These terms and conditions ("Terms") govern your use of the TokBox application program interface(s), sample software code, and other related materials provided or made available by TokBox (the "Platform") that enable you to implement the TokBox live video chat software and services offered by TokBox (the "Service") on one or more website(s) or web applications owned and controlled by you ("Your Website(s)").
In order to use the Platform, you are required to accept and to agree to be bound by these Terms. We reserve the right to limit or terminate your access to Platform at any time. We reserve the right to change, modify, update or terminate the Platform at any time, to impose additional restrictions or limitations on the Service (including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ToxBox’s servers on your behalf), or to impose a fee for all or a portion of the Service. You agree that ToxBox has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. TokBox may decide what features to include in the Service and whether to make them optional or mandatory. You further acknowledge that ToxBox reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
We also reserve the right to change, modify or update the Terms at any time. If we revise the Terms, we will post the revised Terms on our website at the same URL as the Terms that are being modified, and you consent to receiving notice of any changes through such posting. If required by law, TokBox will also provide you notice of changes as provided in Section 17. If you do not agree to the revisions, you must cease to use the Platform and remove the Service from Your Website. Your continued use of the Platform or use of the Service on Your Websites after the posting of the revised Terms means that you have accepted the new Terms.
You consent to the collection and processing of your personal information in order to provide you an application programming interface ("API") key. If you share your API key with any person, you (and not TokBox) are responsible for any actions that person may take. If you believe that someone has used your API key without your permission, contact us at firstname.lastname@example.org.
If you are signing up for the Platform and the Service on behalf of a company, you represent that you are duly authorized to represent such company and accept the Terms on behalf of such company. If you are entering into these Terms on behalf of your company, the terms "you" and "your" in these Terms mean your company and all of its employees. If you are entering into these Terms on your own behalf, you agree that you are personally bound by these Terms. In such cases, the terms "you" and "your" mean you.
a) TokBox grants you a worldwide, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform in order to display the Service on Your Websites, subject to your compliance with the terms and conditions of the Terms. You may not install or use the Platform for any other purpose without TokBox's prior written consent.
b) You acknowledge that the Platform and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries and that all ownership and intellectual property rights in the Platform and the Service do and shall, as between you and TokBox, belong exclusively to TokBox. Without limiting the foregoing, TOKBOX and OPENTOK and the related logos are trademarks of TokBox. Except as expressly provided herein, these Terms grant you no right, title, or interest in any intellectual property owned or licensed by TokBox, including (but not limited to) the Platform, the Service or the TokBox trademarks.
c) You will not sell, transfer, assign, rent, lease, or sublicense TokBox's code, the Platform, or the Service to anyone.
d) Some of the features available through the Service are provided by other third parties. You may be required to agree to the Terms of Service of these third party services, and all such services are provided subject to those Terms of Service.
a) The Service includes branding for TokBox and its third-party partners. You agree not to remove, alter or change any branding contained in the Service. You may not display TokBox marks on your site (or otherwise) other than (i) through the display of the Service in accordance with the Platform and TokBox's branding guidelines located at www.tokbox.com/support/branding and (ii) solely for the purpose of disclosing that Your Website has implemented the Service in a manner that does not suggest any further relationship or endorsement of your Website by TokBox.
b) Other than through the API configuration options provided by TokBox, you will not alter, change or modify any user interface, feature or functionality of the Service without the express written consent of TokBox.
c) You agree not to copy, reverse engineer, decompile or disassemble TokBox's code, the Platform, or the Service, or build alternative methods to access the Service other than as provided through the Platform (except to the limited extent such restrictions are expressly prohibited by applicable statutory law).
d) Notwithstanding the foregoing paragraphs of this section 5, TokBox licenses certain components of the Platform (e.g. the TokBox HTML Embed) under a permissive software license. In these cases, you agree not to use any TokBox name, logo, trademark or service mark ("Mark"), including those originally built into the code we provide, in any modified version of that code unless (i) it follows the branding guidelines located at www.tokbox.com/branding or (ii) you have entered into a separate written trademark license agreement with TokBox.
e) You agree to update code provided by TokBox in connection with modifications to the Service or Platform in a reasonable and timely fashion after TokBox makes them available.
f) TokBox may update files on our servers that will automatically change the functionality of the Platform or Service, and you consent to those updates.
g) You will not obscure or cover any graphical element of the Service or otherwise interfere with the operation of the Platform or Service.
