Terms of Service for VooVix
Last Updated: 4th of September 2016
IMPORTANT – THESE TERMS OF SERVICE (“TOS”) SET FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THE VOOVIX SUBSCRIPTION SOFTWARE AND RELATED SERVICES. BY CLICKING “I ACCEPT”, WHERE THIS OPTION IS MADE AVAILABLE TO YOU, OR OTHERWISE ACCEPTING THESE TOS THROUGH A SALES ORDER (AS DEFINED BELOW) OR BY USING VOOVIX'S SUBSCRIPTION SOFTWARE AND RELATED SERVICES (AS DEFINED BELOW), YOU ARE ACCEPTING THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). “YOU” AND “YOUR” AS USED IN THESE TOS REFER TO YOU OR SUCH ENTITY. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TOS, DO NOT CLICK “I ACCEPT” OR ACCESS AND USE THE SUBSCRIPTION SOFTWARE OR RELATED SERVICES.
VooVix (“VooVix”, “we”, “us”, or “our”) offers a variety of services and products related to the sharing and viewing of live and recorded video and audio content and associated data. Unless otherwise agreed to in writing by you and VooVix, these TOS apply to and govern your use.
Please read these TOS carefully before accessing or using the Subscription Software and Related Services. These TOS constitute a binding legal agreement between you and VooVix. The VooVix private policy incorporated herein by reference and forms a part of these TOS. Some of our Subscription Software and Related Services may require you to enter into a separate sales or purchase order (“Sales Order”) with us that incorporates these TOS by reference. In the event of any conflict or inconsistency between the terms and conditions of the Sales Order and these TOS, the Sales Order will control and govern.
You agree to comply with the following in using the VooVix Site and Subscription Software and Related Services, in broadcasting and/or lifecasting via the VooVix Site or Subscription Software and Related Services and otherwise interacting with VooVix Users:
- You will only use the Site and Subscription Software and Related Services for authorized and lawful purposes, consistent with all applicable laws and regulations and the rights of others.
- You agree to take reasonable precautions in all interactions with other VooVix Users, particularly if you decide to meet a VooVix User offline, or in person.
- You will exercise caution and take care in your lifecasting activities.
- You will not use the Site or Subscription Software and Related Services to upload, stream or otherwise transmit content: (a) that is inappropriate, as reasonably determined by VooVix; (b) that is indecent, obscene, pornographic, defamatory, libelous, harassing, threatening, abusive, hateful, or violent; or (c) containing fraudulent, false, deceptive, or misleading offers, statements, claims or representations.
- You will not use the Site or Subscription Software and Related Services in any manner that would infringe, dilute, misappropriate or otherwise violate a third party’s privacy, publicity or other personal and intellectual property rights.
- You will not interfere with or disrupt the Site or Subscription Software and Related Services or attempt to gain access to any systems or networks that connect to the Site or Subscription Software and Related Services except as required to use the Site or Subscription Software and Related Services in compliance with these TOS.
If you ever believe that a VooVix User is acting contrary to this Policy, has violated the law or is defrauding, threatening or endangering you, herself or himself or a third party, we urge you to immediately contact the appropriate law enforcement authorities directly for help. We will cooperate with any law enforcement officials or court order requesting or directing us to disclose the identity of anyone broadcasting or otherwise making available any materials that are believed to violate these TOS. Without limiting any other remedies Ustream may have, VooVix may terminate your VooVix account and/or use of the Site and Subscription Software and Related Services, if VooVix becomes aware that you have violated these TOS.
The VooVix Site and Related Services are not designed to comply with any specific governmental regulation or specific security measures. You agree not to input content that may be subject to any such regulations or required additional security measures. You are responsible for all necessary permissions to include the content in the Site and Related Services and you grant VooVix permission to use, store and process the content in the Site and Related Services. The Site and Related Services are not intended for the storage or receipt of any: 1) personal data and other data, the loss of which would trigger a data breach notification requirement, or 2) health information, including without limitation individually identifiable health information as defined under the Health Information Portability, as amended. You will be responsible for all costs VooVix may incur relating to any such information made available by you to the Site and Related Services, including those arising out of any third party claims.
- Eligibility and Registration.
- If you wish to access certain Subscription Software and Related Services, you will be required to create an account. You must be at least 18 years of age to use our Subscription Software and Related Services.
- When you register with VooVix and set up your Subscription Software accounts, you agree to provide VooVix with accurate, true, current, and complete information. You agree to promptly update your information for your Subscription Software account(s) on an ongoing basis. You authorize VooVix, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your information for your Subscription Software account(s). You agree that you will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
- You are responsible for safeguarding your account administration password(s) and you agree not to disclose your password(s) to any third party. You are solely responsible for any activities or actions taken under your password(s), whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password. VooVix reserves the right to require you to change your username or password for any reason and at any time.
