data, information (including without limitation Personal Information) or Content;
(iv) Any and all damages for any other claim arising out of or in connection with:
the statements or actions of any third party on or via the Services; any dealings with vendors or other third parties; any unauthorized access to or alteration of your transmissions, materials, information (including without limitation Personal Information) or other data; any information that is sent or received, or that is not sent or not received; any failure to store, or loss of, data, files, materials or other Content; any access to or use of the Services that is delayed or interrupted; any Linked Sites; or your access to or use of, or inability to access or use, any Linked Sites;
(v) Any and all damages based on any theory of legal liability including statute, breach of contract, breach of warranty, tort (including negligence), product liability, negligent misrepresentation or otherwise, even if Aria Communications Limited or its Affiliates have been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose;
(vi) Any and all damages arising out of, related to, or based upon your inability to connect to or to access the Services due to problems related to your equipment, any software, your internet service and/or any other similar problem out of Aria Communications Limited’s control; and
(vii) Any and all damages for any pecuniary loss whatsoever.
- Indemnification and General Release.
You hereby agree to release Aria Communications Limited and Affiliates from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with:
(a) your use of the Services and for any other purpose whether or not contemplated
or permitted by this Agreement; and
(b) from any transaction, event, occurrence, injury or other damage arising from or related to any Conference you participate in and any Content in any such Conference. You hereby also
agree to defend, indemnify and hold Aria Communications Limited and Affiliates harmless from and against any and all claims, liabilities, damages and costs (including without limitation fees, costs and expenses of attorneys) arising out of or related to:
(a) Use of or access to the Services by you or by any Person using your Log-In Information, whether or not such use was authorized by you;
(b) Any actual or alleged violation of this Agreement or applicable law by you or by any Person using your Log-In Information, whether or not such use was authorized by you;
(c) Any actual or alleged infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any Person using your Log-In Information, whether or not such use was authorized by you;
(d) Any recordings made by you of the communications, likeness, name, voice or other Personal Information of Conference attendees or any other users of the Services;
(e) Any claims or allegations for product liability, unsuitability or lack of fitness for a particular purpose, or any other claims or allegations arising out of or related to the use of the
(f) Any disputes between you and any other participant in a Conference or the Services; and/or
(g) Your negligence or wilful misconduct.
Resolution. Any claim, dispute or controversy, whether in contract, tort or otherwise, whether pre-existing, present or future, including statutory, consumer protection, common law, intentional tort and/or equitable claims by you against Aria Communications Limited, its agents, employees, principals, successors, assigns and/or Affiliates arising from or relating to this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be resolved exclusively and
finally by binding Arbitration administered by the International Chamber of Commerce under its Commercial Rules before a single Arbitrator. The venue of the Arbitration proceeding shall be Oslo, Norway or such other venue to which the parties may agree in writing. The Arbitrator shall be empowered to grant whatever relief would be available in court of competent jurisdiction under law or in equity. Any Award of the Arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent
jurisdiction. The Arbitrator may grant reasonable attorney and/or other fees to the prevailing party. You acknowledge and agree that separate from any Arbitration proceeding, Aria Communications Limited may also seek injunctive or equitable relief in a Court of competent jurisdiction to prevent irreparable injury to it, its Marks, and/or other intellectual property, and in such proceeding you consent to the jurisdiction of such Court. YOU HEREBY ACKNOWLEDGE THAT YOU ARE GIVING UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY DISPUTE UNDER THIS AGREEMENT. OTHER RIGHTS THAT MAY HAVE BEEN AVAILABLE IF
THE DISPUTE WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
You and Aria Communications Limited will provide any communication to each other under this Agreement as follows:
- Notice to You.
Notice shall be sent to you either:
(1) via electronic means to the e-mail address associated with your Account and shall be deemed delivered when sent by Aria Communications Limited; or
(2) by hard copy first class mail to the address contained in your Log-In Information and shall be deemed delivered five
(5) calendar days after mailing.
- Notice to Aria Communications Limited.
Except where an electronic notice to Aria Communications Limited is expressly permitted by this Agreement, notice shall be sent to Aria Communications Limited addressed to the principal place of business indicated on the Site, to the attention of the President, either via:
(1) postal mail, signature required and return receipt requested; or
(2) overnight courier with delivery signature required. Any notice sent by you shall be deemed delivered when actually received and signed for by an authorized representative of Aria Communications Limited.
- Governing Law.
This Agreement shall be construed in accordance with, and governed by the laws of
the jurisdiction in which the Services are used.
- Reservation of Rights.
Aria Communications Limited reserves all rights not expressly granted in this Agreement.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in full force and effect.
- No Waiver.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless expressly agreed to by Aria Communications Limited in a non-electronic writing manually signed by a duly authorized officer of Aria Communications Limited.
If you are an individual and are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have due authorization from the governing body of such entity to enter into this Agreement and to bind such entity to all of the terms and conditions of this Agreement.
The headings of the sections and subsections in this Agreement are provided for convenience only and may not be deemed to affect its construction or interpretation.
- Entire Agreement.
- Fair usage policy – Enterprise User License (EUL)
The EUL is intended as a personal- or team named license and intended used for business purposes. The named user should be a participant in all calls associated with his/her account. The purchase and reasonable use of an EUL as a shared resource (like a team room) is permissible. Use of the EUL that is inconsistent with these Fair Usage terms may result in the suspension or termination of the license. No single call can include more than 30 participants
No re-sale: The EUL is for a single enterprise only and can under no circumstance be sold, leased, forwarded or in any way be extended to a third party.
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