TERMS AND CONDITIONS
1. YOUR AGREEMENT WITH VIDNEX
1.1 Vidnex’s internet communication Service applications (“Internet Communications Service”), other “Vidnex” branded Service applications (together the “Vidnex Service”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee.
1.2 Vidnex Ventures S.L. provides the access to the Service and its products in exchange of a monthly payment.
1.3 “Vidnex Websites” means
, (operated by Vidnex Ventures SL) and any other websites authorised by Vidnex which link to these Terms.
1.4 “Vidnex’’ means Vidnex Ventures SL; C/Mateo Inurria 32, 28036 Madrid, NIF: B86888054. “Services” means collectively the payable communication services of Vidnex; “you” or “your” means you, the registered holder of the User Account (as described in paragraph 6) and licensee under these Terms.
1.5 Your agreement with Vidnex is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Service, Services and/or Vidnex Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Service, Services and/or Vidnex Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Vidnex in accordance with paragraph 11.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service, Services and/or Vidnex Websites in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with Vidnex.
3. CHANGES TO THE TERMS
3.1 Vidnex may make changes to these Terms from time to time. Vidnex will publish the changes at
. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Service, Products and/or Vidnex Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Vidnex in accordance with paragraph 11 below.
4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the platform on a personal computer, mobile phone or other device; and personally use the Service through your individual Vidnex user account (“User Account”).
Vidnex reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Service.
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Service or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Service;
(d) use the Service or cause the Service (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Service for your own business communications, subject to paragraph 4.1 above;
4.3 Third Party Notices. The Service and Vidnex Websites may include third party code that Vidnex, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Service, are licensed to you by the third parties that own such code, not by Vidnex.
5. USE OF THE SERVICE AND PRODUCTS AND VIDNEX WEBSITES
5.1 Equipment: In order to use the Service and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
5.2 Use of Your Equipment: The Internet Communications Service may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Service users. If your use of the Internet Communications Service is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Service is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Service: Vidnex may automatically download configuration changes and updates to the Service from time to time. You may be required to update the Service in order to continue using Vidnex. You agree to accept such updates subject to these Terms. Vidnex is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Service or that updated Service will be compatible for use with end users running older versions of the Service.
Updates may be required to maintain Service compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
5.4 Suspension, technical improvement and maintenance: From time to time, Vidnex may need to perform maintenance on or upgrade the Service, Products or Vidnex Websites or the underlying infrastructure that enables you to use the Service, Products or Vidnex Websites. This may require Vidnex to temporarily suspend or limit your use of some or all of the Service, Products or Vidnex Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Vidnex will publish the time and date of such suspension or limitation on the Vidnex Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Service, Product or Vidnex Website.
Vidnex reserves the right to review content submitted on or through the Service, Products and Vidnex Websites for the purpose of enforcing these Terms. Vidnex may, in its sole discretion, block or otherwise prevent delivery of any instant message, SMS, video, media, or other communication to or from the Service, Products and Vidnex Websites as part of our efforts to protect the Service, Products, Vidnex Websites or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Service, Products and Vidnex Websites:
(a) Do not use the Service, Products or Vidnex Websites to do anything illegal. You are responsible for your actions and the consequences of your actions.
(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).
(d) Do not upload or share images or engage in any activity that exploits or harms children.
(e) Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).
(f) Do not engage in activity that is harmful to our Service, Products, Vidnex Websites or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).
(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).
(h) Do not engage in activity that violates the privacy of others.
(i) Do not circumvent, disable or otherwise interfere with the security related features of the Service, Products or Vidnex Websites or features that prevent or restrict the use of any content.
We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Vidnex may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
5.6 Notice and Take-Down: If Vidnex receives any notification that any material that you post, upload, edit, host, share and/or publish on the Vidnex Website or through the Service (“User Submission”) is inappropriate, infringes any rights of any third party, or if Vidnex wishes to remove your User Submission for any reason whatsoever, Vidnex reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Vidnex in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Vidnex is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Vidnex reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.7 Quality: Vidnex cannot guarantee that the Service, Products or Vidnex Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, Products (depending on the Products used) or Vidnex Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Vidnex takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.8 Changes to Products: Vidnex is constantly improving the Service and Products and may change them at any time. Additionally, there are reasons why Vidnex may stop providing the Service and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Service. Technical requirements for use of Products and Service and feature descriptions are available on the Vidnex Website. If you do not agree with any changes to Service and Products you may terminate your relationship with Vidnex in accordance with paragraph 11. You may need to upgrade to a new version of Google Chrome browser in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Vidnex Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.9 Reports Certain parts of the Vidnex Websites or the Service may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Vidnex. Vidnex shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Vidnex will not be treated as confidential and Vidnex shall not be liable for any disclosure of the Reports.
