ZipSocket Terms of Use

CHANGES TO TERMS

ZipSocket reserves the right to modify or replace the Terms at any time. Your continued use of the Site after we post any changes will constitute your acceptance of such changes.

In Plain English

If these terms change we will post them. By using ZipSocket.com you agree to these changes.

YOUR USE OF THE SITE

While using ZipSocket’s Sites, you agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
• Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
• Restrict or inhibit any other user from using any of our Sites, including, without limitation, by means of "hacking" or defacing any portion our Sites;
• Violate any applicable laws or regulations;
• Upload to, transmit through, or display on any of our Sites (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
• Display adult nudity or inappropriate child nudity;
• Share objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.

In Plain English

Please act responsibly while sharing content. Do not share anything pornographic, hateful, harassing, disrespectful, illegal, or harmful.

USER-GENERATED CONTENT/LINKS

Other users may provide links to other websites or resources. Because ZipSocket has no control over such sites and resources, you acknowledge and agree that ZipSocket is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ZipSocket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods or services available on or through any such site or resource.

Content that is user-generated constitute the views and opinions of the author and are not of ZipSocket. ZipSocket assumes no responsibility for any of the user-generated content, including the accuracy of statements made by users about ZipSocket.

In Plain English

We are not responsible for the links that participants share during meetings. ZipSocket is not responsible for, and does not necessarily share the views and opinions, of the content that is shared by users.

SHARING YOUR CONTENT

You are responsible for your use of the Site and for any content you upload or share, including compliance with applicable laws, rules, and regulations. You should only share content that you are comfortable sharing with others.

You grant ZipSocket and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content you upload on ZipSocket solely for the purposes of operating, developing, providing, and using the ZipSocket Sites. Nothing in these Terms shall restrict other legal rights ZipSocket may have to your content, for example under other licenses. We reserve the right to remove or modify your content for any reason, including content that we believe violates these Terms or our policies.

By uploading your content to ZipSocket, you retain full rights to those works that you had prior to uploading.

You give ZipSocket a non-exclusive right and license to use and to permit ZipSocket’s third party service providers to use all material, information and data of any nature or sort you upload to and transmit through ZipSocket’s Sites, including Protected Information, to enable ZipSocket to provide Services, to identify users, and for any other purpose described in these terms.

In Plain English

Anyone in a meeting will be able to view the content you share so only upload content you feel comfortable sharing with others.

In order to share your content, we need to store, copy and share it. You give us a license to do that.

Your content will preserve whatever copyright it had prior to uploading it to our Site. We reserve the right to use your content in order to provide our services to you and participants in your meeting.

LIMITED LICENSE; RESTRICTIONS

Subject to the your compliance with these Terms, ZipSocket gives you a non-exclusive, non-transferable, revocable, restricted license, to access ZipSocket’s Sites, in all events solely for your purposes, and only in the manner and as permitted by these terms and/or descriptions or documentation provided by ZipSocket. You may not duplicate, download (other than as expressly permitted herein), copy, create derivative works from or make any other use of all or any part of ZipSocket’s Sites, use any data gathering or extraction tools, reverse engineer ZipSocket’s Technology or attempt to circumvent its security features, resell ZipSocket’s services, including as an application service provided or on a time-share basis.

You must access ZipSocket’s site and services solely through the particular interface specified by ZipSocket for such purpose. Nothing in these Terms gives you any right, title or interest other than the limited access and use rights permitted by these Terms.

You may not (i) license,sublicense, sell, resell, transfer, assign, distribute, rent access to, grants any rights to, or otherwise commercially exploit or knowingly make available to any third party any of ZipSocket’s Sites (or any part thereof) in any way; (ii) create “frame”; or “mirror”; any part of ZipSocket’s Sites on any other server or wireless or Internet-based device; (iii) interfere with or disrupt the integrity or performance of ZipSocket’s Sites (or the data contained therein); or (iv) use or access ZipSocket's Sites for the purpose of monitoring or benchmarking its availability, performance or functionality, or for any purposes that are competitive to the business of ZipSocket.

In Plain English

We give you a license to use this site for the sole purpose of, well, enjoying the benefits of ZipSocket.

You may not copy or sell any part of our Site. You may not reverse engineer or try to extract the source code of the software, unless you have our written permission.

RESERVATIONS OF RIGHTS

All rights not expressly granted to you under these Terms are reserved to ZipSocket (and its third party licensors). Everything you see, read or use as a result of access to or use of ZipSocke’s Sites, including all features, templates, functionality and capabilities and all modifications, new versions, new features, enhancements, improvements, all derivative works from and each component thereof and thereto, and all Intellectual Property Rights therein and thereto (i) are proprietary to ZipSocket, (ii) are either owned by or under license to ZipSocket, (iii) are protected by all applicable United States and international intellectual property Laws and (iv) may only be used in the manner and for the purpose set forth in these Terms. This includes use of ZipSocket’s URL addresses or Marks in page text, as key words, meta tags or any other “hidden text.”;

You may not build or have built a product or solution using ideas, features, functions or graphics similar to ZipSocket’s Sites, or any part thereof; or copy any ideas, features, functions or graphics of ZipSocket’s Sites (or any part thereof).

