Terms of Service

Date of Last Revision: August 19, 2009

Terms of Service

These Terms of Service ("Terms of Service") govern our relationship with you, our users and the service we provide you with. By using or accessing TokBox, you agree to these Terms of Service, our Privacy Policy and any other legal notices (collectively, "The Agreement").

Please note that although we will try to notify you of any significant changes to the Agreement, you should make sure that you review the latest version from time to time. We may change the Agreement at any time and you agree to be bound by the revised Agreement.


1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you provide to us. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

 

2. Registration and Account Security

TokBox users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will only provide accurate personal information on TokBox, and will only create an account for yourself.
  2. You will only use TokBox if you are over 13.
  3. You will keep your contact information accurate and up-to-date.
  4. You will not transfer your account to anyone without first getting our written permission.
  5. You won't impersonate another person.
  6. You are of legal age to agree to these terms and conditions
  7. You won't use TokBox if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  8. You won't use TokBox if you are a convicted sex offender.
  9. You won't share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

Your account may be terminated without warning if we believe that you are in breach of any of these terms.

 

3. Safety

We try to keep TokBox safe, but we cannot guarantee it. As part of helping us try to keep TokBox safe, you commit that you will not:

  1. send or otherwise post unauthorized commercial communications to users (such as spam).
  2. collect users' information, or otherwise access TokBox, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. upload viruses or other malicious code.
  4. solicit login information or access an account belonging to someone else.
  5. bully, intimidate, or harass any user.
  6. post, transmit or send any content that is unlawful, obscene, lewd, hateful, threatening, pornographic, racially or ethnically offensive, or that contains nudity or graphic or gratuitous violence.
  7. post false, inaccurate, misleading, defamatory, or libelous content.
  8. use TokBox to do anything unlawful, misleading, malicious, or discriminatory.
  9. facilitate or encourage any violations of this Agreement.

 

4. Using TokBox

TokBox enables you to submit User Content. By submitting User Content you are agreeing that:

  1. You are solely responsible for all your User Content and TokBox has no responsibility or liability with respect to User Content.
  2. We do not guarantee any confidentiality with regard to User Content.
  3. We are under no obligation to store, transmit, or maintain any User Content and we may cease storing, transmitting, or maintaining any or all User Content at any time, at our sole discretion, unless you subscribe to a storage service that we may choose to offer.
  4. You own or have the necessary licenses, rights, consents and permissions to use each and every image, sound and text passage contained in your User Content.
  5. You have the written consent and/or permission of each and every individual person in the User Content to use their name and likeness.
  6. You specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid worldwide license to use User Content that you post on TokBox. When you delete your account we will attempt to delete your User Content (except to the extent your content has been shared with others, and they have not deleted it) but in the event that we do not, we retain the License.
  7. When you delete User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to other users).
  8. We have the right to decide whether User Content is inappropriate or violates this Agreement and we have the right, at our sole discretion, to reject, refuse to post or remove any User Content (including private messages) or to restrict, suspend or terminate your access to any or all of the website at any time, for any or no reason, with or without prior notice.
  9. We have no responsibility for monitoring the website or User Content for inappropriate conduct or content.

 

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on TokBox that infringes someone else's privacy rights, publicity rights, copyright or contract rights or otherwise violates the law.
  2. If you are a copyright owner and believe that your copyright has been infringed, you can submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing:
    1. A physical or electronic signature of a person authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed;
    2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. 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 and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    5. 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 owner, its agent, or the law; and
    6. 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.
    7. Company's designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
    8. Attn: Copyright Agent
      TokBox, Inc.
      128 King Street
      San Francisco, CA 94107
      by phone at: (415) 365-6227
      by email at:
    9. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
    10. You hereby agree that you shall not assert any claim against the Company or its officers or directors with respect to such content unless and until: (1) you have fully completed the process set forth above; and (2) the Company has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so.
  3. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people's intellectual property rights, we may disable your account.
  5. You will not use our copyrights or trademarks (including TokBox and the TokBox logo) without our written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear that you (and not TokBox) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

 

6. TokBox Intellectual Property Rights

Excepting User Content, all the remaining content on the website including text, software, API graphics, files, images, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos ("Marks") are owned or licensed by TokBox. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license or sell any Content or Marks without our written consent or permission.

 

7. Payments

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.

