Voxeet’s EULA agreement

Read this carefully—it creates a legally binding contract.

Voxeet, Inc. (“Voxeet,” “us,” “we”) is excited to provide you access to our state-of-the-art Internet communication solution that we will here call the “Voxeet Service.” As we open our Voxeet Service to public consumption, there are certain rules of the road that we need to establish. Our lawyers have tried to keep the rules short, sweet and actually understandable. We hope you agree.

Rule No. 1—This Document Is Really Important.

In order for us to enable you to use the Voxeet Service, you will need to do three things: (1) agree to become a party to this Registered User Agreement (the “Agreement”), (2) establish a Voxeet Account by registering with us and (3) download and install our software applications designed to enable use of the Voxeet Service (the “Voxeet Software”).

If you do not want to agree to become subject to this Agreement, that’s cool; just don’t click on the “I AGREE” button, do not complete your account registration with us, and do not download, install, or use the Voxeet Software.

If you agree to the terms of this Agreement and want to become a party to it, click the “I AGREE” button and we can move to the next step of finalizing your Voxeet Account and allowing you to finish downloading and installing the Voxeet Software so you can begin using the Voxeet Service.

By clicking “I Agree,” you acknowledge and agree that the terms of this Agreement shall apply to any use by you of the Voxeet Service through use of any Voxeet Software applications downloaded and installed by you, whether such application is designed for a mobile application or designed primarily for a personal computer or similar device, that are designed to enable use of the Voxeet Service (the “Voxeet Software”)

Finally, if you want to print or save a copy of this Agreement, just copy and paste all the text into a document of your choice. We highly encourage you to do so.

Rule No. 2—You Agree to Be Responsible For Your Voxeet Account.

During the registration process, Voxeet will require you to provide us with certain information. You agree that the information will be accurate and you agree to maintain that information to ensure that it is always current and complete in all respects. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Voxeet reserves the right to terminate your Voxeet Account and your access to and use of the Voxeet Service.

You must be at least fourteen years of age to register a Voxeet Account; provided, however, that if you are under the age of 18 and a parent or legal guardian must register for a Voxeet Account by contacting Voxeet at support@voxeet.com. IF YOU ARE UNDER THE AGE OF 18, REGISTRATION AND ACCESS TO THE VOXEET SERVICE SHALL ONLY BE PROCESSED AND GRANTED VIA DIRECT CONTACT TO VOXEET THROUGH THE AFOREMENTIONED E-MAIL ADDRESS. By registering a Voxeet Account via Voxeet’s automated registration process, you are representing and warranting to Voxeet that you are at least 18 years of age.

As part of the account set-up and registration process, you may be asked to select a username and password which must be acceptable by Voxeet in its sole discretion. You agree you are entirely responsible for maintaining the confidentiality of any password and Voxeet Account information that you may create now or in the future. You agree you are entirely responsible for any and all activities that occur under your account, including, without limitation and by way of example only, ensuring you sign-off from your Voxeet Account (within any Voxeet application) after ending a session within the Voxeet Service.

You agree to notify Voxeet immediately of any unauthorized use of your account or any other breach of security. You agree you, and not Voxeet, shall be solely liable for any loss or damage that may be incurred as a result of someone else using your password or account, either with or without your knowledge, to access your Voxeet Account and/or otherwise use the Voxeet Service (or gain access to information contained therein) via your Voxeet Account. You also agree that you are entirely responsible for ensuring no unauthorized person uses or access any of your hardware devices used by you to access the Voxeet Service, including, without limitation, your personal computer(s), mobile phones, tablets or any other equipment that enables you to access the Voxeet Service. By way of example, it is solely your responsibility to password protect your mobile phone and you assume all risks associated with you disabling any protective system(s). Voxeet cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Rule No. 3—The Voxeet Software Is Voxeet’s Software.

All Voxeet Software, including any and all improvements, modifications, enhancements, fixes, updates, upgrades and future versions, whether made available for free or for a fee to you, are licensed (not sold) to you by Voxeet solely to allow you to use the Voxeet Service.

Specifically, Voxeet is granting you a personal, non-transferable and non-exclusive right and license to use the object code of its Voxeet Software on a single computer or Internet enabled device (e.g., a smartphone) solely to access and use the Voxeet Service for personal, non-commercial use; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any portion of the Voxeet Software. You agree not to access the Voxeet Service by any means other than through the interface that is provided by Voxeet for use in accessing the Voxeet Service. If you decide to download Voxeet Software on multiple devices, the terms of this Agreement shall apply to each device separately. You also agree not to resell or commercialize the Voxeet Service of the Voxeet Software in any manner.