5.10 Linking You may link to the Vidnex Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Vidnex where none exists. You may not frame the Site on any other site. Vidnex may revoke the permission to link to the Vidnex Websites at any time at its sole discretion and will notify you in this respect.
6. YOUR OBLIGATIONS
6.1 User Account. Prior to your first use of the Vidnex Service, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Service through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Vidnex takes no responsibility for your failure to comply with the obligations in this paragraph.
6.2 Lawful Use: You must use the Service, Products and Vidnex Websites in accordance with the laws of where you are located. It is your responsibility to ensure that you are legally allowed to use the Service, Products and/or Vidnex Websites where you are located.
6.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the platform, Products, Vidnex Websites, communication or protocols;
(c) send unsolicited communications (also referred to as “SPAM”) or any communication not permitted by applicable law or use the Service, Products or Vidnex Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Service, Products or Vidnex Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Service, Products or Vidnex Websites;
(h) impact or attempt to impact the availability of the Service, Products or Vidnex Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Service, Products or Vidnex Websites. Notwithstanding the foregoing, you agree that Vidnex grants to the operators of public search engines permission to use spiders to copy materials from the Vidnex Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vidnex reserves the right to revoke these exceptions at any time.
6.4 User Submissions Please exercise respect when participating in any features of the Vidnex Websites or Service such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the Vidnex Websites or of the Vidnex Service which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Vidnex Websites and/or Service you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Vidnex has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Vidnex Websites or through the Service; (iii) Vidnex does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Vidnex is not responsible for any User Submissions that you may have access to through your use of the Vidnex Websites or Service and all User Submissions are the responsibility of the person from whom such User Submissions originated. Vidnex does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you:
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize Vidnex to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the Vidnex Website or Service any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to circumvent, disable or otherwise interfere with the security related features of the Vidnex Website or Service or features that prevent or restrict the use of any content thereof.
6.5 Your Information: From time to time, Vidnex may request information from you for the purpose of supplying the Service or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6 No Reselling. The Service and Products are for your individual use. You shall not resell or commercialise the Service and/or Products to any third party.
6.7 Export Restrictions: The Service may be subject to international rules that govern the export of Service. You shall comply with all applicable international and national laws that apply to the Service as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
7. PROPRIETARY RIGHTS
7.1 The Service, Products and Vidnex Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the Vidnex Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and Service, are the property of Vidnex, its affiliates or licensors and are protected by Spain and international copyright laws. Such copyright protected content cannot be reproduced without Vidnex’s express permission. Vidnex reserves all rights not expressly granted in the Vidnex Websites.
7.3 Vidnex and/or its licensors retain exclusive ownership of the Service, Products and Vidnex Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with Vidnex’s intellectual property rights in the Service, Products and/or Vidnex Websites.
7.4 “Vidnex”, associated trademarks and logos and its logo are trademarks of Vidnex. Vidnex has registered and filed applications to register its trademarks in many countries worldwide. Vidnex’s trademarks and trade dress may not be used in connection with any product or service that is not Vidnex’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vidnex. All other trademarks not owned by Vidnex or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Vidnex’s intellectual property (in whole or part) or that is confusingly similar thereto.
8.1 Events with Vidnex Credit:
(i) The time of the events or classes made with your initial balance, the balance included in your plan, will be discounted from this. This consumption is measured in minutes accordance to the use of the platform, the time consumed will be discounted of your initial balance that will be recharged monthly.
(ii) Once you consume the time included in your plan, each additional hour of the use of the service will be billed according to the plan you have purchased.
(iii) Vidnex may change the rates for the Service without notice to you by posting such change at www.vidnex.com/pricing
. The new rate will apply to your next use after the new rates have been published. Please check the latest rates before you create your class. If you do not accept the new rates, do not create your class.
(iv) The duration of a class shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the class. At the end of a videoconference, fractional cent charges will be rounded up to the nearest whole cent, for example a total videoconference price of €0.014 will be rounded up to €0.02.
8.2 Promotional Offers: From time to time, Vidnex may offer a payable Service for free for a trial period. Vidnex reserves the right to charge you for such Products (at the normal rate) in the event that Vidnex determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.3 Tax: Vidnex may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules). 21% Spain VAT generally applies if you are located in the EU and the Products are purchased and used in the EU. Other local taxes may apply in certain countries.
8.4 Third-Party Charges: Using the Service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to Vidnex by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by Vidnex.
9.2. Incremental Payments. The consumption out of your plan, i.e. over the time included in your plan, will be charged using the payment method you have chosen, within a limit of 30 days maximum, deciding Vidnex when and this limit of 30 days to make the payment.
