Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE OR CREATING YOUR ACCOUNT OR OTHERWISE USING THE SERVICES. PLEASE MAINTAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Welcome to OmniJoin. This service is licensed and provided to You by Brother International Corporation, a Delaware corporation ("Brother").
OmniJoin (the "Service") consists of software licensed to You by Brother and its suppliers (the "Software"), and services (the "Conference Services").
"Conference Services" shall mean the web-conferencing functions and features related to the Software.
These Terms of Service ("TOS") set out the terms governing Your use of the Service.
This TOS describes how You may use the Service, what Brother’s responsibilities are
related to the Service and Your responsibilities for what You can do with the Service and related features.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN ORDER TO INSTALL AND USE THE SOFTWARE AND/OR SERVICE YOU MUST ENTER INTO THIS AGREEMENT BY CLICKING ON THE ACCEPT BUTTON. YOU AGREE THAT THIS AGREEMENT COVERS ALL OF YOUR USE OF THE SERVICE. FURTHERMORE, BY INSTALLING AND CONTINUING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY NEW VERSIONS HEREOF. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE CANCEL BUTTON AND THE ORDER, DOWNLOAD AND/OR INSTALLATION PROCESS WILL NOT CONTINUE.
By "You" (or “Your”), we mean the individual or entity (such as a company or organization) that has purchased the Service containing the Software or that has downloaded the Software. An individual who accepts this TOS on behalf of an entity represents to Brother that he or she has the legal right to enter into a binding legal agreement for that entity.
By downloading the Software and/or using the Service, You agree, without limitation or qualification, to be bound by, and to comply with, this TOS and any other posted guidelines or rules applicable to any individual software, web site, product or service. All such guidelines and rules are hereby incorporated by reference into this TOS.
2. LICENSE AND FEES
Subject to the terms of this TOS, Brother hereby grants You a limited, personal, non-sublicensable, non-transferable, revocable and nonexclusive license or right to (i) download, install and use the Software, and (ii) to use and access the Conference Services. The Software and Conference Services must be used in accordance with any instructions provided to You by Brother. The Software also includes any documentation (whether included in the download or accessible online), and any Updates provided by Brother as described herein. You may not use the Software for any other purpose except as set forth in the instructions and documentation and as intended by Brother in connection with the Conference Services.
Brother allows authorized users to use the Conference Service in various ways. You may (1) download the Software and access the Conference Services via a public cloud (“Public Cloud”), or (2) download the Software on Your server and use the Conference Services on Your network (“Private Cloud”). If You use the Conference Services in a Private Cloud You are solely responsible for all costs and management in setting up and operating the Conference Services using Your own equipment on Your own network (“Your Equipment”).
You agree to be responsible for all fees and charges incurred through Your usage of Conference Services. In particular You agree to be responsible for all fees, charges, taxes, etc. imposed by Your telephone carriers, wireless providers, and other voice and/or data transmission providers, whether through Brother or a third party, for voice and/or data transmission, data storage, conference recording or as otherwise used by You to access the Conference Services. If You access the Conference Services via a Private Cloud, You are solely responsible for the costs associated with operating and maintaining the Conference Services on Your Equipment, including, without limitation, the access point server (“APS”), virtual conference server (“VCS”) and storage and caching server/web proxy cache server (“WPC”) and any third party phone conferencing service You add to extend the OmniJoin audio conferencing feature. Users of a Private Cloud shall be able to access the Conference Services via an APS, VCS and WPC installed on a User’s Network.
The Software includes software to which a third party has rights described under the Appendix attached to this TOS and You acknowledge such terms. To the extent that terms under this TOS conflict with the terms set forth under the Appendix, the Appendix terms shall prevail.
3. LICENSE RESTRICTIONS
The Software and Conference Services are licensed, not sold to You, and are licensed only for Your use. As between Brother and You, Brother is the owner or rightful licensee of the Software and all components therein, and You have no rights in or to the Software other than the limited license granted to You in this TOS. You may not sell, assign, rent, lease, distribute, export, act as an intermediary or provider, or otherwise grant rights to third parties with regard to all or any part of the Software or Conference Services. You may not analyze, modify, alter, reverse-engineer, decompile, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code, underlying algorithms, structure or sequence, or otherwise hack, the Software, and have no rights to modify, adapt, translate, or create derivate works of the Software or Conference Services or merge the Software into any other software.