- 1. VooVix reserves the right, at its sole discretion, to modify, discontinue or terminate all or a portion of the Subscription Software and Related Services, or to modify these TOS, at any time and without advance notice. If we modify these TOS, we will update the “Last Updated” date at the top of these TOS. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Subscription Software and Related Services. By continuing to access or use the Subscription Software and Related Services after Ustream makes any such revision, you agree to be bound by the revised TOS.
- Fees and Payment.
- Each of our Subscription Software and Related Services offerings have defined fees for use and overages (collectively, the “Fees”), some of which may be recurring on a monthly, quarterly, annually, or some other period of time. You will have an opportunity to review and accept the Fees and billing cycle for your chosen Subscription Software and Related Services either through our Site or as part of your Sales Order. VooVix reserves the right to change the Fees and/or billing cycles for our Subscription Software and Related Services at any time, but any such changes will only apply prospectively.
- All Fees are due in advance of receiving any services. Notwithstanding the foregoing, if you have a current Sales Order with VooVix your Fees will be invoiced upon you signing your Sales Order and are due and payable within fifteen (15) days of the invoice date, unless otherwise set forth in the Sales Order. Subsequent payments for the services will be invoiced in advance (except for any overages, which will be invoiced monthly in arrears unless otherwise stated) and are due and payable within fifteen (15) days of invoice date or the monthly, quarterly or annual billing date, as applicable. Late payment fees may apply. All invoices will be sent to the billing contact and address information shown on your Sales Order. Unless otherwise set forth in your Sales Order, all Fees are recurring (until terminated) and charged to you regardless whether or not you use the Subscription Software and Related Services. If you choose to enroll in Subscription Software and Related Services that have recurring Fees, you agree that Ustream may automatically charge the recurring Fees to your chosen payment method at the beginning of each billing cycle.
- The services you order will continue in effect unless and until you cancel your subscription or the account, or service is otherwise suspended or discontinued pursuant to these TOS. You must cancel your subscription at least 30 days before it renews in order to avoid a charge for the next billing cycle. UNLESS OTHERWISE SET FORTH HEREIN OR IN A SALES ORDER, ALL FEES ARE NON-REFUNDABLE.
- If you fail to meet your payment obligations, VooVix reserves the right to terminate your relevant Subscription Software account(s), convert your account to a Basic Services VooVix account (upon which advertisements will appear on your User Submissions), charge you an overage or other fees, or take any other action which we deem to be reasonable, and your continued use will be subject to Terms & Conditions.
- Termination and Effect of Termination
- Termination by VooVix. VooVix reserves the right to immediately terminate or suspend your account or your access to any or all of the Subscription Software and Related Services and remove any material (including User Submissions (as defined below)) from the Subscription Software and Related Services or our servers at any time with or without cause and without notice. This includes, without limitation, terminating or suspending your account if the charges to your credit card or our Fees are refused or otherwise not paid for any reason. If VooVix terminates all or a portion of your Subscription Software and Related Services prior to the completion of the term of your Sales Order with Ustream for such services stated online or in a Sales Order (“Term”), you are still liable for paying all outstanding Fees and charges incurred prior to termination and your sole remedy against VooVix is a pro-rata refund of the purchase price paid in advance (if any) for the unavailable service. Notwithstanding the foregoing, if termination of your account or access to services is as a result of your breach of these TOS or a Sales Order, Ustream will have no liability to you and you will be solely liable for the full amount of any Fees owed and contracted for with us and any outstanding charges relating to your account.
- Termination by You. You may terminate your Ustream account(s) at any time and for any reason by contacting us at firstname.lastname@example.org or, if available to you, selecting “Close Account” in your account preferences. Subscription Software and Related Services Fees are non-refundable and if you choose to terminate your Subscription Software and Related Services prior to the end of the Term (excluding a termination due to non-monetary causes beyond your control that exceeds 30 days). You agree to pay any outstanding Fees contracted for under your Sales Order with VooVix and/or outstanding charges relating to your account.
- Effect of Termination. Once your Subscription Software and Related Services account is terminated, and unless otherwise agreed by you and VooVix, your account will be converted to a Basic Services account and your continued use (including the continued hosting of your User Submissions on our servers) will be subject to our Terms & Conditions. VooVix will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party, including User Submissions. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. VooVix is not liable to you or any third party for any alleged or actual damages, losses, or claims related to the termination of the Subscription Software and Related Services or termination of your use of the Subscription Software and Related Services.
- Upgrading or Downgrading Your Account.
- You may upgrade or downgrade your Subscription Software and Related Services account if available to you through your Ustream Dashboard, available at http://www.voovix.com/dashboard, although in some instances, you may need to contact us directly.
