CAVEDIGITAL BOARD MEETING CLOUD TERMS AND CONDITIONS, PRIVACY POLICY AND CHANGE AND CANCELLATION TERMS
TERMS AND CONDITIONS
Last Modified: August 05, 2013
Introduction
These terms and conditions are subject to change. These terms and conditions are in addition to CAVEDIGITAL BOARD MEETING CLOUD’s PRIVACY POLICY and CHANGE AND CANCELLATION TERMS.
By placing an order with and/or using CAVEDIGITAL BOARD MEETING CLOUD, you confirm that you are in agreement with and bound by the terms and conditions below.
Acceptable Use of CAVEDIGITAL Board Meeting Cloud
CAVEDIGITAL BOARD MEETING CLOUD is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
§ use the Service for any unlawful purposes or for promotion of illegal activities;
§ post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
§ impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
§ publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
§ send unsolicited communications, promotions or advertisements, or spam;
§ publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
§ access, tamper with, or use non-public areas of the Service, CAVEDIGITAL’s computer systems, or the technical delivery systems of CAVEDIGITAL’s providers;
§ probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
§ access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
§ forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
§ interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account or subscription if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account or subscription without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
Acceptable use policy
It is your responsibility at all times to:
Use our service and services in a manner which does not violate any applicable laws or regulations;
Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service.
Respect the privacy of others
Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
and
Refrain from acts that waste resources or prevent other users from receiving the full benefit of our service;
Ensure your use of our service remains ethical and in accordance with accepted community standards;
You must at all times comply with law. You will be in breach of this policy on violation of local law or international laws.
It is not acceptable to use our service to:
§ Violate copyright or other intellectual property rights;
§ Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
§ Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
§ Misrepresent or defame others;
§ Commit fraud;
§ Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
§ Damage, modify or destroy the files, data, passwords, devices or resources of the Service, other users or third parties;
§ Engage in misleading or deceptive on-line marketing practices;
§ Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
§ Make an unauthorized transmission of confidential information or material protected by trade secrets;
§ "Spam" or engage in "spamming" activities
§ Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
§ Post or transmit defamatory, harassing, abusive or threatening language;
§ Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
§ Facilitating a violation of this Acceptable Use Policy;
§ Perform any other action through utilization of any service which we deem unsatisfactory;
§ Attempt to do any of the above.
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of Service. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
CAVEDIGITAL BOARD MEETING CLOUD’S Property, Copyrights and Feedback
All right, title, and interest in and to the CAVEDIGITAL BOARD MEETING CLOUD (excluding Content provided by users) are and will remain the exclusive property of CAVEDIGITAL and its licensors. The CAVEDIGITAL BOARD MEETING CLOUD is protected by copyright, trademark, and other laws of both Portugal and foreign countries. Nothing in the Terms gives you a right to use the CAVEDIGITAL BOARD MEETING CLOUD name or any of the CAVEDIGITAL trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CAVEDIGITAL BOARD MEETING CLOUD, is entirely voluntary and we will be free to use such feedback, comments or suggestions, as well as your logo and company name as we see fit and without any obligation to you.
Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAVEDIGITAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CAVEDIGITAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVEDIGITAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CAVEDIGITAL ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAVEDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law
THE AGREEMENT AND SERVICES WILL BE GOVERNED BY PORTUGUESE AND EUROPEAN UNION LAWS.
Miscellaneous
Quoted times for account and subscription activation are estimates and we do not guarantee or imply activation within the quoted time frame.
We may delay or refuse activation if:
§ Payment is not cleared or received in full;
§ We believe the order, information or payment is fraudulent;
§ You have any funds outstanding with relation to any other account or subscription;
§ You might be proposed for use that voids our Acceptable Use policy;
§ There is any other reason which we deem satisfactory.
We may send notification of the Service activation however:
Your contact details must be correct and up to date.
This is not final word that your CAVEDIGITAL BOARD MEETING CLOUD is fully active and ready for use, you must ensure that your “Device” is fully functional.
You release us of any claim arising from failed hosting or internet connectivity, whether at fault of our system, our staff or any other factor out of our reasonable control.
We may use anonymized aggregated data to provide additional functionality and analytics.
PRIVACY POLICY
Last Modified: August 05, 2013
Introduction
This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users may access the CAVEDIGITAL BOARD MEETING CLOUD (the “Service”) through our website www.cavedigital.com, applications on Devices, through APIs, and through third-parties. A “Device” is any computer used to access the CAVEDIGITAL BOARD MEETING CLOUD, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the CAVEDIGITAL BOARD MEETING CLOUD, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information”.
