EWEBINAR LABS INC.
TERMS OF USE

SECTION 1 - WEBSITE USE

1.1 Updates to Terms

As a Host, you may cancel the subscription associated with your Account at any time by clicking the subscription cancellation button on your “My Plan” page. We will email you confirmation of cancellation. No ‎cancellation is valid until you have received this email confirmation of cancellation. Once cancelled, your subscription will cease at the end of the current billing cycle.

We may terminate the Services related to your Account upon any breach of a material ‎provision of these Terms and failure to cure such breach within seven days of our delivery ‎of notice of breach to you. You acknowledge and agree that we may ‎terminate the Services, your access to them, or any portion thereof, in our sole discretion without any ‎liability whatsoever to you or any third party. Any termination by us shall be in addition to any and all ‎other rights and remedies that we may have.‎

 

 

1. 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;
2. publicly display, publish or use the Service Content for any commercial purpose, except in furtherance of your permitted use in accordance with these Terms;
3. distribute or transmit the Service Content (unless you are personally sharing Service Content on your social medial platforms);
4. upload, post, transmit, share or otherwise make available on the Services any User Content that:
   1. 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;
   2. 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;
   3. in our sole discretion‎, portrays explicit nudity, adult content, or that is unacceptable for viewing by minors;
   4. 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,
   5. 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
   6. 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,
5. 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;
6. remove any copyright or other proprietary notations;
7. 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;
8. 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;
9. impersonate or falsely represent your association with any person, including a representative of us;
10. disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
11. disable or circumvent any access control or related process or procedure established with respect to the Service;
12. 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;
13. 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
14. 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;
15. sign up more than one trial per company.

The Services permit you to submit, upload, provide, post, input, transmit, copy, make available, distribute, or ‎otherwise transfer to us, or any third party using the Services, Content (collectively, your “User ‎Content”), and we do not claim ownership over any User Content. By providing any User Content to us or any third party using the Services, whether or not through use of, or associated with, your account:

1. you acknowledge that we reserve the right to refuse to accept, display, or transmit any User ‎Content in our sole discretion;
2. 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:‎
   1. 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,‎
   2. 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
   3. 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,‎
3. 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
4. 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).‎

With respect to Content from Registrants (“Registrant ‎Content”), you acknowledge and agree that:

1. we do not collect personal information from Registrants;
2. we may collect anonymized and/or aggregate data from use of our Website for the purposes of evaluating and improving our Services;
3. any personal information collected from Registrants is collected by the Host, Creator or Moderator and not eWebinar;
4. 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
5. 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

1. 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.
2. 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.
3. 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.

You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from:

1. access to or use, by you or permitted by you, of the Services or your Account; and
2. any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Language– These Terms are only available in English. No other languages will apply to these Terms.