ClickWebinar Service Agreement
General Terms of Service
By subscribing to ClickMeeting (hereinafter referred to as “the Service” and/ or “the Software”), the Customer agrees to use it in compliance with the Terms of Service stated below.
Whenever used in these General Terms of Service, the following terms shall have the meaning defined hereinafter:
“Implix” shall denote the Service Provider;
“the Customer” shall refer to any natural person or entity that subscribed to the Service available on the ClickMeeting.com website;
“the Conference” shall refer to any meeting organized using our Service.
“the User” and/or “you” shall refer to any natural person that uses the Service and participates in the Conferences;
“the Recipient” shall refer to any User that receives video, audio, data, or information from another User of the conference.
“the Presenter” shall refer to the Customer or to a User whom the Customer gave the right to present video, audio, data, or information to other Users of the conference. The Presenter authorizes other Users to speak or write in a chat and has the right to exclude any other User or block another User’s access to the conference.
“Conference Streaming” shall be understood as the transfer of content, such as data, information, materials and such, from the Customer’s account to conference Recipients through the Service.
Implix provides the software that enables the User to create, participate in and manage online meetings. The Service allows you to stream your own audio and video conferences via the Internet with the following features: desktop sharing, whiteboard, text chat, audience managing tools, inviting and subscribing tools, statistics, custom branding, feedback tools, meeting scheduler, file library, meeting recording and archive.
These General Terms of Service govern the purchase and use of audio and video web-based conferencing services.
By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. If you do not agree with these General Terms of Service, please do not use the Service.
Implix declares and the Customer expressly agrees that due to the data transfer requirements,
the quality of a streamed media file might differ from the original file. The Customer realizes that the Service is provided on an “as is” basis.
By using the Service the Customer acknowledges that they are solely responsible for the conference streaming, all contents, information and data that are going to be streamed during the conference. By using the Service and taking part in a public or private conference, the Customer gives permission to transfer all disclosed information and data to every single conference Recipient.
I. Registration and Use of the Service
1. The Service is provided to the Customers. The Customer chooses their user name and password, hereinafter referred to as the “login details”. The Customer is responsible for keeping the login details in secrecy.
2. On registration to the Service, the Customer agrees to:
a) fill out the registration form with current, complete and accurate information;
b) choose an account type (CIickMeeting or ClickWebinar) and a subscription plan;
c) pay in due time, all the fees accrued for the use of the Service;
d) maintain and promptly update his/her information so that it is as current, complete and accurate as possible;
3. The Customer should declare that he/she either acts as a consumer or conduct a business activity and he/she uses the Service for the purposes of such a business.
4. The Customer agrees to:
a) transmit through the Service only such materials and data that they have full rights to use and publish on the Internet;
b) act according to the rules related to the use of electronic means of communication in force of the country of the Customer’s residence, as well as the US laws and the rules of the European Union.
5. The Customer gives their express consent to receive commercial information about the products and services of Implix.
6. Upon registration to the Service, the Customer expressly agrees to receive invoices issued by Implix in the Billing History Section in the Customer’s Account.
7. The Customer realizes that they are solely responsible for any actions or omissions related to the processing and sending out, and/or disclosure of personal data during the conference, streamed by means of the Service through their account.
8. The Customer is solely responsible for notifying all conference Recipients that the personal data and information disclosed during the conference can be transmitted to other recipients and third parties. The Customer undertakes to inform Recipients that the use of the Service
9. The Customer expressly agrees that the use of the Service is at his/her sole risk.
10. The free version of the Service, as opposed to the paid version, may be limited in terms of access to certain features.
11. The Customer is not allowed to run more than one online meeting or conference at a time, within one ClickWebinar account.
II. License to Use the Service
1. Implix shall grant a non-exclusive, non-transferable, revocable right to access and use the Service, subject to the Customer’s compliance with the General Terms of Service of this Agreement.