THE INFORMATION WE COLLECT AND STORE
We may collect and store the following information when running the CAVEDIGITAL BOARD MEETING CLOUD:
Information You Provide: when you subscribe, we collect some personal information, such as your name, your company or organization name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to send invitations for other members to join your board. When you invite others to join CAVEDIGITAL BOARD MEETING CLOUD by using our invitation form, we send them a one-time email for that invitation. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to invite you to join a board.
Files: we collect and store the files you upload, download, or access with the CAVEDIGITAL BOARD MEETING CLOUD (“Files”). If you add a file to your CAVEDIGITAL BOARD MEETING CLOUD that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your subscription rather than storing a duplicate.
Log Data: when you use the Service, we may automatically record information from your Device, its software, and your activity using the Service. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.
Cookies: we also may use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
HOW WE USE PERSONAL INFORMATION
Personal Information: in the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications.
Geo-Location Information: some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos and videos you place in CAVEDIGITAL BOARD MEETING CLOUD may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
Analytics: we also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. As of the date this policy went into effect, we use Google Analytics. To learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.
Information Sharing and Disclosure
Your Use: We will display a limited set of your Personal Information in your Board so other Board members can easily identify you. Any information you choose to provide on your Microsoft Account should reflect how much you want others to know about you. Please consider carefully what information you disclose in your Microsoft Account profile page and your desired level of anonymity. To learn more about the privacy policy of Microsoft Account, click here. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your subscription (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.
Service Providers, Business Partners and Others: we may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the date this policy went into effect, we use Microsoft Azure service to store your information (for example, your Files). You can find more information on Microsoft Azure's data security from the Trust Center website.
Third-Party Applications: we may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.
Compliance with Laws and Law Enforcement Requests; Protection of CAVEDIGITAL's Rights: we may disclose to parties outside CAVEDIGITAL files stored in your CAVEDIGITAL BOARD MEETING CLOUD subscription and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of CAVEDIGITAL BOARD MEETING CLOUD or its users; or (d) to protect CAVEDIGITAL’s property rights. If we provide your files to a law enforcement agency as set forth above, we will remove any Service encryption (if applicable) from the files before providing them to law enforcement.
Business Transfers: if we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.
Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
Changing or Deleting Your Information
If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by contacting us. In some cases we may retain copies of your information if required by law. For questions about your Personal Information on our Service, please contact privacy@cavedigital.com. We will respond to your inquiry within 30 days.
Data Retention
We will retain your information for as long as your subscription is active or as needed to provide you services. If you wish to cancel your subscription or request that we no longer use your information to provide you services, please contact us to bmcloud@cavedigital.com. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
CAVEDIGITAL BOARD MEETING CLOUD for Board members and other users
If you are a Board member or other user on CAVEDIGITAL BOARD MEETING CLOUD, your users with Full Control roles (Administrator) may be able to:
§ access information in and about your Board member profile;
§ disclose, restrict, or access information that you have provided or that is made available to you when using the Service; and
§ control how your subscription may be accessed, renewed or deleted.
Please refer to your Company's/Organization’s policies if you have questions about your Administrator's rights.
Community
Our Service may offer publicly accessible community services such as social network, blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your subscription. For questions about your Personal Information on our Service, please contact privacy@cavedigital.com.
Our Site includes links to other Web sites whose privacy practices may differ from those of CAVEDIGITAL. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
Security
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at bmcloud@cavedigital.com.
As of the date this policy went into effect, we use Microsoft Azure service to store your information (for example, your Files). You can find more information on Microsoft Azure's data security from the Trust Center website.
Our Policy Toward Children
Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@cavedigital.com. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at privacy@cavedigital.com.
Changes to our Privacy Policy
This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.
CHANGE and CANCELLATION TERMS
Last Modified: August 05, 2013
Introduction
Changes to your subscription limits before the end of its billing cycle will be calculated in full days (including the day you execute the change) until the next billing cycle.
All cancellations must be received in writing as per the deadlines indicated.
Regular mail and e-mail notifications are acceptable as long as received by CAVEDIGITAL before the deadlines indicated. Phone requests will not constitute acceptance of any cancellation.
Contact us at least 30 days before the renewal date to request non-renewal, cancellation and any contract length changes. This will avoid double work for the renewal billing department and less confusion for you. Please note that contract length changes cannot be processed after the renewal date has passed.
