This Web site is provided by AudioCast Inc. ("AudioCast") and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. This site is not intended for persons under 13 years of age.
Additionally, this Web site may contain additional terms and conditions that govern particular features or offers. In the event that the terms and conditions of this notice conflict with any other terms and conditions contained in the Web site, the terms and conditions of this notice shall control.
If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
Limited License
Subject to the terms and conditions set forth in this Agreement, AudioCast grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree (1) not to use the site or materials for any purpose that is unlawful or prohibited by this Agreement, (2) not to use the site or materials in any manner which could damage, disable, overburden, interrupt, or otherwise impair the operation of the site in any way, and (3) not to use the site or materials in any manner which could interfere with any other party's use and enjoyment of the site and materials. You may not attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to the site, through hacking, password mining, or other means. You may not obtain or attempt to obtain any materials or information through any means no intentionally made available through the Web site. You may not upload any files that contain or otherwise introduce any viruses, Trojan horses, worms, time bombs, corrupted files, or any other software or programs that may damage the operation of the site or any computer or other property of AudioCast or any other party.
AudioCast authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AudioCast does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Compliance with Laws
AudioCast has an express policy of complying with all applicable laws, statutes, ordinances and regulations (including without limitation those governing export control, unfair competition, antitrust, intellectual property and false advertising) regarding the use of the Web site, the purchase of products or services through the Site, and posting and retrieval of information from the Site. The operation of the Web site is not intended to facilitate collusion or other illegal agreements among competitors or acts that would violate a third party's copyright, trademark or other intellectual property rights or confuse or deceive consumers. Accordingly, each user hereby represents and warrants that it does not intend to and will not use the Web site to violate antitrust, copyright, trademark, consumer protection or other laws.
Disclaimer
Third Party Sites
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AUDIOCAST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AUDIOCAST RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AUDIOCAST MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. AUDIOCAST DOES NOT WARRANT THAT THE SITE OR ANY SOFTWARE OR SERVICES MADE AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT BUGS. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
As a convenience to you, AudioCast may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AudioCast makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that AudioCast or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AudioCast or any of its affiliates or subsidiaries.
Information Provided by You
AudioCast does not want you to, and you should not, send any confidential or proprietary information to AudioCast via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to AudioCast will not be considered confidential or proprietary. By providing any such information or materials to AudioCast, you grant to AudioCast an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that AudioCast is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to AudioCast. You further recognize that AudioCast does not want you to, and you warrant that you shall not, provide any information or materials to AudioCast that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitation of Liability
Changes
IN NO EVENT SHALL AUDIOCAST, AND/OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES AND LICENSORS, BE LIABLE TO ANY ENTITY OR PERSON, FOR ANY DIRECT, INDIRECT, PURNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, LOSS OF CUSTOMER PRESENTATIONS, DATA, REVENUE OR ECONOMIC BENEFIT) OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, REGARDLESS OF CAUSE, AND EVEN IF THE PERSON FROM WHOM DAMAGES ARE BEING SOUGHT OR SUCH PERSON’S AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES AND LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND MATERIALS.
AudioCast reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. AudioCast may terminate, change, suspend or discontinue any aspect of the www.ClearMeeting.com Site, including the availability of any features of the Site, at any time. AudioCast may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. AudioCast may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials and copies thereof.
International Users and Choice of Law
This Site is controlled, operated and administered by AudioCast from its offices within the United States of America. AudioCast makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions, except that the United Nations Convention of the Sale of Goods shall not apply.
This Agreement, including the Privacy Policy on the www.ClearMeeting.com Site and all additional terms and conditions contained in the Site, all of which are expressly integrated herein, constitutes the entire agreement between AudioCast and you with respect to your use of the Site or the Materials. Any cause of action you may have with respect to your use of the Site or Materials must be commenced within ninety (90) days after the claim or cause of action arises or be forever barred. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure of AudioCast to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.