General Terms of Service
By subscribing to ClickMeeting Service or ClickWebinar ("Service"), you agree to use it in compliance with these General Terms of Service ("Terms of Service").
By purchasing, subscribing to, accessing or otherwise using the Service (including but not limited to ordering the Service by the individual service order form which is subsequently executed by GetResponse, outside the IT infrastructure of the Service), you conclude an agreement (the "Agreement") with GetResponse on terms and conditions stated in this document. If you do not agree with these Terms of Service, please do not use the Service. We reserve the right to refuse to provide the Service to a potential User in our sole discretion.
Whenever used in these Terms of Service, the following defined terms shall apply:
"GetResponse", "we" means the service provider - GetResponse Sp. z o.o., having its registered office in Gdansk, Arkonska 6, A3, 80-387, Poland, entered in the National Court Register kept by the District Court Gdansk - North in Gdansk under the number (KRS) 0000187388, Tax ID No.: 9581468984
"User", "you" means any entity that subscribed to the Service available on the Service website
"Conference" means any online meeting organized using our Service
"Participant" means any natural person that participates in the Conference
"Stream" means uploading, posting, emailing, storing, streaming, linking to, transmitting or otherwise making available the Content to Participants through the Service
"Content" means any information, data, video, media, recordings, materials and such that are posted, uploaded, downloaded into the User's account and/or streamed during the conference
"Service" means an online ClickMeeting or ClickWebinar Service provided by GetResponse in the SaaS model (Software-as-a-Service) that enables you to create, participate in and manage conferences. The Service allows you to Stream your own audio and video conferences via the Internet using various features.
The free version of the Service, as opposed to the paid version, may be limited in terms of access to certain features. The User may open only one free account within the Service.
I. Registration and Use of the Service
- In order to use the Service an individual account in the Service ("Account") must be created. The Account may be accessed only with the use of the user name and password ("login details"). You are responsible for maintaining the confidentiality of the login details and the Account. We also enable Users to create free trial Account via Facebook. We also reserve the right to reject your subscription for any or no reason, in particular if the Agreement has been previously terminated due to User's breach of these Terms of Service.
On registration to the Service, you choose an Account type (ClickMeeting or ClickWebinar) and a subscription plan; you also agree to:
- provide, maintain and promptly update your personal and business details so that they are as current, complete and accurate as possible,
- comply with all laws applicable to you, including local laws, laws related to the use of electronic means of communication, protection of personal data, recording of communications,
- receive commercial information about GetResponse's products and services,
- receive invoices by electronic means of communication - in the Billing History Section in the Account.
- You may use the Service only for conferences in which you take part as an active Participant.
II. Prohibited Practices
You are not allowed to use the Service in a manner that, intentionally or unintentionally, violates any applicable law, these Terms of Service, any copyrights or any other rights of a third party or restricts or inhibits any other person from using or enjoying the Service or could expose GetResponse to harm or liability. This rule applies also to the Content streamed through the Service. To see what practices we regard as particularly abusive or unlawful, please click here.
- You are not allowed to run more than one conference at a time within one Account.
III. Conference Content
- You are solely responsible for the Conference streaming, the activities of the Participant during Conferences, all Content and for all activity with respect to your Account.
- We do not verify, endorse, or claim ownership of any Content, and you retain all rights, titles, and interest in and to your Content.
- Unless otherwise set forth in these Terms of Service, we do not store any Content, except as necessary for due provision of the Service.
- Certain features of the Service enable you to specify the level at which the Service restricts access to the Conference(s) and Content. The User is solely responsible for applying the appropriate level of access.
- GetResponse declares not to monitor your and your Participant's activity occurring in connection with the Service. Shall GetResponse become aware, however, of any possible violations of this Agreement, Terms of Service or provisions of applicable law, GetResponse reserves the right to investigate such violations, and may, at its sole discretion, immediately and without notice suspend access to the Account, terminate the Agreement or change, alter or remove Content, in whole or in part. In this case GetResponse shall not be liable for damages incurred by the User or Participants.
- GetResponse is entitled, except to the extent prohibited by applicable law, to disclose any information, including information about the User, in GetResponse's possession in connection with their use of the Service, to law enforcement or other government officials, as GetResponse in its sole discretion believes to be necessary or appropriate.
- The Service is provided on a prepaid basis. All fees for the Service shall be paid according to the subscription plan you have chosen and these Terms of Service.
- If you have chosen credit card payment as your payment method, you agree to pay the subscription fee as a recurring payment, per the agreed payment plan. The amount of the recurring payment is based on the current pricing, which is presented on the Service website.