 

8. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator interacting in any way with Platform, the following additional terms apply to you:

  1. We grant you a limited, non-exclusive, non-transferable, non-sub-licensable, royalty-free, fully paid worldwide license to internally use the Platform in accordance with the documentation that accompanies it.
  2. Your license to use the Platform is limited to 500,000 minutes per month of live video chat and/or 10,000 video messages per month, whichever occurs first ("Platform Usage Limits").
  3. Once you have been given access to the TokBox Platform, you will only use it to:
    1. Register users with TokBox for the use of our services
    2. Enable use of TokBox's live video calls, video conference rooms and video message systems on your website
    3. You agree to keep your Credentials confidential and not divulge them to any third person, except on a legitimate "need to know" basis.
  4. Your use of the TokBox Platform must:
    1. Comply with our documentation
    2. Comply with all applicable laws and regulations including, but not limited to, user opt-in to receive content, the posting of a privacy policy that does not conflict with the TokBox Privacy Policy.
  5. You agree to update when a new version of the TokBox Platform is released. We will make commercially reasonable efforts to notify you of any changes 24 hours in advance, but you understand that TokBox may, at its sole discretion, modify or alter any component or aspect of the TokBox Platform at any time.
  6. Except as authorized under your TokBox Services Agreement(s) you may not, nor will you allow others to:
    1. Modify, obscure or hide any TokBox branding or advertising that is displayed as a result of your use of the TokBox Platform
    2. Use the TokBox API or TokBox services to transmit content that is illegal, obscene, defamatory or violates any intellectual property rights or any other rights of any third party.
    3. Use the TokBox Platform to engage in, facilitate, or promote any illegal activity.
    4. Use the TokBox Platform to transmit content that is false, misleading, or likely to mislead or deceive (including, without limitation, information relating to the source or author of the message).
    5. Use the TokBox Platform to transmit pyramid schemes or chain letters.
    6. Use the TokBox Platform to sell or promote the use of web cams or surveillance equipment for non-legitimate use.
    7. Use the TokBox Platform to transmit any advertising or promotion (other than promotion of TokBox's services).
    8. Use the TokBox Platform to transmit unsolicited data or messages.
    9. Use the TokBox Platform to transmit viruses, spam, or anything that is otherwise designed to disrupt the functionality of any computer software or hardware or telecommunications equipment.
    10. Use the TokBox Platform to transmit content that is in violation of any law or regulation, including, but not limited to regulations of the U.S. Securities and Exchange Commission or any stock exchange;
    11. Use the TokBox Platform to impose (as determined in TokBox's sole discretion) an unreasonable or disproportionately large load on TokBox's (or its third party providers') infrastructure, including, but not limited to transmitting a volume of content that exceeds the Platform Usage Limits.
    12. Interfere or attempt to interfere with the proper working of the TokBox Platform or any activities conducted on TokBox.
    13. Bypass any measures TokBox may use to prevent or restrict access to the TokBox services (or other accounts, computer systems or networks connected to the TokBox services).
    14. Intentionally target TokBox services to children under the age of 13 or knowingly provide TokBox services to children under the age of 13.
  7. We reserve the right to introduce fees and change prices at any time at our sole discretion. We agree to notify you of the introduction or any change to fees for services which you already. You agree to pay the TokBox Platform fees (if any) promptly.
  8. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
  9. You will not misrepresent your relationship with TokBox to others.
  10. You may use the logos we make available to developers or issue a press release or other public statement with our written permission.
  11. We can issue a press release describing our relationship with you.
  12. You are responsible for your website or application and its content and all uses you make of the Platform.
  13. You are responsible for reporting to TokBox any errors or difficulties discovered and, unless otherwise specified in your TokBox Services Agreement(s), TokBox is in no way obligated to provide you with any error correction or support.

If you are unable to comply with these terms, but are still interested in using the TokBox Platform, please contact us.

 

9. Termination

If you violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for us, we can stop providing all or part of TokBox to you, including the TokBox Platform. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time.

 

10. Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Agreement or TokBox in a state or federal court located in San Francisco County. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions or your content on TokBox, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP TOKBOX UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TOKBOX "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TOKBOX WILL BE SAFE OR SECURE. TOKBOX IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TOKBOX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TOKBOX WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TOKBOX'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

11. Definitions

  1. By "TokBox" we mean the features and services we make available, including through (a) our website at www.TokBox.com and any other TokBox branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
  2. By "us," "we" and "our" we mean TokBox, Inc. and/or its affiliates.
  3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from TokBox and provide data to us relating to TokBox users.
  4. By "User Content" we mean the content and information you post on TokBox, including information about you and the actions you take.
  5. By "post" we mean post on TokBox or otherwise make available to us.
  6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

 

12. Other

  1. This Agreement makes up the entire agreement between the parties regarding TokBox, and supersedes any prior agreements.
  2. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Agreement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
  6. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Agreement shall prevent us from complying with the law.
  8. This Statement does not confer any third party beneficiary rights.