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Terms of Usage

IMPORTANT-READ CAREFULLY: YOUR USE OF THE UMEETING'S WEBSITE, OUR SERVICES AND ASSOCIATED SOFTWARE IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

In these "Terms of Usage", we use "Umeeting.com", "Umeeting", "Limusolutions.com", "Limu Solutions", "Limu.com", "Limu", "Us", "Our" or "We" for Limu.com Limited. We define as a "Customer" any individual or entity which has purchased or subscribed to any Umeeting Product or Service (defined below). We define Our "Sites" as all information, functionality and services made available on the Internet from Our servers as well as all information, functionality and services made available by Us off-line. In this document we use "You" to refer to a Customer unless defined otherwise. These Terms of Usage govern the Usage of Our Sites by Customers and the relationship between Us and Customers.

It is important that You read these Terms of Usage before using Our Sites. Your usage of Our Sites means that You agree to all Terms of Usage applicable to Customers set out herein. By using our sites You agree that (a) You have read this document and understand all of its contents and (b) You accept all the Terms of Usage applicable to Customers set out in this document.


1. Ownership and License

We hereby grant Customer a world-wide, non-exclusive right to access and use Our online communication and collaboration service (the 'Service') for use of Customer. The Service is a fully hosted communication and collaboration application provided by Limu.com Limited, enabling Customer to schedule and hold live real-time interaction and knowledge sharing over the Internet between members of Customer's organisation, external members such as clients, external training and learning providers, or anybody else invited to participate in such activities using the Service ('Users'). The Service is either licensed to Customer on a pay-as-you-go basis ("Pay-as-you-go") or as a subscription ("Subscription") based service. As a Pay-as-you-go service, Customer will be able to us the Service and will be required to provide a valid credit card to wich usage charges as identified on Our Sites will be charged on a monthly basis. Customer that have elected to license the Service on a Subscription basis will be required to enter into a seperate Service Agreement with Limu.com Limited, the provider of the Service, and all usage of Subscription based Customers will be regulated according to that seperate Agreement.

We agree to make available the Service to Customer over Our integrated network of servers. There are no implied licenses granted under these Terms of Usage. Customer or its Users may not reverse engineer, reverse compile, reduce to human perceivable form, or disassemble any of the features, technology or components that make up the Service and its functionality. Except as expressly authorised in these Terms of Usage, Customer or its Users may not modify, improve or make derivative works of the Service. Except as expressly authorised by Limu, Customer or its Users may not resell or otherwise use all or parts of the Service to offer or provide any commercial or non-commercial service or product offering that would partially or entirely replicate the purpose and functionality of the Service.

No Member or Visitor shall grant any sub-licence of their right to use Our Sites without Our prior written permission.

2. Lawful Use

Customer hereby agrees and acknowledges to be fully responsible for all usage and the full part of all communications through the Service by Customer and its Users. Such usage may not, under any circumstances, engage in any of the following:

(a)act, or fail to act, in Users' us of the Service, in a manner that is contrary to any applicable law or regulation;
(b)transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(c)transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
(d)transmit through the Service, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(e)publish, encourage, distribute or disseminate defamatory, infringing or other unlawful material or information via the Service; or
(f)use the Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others.

Customer agrees to indemnify and hold without harm Limu, its officers, employees, agents, directors, shareholders and other subscribers from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the Customer and its User's usage of the Service contrary to the usage restriction under this section.

3. Service Changes

Certain features and aspects of the Service may on occasion change. We reserve the right to modify the Service or provision of such Service without notice. Changes can include, but are not limited to, access and use procedures, system hardware, system software and price structure. Although We endeavor to provide uninterrupted access and usage of Service, access and usage to Service might occasionally be interrupted for scheduled maintenance or upgrade to any part of Limu's systems and the Service. Reasonable notice will be given to Customer of such scheduled outage of the Service.

4. Information confidentiality

Information transmitted through the Service over the Internet can not be regarded as confidential. Therefore, Limu can not and will not guarantee privacy or guarantee protection of any confidential information that is transmitted during the Customer and its Users' usage of the Service.

5. Fees

The pricing applicable to the Service on a Pay-as-you-go basis is set fourth on our Sites and is billed on a per minute basis and calculated as per the total amount of minutes of each participant attending a web meeting of Customer. Additional charges are due for usage of Internet Voice as set fourth on our Sites. At registration with the Service, Customer is required to provide a valid credit card, to which all charges accumulated during each month will be charged at the end of such month. The pricing applicable to the Service on a Subscription basis is set out in the separate Service Agreement signed between Limu and the Customer. Customer agrees to make all payments as required in the aforementioned Service Agreement.

6. Support

Any and all Improvements of the Service developed by Limu which are made available to Customer during the term of these Terms of Usage shall be licensed to Customer at no additional charge, other than payments specified herein. 'Improvements' means any software patches, modifications, upgrades, improvements, extensions, including, without limitation, major, minor and maintenance releases, to or for the Service.

7. Ownership Rights

No right of ownership or title to the Service is transferred to Customer and its Users under or pursuant to these Terms of Usage and/or as a result of Customer's and its Users' use of the Service under any circumstances whatsoever. Customer agrees to maintain, duplicate and respect the copyright and other proprietary rights notices a ppearing as part of the Service.

8. Warranties

NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND LIMU, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIMU, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless Limu, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, your violation of these Terms of Usage or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity.

9. Limitation of Limu's obligations and liability

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIMU OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF LIMU, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LIMU'S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

10. Controlling laws and disputes

These Terms of Usage are governed, controlled, interpreted and defined by and under the laws of England and Wales, without regard to the conflicts of laws provisions thereof. Any litigation arising under these Terms of Usage will be brought in the courts of England and Wales. If any litigation or proceeding is brought by either party against the other in connection with these Terms of Usage, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by such prevailing party.

11. Interpretation

Any headings contained in these Terms of Usage are for convenience only and shall not be employed in interpreting these Terms of Usage. The parties and their respective counsel have negotiated these Terms of Usage. These Terms of Usage will be interpreted fairly in accordance with its terms and conditions and without any strict construction in favour of or against either party.

12. Miscellaneous

The Terms of Usage to our Marketplace Sites, our Privacy Policy and the separate Service Agreement signed between Limu and the Customer are incorporated by reference into these Terms of Usage. The Terms of Usage to our Privacy Policy can be reviewed by the link provided.

These Terms of Usage represent the entire agreement between Us and You in relation to the matters covered herein.

If any part of these Terms of Usage is held to be invalid or unenforceable then the remainder of these Terms of Usage shall remain valid and enforceable.


This document was last changed on July 2, 2009.





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