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
2. Lawful Use
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.
3. Service Changes
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.
4. Information confidentiality
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.
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.
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.
7. Ownership Rights
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.
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.
9. Limitation of Limu's obligations and liability
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.
10. Controlling laws and disputes
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.
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.
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.
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
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.