4. SUPPORT AND UPDATES
Brother will make available to You any Updates or Upgrades of the Services as soon as such Updates and Upgrades are made available to Brother’s other similarly situated customers and at no extra charge. “Updates” mean corrections or improvements relating to the existing features and functionality of the Services (such as bug fixes) and any technically feasible changes necessary to enable the Services to operate in conjunction with new versions or releases of the operating system software used by You; “Upgrades” mean releases of the Services that incorporate new features or functionality. If You are a Private Cloud customer You shall have the option of refusing any Update or Upgrade. The features and functions that are described in the initial Documentation may not subsequently be materially reduced by Brother without written notification. In the event that Brother makes material changes that adversely affect the features or functions of the Service or substantially changes these TOS (which changes shall be applicable to all similarly situated customers of Brother), You may elect to terminate the Service and receive a refund. The refund shall be pro-rated based on the number of months that You use the Service and pre-paid amounts for the remaining months shall be refunded upon Your notice of intent to cancel within a reasonable period of time thereafter.
5. CONDITIONS AND RESTRICTIONS ON USE
Use of the Service is subject to compliance with this TOS. You acknowledge and agree that Brother may terminate Your access to the Service and use of the Software should You fail to comply with the terms of the TOS or any other guidelines and rules published by Brother and, each case, cure such breach within 10 days’ of receiving notice of such noncompliance from Brother. Notwithstanding the foregoing, in the event that You use the Services for unlawful purposes, Brother reserves the right to terminate the Services immediately without notice.
6. REGISTRATION AND PRIVACY
7. USER CONDUCT AND CONTENT
In certain areas of the Service, upon registering, You will receive a user name and password. You are responsible for maintaining the confidentiality of the password and ID, and are solely and fully responsible for all activities that occur under Your password or ID. You agree to immediately notify Brother of any unauthorized use of Your password or account or any other breach of security. Brother cannot and will not be liable for any loss or damage arising from Your failure to comply with this requirement. You acknowledge and agree that all information, documents, presentations, data, text, photographs, pictures, graphics, images, videos, files, or other materials ("Content"), whether publicly posted or privately transmitted, that You upload, post, transmit, or otherwise disseminate using, or in connection with, the Service ("Your Content") is Your sole responsibility and You will be solely responsible for any damage to any party resulting therefrom. This means that You, and not Brother, are entirely responsible for Your Content. Under no circumstances will Brother be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Service.
FOR PUBLIC CLOUD CUSTOMERS ONLY:
Regardless of how You use or access the Conference Services, You agree that:
You will not: (a) use the Services to distribute any infringing, or otherwise unlawful content; (b) distribute viruses or malicious code; (c) engage in any activity on the Service that violates applicable law; (d) engage in any activity that interferes with or disrupts the Services (e.g. an activity that causes Brother to be blacklisted by any internet service provider); (e) upload, post, display or otherwise transmit any Content that promotes advocates, assists, incites, instructs, or otherwise encourages violence or any illegal activity, including without limitation the provision of instructions for illegal activity; (f) Collect or store personally identifying information about other Service users for commercial or unlawful purposes; (g) upload, post, display or otherwise transmit any Content that You do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (h) upload, post, display or otherwise transmit any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
You expressly acknowledge and agree that the Content may be preserved by Brother if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Brother, its users and the public. Brother may disclose the Content if required to do so by law.
8. LICENSE AND ACCESS TO USER CONTENT AND INFORMATION
You acknowledge and agree that Your use of the Service allows Brother to obtain and record information about Your contacts and use of the Service, among other information, and that Brother can utilize and maintain such information (i) for its own use to the extent necessary to provide the Services, and (ii) for disclosure to third parties pursuant to any court order or subpoena as necessary to comply with applicable law or governmental requests at any time; provided, however, that Brother will only disclose that information that it deems to be specifically required to fulfill such legal obligations.
9. DISCLAIMER REGARDING THIRD PARTY CONTENT
You may have access to Content posted, uploaded, displayed or otherwise transmitted by third parties ("Third Party Content") during Your use of the Service. Third Party Content accessible through the Service from such sources is developed by people over whom Brother exercises no control. Brother cannot and does not screen the Third Party Content before it is uploaded by a user and made accessible to other users of the Service. Accordingly, Brother assumes no responsibility for the Third Party Content accessible through the Service.