h) When users interact with the Service, TokBox receives and stores certain personally non-identifiable information as well as aggregated user information and statistics, such as number of unique users, number of sessions and total minutes streamed. TokBox may store such information itself or such information may be shared with TokBox affiliates, agents, service providers and current and prospective business partners. TokBox uses the foregoing information to provide, improve, market and enhance its products and services and for other lawful business purposes.
i) TokBox reserves the right to place volume limitations on access to the Platform or Service. TokBox may throttle the Service if concurrent video chat sessions conducted via Your Website exceeds 2,500.
j) These Terms do not entitle you to any support for the Platform or the Service, unless you make separate arrangements with TokBox and pay all fees associated with such support (if any). Any such support provided by TokBox shall be subject to the Terms as modified by the associated support agreement.
k) You agree that TokBox shall have the right to use your trademarks to identify you as a Platform licensee on its website and in other marketing materials.
a) TokBox retains the exclusive right to include and to sell advertising, promotions and sponsorships in the Service that is displayed on Your Websites (the "Advertising") and will retain all revenue derived from any Advertising. You will not obscure, alter or interfere with the display of the Advertising and will respect all TokBox policies and procedures regarding the display of Advertising.
b) You may not display any Advertising or third-party logos within the Service.
c) Subject to the foregoing, you may create advertising opportunities around the Service. In cases where the Service is the primary basis of the advertising sale, you agree to notify and compensate TokBox in a manner to be mutually agreed upon by the parties. For example, you may sell sponsorships or branding in areas around the live video streams, provided that you and Tokbox agree in advance on appropriate compensation to be paid to TokBox. Please contact us for questions and information at email@example.com, or to notify us of an advertising opportunity.
You are solely responsible for all content, services and advertising available through Your Website or that you incorporate into or promote through the Service. You may not incorporate or use the Service in connection with Your Website if Your Website or any of the content, services or advertising available on Your Website (or if your use of the Service otherwise) falls within any description below:
a) Is primarily directed to children aged 13 or under or that has children aged 13 or under as a significant proportion of its users;
b) Uses the Platform in, or to develop, a product or service that competes with products or services offered by TokBox;
c) Contains adult entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
d) Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
e) Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);
f) Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons.
In addition, TokBox reserves the right to terminate the Service for any Website for any reason, including if TokBox determines that the Website is harmful to or inconsistent with TokBox's reputation and goodwill. If your Website meets any description above (or you are unsure), but you are interested in incorporating the Service, please email us at firstname.lastname@example.org so we can discuss whether your proposed use is acceptable.
c) Monitoring and Abuse. TokBox does not actively monitor the Service, but may elect to do so in its discretion. However, TokBox will not be responsible for any claim based on any commentary or content posted in the Service by any user or any actions taken by any user of the Service, including any claim that the user content violates any person's rights or is defamatory, libelous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behavior in the Service in connection with Your Website. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that Your Websites that implement the Service are at all times subject to terms and conditions binding on all users that are no less protective of TokBox and the Platform (and no less restrictive) than these Terms.
d) DMCA. You will maintain a policy for removing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
e) Recording. You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.
f) Content. You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials ("content") that you or any of Your Website users upload, store, post, publish, display or otherwise transmit or use (hereinafter, "post") in connection with the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by TokBox. TokBox reserves the right to investigate and take appropriate legal action against anyone who, in TokBox’s sole discretion, violates these Terms, including without limitation, removing the offending content from the Service, suspending or terminating the access of such violators and reporting you to the law enforcement authorities. Without limiting the foregoing, you shall not (nor shall you allow any third party to) use the Service to:
(i) post any content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous or invasive of another’s privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or in the sole judgment of ToxBox, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ToxBox or its Platform users to any harm or liability of any type;
(ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(iii) violate any applicable local, state, national or international law, or any regulations having the force of law;
(iv) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(v) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
a) Contact and Cooperation. You must be reachable during reasonable business hours for security questions or concerns through the contact information that you provided upon requesting your Platform key.
b) Your Network. You will ensure that all networks, computer and operating systems, software and other systems used to operate Your Websites employ security measures to prevent unauthorized access to or use of any user data and the Service. You must promptly report any security deficiencies in or intrusions to your systems to TokBox at email@example.com.
c) Disclaimer. You understand that the operation of the Service, including your (or your users’) content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to TokBox’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content. TokBox will have no liability for any unauthorized access or use of any content, or any corruption, deletion, destruction or loss of any content. You further acknowledge and agree that ToxBox may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ToxBox, its users and the public.
