TERMS OF SERVICE
The following Terms of Service (the “Terms of Service”) are a legally binding contract between You (“User” or “You”) and OSIX Corporation, a Delaware corporation (“OSIX”), regarding your use of our website(s), the services provided through our meet.fm website and any other of our other websites or our other designated applications, or any of our other online product service offerings, including, but not limited to, Speedshare, RevBook and Meet.fm (the “Services”). By using the Services, You are agreeing to be bound by the following Terms of Service.
OSIX also conducts business as and under the names of “Meet.fm™”. The terms “our”, “we” or “us” used throughout the Terms of Service shall collectively mean OSIX Corporation and Meet.fm™ and any other affiliated entity or business name of OSIX that provides You Services.
This Terms of Service was last updated on November 1, 2014. It is effective between You and us as of the date You accept this Terms of Service, or upon an update of this Agreement by us in accordance with the terms set forth herein (the "Effective Date").
If You do not agree to the Terms, do NOT click on the acceptance box and do not access or otherwise use any of our Services.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVCIE, YOU MUST NOT ACCEPT THIS TERMS OF SERVICE AND MAY NOT USE THE SERVICES.
YOU MAY NOT ACCESS THE SERVICES OR ACCEPT THIS TERMS OF SERVICE IF YOU ARE A DIRECT COMPETITOR OF US. ADDITIONALLY, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING OUR SERVICES AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
We reserve the right, at our discretion, to modify and update the Terms at any time by posting a notice on our website, or by sending You a notice via e-mail to your primary email address specified in your account established by You with us to use our Services (the “Account”). You shall be responsible for reviewing and becoming familiar with any such modifications. Any new s that augment or enhance the Services, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.osixco.com/terms . Violation of any of the terms contained in this Terms of Service will result in the termination of your Account and your right to use the Services. You agree to use the Services at your own risk.
Account Terms and Restrictions
You must be 13 years or older to use this Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all of the material(s) that You provide to the Service via your meeting, data rooms or that is otherwise posted and all activity that occurs under your Account (the “User Content”) (even when your User Content is posted by others who have accounts under your account). One person or legal entity may not maintain more than one free account. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). If You claim a Meet.fm or Speedshare name ("vanity URL") that incorporates anyone else's trademark, which may be determined by us in our sole discretion, we can switch your vanity URL without notice. To continue to retain your vanity URL You must use be on a paid plan at least one month per year.
You represent and warrant that You shall not, nor shall You permit any third party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form; (b) use unauthorized modified versions of the Services, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; (c) use the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (d) upload, post, distribute, link to, publish, reproduce, engage in or transmit any User Content for any illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law; (e) upload, post, distribute, link to, publish, reproduce, engage in or transmit any Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); or (f) publish, post, upload or otherwise transmit Content that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another party.
You are responsible for all of your activity in connection with the Services and accessing our websites. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access our websites. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of our Services.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will You use the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of our Services or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of our Services, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You or others You have authorized to post your User Content under your account.
Payment, Refunds, Upgrading, and Downgrading Terms
Free accounts are not required to provide a credit card number. Paid accounts are required to provide a credit card number. An upgrade from the free plan to any paying plan will immediately bill You. The Services are billed in advance on a monthly or annual basis, as applicable, and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If You downgrade your plan, your credit card will be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, s, or capacity of your Account. We not accept any liability for such loss. If You upgrade your plan, You will be billed immediately for the cost difference between plans on a prorated basis.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen. The Settings screen provides a simple no questions asked cancellation link. ALL OF YOUR USER CONTENT WILL BE IMMEDIATELY DELETED FROM THE SERVICES UPON CANCELLATION. This information cannot be recovered once your Account is cancelled. If You cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and You will not be charged again. We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of any of the Services, or any future Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30-days notice from us. Such notice may be provided at any time by posting the changes to the website (meet.fm) or to the applicable Service itself. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Services.
Copyright and Content Ownership
We shall retain sole and exclusive ownership of all proprietary rights and trade secrets to the Services, including, but not limited to: (i) the software of and all modifications to the Services developed, any technical information incorporated in the design thereof, or to any copyright, trademark, service mark or trade name associated with the Services; (ii) any and all rights that we hold pursuant to a license from another party; and (iii) any and all other inventions, ideas, designs, drawings, notes, computer programs, algorithms, documents, information, and materials made, conceived, developed, created or reduced to practice by us for the performance of and your use of the Services (collectively, the “OSIX Property”). We shall be vested with all right, title and interest in the OSIX Property (including any patent, copyright, trade secret or trademark rights). Except as provided in the Terms, the license granted to you to use the Services does not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by us. Our service marks, logos and product and service names are marks of our (the "OSIX Marks"). You agree not to display or use the OSIX Marks in any manner without our express prior written permission.