- We reserve the right to change the fees for the Service at any time. However, when we introduce new pricing, the new prices will apply to new Users and upgrades. Existing Users are not automatically switched to new pricing.
- All amounts paid under the Agreement are non-refundable. Any excess payment which is the difference between the down payment and the amount due to GetResponse, is credited towards future payments for the Service.
- The Service fees do not include any additional third party costs including phone call or data transmission costs charged by phone operators and/or data transmission providers.
- You acknowledge that Conference phone numbers provided by GetResponse within the Service are not toll-free numbers. GetResponse does not charge any additional fees; however, any Conference Participant will be charged for the connection by their phone operator according to their subscription plan.
- Where appropriate, tax on goods and services (VAT) shall be added to the payment amount in accordance with currently effective rates.
- The invoice will be placed in the billing section of the Account Panel promptly after we have received the payment. For settlement purposes it is assumed that a month has 30 days and a year has 360 days.
V. Technical Requirements
- Upon uploading a file to the Account, its format may be adjusted to the requirements of the Service. Such an adjustment might influence the video quality or other file features.
- GetResponse assures that the Service will work properly with the latest official version of Internet Explorer, Mozilla Firefox, Safari, Chrome web browsers with plugins that allow Flash technology. We assure and guarantee that media streamed from a previously uploaded media file will work properly if you successfully uploaded the file in a recognizable format.
- You expressly consent that the quality of motion pictures or streamed media files might differ from the quality of the original files.
- We guarantee, and you recognize, that the Service will work properly if you have a camera and/or a microphone and headset or loudspeaker that is recognized by your computer and your browser Flash plug-in and is not used by another application.
VI. Service Availability
- The Service may not be available in all countries and it may be unavailable for use in any particular location.
- GetResponse may, at its sole discretion and without liability, change, modify, vary or replace the features and functionalities of the Service or any provided equipment, or software used to deliver the Service provided that this does not have a material adverse effect on the Service.
- GetResponse may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you. However, in the event of scheduled maintenance that would last for more than one day, GetResponse will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
VII. Customer Service
- GetResponse provides the Users with Customer Support. Upon request GetResponse may also provide technical support to Participants.
- You may address all questions, doubts and report any complaints to the Customer Support Department via our web form. You should provide us with at least the account name and/or your name.
- We ensure that the Customer Support Department responds as soon as possible and informs the User on how the issue will be or has been resolved. Normally the response is provided within two business days after receiving a request.
- We do not take any action in relation to "anonymous" requests or if the complaint refers to the fact that the Service does not recognize the camera, microphone, headset, loudspeaker and/or telephone.
VIII. Data protection.
IX. Intellectual property
- The Service, software, hardware and all content included on our website, such as text, graphics, logos, button icons, images, audio clips and video tutorials, product and brand names, are the property of GetResponse or its content suppliers and protected by Polish, U.S. and European copyright laws.
- ClickWebinar, ClickMeeting , ClickWebinar.com, ClickMeeting.com (and other derivative domains) are trademarks and domains of GetResponse in the Republic of Poland, the United States, the European Union and other countries. Those trademarks may not be used in conjunction with other companies' products or services in any manner that may cause confusion among Users and potential Users, or in any manner that discredits GetResponse, its products and services.
- Except as expressly allowed within Service features, it is prohibited to delete, cover, change or make impossible to read any trademark, copyright or other proprietary notices associated within the Service software, application, the results of using that software or in any content presented on the Service website. In particular, it is prohibited to remove or change the ClickMeeting or ClickWebinar logo from video files and images created using the Service.
- Certain Service features may require to download and install GetResponse's application. In that event GetResponse agrees to provide you with a limited, personal, non-exclusive, royalty-free, non-transferable and non-sublicensable license to use such application in accordance with these Terms of Service. You may not use such application after the Agreement is terminated and for any other purpose and in any other manner than as intended by GetResponse in connection with your use of the Service.
X. Disclaimer of Warranties, Limitation of Liabilities
- THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN PARTICULAR GETRESPONSE DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. GETRESPONSE ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER THE CONTENT.
- GetResponse exercises no control over and specifically denies any responsibility for the Content, accuracy or quality of the Content and other information and/or data passing through its network or the Service provided, as well as for any messages received or transactions entered into through the Service. GetResponse assumes no responsibility for the deletion, destruction of or failure to store or deliver the Content or for the security, privacy, storage or transmission of other communications originating from or involving the use of the Service.
- To the greatest extent permitted by law neither GetResponse nor its agents, employees, directors, officers or suppliers shall be liable for any direct, indirect, special, incidental, or consequential loss or damage (even if GetResponse has been advised of the possibility of such a loss) including, but not limited to, lost of business revenue, loss of profits, loss of data, damage to reputation, failure to realize expected profits or other commercial or economic loss or for any claim against the User by any third party resulting from or arising in any connection with use, misuse or inability to use the Service or from unauthorized access to or alteration of transmission or Content.