In Plain English

Please respect our trademarks, brands and technology. Please don’t steal them, replicate, or use them in anyway that was not intended.

DISCLAIMER

ZipSocket does not make and hereby expressly disclaims any and all warranties, representations and liabilities with respect to ZipSocket's site and your access to or use thereof, whether express, implied or imposed by operation of law, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, course of dealing or course of conduct. Without limiting the foregoing, ZipSocket makes no warranty of any kind about ZipSocket's sites, or other products or results of the use thereof, including that they will meet your’s or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system or other services, or be secure, accurate, complete, free of harmful code or error free. All third-party materials are provided "as is" and any representation or warranty of or concerning any third party materials is strictly between you and the third-party owner or distributor of the third-party materials.

In Plain English

We work hard to give you the best Site possible but we can’t promise it will always work in every situation. Please send us feedback if you see something not working quite right so we can improve our Site.

LIMITATION OF LIABILITY

Except as mandated by law, in no event shall zipsocket or any of its officers, directors, managers, equity owners, employees or agents (collectively, “zipsocket parties”) be liable to you or any third party for any direct, special, indirect, incidental, contingent, consequential, exemplary or punitive damages, including for loss of data, profits, business, goodwill or loss of use, even if ZipSocket has been advised of the possibility of such loss or damage.

The ZipSocket parties' sole liability, and that of ZipSocket's customers, licensors, suppliers and business partners, is limited to ZipSocket's fees (but not those of any third party) actually received by ZipSocket from you as a result of your use of ZipSocket's sites during the six (6) month period immediately preceding the applicable claim or $1,000, whichever is less. Subscriber must bring any claims it may have against an ZipSocket party within six (6) months of the date the claimant should reasonably have known about the facts underlying the claim or such claim shall be forever barred.

In no event will a ZipSocket party be liable under or in connection with this agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, for any: (i) loss of production, use, business, revenue or profit or diminution in value; (ii) impairment, inability to use or loss, interruption or delay of the services, or (iii) loss, damage, corruption or recovery of data, or breach of data or system security.

The provisions of this agreement allocate the risks between ZipSocket and you, and ZipSocket's pricing reflects this allocation of risk and the limitation of liability specified herein. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

In Plain English

We are not liable for damages or loss of business, data, profits while using ZipSocket.

We hope that ZipSocket helps you do business. If, somehow, ZipSocket is getting in the way of your business, please let us know. In that unfortunate event, the most we can do is refund what you’ve paid us, up to $1000.

DATA BACKUP, SECURITY

ZipSocket does not backup your data. ZipSocket has no obligation or liability for any loss, alteration, destruction, damage, corruption or recovery of your data.

ZipSocket will employ reasonable security measures in accordance with generally applicable industry practice. ZipSocket maintains a data breach plan and will use reasonable efforts to implement procedures required by Law in the event of a data breach.

In Plain English

ZipSocket is not a content storage service. We do not permanently store or backup the the content that you share on the site.

In practice, we make efforts to delete any customer data from our servers soon after it is done being used in meetings.

FORCE MAJEURE

ZipSocket will not be responsible for, nor be in default under these Terms, due to any delays or failure of performance resulting from acts or causes beyond its reasonable control, including acts of war or terrorism, civil disturbance, failure or interruption resulting from problems with any wireless carrier, telecommunications, power or electrical supply or disturbance, explosions, flood, wind, lightning, fire or other casualty or act of nature, export regulations, labor strikes or interruptions, or other similar events. If ZipSocket is unable to perform any of its obligations under these Terms because of a force majeure event, we will give notice to you and will exercise all reasonable efforts to resume performance.

In Plain English

Sometimes really bad things can happen (e.g. natural or manmade disasters) that may impact our service. We are not liable if this occurs.

GOVERNING LAW; JURY WAIVER

Any claim between you and ZipSocket arising out of or related to these Terms or ZipSocket’s Sites shall be resolved exclusively within the federal and state courts residing within San Mateo County, State of California.

You waive any objection to jurisdiction, venue or inconvenient forum for such courts. ZipSocket may also seek equitable (non-monetary) relief in any court of competent jurisdiction. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this agreement or the transactions contemplated hereby.

In Plain English

If for some reason you do end up suing us, you will need to do it in California.

If someone decides to harm ZipSocket, we have the option sue them in a court of our choosing.