III. Prohibited Practices
1. The User is not allowed to use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
2. The User agrees that the use of the Service is subject to all applicable national, international, state, and local laws, as well as any and all applicable regulations, including the General Terms of Service. Furthermore, the User agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that:
a) are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person’s privacy, tortuous, or otherwise violate Implix’s rules or policies;
b) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;
c) associate any content streamed through the Service with pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
d) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting of pictures, logos, software, articles, musical works and videos;
e) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
f) impersonate any person or entity, including any of our employees or representatives;
g) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
h) offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act
i) are associated with any form of gambling or lottery-type services;
j) are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
k) are associated with the sale of:
- any controlled drug that requires a prescription from a licensed practitioner; or
- any over-the-counter drug, or
- nonprescription drugs;
l) are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
m) are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
m) market for:
- nicotine, nicotine products, products imitating nicotine products, symbols relating
to smoking or nicotine;
- alcohol of any kind;
- drugs of any kind, products relating to drugs, symbols relating to drugs, the use of drugs of any kind;
- medical services, medical aid, medical assistance, medicines;
- video lotteries, cylindrical games, card games, dicing, and automated games;
n) use the Service to call on minors directly to purchase products or services;
o) encourage minors to influence their parents or other persons with the aim of impelling them to buy products or services marketed through the Service;
p) take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
q) unreasonably show minors in dangerous situations, or
r) use the Service to affect the subconscious of a recipient.
3. The foregoing list is non-exhaustive of prohibited goods and services.
1. The Customer is obliged to pay in due times all fees for the use of the Service according to the chosen payment scheme and the General Terms of Service.
2. The subscription payment includes the down-payment fee for the subscription to the Service account of a chosen type,
3. The Customer agrees to pay the subscription payment as a recurring payment, per the agreed payment plan. The amount of the recurring payment is based on the current price list, which is presented on the Service website, at the time of registration to the Service.
4. Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan. Implix may change the fees for the subsequent months at any time. Implix reserves, at its sole discretion, the right to change the fees for the Service subscription. The actual fees and prices are available on the ClickMeeting website. Upon a change, the new payment plan becomes valid starting from the subsequent payment due date, unless you terminate the Service before that date. A termination notice should be received by Implix within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.
5. The Customer expressly consents that Implix is authorized to close their account in the event of the fees not being paid fully and in a timely manner.
6. The bonus amount, which is the difference between the amount of the down payment and the recalculated payment, shall be kept by Implix for the account of the subsequent fees due to Implix.
7. The Customer acknowledges and agrees that fees for the use of the Service do not include any additional third party costs including phone call costs charged by the phone operator.
8. The Customer acknowledges that conference phone numbers provided by Implix within the Service are not toll-free numbers. Implix does not charge any additional fees; however, any conference User will be charged for the connection by their phone operator according to their subscription plan.
9. Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon receipt of each payment, Implix will issue an invoice for the Service.
10. Upon payment, Implix sends an email to the Customer, containing the payment confirmation receipt and an invoice.
V. Technical Requirements
1. Upon uploading a file to the Service account, its format may be adjusted to the requirements of the Service. Such an adjustment might influence the video quality or other file features.
2. Implix assures that the Service will work properly on Internet Explorer 7.0 or higher, Mozilla Firefox, Safari 9.0, Chrome and Opera web browsers with plugins that allow Flash technology. We assure and guarantee that media streamed from a previously uploaded media file will work properly if you successfully uploaded the file in a recognizable format. You will find a list of recognizable formats on the Service’s website.
3. You expressly consent that the quality of motion pictures or streamed media files might differ from the quality of the original files.
4. We assure and guarantee that desktop sharing functionality will work properly with the latest Windows operating system.
5. We guarantee, and you recognize, that the Service will work properly if you have a camera and/or a microphone and headset or loudspeaker that is recognized by your computer and your browser Flash plug-in and is not used by another application.
VI. Customer Support Service
1. Implix provides the Customers with Email Customer Support.
2. The Customer may address all questions, doubts, and report any issues to the Customer Support Department via our web form. The Customer should provide us with at least the account name and/or your name, so we can investigate the matter and provide the Customer with our feedback. Implix does not investigate or take any action based on “anonymous” support requests.
3. We ensure that the Customer Support Department responds as soon as possible. Normally the response shall be performed within two business days after receiving a request.
4. During the Free Trial Implix reserves the right to terminate the ClickMeeting Service at anytime without stating the reason of the termination.
VII. Complaint Procedure
1. The Customer unconditionally accepts that the Service is distributed on an “as is” basis without warranties of any kind, either expressed or implied.
2. In the event of Service failure, the Customer can submit their complaint via the web form that can be found on the website, or contact the Customer Support Department through the Service website.
3. On complaint, you should provide at least the account name and/or Customer’s name. The Customer Support Department will investigate the problem as soon as possible and inform the Customer on how the issue will be or has been processed. The Customer has the right to be informed about the progress of the matter. If a problem with the Service occurs, Implix assures to undertake all measures to solve it as soon as possible.
