EWEBINAR LABS INC.
TERMS AND CONDITIONS
These terms and conditions (the “Terms”) apply to your access to and use of any (a) content or material provided through the website located at ewebinar.com and such other websites and locations as may be made available from time to time (collectively, the “Website”) owned and operated by eWebinar Labs Inc. (“eWebinar”, “we”, “us”, “our”), and (b) the services we provide through the Website (the “Webinar Services” and together with the Website the “Services”). By accessing and using the Services, you accept and agree to be bound by these Terms, and all applicable laws and regulations.
Your use of the Services is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Services.
SECTION 1 - WEBSITE USE
1.1 Updates to Terms
- “Host” - if you are an individual or organization using the Services under your own Account to upload or provide presentations or training using the Website;
- “Creator” - if you are an individual using the Services through a sub-account from a Host to upload or provide presentations or training using the Website;
- “Moderator” - if you are an individual using the Services through a sub-account from a Host to moderate the online chat feature on the Website on behalf of a Host; and/or
- “Registrant” - if you are an individual or organization accessing the Services to view presentations or training provided by a Host through the Website.
SECTION 2 - YOUR ACCOUNT
2.1 User Account
Your use of the Services may require an account identifying you as a user (an “Account”). YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the maintenance, confidentiality and security of your Account, all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any person who gains access to your account, with or without your permission (which, for a Host account, includes all Creator and Moderator sub-accounts). We may create an Account on your behalf in order to process orders you make through our Website. We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Services.
You must not register for an Account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
When you create an Account, you will be asked to provide certain information. You agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate. All such personal information is subject to the Privacy Policy.
For greater clarity, Registrants will not be required to create an account.
SECTION 3 - RESTRICTIONS ON USE OF THE SERVICES
3.1 Use of our Service
Provided that you are eligible for use of the Services, and that you agree to these Terms, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Services and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial (except in the case of Hosts, Creators and Moderators) use, subject to these Terms and provided that you keep all copyright or other proprietary notices intact. No other right or license of any kind is granted to you hereunder with respect to the Services, including but not limited to the right to use the eWebinar name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Without limiting the generality of anything else in these Terms, you must only use the Service for lawful purposes, and if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
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modify, copy, reproduce, create derivative works of, transfer or sell any Service Content (as defined below), unless we have expressly authorized you to do so herein;
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publicly display, publish or use the Service Content for any commercial purpose, except in furtherance of your permitted use in accordance with these Terms;
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distribute or transmit the Service Content (unless you are personally sharing Service Content on your social medial platforms);
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upload, post, transmit, share or otherwise make available on the Services any User Content that:
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consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that is prohibited by law;
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contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;
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in our sole discretion, portrays explicit nudity, adult content, or that is unacceptable for viewing by minors;
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in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
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contains Trojan Horses, worms, time bombs, or 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
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would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
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attempt to decompile, reverse engineer, disassemble, translate or otherwise attempt to extract the source code from the Services, Service Content or any software or database contained in or accessed through the Service;
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remove any copyright or other proprietary notations;
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scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
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forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service;
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impersonate or falsely represent your association with any person, including a representative of us;
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disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
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disable or circumvent any access control or related process or procedure established with respect to the Service;
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sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, the Service, except where expressly authorized by us;
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intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority; or
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harvest, scrape, extract, gather, collect, or store personal information about others without their express consent, or harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Service or to extract data, collect information or otherwise interact with the Service without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors;
- sign up more than one trial per company.
While we do not impose general limits on the number of Registrants who may view your Content, this policy is subject to fair use. If your aggregate number of Registrants is higher than 95% of Hosts on our platform in any calendar month, we may, in our discretion, charge additional Fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice.
3.4 Additional TermsSECTION 4 - OWNERSHIP OF CONTENT
In these Terms, “Content” means all materials and content of any type including but not limited to, designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work made available through the Website.