If you know in advance you do not want to renew, you can e-mail us anytime and the cancellation department can disable the automatic renewal state for your subscription, resulting in your subscription not being automatically renewed on renewal date.
You should not use CAVEDIGITAL BOARD MEETING CLOUD in activities that:
§ May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
§ May create a risk of any other loss or damage to any person or property;
§ Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
§ May constitute or contribute to a crime or tort;
§ Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
§ Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets).
Termination and Fair Use Policy
CAVEDIGITAL BOARD MEETING CLOUD may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network and storage resources and to take such technical and other remedies as we deem appropriate. Your consumption of CAVEDIGITAL BOARD MEETING CLOUD may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of CAVEDIGITAL BOARD MEETING CLOUD customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan that will permit you to continue to use the Service. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use CAVEDIGITAL BOARD MEETING CLOUD and any license to use CAVEDIGITAL software, without prior notice in the event of a violation of this policy.
Changing or Deleting Your Information
Since you are a Microsoft Account registered user, you may review, update, correct or delete the Personal Information provided in your Microsoft Account registration. For questions about your Microsoft Account, please see http://windows.microsoft.com/en-US/windows-live/sign-in-what-is-microsoft-account and http://windows.microsoft.com/en-us/windows-live/microsoft-services-agreement.
You expressly release CAVEDIGITAL from any responsibility with relation to your Microsoft account Personal Information.
Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
Billing Issues
You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or Credit Card Company or other billing company. Send such notification to our support team by email to billing@cavedigital.com. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.
Disclaimers
THE CAVEDIGITAL BOARD MEETING CLOUD IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CAVEDIGITAL NOR CUSTOMER MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. CAVEDIGITAL MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION IN OR FROM AN END USER OR CUSTOMER SERVICES ACCOUNT.
CAVEDIGITAL is not responsible for the accuracy, completeness, appropriateness, or legality of files, or any other information in or from an End User or Customer Services account. CAVEDIGITAL has no responsibility or liability for the deletion or failure to store any information in or from an End User or Customer Services account.
Loss of service
We will endeavor to maintain the Service in a satisfactory level, however:
We may from time to time perform routine maintenance, service and upgrades. We will endeavor to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc.), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by CAVEDIGITAL BOARD MEETING CLOUD, our suppliers or any third party.
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
Suspension and cancellation
We reserve the right to suspend/cancel any/all service if:
You have any outstanding invoice or account;
Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination;
You fail to comply with any provision in this agreement or those referenced in this agreement;
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights;
If suspension does take place, we do not charge reconnection or suspension fees, however we will not activate the account again until payment or a payment arrangement has been approved and received.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
§ Any injury to person or property caused by any decisions taken in CAVEDIGITAL BOARD MEETING CLOUD;
§ Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party;
§ Any breach of any representation or warranty provided herein;
§ Any negligence or willful misconduct by you;
§ Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets;
§ Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify CAVEDIGITAL BOARD MEETING CLOUD. Failure to provide such confirmation may be considered a breach of this agreement.
We cannot be held responsible for any damages your business/operation may suffer. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by the Service, our employees or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
Term and termination
You may terminate a Subscription at any time during its Term, however no refunds will be provided.
1) Subscription Term and termination:
If you terminate a Subscription at any other time during the Term, you must pay for the terminated portion of the Subscription as set forth in the pricing and related terms on the Portal for your Subscription.
2) Customer Data return and deletion:
You may extract and/or delete Customer Data at any time. When a Subscription expires or terminates, we will retain any Customer Data you have not deleted for at least 90 days so that you may extract it, except for free trials, where we may delete Customer Data immediately without any retention period. You remain responsible for all storage and other applicable charges during this retention period. Following the expiration of this retention period, we will delete all Customer Data, including any cached or back-up copies, within 30 days of the end of the retention period. You agree that we have no additional obligation to continue to hold, export or return Customer Data and that we have no liability whatsoever for deletion of Customer Data pursuant to these terms.
3) Regulatory:
In any country where any current or future government regulation or requirement applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this agreement or the Services may be in conflict with any such regulation or requirement, we may change the Services or terminate the agreement.
4) Suspension:
We may suspend your use of the Services if: (a) reasonably needed to prevent unauthorized access to Customer Data; (b) you fail to respond to a claim of alleged law infringement within a reasonable time; (3); or if you do not abide by the Acceptable Use Policy or violate other terms of this agreement. A suspension will apply to the minimum necessary part of the Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period.