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- New Changes for Microsoft and Zoom Terms of Use - Here’s What You Need to Know. - UTS
System Requirements. Use of the Services requires one or more compatible devices, Internet access fees may apply , and certain software fees may apply , and may require obtaining updates or upgrades from time to time.
Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa.
Service specific definitions are found in the Services Description located at www. You are solely responsible for the accuracy of Your Data, and Zoom has no liability whatsoever for errors and omissions in Your Data. This Agreement applies to those customers of a Reseller that have agreed to or otherwise been made aware of this Agreement in connection with ordering the Services from or through such Reseller.
For such customers, this Agreement applies with respect to all Services ordered or provided under the Reseller Customer Agreement as defined below. The Reseller Customer Agreement shall include all terms and conditions between You and Reseller related to the ordering, acquisition, accessing, or use of the Services including without limitation this Agreement and all orders of Services entered into or placed by You or on Your behalf, each of which shall be subject to this Agreement.
For avoidance of doubt, any transaction, dealing, or relationship between You and the Reseller — and any terms, conditions, documents, materials, or other content agreed to or entered into by, or otherwise applicable to, You and the Reseller — that are unrelated to the Services or the ordering, acquisition, accessing, or use thereof e. The individual who agrees to or accepts this Agreement represents and warrants to Zoom and Reseller that he or she has the authority to bind himself or herself, or the entity such individual represents, to the Reseller Customer Agreement and this Agreement.
Zoom will provide the Services, and you may access and use the Services, in accordance with this Agreement and the Reseller Customer Agreement.
Zoom will provide standard updates to the Services that are made generally available by Zoom during the term. Zoom may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice 4. Zoom may, from time to time, offer access to services that are classified as Beta version.
Access to and use of Beta versions may be subject to additional agreements. Zoom makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice.
Premier Support Services are available for an additional fee, as determined by Reseller. You may only use the Services pursuant to the terms of this Agreement. Use of the Services is void where prohibited. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
You represent and warrant that You have the right to upload the Content to Zoom and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Zoom be liable in any way for any a Content that is transmitted or viewed while using the Services, b errors or omissions in the Content, or c any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
Although Zoom is not responsible for any Content, Zoom may delete any Content, at any time without notice to You, if Zoom becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. You are responsible for compliance will all recording laws. The host can choose to record Zoom meetings and Zoom Video Webinars.
By using the Services, you are giving Zoom consent to store recordings for any or all Zoom meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification visual or otherwise when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Zoom.
You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service other than Content created by You or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
You are responsible for the activities of all End Users who access or use the Services through your account, and you agree to ensure that any such End User will comply with the terms of this Agreement and any Zoom policies. Zoom assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Zoom at trust zoom. Under no circumstances will Zoom be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
Zoom will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Zoom will notify You if it becomes aware of unauthorized access to Content. Zoom has no other obligations with respect to Content. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.
The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Zoom is not intended for use by individuals under the age of 16, unless it is through a School Subscriber as that term is defined in the Services Description using Zoom for Education K You may not frame or utilize framing techniques to enclose any Zoom Marks, or other proprietary information including images, text, page layout, or form of Zoom without express written consent.
Either party may disclose Confidential Information where required by law, regulation, or court order, provided that the party subject to such law, regulation or court order shall, where permitted, notify the other party of any such use or requirement prior to disclosure in order to afford such other party an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties.
Confidentiality Period and Obligations. The confidentiality obligations set forth in this section of the Agreement shall remain in effect for a period of five 5 years from the disclosure of the information. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Zoom as specified here. If You fail to comply with any provision of this Agreement, Zoom may terminate this Agreement immediately and Zoom, or the applicable Reseller, may retain any fees previously paid by You and no refunds or credits shall be given.
Any terms and conditions of this Agreement that by their nature or otherwise reasonably should survive termination of this Agreement shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control.
You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C. Zoom will provide the U. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws.
You represent and warrant that: i You and Your End Users a are not citizens of, or located within, a country or territory that is subject to U. Department of Commerce or the U. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Zoom, its Affiliates, Resellers, and suppliers, and under such circumstances Zoom, its Affiliates, Resellers, and suppliers shall be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You. If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit B. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
The Privacy Statement, and all policies noticed at www. Additionally, You understand and agree that Zoom may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.
Except as provided in Exhibit A, the parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Santa Clara County, California and the federal courts in the Northern District of California. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
Zoom may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement.
Within ten 10 business days of posting changes to this Agreement or ten 10 business days from the date of notice, if such is provided , they will be binding on You. If You do not agree with the changes, You should discontinue using the Services.
If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party 5. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to legal zoom.
Small Claims Court Available. However, if such a claim is transferred, removed or appealed to a different court, Zoom reserves the right to require arbitration. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. For more information, see www. Arbitration hearings will take place in the federal judicial district of Your primary business location.
A single arbitrator will be appointed. The arbitrator must: a follow all applicable substantive Law; b follow applicable statutes of limitations; c honor valid claims of privilege; d issue a written decision including the reasons for the award. Any arbitration award may be enforced such as through a judgment in any court with jurisdiction.
Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. Arbitration Fees. Conflict with AAA Rules. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.
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