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you acknowledge that we reserve the right to refuse to accept, display, or transmit any User Content in our sole discretion;
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you are deemed to have granted us a worldwide, royalty-free, fully-paid up, perpetual, irrevocable, non-exclusive right and license to use, distribute, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, perform, display and create derivative works from such User Content as permitted by the functionality of the Services (the “User License”) on the following terms:
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the User License is limited to the purpose of offering the Services as may exist from time to time, in any medium whatsoever, marketing the Services by distributing case studies through social media, email or print, or to ensure adherence to, or enforce these Terms,
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the User License includes our right to sublicense to third party service providers for the purpose of offering the Services, at all times in accordance with these Terms, and
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the User License will end, and we will cease to use User Content, a commercially reasonable period after such User Content is removed from the Website,
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you are deemed to have represented and warranted to us that (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, (3) the User Content is accurate and complete, and (4) no User Content contains any libellous, defamatory or otherwise unlawful material, and
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you hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in (b) above).
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we do not collect personal information from Registrants;
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we may collect anonymized and/or aggregate data from use of our Website for the purposes of evaluating and improving our Services;
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any personal information collected from Registrants is collected by the Host, Creator or Moderator and not eWebinar;
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as a Host, Creator or Moderator, you are solely responsible for obtaining consent from Registrants to collect, store and use personal information in compliance with all applicable laws, including any intended use of such personal information for marketing purposes; and
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all Registrant Content will be collected by and associated with a particular Host, Creator and/or Moderator account, and such Host, Creator and/or Moderator will have full access to view and use such Registrant Content. and
SECTION 5 - DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES
5.1 Disclaimer of Warranties
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No Responsibility for Others’ Content.We are not responsible or liable in any manner for any User Content or Third Party Content available on or through the Services, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Services. Although we provide these Terms and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in these Terms, eWebinar has no responsibility to monitor any User Content or Third Party Content.
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Availability.The Services, or any Service, may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Services) or combination thereof. We may periodically add or update the information and materials on the Convert Services without notice.Additionally, your use of the Service depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
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AS IS; AS AVAILABLE.THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND EWEBINAR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EWEBINAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. EWEBINAR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. EWEBINAR DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SOURCES.
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access to or use, by you or permitted by you, of the Services or your Account; and
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any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
SECTION 6 - GENERAL PROVISIONS
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Governing Law and Jurisdiction– These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.
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Interpretation– In these Terms, (i) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (ii) all references to website addresses or URLs also includes any successor or replacement websites containing substantially similar information as the referenced website(s), and (iii) monetary amounts expressed are in US dollars.
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Waiver of Rights and Remedies– Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
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Severability- If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
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Notifications– Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Website or otherwise through the Service, as we may determine in our sole discretion.
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Assignment and Inurement–You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
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Survival– All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
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Entire Agreement– These Terms, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms.
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Language– These Terms are only available in English. No other languages will apply to these Terms.
- We collect personal information directly from users of our website, ewebinar.com (the “Website”), or services, including name, address, phone number, email, credit card information, purchase history and related order information. Users may also provide additional information by choosing to fill out free-form fields on our Website. Hosts may also collect personal information from Registrants through our Website.
- By using our Website or services, you are choosing to provide us with your personal information and you acknowledge and consent to the processing of your personal information in Canada and the United States.
- We also use cookies on our Website and automatically collect certain information about the way our Website is used.
- Our Website also collects users’ location information.
- We collect personal information to facilitate the use of our Website and services.
- We also use personal information for research purposes, to provide and administer services purchased through our Website, to communicate with you about our services, to authenticate your identity, to monitor your compliance with your agreements with us, to provide information to our third party suppliers of products and services, such as payment processors, in connection with any provision of services we provide to you, to protect us, yourself and others from fraud and error and to safeguard our business interests.
- The personal information that we collect about devices and use of our Website is used in aggregate and de-identified form to evaluate and improve our services.
- Personal information provided to us is never sold or rented to other organizations.
- We also use certain third party service providers who may have access to the information we collect.
- We may also disclose or share personal information for fraud prevention, and other permitted disclosures under applicable law.
