TERMS OF SERVICE
Terms of ServiceLast updated: 11/12/22
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN Reelay Meetings, Inc. (“Reelay”, “WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL WWW.REELAYMEETINGS.COM, AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.REELAYMEETINGS.COM BY REELAY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO THE SITE INCLUDE ANY SOFTWARE THAT REELAY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (“MOBILE APPLICATION”). BY USING THE SITE, YOU ARE AGREEING TO ALL THE TERMS; IFYOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.
1. What We Do
Our services are provided through the Site (which may include Mobile Applications), which is an online meeting technology solution that allows participating meeting hosts (Hosts”) and meeting viewers “Viewers”) to communicate with their colleagues and clients (“Teammates”) by distributing virtual meeting assets via a secure Internet connection (the “Services”).
The Services are not intended for use by individuals outside the contracted organization, or client base of said contracted organization. While the Services may provide access to certain general business information, and also allow teammates to communicate with each other, the Services we provide cannot and are not intended to provide business advice, or legal counsel.
Reelay can change, update, add or remove provisions of the Terms, at any time by posting the updated Terms on the Site and by providing a notice on the Site. By using the Site after Reelay has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using theSite.
Reelay may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site orServices following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Service sat any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
3. User Responsibilities
If you are a Reelay user, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for business meetings is with your company and clients, and your obtaining services from Reelay is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold Reelay liable in any way for any conflicts or substandard use of our software by your company.
We make no representations regarding your ability to utilize third-party applications for the meetings you provide using the Site. You are responsible for complying with all agreements in place with third-party applications for the meetings you provide.
5. General Provisions
Regarding Use and Age RequirementBy using the Site, you represent, acknowledge and agree that you are at least eighteen (18) years of age, or if you are under 18 years of age but are at least thirteen (13) years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to the Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to the Terms and to fully indemnify and hold harmless Reelay if the Minor breaches any of the Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Reelay or the Site.
Reelay provides content through the Site that is copyrighted and/or trademarked work of Reelay or Reelay’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the Terms, and your compliance with the Terms, Reelay hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
6. Visitors and Registered Users
As a visitor, you can view, visit and browse through the Site. You need not register with Reelay to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Services and Materials offered on and through the Site, you must register with Reelay for an account and receive access. Registered Users can be Hosts or Viewers. To be able to use and access the Services, organizations shall contract separately with Reelay, create a Host account and then inviteTeammates to join the Host’s Reelay network.
(a) Beta Version of the Site
7. Links to Third-Party Sites.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “UnauthorizedActivities'' paragraph below. Those prohibitions do not require Reelay to monitor, police or remove anySubmissions or other information submitted by you or any other user.
9. Unauthorized Activities.
When using the Site and/or the Services, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, 'chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Reelay reserves the right to (a)terminate access to your account, your ability to post to the Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Reelay determines is inappropriate or disruptive to the Site or to any other user of the Site. Reelay may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Reelay’s discretion, Reelay will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on the Site may violate certain laws and regulations.
You agree to indemnify and hold Reelay and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Reelay or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of the Site or the use of the Site by any person using your user name and/or password(including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
10. Proprietary Rights.
Reelay is a registered trademark of Reelay in the United States of America. Other trademarks, names and logos on the Site are the property of their respective owners.
Unless otherwise specified in the Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Reelay. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
11. Intellectual Property Infringement.
Reelay respects the intellectual property rights of others, and we ask you to do the same. Reelay may, inappropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.
(a) DMCA Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please provide Reelay’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Reelay to locate the material.
• Information reasonably sufficient to permit Reelay to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Reelay’s agent for notice of claims of copyright or trademark infringement on the Site can be reached at Reelay Meetings Inc., 20555 N Pima Rd., Suite 100-R, Scottsdale, AZ 85255. Contact firstname.lastname@example.org.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid Digital Millennium Copyright Act (DMCA) takedown notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Reelay designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Reelay may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
(c) Termination of Repeat Infringers
Reelay reserves the right, in its sole discretion, to terminate the account or access of any user of the Site and/or the Service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of the Site is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by Reelay, and they may include inaccuracies or typographical or other errors. Reelay does not warrant the accuracy of timeliness of the Materials or Submissions contained on the Site. Reelay has no liability for any errors or omissions in the Materials, whether provided by Reelay, our licensors or suppliers o other users.
REELAY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS,WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. REELAY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
12. Limitation of Liability.
REELAY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING,OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL REELAY BE LIABLE TO YOUFOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE)HOWEVER ARISING, EVEN IF REELAY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
13. Local Laws; Export Control.
Reelay controls and operates the Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Reelay, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or the Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Reelay is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in theFeedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Reelay is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
15. Legal Disputes
The Terms will be subject to and construed in accordance with the laws of the State of Arizona, United States of America excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Reelay must be resolved exclusively by a state or federal court located in the State of Arizona, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Scottsdale, Arizona for the purpose of litigating all such claims or disputes.
Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii)where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Reelay may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Reelay elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Reelay. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.Arbitration expressly excludes claims for injunctive or other equitable relief.
16. Electronic Communications.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Reelay. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Reelay.You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Reelay prefers to advise you if we feel you are not complying with the Terms and to recommend any necessary corrective action. However, certain violations of the Terms, as determined by Reelay, may result in immediate termination of your access to the Site without prior notice to you. The United Nations on Contracts for theInternational Sale of Goods and any laws based on the Uniform Computer Information Transactions Act(UCITA) shall not apply to this Agreement. Any disputes relating to the Terms or the Site will be heard in the courts located in Arizona. If any term within the Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms within the Terms will be modified. Reelay’s failure to enforce any of the terms within the Terms is not a waiver of such term.TheTerms are the entire agreement between you and Reelay and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Reelay about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
18. Contact Us.
If you have any questions about these Terms or otherwise need to contact Reelay for any reason, you can reach us by mail at Reelay Meetings Inc., 20555 N Pima Rd., Suite 100-R, Scottsdale, AZ 85255 or contact at: email@example.com.