- Upgrades will be applied retroactively to the beginning of the current billing cycle. Any usage in the current billing cycle will be charged under the new plan rates. At the time you choose to upgrade, you will be charged the difference between your old plan rate and the new plan rate. Your billing date will remain the same as your original billing date.
- Downgrades will not take effect until the commencement of the next billing cycle. On your next billing date, you will be charged (if at all) under the new plan rates. You will not be refunded for any unused portion of the current billing cycle. Downgrading your plan may cause loss of features or functionality. VooVix will not be liable to you or any third party for any downgrading and Ustream will have no obligation to maintain any information stored in our data centers related to your account or to forward any information to you or any third party.
- Grant of License; Intellectual Property Rights.
- “Content” means, collectively, the text, data, graphics, images, logos, trademarks, photos and video files, organization, compilation and overall look and feel of VooVix’s offerings made available by VooVix through the Subscription Software and Related Services, but excluding User Submissions. “User Submissions” means, collectively, the text, data, graphics, images, photos and video files and other content and information which VooVix members or our other third-party licensors stream, post, upload and otherwise submit to the Subscription Software and Related Services, including without limitation in broadcast chats, discussion groups, message boards and Ustream member-created profile pages. VooVix reserves the right to remove and permanently delete any Content or User Submissions without notice. We have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these TOS.
- We and our licensors reserve all rights not expressly granted in and to the Subscription Software and Related Services and the Content. We grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and use the Content, User Submissions and Subscription Software and Related Services solely for your own business purposes, solely through the provided functionality of the Subscription Software and Related Services solely as permitted pursuant to these TOS, the terms, conditions, limits and restrictions of any other applicable agreement you have with us (such as a Sales Order), and solely during the Term. Depending on the nature of the Subscription Software and Related Services offered, the foregoing license may be granted on a personal, company- (or other legal entity-) wide, or other basis. Ustream hereby disclaims any implied licenses.
- We and our licensors own all right, title and interest, including all worldwide intellectual property rights in the Subscription Software and Related Services and Content contained therein, other than your User Submissions.
- YOU AGREE THAT YOUR USER SUBMISSIONS OR YOUR USE OF THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES WILL NOT INFRINGE COPYRIGHTED WORKS OR OTHERWISE VIOLATE, OR ATTEMPT OR ASSIST IN THE VIOLATION OF, THE INTELLECTUAL PROPERTY RIGHTS OF US OR ANY THIRD PARTY. If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please refer to our Copyright Policy.
- You agree that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Subscription Software and Related Services, Content, third-party User Submissions or related products and services, except as explicitly permitted by us in writing in advance. You will not copy, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Subscription Software and Related Services, Content, User Submissions (other than your own User Submissions) without our prior written consent or the respective licensors of the Content or User Submissions. Notwithstanding the foregoing, you may distribute and download certain Content or third-party User Submissions, solely where we make the means for distribution or download of such Content or User Submissions possible and solely to the extent such distribution or downloading is done in accordance with these TOS. Further, you agree that we may use your trademark, service mark, and/or logo solely during the Term to reference you as one of our customers and not in any press release, and in accordance with any trademark guidelines you provide to us.
- You are solely responsible for encoding your User Submissions to our technical specifications, uploading your User Submissions to an entry point designated by us, and for meeting any other technical requirements in connection with your use of the Subscription Software and Related Services.
- You agree that you will have sole control over and responsibility for your User Submissions, including without limitation, obtaining any necessary licenses, permissions, releases, and clearances.
- User Submissions.
- By uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submissions to Ustream, you hereby grant Ustream a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, device or technology now known or later developed, solely in accordance with these TOS and your Sales Order with us for Subscription Software and Related Services. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to VooVix. You agree to execute and deliver such documents and provide all assistance reasonably requested by Ustream to give to Ustream the full benefit of the rights granted to VooVix by you.
- User Submissions that exceed any established storage limitation at any time may be deleted by VooVix, with or without advance notice to you. VooVix will have no responsibility or liability for User Submissions that are deleted for exceeding any established limit.
- If you exceed any of the foregoing or other limits and/or restrictions, VooVix reserves the right to terminate your applicable Subscription Software and Related Services account(s), convert such account(s) to a Basic Services VooVix account(s) (upon which advertisements will appear on User Submissions), charge you an overage or fees, or take any other action which we deem to be reasonable.
- Ustream has no obligation to monitor User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by VooVix members, including, without limitation, any information obtained by using the Basic Services or Subscription Software and Related Services. VooVix does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VooVix with respect thereto.
- Disclaimer of Warranties.