You represent and warrant that: (a) you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content or data on Your Websites or that is used or incorporated with the Service, and that neither Your Website nor any related content violate the rights of any third party (e.g. copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; (b) you have all necessary rights and authorizations to agree to these Terms and to use the Platform and the Service as contemplated by these Terms; and (c) your agreement and compliance with these Terms and use of the Platform and the Service will not violate any law, regulation or contractual obligation.
a) TokBox may terminate your access to the Service at any time, with or without notice. You may remove the Service from Your Website at any time.
b) Upon any termination of these Terms or your access to the Service, (a) all rights and licenses granted by either party to the other party herein shall terminate, (b) you shall immediately remove the Service from Your Websites and remove all copies of the Platform from all computers, hard drives, networks, and other storage media, and (c) all of your content on the Service (if any) may be permanently deleted by ToxBox. Notwithstanding anything to the contrary in these Terms, the following provisions shall survive and remain in full force and effect following any termination of the parties' obligations under these Terms: Sections 10 and 12-18.
TOKBOX DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENTS, IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND TOKBOX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM AND THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THEIR USE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
TOKBOX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) (i) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PLATFORM OR THE SERVICE, OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT TOKBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY AMOUNT IN EXCESS OF $100 OR, IF GREATER, THE FEES PAID BY YOU TO TOKBOX IN THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold TokBox and its affiliates, officers, directors, agents, service providers, partners, and employees harmless from any claim, demand or allegation made by any third party, and all related losses, damages, liabilities, costs and expenses (including attorneys' fees), that it is any way related to:
• your use of the Platform or the Service;
• use of the Service by the users of Your Websites;
• Your Websites, including any content, services or advertisements on Your Websites or that you incorporate with the Service;
• any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service; and
• your breach of any representation, warranty or covenant included in these Terms.
You agree that the statutes and laws of the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the your use of the Platform or the Service, including any disputes under these Terms, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts located in San Francisco in the State of California, USA. Both you and TokBox irrevocably consent to personal jurisdiction in such courts and agree to appear in such courts in connection with any claim arising hereunder.
These Terms govern your use of the Platform and the Service and constitute the entire agreement between you and TokBox regarding the subject matter hereof. These Terms supersede any prior agreements between you and TokBox relating to your use of the Platform and the Service (including, but not limited to, any prior versions of these Terms). The failure of TokBox to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision, and a waiver of any default is not a waiver of any other default. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and so that the other provisions of the Terms remain in full force and effect. All headings in the Terms are for convenience only and have no legal or contractual effect. The Terms are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without TokBox's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. TokBox expressly reserves and shall have the right to assign the Terms and to delegate any of its obligations hereunder.
We may send you any notices, including those regarding changes to these Terms, to the email address you provided when you requested your API key or through any other reasonable means. Any notices to TokBox must be sent to TokBox, Inc., 115 Stillman St., San Francisco CA 94107 via first class or air mail or overnight courier and are deemed given upon receipt.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. ToxBox will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ToxBox at firstname.lastname@example.org (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:
Attention: DMCA c/o Janine Yoong
115 Stillman St. San Francisco CA 94107
Notice: To be effective, the notification must be in writing and contain the following information:
•an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
•a description of the copyrighted work or other intellectual property that you claim has been infringed;
•a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it;
•your address, telephone number, and email address;
•a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
•a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that the relevant content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a written counter-notice containing the following information to the Copyright Agent:
•your physical or electronic signature;
•identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
•a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
•your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ToxBox will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ToxBox’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, ToxBox has adopted a policy of terminating, in appropriate circumstances and at ToxBox's sole discretion, the access to the Service of Platform users who are deemed to be repeat infringers. ToxBox may also at its sole discretion limit access to the Service and/or terminate the access of any Platform users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We offer a wide range of services, some of which are free and others are paid services. You agree to pay us promptly for any paid services to which you subscribe.
We reserve the right to introduce fees for other services in the future at our sole discretion. We agree to notify you of the introduction or any change to fees for services which you already subscribe to. You may also unsubscribe to these services, delete your account or disable your application at any time.
TokBox monthly subscriptions auto-renew. If you want to cancel your renewal you must do so by emailing email@example.com at least 24 hours before your monthly renewal date. Please contact us if you have any questions.