All Voxeet Software is the proprietary property of Voxeet or its partners or licensors and is protected by applicable intellectual property and other laws. You agree not to remove or alter any copyright notices or other proprietary notices included in the Voxeet Software. Additionally, as between you and Voxeet, Voxeet is the exclusive owner of all content and compilation of content included in the Voxeet Software or made available through use of the Voxeet Services, including, without limitation, all sounds, text, graphics, logos, icons, images, other elements of trade dress, and other indicia of ownership. “Voxeet” and all associated logo are trademarks of Voxeet. Except with respect to the limited rights granted to you above, all rights are reserved by Voxeet.

Rule No. 4—Your Privacy Rights.

Voxeet respects your privacy rights. Therefore, we have designed and implemented a privacy policy located at www.voxeet.com/Privacy (the “Privacy Policy”). The Privacy Policy further governs your use of the Voxeet Services and the Voxeet Software and by agreeing to be bound to this Agreement you are also agreeing to the terms of the Privacy Policy (which may be amended and modified from time to time). If any provision in this Agreement conflicts with a provision in the Privacy Policy, the Privacy Policy shall govern.

Rule No. 5—Do No Harm.

You are solely responsible for any content, information, data, photos, video or profiles that you upload, publish or display via your use of your Voxeet Account and the Voxeet Service (collectively the “Data”). You understand and agree that Voxeet may review and delete or remove any Data that in the sole judgment of Voxeet violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or any other third parties.

By uploading, publishing or displaying Data through use of the Voxeet Service, you automatically grant, and you represent and warrant that you have the right to grant, to Voxeet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Data in any manner related to providing the Voxeet Services.

You also agree not to use the Voxeet Service or the Voxeet Software to (a) promote (1) information you know is just false or (2) anything that is illegal; (b) do things like spam, phish, transmit viruses, falsify clicks and other related, nefarious stuff; or (c) run or try to run any ponzi schemes, contests/sweepstakes, or similar activities.

The Voxeet Service and your Voxeet Account are intended to be used on a one account per person basis. You agree only to use your Voxeet Account and only your Voxeet Account and agree not to allow others to use your Voxeet Account.

If the Voxeet Service in any manner enables bulletin board services, chat areas, forums, communities and/or other message or communication facilities (collectively “Forums”), you agree to use the Forums only to send and receive messages and material that are proper, legal, non-offensive, or threatening.

Voxeet has no obligation to monitor the Forums. However, Voxeet reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Voxeet’s sole discretion. You acknowledge that all information contained in any Forum is public and not private communications, and therefore that your communications may be read by others without your knowledge. Voxeet does not control or endorse the content, messages or information found in any Forum and, therefore, Voxeet specifically disclaims any liability with regard to any Forum and any actions resulting from your participation in any Forum.

You agree to indemnify and hold Voxeet, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Voxeet Software, your Voxeet Account, or the Voxeet Service in violation of this Agreement or your violation of any law or the rights of a third party.

Rule No. 6—Voxeet Can Change The Scope of the Voxeet Services and Amend This Agreement.

Voxeet is a vibrant company with a lot of ideas. Therefore, we need to reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Voxeet Service (or any part thereof) with or without notice. You agree that Voxeet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Voxeet Service (or any part thereof) except to the extent expressly stated in any written Voxeet refund policy related solely to Voxeet Services for you directly pay Voxeet. To that end, Voxeet reserves the right to charge fees for use of or access to the Voxeet Service, or aspects of the Voxeet Services, in Voxeet’s sole discretion. If Voxeet decides to charge fees, such charges will be disclosed to you prior. Voxeet further reserves the right to establish fee payment policies in Voxeet’s sole discretion.

Voxeet also reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time by requiring you to agree to any such changes upon your attempt to sign-in to your Voxeet Account. Notwithstanding the foregoing, your current use of your Voxeet Account or the Voxeet Service in any manner after any such changes occur shall constitute your acceptance of the new terms. Should you have any questions regarding the specific terms of this Agreement (as amended), please direct them to support@voxeet.com. In addition to prompting you to accept any changes upon sign-in, Voxeet shall take reasonable efforts to provide registered members notice (via e-mail, push notification, text message, or other automated format) of any material and substantial changes to this Agreement.