10. REFUND POLICY
10.1 In any case, refunds will not be made, you have the right to not renew your plan.
10.2 This refund policy does not affect your statutory rights.
11. ENDING YOUR RELATIONSHIP WITH VIDNEX
11.1 You may terminate your relationship with Vidnex at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Service, Products and/or Vidnex Websites and cancelling any recurring payments.
11.2 Vidnex may terminate its relationship with you, or may terminate or suspend your use of the Service, User Account(s), Products or Vidnex Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Vidnex reasonably suspects that you are using the Service, the Products and/or Vidnex Websites to break the law or infringe third party rights;
(c) if Vidnex reasonably suspects that you are trying to unfairly exploit any of our policies.
(d) if Vidnex reasonably suspects that you are using our Products, Service and/or Vidnex Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days notice if Vidnex decides to cease offering that Product;
(f) immediately, if (in Vidnex’s reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Vidnex’s partners;
(g) on thirty (30) days notice if Vidnex decides to cease offering the Service to users in your jurisdiction generally.
11.3 Vidnex shall effect such termination by preventing your access to your User Account, the Service, Products and/or Vidnex Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
11.4 Consequences of Termination: Upon termination of your relationship with Vidnex: (a) all licenses and rights to use the Service, Products and/or Vidnex Websites shall immediately terminate; (b) you will immediately cease any and all use of the Service, Products and/or Vidnex Websites.
12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this paragraph 12, "Vidnex" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE, PRODUCTS AND VIDNEX WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; VIDNEX DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, PRODUCTS AND/OR VIDNEX WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. VIDNEX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, PRODUCTS AND/OR VIDNEX WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES VIDNEX WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF VIDEOCONFERENCES MADE THROUGH THE SERVICE.
12.3 No Liability: YOU ACKNOWLEDGE AND AGREE THAT VIDNEX WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO VIDNEX, IN CONNECTION WITH OR ARISING FROM YOUR USE OF VIDNEX WEBSITES, OR THE INTERNET COMMUNICATIONS SERVICE OR OTHER SERVICE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICE AND/OR VIDNEX WEBSITES IS TO IMMEDIATELY CEASE USE OF SUCH SERVICE AND/OR VIDNEX WEBSITES.
12.4 Limitation of Liability: Subject to paragraphs 12.2 and 12.3 above, Vidnex shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Vidnex, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) any product or service provided by a third party under their own terms of service;
(ii) any Other Technology;
(iii) any third party website.
12.5 Subject to paragraphs 12.3 - 12.4 above, Vidnex’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF THREE THOUSAND EUROS IN ALL CASES.
12.6 If any third party brings a claim against Vidnex in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Vidnex harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
13. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
14. HOW TO CONTACT VIDNEX
14.1 To contact Vidnex in relation to the Vidnex Service or “Vidnex” branded Products, please submit a support request to >(iii) Vidnex may change the rates for the Service without notice to you by posting such change at www.vidnex.com/contact
14.2 If you contact Vidnex by any means other than as set out in paragraph 17.1, your request may not be acknowledged.
15.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Vidnex.
15.2 For your convenience, Vidnex may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Vidnex.
15.3 These Terms constitute the entire agreement between you and Vidnex with respect to your use of the Service, Products and/or Vidnex Websites and replace any prior agreements between you and Vidnex with respect to the Service, Products and/or Vidnex Websites.
15.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
15.5 The failure by Vidnex to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Vidnex’s right or remedy. If Vidnex waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
15.6 You may not assign these Terms or any rights or obligations contained in them. Vidnex may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
15.7 This paragraph 15, along with paragraph 4 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
15.8 You acknowledge and agree that if Vidnex is unable to provide the Service, Products and/or Vidnex Websites as a result of a force majeure event, Vidnex will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Vidnex.
15.9 These Terms shall be governed by and interpreted in accordance with the laws of Spain and shall be subject to the jurisdiction of the courts of the district of Madrid, Spain.
16. PRODUCT SPECIFIC TERMS
16.1 Group Video Calling
(a) Number of Participants. The number of permitted participants on a group video call varies from 2 to a maximum of 7, subject to system requirements.
(b) Audio Conversion. If your group video call exceeds the fair usage limit, then the call will convert from video to audio.
(c) Software Versions. If a participant of a group video call is not on a version of Internet Communications Service that supports group video calls, then the call will be an audio call only for that participant or download the last version of Google Chrome browser.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SERVICE OR USE THE SERVICE, PRODUCTS AND/OR VIDNEX WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VIDNEX THE RIGHTS SET FORTH HEREIN.
© Vidnex. Last update: August 2014