10. DISCLAIMER OF WARRANTIES
BROTHER WARRANTS THAT THE SERVICE WILL PERFORM SUBSTANTIALLY IN CONFORMANCE WITH ITS DOCUMENTATION. IN THE EVENT THE SERVICE FAILS TO PERFORM, YOU MAY REQUEST A PRO RATA REFUND FOR THE TIME PERIOD THE SERVICE EXPERIENCED AN OUTAGE (SUBJECT TO VERIFICATION BY BROTHER). BROTHER’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTIES SHALL BE THE ABOVEMENTIONED PRO RATA REFUND. ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, BY ACCESSING OR USING THE CONFERENCE SERVICES VIA A PRIVATE CLOUD, YOU UNDERSTAND AND AGREE THAT YOU, AND NOT BROTHER, SHALL BE SOLELY RESPONSIBLE FOR YOUR EQUIPMENT AND CONNECTION DEVICES USED TO ACCESS THE CONFERENCE SERVICES AND THAT BROTHER EXPRESSLY DISCLAIMS AND SHALL BE RELEASED FROM ALL RESPONSIBILITY IN CONNECTION WITH SUCH USE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN AND SUBJECT TO THE SERVICE LEVEL AGREEMENT AND SECTION 10, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BROTHER OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THE USE OR MISUSE OF AND RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BROTHER BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. FURTHER, BY ACCESSING OR USING THE CONFERENCE SERVICES VIA A PRIVATE CLOUD, YOU UNDERSTAND AND AGREE THAT BROTHER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER THAT MAY RESULT FROM OR RELATE TO SUCH ACCESS AND USE VIA SUCH MEANS.
In some jurisdictions, limitations of liability are not permitted or are limited. In such jurisdictions, the foregoing limitation may not apply to You. In the event that You are not satisfied with the performance of the Software or Service, Your sole and exclusive remedy is to stop using the Software and Service.
12. NO LICENSE; INTELLECTUAL PROPERTY OF BROTHER AND OTHERS
Except as expressly provided, nothing within the Service shall be construed as conferring to You or any other user any license to any Brother intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that the Software available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Brother and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Brother in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, employed by or endorsed by Brother, its affiliates, or any of its service providers. You agree not to use any of the trademarks or service marks or other content accessible through the Service for any purpose other than the purpose for which such content is made available to users by Brother. You agree not to defame or disparage Brother, the trademarks or service marks of Brother, or any aspect of the Service.
13. COPYRIGHT AND TRADEMARK NOTICES
Brother, the Brother logo, OmniJoin and the OmniJoin logo, are all registered or unregistered trademarks of Brother or its affiliates. All other marks that appear throughout the Service belong to Brother, users of the Service, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Service without the express written consent of Brother or the owner of the mark, as appropriate, is strictly prohibited.
Accessing or using the Service includes a remote access and file transfer function. By using this function, You or any meeting attendee may remotely access and transfer files from Your own computer, or other device as may be permitted by Brother ("Device"), to another attendee’s Device, as well as access and transfer a file from another attendee’s Device to Your own Device. If You do not wish to allow Your attendee’s to remotely access Your Device and any data on Your Device, and vice versa, You must click the "Deny" button in order to not activate these remote access functions. OmniJoin Private Cloud customer system administrators may also disable such features for their organization.
Brother is not responsible for use of these remote access functions by You or Your meeting attendees. Brother is not responsible for use of any data accessed through these remote access functions by You or Your meeting attendees. You are solely responsible for any use of the remote access functions and any resulting use of data accessed.
You must only access and/or use data from another meeting attendee’s computer to the extent such meeting attendee has given You his/her consent. You shall only use data accessed from another meeting attendee’s computer in compliance with applicable law.
FOR PUBLIC CLOUD CUSTOMERS ONLY:
By using the Service, You understand, acknowledge and agree that Your Content may be transferred, stored and processed in the United States or any other country in which Brother or its affiliates or service providers maintain facilities and You consent to such transfer, storage and processing outside of Your country of citizenship or residence. All Content submitted by You to Brother in connection with the Services or that is produced as a result of the performance of the Services is and shall remain Your property. You have the option of disabling the Content storage feature of the Service.
15. INDEMNITY AND RELEASE
By using the Service in any manner, You agree to indemnify Brother, its parent, subsidiaries, and affiliates, and each of their directors, officers, agents and employees ("Brother Indemnified Parties") and hold them harmless from any and all claims, damages, liabilities, and costs and expenses, including attorney's fees, arising from Your use of the Service, Your Content, or from any person's use of any account or password You maintain with the Service, regardless of whether such use is authorized by You.
16. GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New Jersey. The state and federal courts of New Jersey shall be the exclusive forum and venue to resolve disputes arising out of or relating to this TOS or any user's use of the Service. By using the Service and thereby agreeing to this TOS, users consent to personal jurisdiction and venue in the state and federal courts in New Jersey with respect to all such disputes.
17. CHANGES IN AGREEMENT AND CHANGES IN PRODUCTS
Brother reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Brother reserves the right to modify this TOS from time to time, without notice. Please review this TOS from time to time so You will be apprised of any changes.
18. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Brother and You with respect to the subject matter hereof.
19. NON-WAIVER AND SEPARABILITY
Brother’s failure to exercise any right or provision of this TOS shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this TOS to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this TOS remain in full force and effect.
20. RELATIONSHIP OF PARTIES
You acknowledge and agree that nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between You and Brother. Neither party has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
21. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate Your rights or obligations under this TOS without prior express written authorization of Brother.
22. TERMINATION; SURVIVAL
This TOS shall continue in effect for as long as You use the Service, unless specifically terminated earlier by Brother. All provisions of this TOS which impose obligations continuing in their nature shall survive termination of this TOS.
Upon termination of this TOS, You must immediately cease using the Service. Your rights to use and access the Service shall immediately cease upon termination of this TOS. If You are on a month-to-month contract term for the Service, You must notify Brother of Your intent to no longer use the Service and to terminate this TOS. No refund shall be due to you for the month in which you notify Brother of same, but You will not be billed for the Service thereafter. If You are on any other contract term besides month-to-month, You must provide Brother with at least thirty (30) days’ notice prior to the start of the next contract term of Your intent to no longer use the Service and to terminate this TOS. No refund shall be due to You for amounts paid for the current contract term.
23. COMMUNICATIONS WITH USERS
Brother reserves the right to communicate with You regarding Your use of the Service through electronic or other means.
24. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through the Service, including, but not limited to the Software, is subject to applicable laws and regulations of the United States pertaining to export controls. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
25. VIOLATIONS OF AGREEMENT
Should You violate this TOS or any other rights of Brother, Brother reserves the right to pursue any and all legal and equitable remedies against You, including, without limitation, terminating any and all of Your accounts on the Service. Except as provided in specific Sections, if any claim, counterclaim, or cross-claim, arising in connection with this Agreement, is made by either party against the other in litigation, arbitration, or any other proceeding, including appeals in each, the prevailing party will be entitled to recover from the other all reasonable costs, reasonable fees (including reasonable attorney's fees), and other reasonable expenses incurred by the prevailing party.
26. DMCA COPYRIGHT NOTIFICATION. . In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), if You believe that any Content accessible through the Service constitutes copyright infringement, please send a notice with the following information to our DMCA Agent identified below:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been infringed;
(c) Your address, telephone number, and e-mail address;
(d) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(e) a written statement by You, made under penalty of perjury, that the above-described information in such notice is accurate and that You are either the copyright owner or authorized to act on the copyright owner's behalf.
Upon receipt of a proper notice, Brother will, in its sole discretion, investigate these matters and take appropriate action.
Copyright Agent: Chief Legal Officer, Brother International Corporation
Address: 200 Crossing Boulevard, Bridgewater, New Jersey 08822
27. GOVERNMENT USERS OF THE SERVICE. . The Software is "commercial computer software" as defined in DFARS 252.227-7014 and FAR 2.101. The Software and related commercial computer software documentation, if any, are provided strictly in accordance with these commercial TOS in accordance with DFARS 227.7202-3, FAR 12.212 and FAR 27.405-3. The Government shall obtain no rights in and to the Software, and related commercial computer software documentation, if any, except as expressly set forth in these TOS.
Federal Acquisitions: Commercial Computer Software – Rights of Federal Government
regarding use, reproduction and disclosure are set forth in commercial Terms of
Service in accordance with DFARS 227.7202-3, FAR 12.212 & 27.405-3. © 2012 Brother
Industries, Ltd., © 2001-2011 Xiph.Org, Skype Limited, Octasic, Jean-Marc Valin,
Timothy B. Terriberry, CSIRO, Gregory Maxwell, Mark Borgerding, Erik de Castro Lopo.
Unpublished – Rights Reserved Under the Copyright Laws of the United States and
other countries. PDF technology in OmniJoin is powered by PDFNet SDK copyright ©
PDFTron™ Systems Inc., 2001-2012, and distributed by or on behalf of Brother Industries,
Ltd. under license. All rights reserved.
OmniJoin™ includes third party software from pacparser and opus software which is used in accordance with the terms found