YOUR ACCESS TO AND USE OF THE CONTENT, USER SUBMISSIONS AND THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES ARE AT YOUR SOLE DISCRETION AND RISK. THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. VOOVIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. VOOVIX DISCLAIMS ANY WARRANTIES: (I) REGARDING THE ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES; (II) THAT THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES AND YOUR ACCESS THERETO WILL BE UNINTERRUPTED, ERROR-FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (III) THAT THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USTREAM, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
IN NO EVENT WILL VOOVIX OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE CONTENT AND THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VOOVIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOOVIX SHALL NOT BE LIABLE FOR (I) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CONTENT, USER SUBMISSIONS AND SUBSCRIPTION SOFTWARE AND RELATED SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CONTENT OR SUBSCRIPTION SOFTWARE AND RELATED SERVICES BY ANY THIRD PARTY; (V) FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE CONTENT AND THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES, OR FOR ANY INFORMATION OBTAINED OR DOWNLOADED FROM THE CONTENT AND THE SUBSCRIPTION SOFTWARE AND RELATED SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME; OR (VI) DEFAMATORY, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL CONTENT OR USER SUBMISSIONS OR THE CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL VOOVIX’S CUMULATIVE LIABILITY TO YOU EXCEED ONE-QUARTER OF YOUR ANNUAL CONTRACT VALUE (OR ONE-QUARTER OF YOUR FULL CONTRACT VALUE, IF SHORTER THAN ANNUAL) THAT YOU HAVE ACTUALLY PAID USTREAM DURING THE SIX MONTH PERIOD PRECEDING THE DATE SUCH LIABILITY AROSE.
You agree to defend, indemnify, and hold harmless VooVix and its affiliates, and each of their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Subscription Software and Related Services; (ii) a material breach or violation by you of these TOS or a Sales Order (if applicable); (iii) any claim that any of your User Submissions caused damage to a third party, including without limitation claims that any of your User Submissions are infringing; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
Each party is responsible for complying with: i) laws and regulations applicable to its business and content, and ii) import, export and economic sanction laws and regulations, including those of the United Kingdom and United States that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries end uses or end users. You are responsible for your use of VooVix and non-VooVix products and services.
The Subscription Software and Related Services may provide links to third-party websites or resources or content. You acknowledge and agree that VooVix is not responsible or liable for the availability or accuracy of, and Ustream does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You are solely responsibility for and assume all risk arising from your use of any such websites or resources.
- Feedback and Independent Development.
Your feedback is welcome and encouraged. You may submit feedback by emailing us at email@example.com or via other portions of the Site. You agree, however, that if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, oral, or in any other form or manner) in connection with these TOS or use of our Site or Subscription Software and Related Services (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of VooVix. You hereby irrevocably transfer and assign to VooVix all of your right, title and interest in and to all Feedback, including all intellectual property rights therein. At VooVix’s request and expense, you will execute documents and take such further acts as VooVix may reasonably request to assist VooVix to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that VooVix is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products, services, plans and projects that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated by or embodied in any Feedback or compensate you or provide you with any input or response with regard to your Feedback.
- Assignment. Neither party may assign these TOS, in whole or in part, without the prior written consent of the other. Assignment of VooVix rights to receive payments and by Ustream in conjunction with the sale of the portion of VooVix’s business that includes the product or service is not restricted.
- Relationship of the Parties. VooVix is an independent contractor, not your agent, joint venturer, partner, or fiduciary, and does not undertake to perform any of your regulatory obligations, or assume any responsibility for your business or operations. Each party is responsible for determining the assignment of its personnel and contractors, and for their direction, control, and compensation.
- Survival. Any terms that by their nature extend beyond termination of these TOS remain in effect until fulfilled, and apply to successors and assignees.
- Business Contact Information; Subcontractors. VooVix and its affiliates, and their subcontractors, may process and store business contact information of your personnel in connection with the performance of these TOS wherever they do business. VooVix may use personnel and resources in locations worldwide and third party suppliers to support the delivery of products and services.
- Force Majeure. Neither party is responsible for failure to fulfill its non-monetary obligations due to causes beyond its control.
- Governing Law. Both parties agree to the application of the laws of the state of New York to these TOS, without regard to conflict of law principles. The rights and obligations of each party are valid only in the country where the transaction is performed or, if we agree, the country where the product is placed in productive use, except all licenses are valid as specifically granted. If any provision of these TOS is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing in these TOS affects statutory rights of consumers that cannot be waived or limited by contract.
- Notice. All notices under these TOS must be in writing and sent to the address on record, unless a party designates in writing a different address. The parties consent to the use of electronic means and facsimile transmissions for communications as a signed writing.
- Questions. If you have questions about these TOS or would like to request a copy of these TOS or other records relating to these TOS or your use of the Subscription Software and Related Services, please contact us at firstname.lastname@example.org