Rule No. 7—Each Of Us Can Terminate Our Relationship.

You may terminate your Voxeet Account and access to the Voxeet Service by submitting a termination request to Voxeet at support@voxeet.com or by ceasing all use of the Voxeet Software and Voxeet Services. Moreover, Voxeet may terminate and delete your Voxeet Account, your access to all or portions of the Voxeet Service or your use thereof for any reason or no reason at any time, in Voxeet’s sole discretion.

Termination of your Voxeet Account includes any or all of the following: (a) removal of access to all or part of the offerings within the Voxeet Service, (b) deletion of your password and all related Data associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Voxeet Service. Upon termination of your Voxeet Account, you agree to delete and uninstall the Voxeet Software on your device(s).

Rule No. 8—Know What Laws Apply To You.

Recognizing the global nature of the Internet, you agree that registering for a Voxeet Account, using the Voxeet Service, and downloading and installing the Voxeet Software is void where prohibited. By accessing your Voxeet Account, using the Voxeet Service, or in any manner downloading and installing the Voxeet Software, you represent and warrant that you agree to abide by all of the terms and conditions of this Agreement and your actions do not in any manner violate any law applicable to you. It is your responsibility to ensure that you are legally allowed to use the Voxeet Service or Voxeet Software where you are located.

Also, your communications sent via the Voxeet Services will travel through multiple computer networks, located throughout the United States and portions of which may also be located abroad. As a result, even if you think you are just talking to somebody down the hall or across town, the actual transmission is likely to be an interstate communication. Accordingly, you acknowledge that your use of the Voxeet Services results in interstate data transmissions.

The Voxeet Software may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Voxeet Services to parties identified on such lists; (b) agree not to use the Voxeet Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Voxeet Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

Rule No. 9—Respect 3rd Party Intellectual Property Rights and User Submissions.

You agree to abide by Voxeet’s Copyright and Intellectual Property Policy (the “DMCA Policy”) located at www.voxeet.com/Copyright (the “DMCA Policy”).

We are always looking to have a dialogue with our users to make sure the Voxeet Service is everything it can be. If you choose to send us comments, feedback, suggestions, ideas, or the like, you agree that such information shall become automatically the property of Voxeet. Essentially, you will be automatically assigning all property rights and interests to Voxeet allowing us unlimited use, commercial or otherwise, of anything submitted to us. Furthermore, Voxeet is not under any obligation (1) to maintain any submissions in confidence; (2) to pay to you any compensation for any submissions; or (3) to respond to any submissions.

Rule No. 10—Caveat Emptor.

The Voxeet Service may be temporarily unavailable from time to time for maintenance or other reasons. Voxeet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Voxeet is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including injury or damage to your computer, mobile phone, tablet or other equipment related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with or your use of the Voxeet Service.

To the furthest extent allowed by law, under no circumstances will Voxeet be responsible for any loss or physical damage, including personal injury or death, resulting from anyone’s use (including your use) of the Voxeet Software, the Voxeet Service, any Data, or any interactions between users of the Voxeet Service, whether online or offline.

We apologize in advance for the equivalent of electronic yelling but applicable law requires the use of all-caps:

THE VOXEET SOFTWARE, THE VOXEET SERVICE, AND ALL RELATED VOXEET CONTENT ARE PROVIDED “AS-IS” AND VOXEET DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VOXEET CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE VOXEET SOFTWARE OR THE VOXEET SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FULLY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE VOXEET SOFTWARE OR THE VOXEET SERVICE.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL VOXEET BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE VOXEET SOFTWARE OR THE VOXEET SERVICE, EVEN IF VOXEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, VOXEET’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $250.00 OR THE AMOUNTS PAID BY YOU TO VOXEET FOR YOUR USE OF THE VOXEET SERVICE.

Rule No. 11—California Is A Pretty Nice Place.

This Agreement and performance under this agreement shall be governed by the laws of the State of California and the validity, interpretation and effect shall be governed by the laws of California applicable to contracts executed and performed wholly therein. The Federal and State courts within the city and county of San Francisco, California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.

Rule No. 12—This is It.

This Agreement, the Privacy Policy, and the DMCA Policy constitute the entire agreement between you and Voxeet regarding your registration of a Voxeet Account, your use of the Voxeet Service, and your download, installation and use of the Voxeet Software, superseding any prior agreements between you and Voxeet relating to the foregoing. The failure of Voxeet to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.