- Personal information provided by sub-account holders may be shared with the main account holder associated with the sub-account.
- We are committed to protecting our users’ personal data, however, please note that no system is ever completely secure. We have implemented safeguards to protect personal information under our control, and regularly review our practices to ensure they align with reasonable practices appropriate to the level of sensitivity of the information, in order to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.
- Although we take steps to safeguard the personal information under our control, "perfect security" does not exist online or elsewhere. In particular, we cannot guarantee the security of information posted or transmitted using our Website or via email. It is possible that third parties may unlawfully intercept or access such information.
- You may request access to and review of your personal information in our possession, subject to certain limitations.
- You may also request that we change or delete your personal information in our possession. We will make best efforts to comply with such requests, subject to certain limitations.
- We use cloud services provided by third party service provides to store the personal information that we collect, and other service providers in Canada and the United States. This means that your information may be transferred to, or stored in, another country and accessible to foreign courts, law enforcement and national security authorities.
- We may amend our Privacy Policy from time-to-time. Although we will notify you of major changes, we encourage you to check for updates.
- You can contact us with questions, complaints or to access your personal information.
- Demographic information such as gender, age, and location of residence (city/province/state/country);
- Contact information such as name, email address, mailing and delivery address, and phone number;
- Billing information such as credit card number and billing address, which is then processed and stored by our service provider Stripe, but not stored by us;
- Unique identifiers such as username, account number, and password;
- Professional information such as name of employer, occupation, and location of occupation;
- Purchasing history and preferences and information about your use of the Service.
- You register for an account with us;
- You connect with us through social media;
- You provide information through orders or surveys provided before or after you have set up an account with us;
- We collect cookies and other tracking information through your use of the Website;
- We collect data from third parties or publicly available sources. We only collect personal information that we need. We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.
- Your authorized representative(s);
- Organization(s) that you previously consented to collect your personal information;
- Public sources in which your personal information is publicly available.
- To verify and authenticate your identity;
- To connect with us through social media;
- To communicate with you about our products that are available through our Website or that you have purchased or wish to purchase through out Website;
- To communicate with and facilitate business with our third party suppliers and contractors of products;
- To facilitate your purchases, inquiries, or communication related to products available or purchased through our Website and to provide status updates or tracking on such orders;
- To present offers and marketing communications tailored to your personal preferences;
- To request your participation in surveys or promotions or to request or manage your participation in loyalty programs (where you choose to participate in such programs);
- To maintain accurate customer records;
- To process and collect payments and debts owed to us;
- To establish and maintain communications with customers, contractors and consultants relating to our various products, and responding to inquiries and resolving any complaints;
- To protect us from fraud and error.
- To ensure that the Website or Services are optimized for your use and benefit;
- To operate, maintain and provide to you the Services, features and functionality of the Website;
- To communicate with you to provide you services, contacts, materials and/or recommendations for your needs as identified by you through phone, email, or the Website;
- To carry out our obligations arising from any contracts entered into between you and us;
- To comply with internal policies and procedures and other legal, accounting, or security requirements;
- To share your personal information with our employees, contractors, consultants and other third party service providers such as web hosting providers, advertising agencies, payment processors or customer service agencies (“Third Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Website or Service for your use and benefit. Please note that we may change or add Third Party Processors at any time, in our sole discretion, either in the United States or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, personal information may be stored anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored.
- To our employees and contractors;
- To our business partners, suppliers, partners and distributers;
- To our service providers including web hosting providers, advertising agencies, payment processors and customer service agencies; and
- To law enforcement, government or regulatory bodies, or other lawful authorities.
- Consent— we do not send you CEMs without your consent. This consent typically must be “express” (expressly acknowledged by you), but in certain circumstances can be “implied” or specifically exempt from consent requirements. We modified or adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as per CASL. When we collect your electronic contact information, you will know the exact purposes behind the collection.
- Consent we adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will:
- Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
- Provide you with our contact information; and
- Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
- Clarity— we ensured that each aspect of a CEM, including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.