We claim no Intellectual property rights over your User Content. Your profile and materials uploaded remain yours. However, by setting your meetings or data rooms to be viewed publicly, You agree to allow others to view your User Content. We do not pre-screen User Content, but we and our designee have the right (but not the obligation), in our sole discretion, to refuse or remove any User Content that is available via the Services. While we prohibit improper conduct and User Content on the Services, You understand and agree that we cannot be responsible for any other User Content posted on the Services and You nonetheless may be exposed to such materials.
We reserve the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time, in our sole discretion, or pursue any other remedy or relief available to us under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that You may have breached the immediately preceding sentence). You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom You have authorized to post User Content under your username (whether in the form of comments to a forum or a blog, or any other form).
Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to us shall become the property of OSIX or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future websites, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to You or any other person sending the Feedback. 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.
You shall defend us, and our officers, directors, stockholders and agents, against any claim, demand, suit or proceeding made or brought against us by a third party alleging that your User Content, or your use of the Services is in violation of this Terms of Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and You shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such claim, demand, suit or proceeding; provided, that, we (a) give You reasonable written notice of the claim, demand, suit or proceeding; (b) give You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (c) provide to You all reasonable assistance, at your sole expense.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES ARE FREE FROM ANY BUGS, ERRORS OR OMISSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY AND WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER CONTENT (OR ANY USER CONTENT RELATED THERETO). THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
Exclusion of Consequential and Related Damages. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF YOUR USER CONTENT (OR ANY USER CONTENT RELATED THERETO) OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION THE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT THE CONSIDERATION WHICH WE ARE CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY US OF THE RISK OF YOUR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Limitation of Liability. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS ($100) OR (ii) THE AGGREGATE OF THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING SUCH CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH MAKING THE SERVICES AVAILABLE TO YOU, AND THAT, WERE WE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER.
You acknowledge and agree to the following: (i) your use of the Services is at your sole risk; (ii) the Services are provided on an "as is" and "as available" basis; (iii) technical support is only provided to paying account holders; (iv) support is only available in English; (v) You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service; (vi) You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, us, or any of our other services; (vii) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by us; (viii) we may, but have no obligation to, remove your User Content and your User Accounts containing your User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service; (ix) verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our customers, employees, stockholders, officers, directors or other agents will result in immediate account termination; (x) You understand that the technical processing and transmission of the Services, including your User Content, may be transferred unencrypted and involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices; (xii) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages; (xii) You must not transmit any worms or viruses or any code of a destructive nature; (xiii) If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of our other customers, we reserve the right to immediately disable your User Account or throttle your file hosting until You can reduce your bandwidth consumption; and (xiv) we do not warrant that: (a) the service will meet your specific requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet your expectations, and (e) any errors in the Services will be corrected.
Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing: (a) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports; and (b) You shall not permit other Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
Governing Law; Venue. This Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The parties irrevocably consent to the jurisdiction of the state and federal courts in San Mateo County, California for the resolution of any disputes or conflicts arising out of or related to this Agreement.
Assignment. Neither the Terms nor any right or duty under the Terms may be transferred, assigned or delegated by You, by operation of law or otherwise, without the prior written consent of us. The Terms may be assigned or transferred by us without consent. Subject to the foregoing, the Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
Relationship of Parties. Neither party will, for any purpose, be deemed to be an agent, franchisor, franchisee, employee, representative, owner or partner of the other party, and the relationship between the parties will solely be that of independent contractors.
No Waiver. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or affect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE OR THE TERMS.
Entire Agreement; Updates and Revisions. The Terms constitute the entire agreement between You and us regarding the subject matter hereof, superseding all other agreements between You and us, whether oral or written.
Survival. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Terms of Service, the terms included under the following header sections of this Terms of Service shall survive and remain in effect in accordance with their terms upon the termination of this Terms of Service: (i) Cancellation and Termination, (ii) Copyright and Content Ownership, (iii) Indemnification, (iv) Disclaimer, (v) Limitation of Liability, (vi) General Conditions and (vii) Miscellaneous.