- GetResponse's entire liability towards the User, shall in no event exceed in the aggregate the amount paid by the User for the Service that is the subject of the claim in one month immediately preceding the date the User notifies GetResponse of such a claim, in respect of all claims under or related to the Services provided by GetResponse to the User.
- The limitations, exclusions and disclaimers in this Agreement shall apply irrespective of the nature of the cause of action, demand or claim by the User or a third party, including, without limitation, breach of contract, negligence, tort, strict liability or any other legal theory and shall survive a fundamental breach of this Agreement.
GetResponse is not responsible for:
- any delay or failure in performance due to Force Majeure (the Force Majeure shall be deemed as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of GetResponse);
- actions and omissions of third parties (including the User and Participants), especially using the Account by the third parties taking the advantage of login details obtained from the User or in other circumstances beyond GetResponse' reasonable control;
- failure of external conditions and networks which are necessary to use the Service and are beyond GetResponse' reasonable control;
- wrong or false data provided by the User during the registration process.
- The User agrees unconditionally to indemnify and hold harmless GetResponse and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, damages and costs (including reasonable attorney fees) arising from or related to (i) the use or misuse of the Service or any of its part, (ii) violation of these Terms of Service or applicable laws by the User, Participant or a person accessing their Account, (iii) User's or Participants' Content and activity.
XI. Term and Termination, Subscription freezing
- The term of this Agreement commences on the date of subscription to the Service by the User. Unless earlier terminated in accordance with the provisions of these Terms of Service, the Agreement shall continue for the term resulting from the subscription plan chosen by the User and automatically renew for consecutive terms.
- You may terminate the Service at any time by cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account please follow the instructions provided on this webpage. If you encounter any problems when cancelling the Account, contact our Customer Support Team.
You may suspend (freeze) your Account subscription for a maximum period of 90 (ninety) days (but not longer than to the expiry date of your credit card) starting from the first day of the next subscription period for which the fees has yet not been charged (f.i. if you have your subscription paid for another 15 days, the status frozen will appear on day 16). During the suspension period:
- GetResponse will not charge any fees for providing the Service;
- all Conference data, the Content, email messages, statistics, Users and Participants' data will be retained within the Service;
- your unique meeting URL will be retained.
- You can resume your Account by clicking unfreeze link in your Account Panel. The Account shall resume automatically 90 days after suspension unless it is previously unfrozen by the User. The fees will be charged upon the resumption of the Account according to previously chosen subscription plan. In case the Account is not resumed by the User during the above term or it is impossible to charge the applicable fees, all of your data (including Content, email messages and statistics, recordings and other Conference data) will be permanently deleted. This operation is irreversible.
- In case the Account is cancelled (pursuant to clause 2 above) or the Service (Agreement) is terminated (irrespective of the basis and reasons of the termination), the User is entitled to resume the Account (together with all Conference data, the Content, email messages, statistics, Users and Participants' data) during 60 days (in case of free of charge Account) or during 90 days (in case of payable Account) upon the Account is cancelled or the Service (Agreement) is terminated. In order to resume the Account, the User shall pay applicable fees for subsequent settlement period during the above terms. GetResponse reserves its right to refuse the Account resumption without any reasons (especially if GetResponse has previously terminated the Agreement or suspended the Service). In case the Account is not resumed during the above terms (60 or 90 days), the Account and all data stored within the Account (including Content, email messages and statistics, recordings and other Conference data) will be permanently deleted.
We reserve the right to terminate the Agreement or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that we are ordered to do so by any court or other public authority or if you violate material obligations resulting from these Terms of Service or applicable legal provisions. To see what activities we particularly regard as violating our Terms of Service, please click here.
- Unless otherwise provided in the binding provisions of law, you are not entitled to any partial or whole reimbursement or cancellation of any fees or payments already paid or which are due according to Section IV of these Terms of Service. You are also required to pay all fees that accrue until the termination date.
XII Final Provisions
- If any provision of these Terms of Service is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
- GetResponse reserves the right to change these Terms of Service at any time by posting the revised document on the Service website and/or by sending an email to the last email address you have given to GetResponse. These Terms of Service shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days. The most current version of the Terms of Service is available at any time at the Service website.
- These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish court (with the venue of GetResponse' registered office) shall be the governing jurisdiction.
- This Product is licensed under the AVC Patent Portfolio License for personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC Standard ("AVC Video") and/or (ii) decode AVC Video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC Video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. See http://www.mpegla.com