4. Implix stipulates and the Customer acknowledges that we will not take any action if the Customer’s complaint refers to the fact that the Service does not recognize his camera and/or microphone and/or headset and/or loudspeaker and/or telephone.
VIII. Customer Obligations
1. The Customer ensures with no limits the due application of the General Terms of Service and appropriate law provisions regarding the publishing of content on the Internet. Without any limitations, the Customer is particularly obliged not to undertake any unlawful practices.
2. Should the Customer provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Implix has the right to suspend or terminate the Customer’s account and refuse any and all current or future use of the Service.
3. The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from our website, servers and/or the Service. The Customer may not take any action which imposes an unreasonable or disproportionately large load on the website network or other Implix service infrastructure.
4. Implix reserves, at its sole discretion, the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders in the event that the Customer was notified to be spamming or using the Service or any other Implix Services for illegal or expressly prohibited practices, or if the Customer was found infringing on the Service or any other Implix websites or services.
5. Implix reserves the right to refuse any and all, current or future, use of the Service to a Customer who intentionally or maliciously evades the obligations stated in these General Terms of Service, or in the event of this arising from custom and other good commercial practices on the Internet.
6. Implix reserves the right to issue a warning should the Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as disabling the Customer’s account, terminating the Service, and/or reporting the Customer and the incident to the appropriate authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.
IX. Conference Content
1. The Customer may upload content to the Service account, in connection with their use of the Service.
2. Implix does not verify, endorse, or claim ownership of any content, and the Customer retains all right, title, and interest in and to their account’s content.
3. Unless otherwise set forth in the General Terms of Service, Implix does not store any content, except as necessary for Implix to perform the Service.
4. Implix has no responsibility or liability for the deletion or accuracy of content, the failure
to store, transmit or receive transmission of content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating from or involving the use of the Service.
5. Certain features of the Service enable the User to specify the level at which the Service restricts access to a User’s content. The User is solely responsible for applying the appropriate level of access to your content.
6. The User declares and warrants that:
a) they are the owner, licensor, or authorized user of all content;
b) they will not upload, record, publish, post, link to, or otherwise transmit or distribute content that:
- advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities;
- infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Implix, or any rights of publicity or privacy of any party;
- attempts to mislead others about the Customer’s identity or the origin of a message or other communication, or impersonates or otherwise misrepresents the Customer’s affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate;
- promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity;
- is harmful to minors;
- contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, information, or property of another; or
- violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
7. Implix personnel will not access, view, or listen to any content, except as reasonably necessary to perform the Service in a legitimate way, including but not limited to the following:
a) responding to Customer Support requests;
b) detecting, preventing, or otherwise addressing fraud, security, or technical issues;
c) as deemed necessary or advisable by Implix in good faith conforming to legal requirements or complying with legal processes; or
d) enforcing the ClickMeeting Service Agreement, including the investigation of potential violations hereof, as further described in Section 10 (Conference Content Inquiry).
X. Conference Content Inquiry
2. Shall Implix become aware, however, of any possible violations of this Agreement by the Customer, Implix reserves the right to investigate such violations, and may, at its sole discretion, immediately terminate the Customer’s license to use the Services or change, alter or remove an account’s content, in whole or in part, without prior notice to the Customer.
3. If any criminal activity has occurred, Implix reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities.
4. Implix is entitled, except to the extent prohibited by applicable law, to disclose any information, including information about the User, in Implix’s possession in connection with their use of the Service, to law enforcement or other government officials, as Implix in its sole discretion believes to be necessary or appropriate.
5. The Customer agrees unconditionally to indemnify and hold Implix harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from the Customer’s content, the content of Users, and the Customer’s or any Users’ use of the Service.
1. The Service software and all content included on our website, such as text, graphics, logos, button icons, images, audio clips and video tutorials, are the property of Implix or its content suppliers and protected by Polish, U.S. and international copyright laws.
2. No part of the Service website may be reproduced or transmitted in any form or by any means without written permission from Implix.
1. Implix, Implix.com, ClickMeeting, ClickMeeting.com are trademarks of Simon Grabowski and Implix in the Republic of Poland, the United States and other countries.
2. Trademarks of Simon Grabowski and Implix may not be used in conjunction with other companies' products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.
XIV. Disclaimer of Warranties, Limitation of Liabilities
1. Implix does not guarantee any minimum response times nor deliverability times in connection with the performance of the Service.
2. All relevant files on the Implix Server, including those containing the Users’ personal data and information stored and processed on Implix Servers through the Service, are backed up and stored in a fire and theft protected location which is separate from the location of the Implix servers.
3. IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
4. For breach or default by Implix of any of the provisions of these General Terms of Service, Implix’s entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies Implix of such a claim, or in the aggregate, in respect of all claims under
or related to the Services provided by Implix to the Customer.
5. In no event will Implix nor its agents, employees, directors, officers or suppliers be liable for losses or damages hereunder or under any service schedule for any special, incidental, indirect, or consequential loss or damage (even if Implix has been advised of the possibility of such a loss) including, but not limited to, lost business revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind or any claim against the customer by any other person resulting from or arising in any connection with the performance or non-performance of this agreement, any service schedule or any obligation hereunder or thereunder (including the services), howsoever caused (including breach of a warranty, tort, negligence, strict liability in tort, or any legal, statutory or equitable cause of action).
6. The limitations, exclusions and disclaimers in this agreement shall apply irrespective of the nature of the cause of action, demand or claim by the customer, including, without limitation, breach of contract, negligence, tort, strict liability or any other legal theory and shall survive a fundamental breach or breaches or the failure of the essential purpose of this agreement.
7. Implix shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such a loss, damage or inconvenience is caused by the failure of the User to comply with their obligations under these General Terms of Service.
8. Implix is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Implix's reasonable control. Implix is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which Implix could not foresee or suspect.
9. The Customer recognizes that Implix does not own or control other networks, information and systems outside of its own network, nor is Implix responsible for performance or non-performance within such networks. Implix exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.
10. Implix may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment, or software used
to deliver the Service provided that this does not have a material adverse effect on the Service.
11. Implix may perform scheduled or emergency maintenance (including temporary suspension
of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. Implix will give the Customer such notice of the maintenance as it is reasonably practicable in the circumstances, provided that, in the event of a scheduled maintenance that would last for more than one day, Implix will use reasonable efforts to give the Customer at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
12. The Customer acknowledges that the use of the Service is at the Customer's sole risk and Implix is in no way responsible for the conduct of the Customer and/or the content of conferences streamed through using the Service. The Customer hereby indemnifies,
and holds harmless, Implix and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgments and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to, the willful misconduct or negligent acts or omissions of the Customer or the Customer’s officers, agents, employees
or subcontractors. Implix shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which Implix will require such indemnification from the Customer. Implix will provide the Customer with reasonable information and assistance
to defend such a claim, demand, or cause of action.
13. Implix shall not be responsible for the quality of media received by the final Recipient.
XV. Term and Termination of the Service Agreement
1. The term of this Agreement shall begin on the date the Customer clicks to accept this Agreement and shall continue until the Service is terminated, as set forth below.
2. The Customer may terminate the Service at any time with effect from the day on which the paid subscription to the Service has expired.
3. Unless expressly or explicitly mentioned in these General Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to Section 4 of these General Terms of Service.
4. If the Customer wants to terminate the Service, they are required to send a cancellation request to the Billing Department through the web form, and provide at least the account name and their email address, no later than two business days prior to the recurring date.
5. Implix may terminate this Agreement immediately for any breach of this Agreement by the Customer.
6. Implix reserves, at its sole discretion, the right to terminate the Service instantly in the event
(i) that the Customer is found to be using Implix services for spam activities or (ii) of other abusive or illegal practices, as mentioned in Section 3 above. Implix reserves, at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
7. In the aforementioned situations, the Service will be terminated with immediate effect.
8. Any down payment made by the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such a sum. Implix will not perform any recalculation of the down-payment amounts.
9. Implix may, for operational reasons, change the codes or numbers utilized to provide the Service or vary the technical specifications of the Service, provided that any change to the technical specification does not materially affect the performance of the Service.
XVI. Final Provisions
1. The illegality, invalidity or unenforceability of any provision of these General Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
2. It is also understood and agreed by the Parties that if any provision of these General Terms of Service is prohibited or is unenforceable under the law of any government having jurisdiction, such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or if such modification is not possible, these General Terms of Service will be construed as if such an invalid or unenforceable provision had never been contained in these General Terms of Service.
3. Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the ClickMeeting.com website, including these General Terms of Service, at any time without prior notice. The User agrees that their continued use of the Service after such an update will constitute their acceptance of and agreement to be bound by the updated General Terms of Service. The most current version of the General Terms of Service is available at any time at ClickMeeting website.
4. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.
5. The law of the Republic of Poland and the Polish Court shall be the governing jurisdiction.