Effective date: May 1, 2020
Welcome to Callmeetups. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, which include, but are not limited to, Callmeetups that you order directly through our website or app. For the avoidance of doubt, if you order services through a Master Service Agreement with us, any such services are governed by the terms of the Master Service Agreement and not these online terms.
These Terms of Service (the “Terms”) are a binding contract between you and Callmeetups. (Callmeetups,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Your use of the Services and our website constitutes your agreement with and to be bound by all terms and conditions included in these Terms as well as the terms outlined in the Acceptable Use Policy, Privacy Policy, and Copyright Dispute Policy, all of which are incorporated herein by reference.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Callmeetups website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Upon signing up for the Services and at subsequent times as requested by Callmeetups, you agree to provide Callmeetups with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer your Callmeetups account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that Callmeetups suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Callmeetups has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Registration Data. Upon completion of all Registration Data and acceptance of this Agreement, Callmeetups will provide you with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify Callmeetups of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall Callmeetups be liable for any unauthorized use of your Account.
Your use of the Services is subject to the restrictions in the Callmeetups Acceptable Use Policy. You warrant and represent that you will at all times comply with the Callmeetups Acceptable Use Policy
In connection with the registration, implementation, maintenance, or servicing of the Services, you will be required to provide data, personally identifiable information, or other materials (collectively “Customer Data”). Should you use Callmeetups features that include data, such information is included in the definition of Customer Data You are solely responsible for collecting, entering and updating the Customer Data. You hereby grant to Callmeetups a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop, and improve the Services. You agree that we may authorize access to Customer Data and share how you use our Services to employees, contractors, and agents who need to know the information in order to improve, personalize and provide Services, conduct research for product development, and enhance user experience. Callmeetups may also share Customer Data as permitted pursuant to Callmeetups’s Privacy Policy, which is incorporated by reference into these Terms of Service.
Any information transmitted through the Services is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk. Callmeetups is not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through the Services. We do not guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Callmeetups. You access any such third-party websites or services at your own risk and are responsible for reading and abiding by any terms and conditions, privacy policies, or any other terms, conditions, warranties, or representations associated with such third parties or their websites or services. Callmeetups disclaims any liability arising from such use and by using the Services, you release and hold Callmeetups harmless from any and all liability arising from your interactions with any third parties or your use of any third-party website or service.
If there is a dispute between participants on this site, or between users and any third party, you agree that Callmeetups is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Callmeetups, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Callmeetups, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Services. You acknowledge and agree that Callmeetups has no obligation to make available to You any subsequent versions of the Services. In addition, you and Callmeetups acknowledge that no third party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that Callmeetups is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law. Your continued use of the Services following any modification of the Services constitutes your agreement with any such changes or updates.
In the event that you wish to stop using the Services, you may do so at any time, by contacting us at support@livemeetups.com. Callmeetups may terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including, but not limited to, your breach of these Terms.
Upon termination of your account, all information associated with your account will be deleted or destroyed in accordance with the Privacy Policy. As such, you should perform regular backups in order to avoid losing information upon termination. If you have deleted your account by mistake, contact us immediately at support@livemeetups.com; if possible, we will attempt to assist in recovering any lost information following an accidental account closure (though we make no representations that we will be able to recover or restore any information).
The account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with Callmeetups. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open the account. Subsequent changes to ownership must be supported by appropriate legal documentation. Callmeetups shall not adjudicate ownership-related disputes, or any other internal business dispute. If Callmeetups is unable to determine the valid owner of the account, Callmeetups reserves the right to suspend or terminate the account and Services.
Callmeetups is not obligated to store your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to you. You agree that Callmeetups has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that Callmeetups may establish limits as to the size of communications that Callmeetups transmits or stores and the duration for which Callmeetups stores any communications.
You may use Callmeetups Confidential Information only in connection with your use of the Services as permitted under this Agreement. During the term of your use of the Callmeetups Services and for a period of five (5) years thereafter, you will not disclose Callmeetups Confidential Information and you will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Callmeetups Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature.
For purposes of this Agreement, “Callmeetups Confidential Information” means all nonpublic information disclosed by Callmeetups or its affiliates, employees, agents, contractors, partners, or suppliers, which is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, would reasonably be understood to be confidential in nature, including but not limited to: (a) nonpublic information relating to Callmeetups’s customers, business plans, product roadmaps, promotional and marketing activities, finances, or other company or business information (or that of our affiliates, partners, or suppliers); (b) any confidential and proprietary third-party information; and (c) the nature, content and existence of any discussions or negotiations (including, but not limited to the terms of this or any other Agreement and any pricing or discounts). Callmeetups Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from Callmeetups; (iii) is received from a third party who was not bound by an obligation of confidentiality or restriction on disclosure; or (iv) can be evidenced as independently developed by you without reliance on or reference to the Callmeetups Confidential Information.
You agree that Callmeetups may identify you as a user of the Services on Callmeetups’s website or any third party website where Callmeetups or its designated agents may promote the Services in its business deals, press releases, marketing materials, advertising, newsletters, mailings, tradeshows, other promotional materials, and on Callmeetups’s website or any other third-party website where Callmeetups or its designated agents may promote the Services. You hereby grant Callmeetups and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages Callmeetups or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, Callmeetups may terminate your access to the applications or Services if You breach the requirements of this section.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. Callmeetups shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Callmeetups’s reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and Callmeetups (“Dispute”), You and Callmeetups shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, you and an authorized member of Callmeetups’s legal department (or other representative of Callmeetups designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither you nor Callmeetups shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
