The following outlines the Terms of Service which are provided through Meiotic, Inc., a California Limited Liability Corporation, located in Irvine, California, USA, hereafter “us” or “we” or “vablet” or any similar reference.
We are contracting with any authorized party (“you”, “your”, “company”, “user” or any other similar reference) to allow them to use the vablet solution (the “service”), which can be accessed via the management console at http://admin.vablet.com (the “site”) or through the vablet application (the “app”) which can be downloaded through a designated source.
These terms and conditions govern your use of the service, the site, the app and the functions provided therein. By completing the registration process for use of the service, you are agreeing to the Terms of Service outlined herein and thereby represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Also, by registering and agreeing to the Terms of Service, you warrant that you have full authority to be bound to these terms.
If you DO NOT AGREE with the terms of service or you DO NOT HAVE THE AUTHORITY to bind yourself or any entity, you must NOT accept these terms and must NOT use the service or the app.
THE SERVICE AND THE APP
In order to use the service, you must create an account through the site, that account must be approved by us and approval is at our discretion. In order to use the app, you must first have an approved account. Users of the service must go to an appropriate source such as the Apple App store or Microsoft Store, agree to these Terms of Service, complete the registration process, and install the app on each device on which they intend to use the app along with the service.
Users of the service consist of administrative site users (“Administrators”) and licensed users (a “User”). Administrators are responsible for their account, for all users added to or associated with their account, the use of the app under these Terms of Service as well as and all fees due for that account. The Administrators have access to and control over all data (“Content”) and users within their account and may add, edit, suspend, or delete any content or users at any time at their discretion. Users may use the downloaded app to receive and interact with the content originated from and controlled by the account administrators.
Vablet is a subscription service and users must pay for use of the service. We may offer a trial and the period of trial may vary at our discretion. Trials may also be extended or terminated at any time at our discretion. To use the service beyond the Trial period, you must notify us of your desire to have your account activated, the date when you wish to start using your activated account and the number of licenses required. We will charge your credit card or invoice you based on this information and on each anniversary date thereafter. Renewal fees will be based on the number of licenses used during the period in which your account is active. Fees may be charged via credit card or invoice and companies are obliged to pay all fees due, per the terms herein.
Unless otherwise agreed upon in writing, any prepaid fees are non-refundable and in no event shall any termination relieve you of your obligation to pay any fees that were due prior to that termination. If any fees remain unpaid for 30 or more days beyond the due date, we reserve the right to suspend your use of the service until such amounts are paid in full or we may cancel your account outright.
USE OF SERVICE|USER CONDUCT
All users agree to use the service in compliance with the Terms of Service and thereby agree not to use the service in a malicious manner or in any or for any illegal practices.
Users also agree that they will use only the account assigned to them through the registration process. Users also agree that they will not share their username or password with any unauthorized person and that they will not attempt to use any other user’s account, username and password to enter the service. Users further agree that they will not attempt to impersonate any other person or user by misrepresenting their identity as any other than their own identity.
Users agree that they will not try to disrupt the service in any way by attempting to gain access to the accounts, servers, networks, etc. of the service or to attempt to sell the service to others or to use the service for marketing purposes such as sending unsolicited emails, newsletters, or any materials that constitute a violation of the Terms of Service and the intended use of this site. If there arises any use that may be questionable, users must contact us to determine if the desired use violates the Terms of Service.
We reserve the right, in our sole discretion, to deactivate a user account for any reason or for no reason and may exercise such right at any time, with or without prior notice. By agreeing to the Terms of Service you grant this right.
Content provided by you and used through the service shall be exclusively owned by you including any and all rights and interest therein. Under no circumstances will we be held accountable for any loss of or damage to customer content. By becoming a user of the service, you, the customer, acknowledge that you forfeit the right to hold us accountable for any and all technical errors, including loss of user files (customer data).
All interactions using our site and the app are between you and users. The service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the service. However, we are not an agent of any transacting party nor are we a direct party to any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you may access using the service, and you irrevocably waive any claim against us with respect to such sites and third-party content.
We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the service, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
INTELLECTUAL PROPERTY RIGHTS
Except for the rights granted herein, you have no right, title or interest in or to the service or any content owned by the service. You agree that our company, or our licensors, retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the service and content, including, without limitation, text, images, and other multimedia data. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided for use by the service.
Cancellation of an account is effective at the end of the month in which you receive a notice of cancellation from us or if we receive notification from you. Notification may be sent in the form of an email. If no acknowledgement receipt email is received by either party, it is the sending party’s responsibility to follow up to ensure that the desired cancellation request has been received by the other and that a cancellation will occur. Any disputes by any user’s that do not have an acknowledgement will not be considered valid cancellations. To cancel send an email to: email@example.com.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT ANY LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to the amounts actually paid by such user for service over the previous three (3) months, and shall not include punitive damages or consequential or resulting damages of any nature.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the service resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving our company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. By using the service, users in the European Union understand and consent to the processing of any personal information in the United States.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party without express written authorization from us. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD HAVE BEEN FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND ANY OF YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or provision of the terms and conditions herein shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
SUBJECT TO CHANGE
The Terms of Service herein may be subject to change at any time and at our discretion. It is your responsibility to visit our site and review them for any changes.
(Last updated on April 17th, 2012)
– See more at: http://www.vablet.com/terms/#sthash.LTvN5atB.dpuf