1. USE OF THE SERVICE
(a) Registered Users: In order to gain access to some parts of the Service, you are required to register for an account that is accessed by a username and password (“Account”). In registering for your Account, you agree (i) that the information you provide to InMoment in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that InMoment reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use your Account to any third party without the prior written consent of InMoment and (iv) not to permit any third party to use your user name and password to access your Account or the Service. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Service related to the use of your user name and/or password.
(b) Grant of Rights: Upon registration and subject to the payment of any applicable fees, InMoment grants you the limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Service, under the condition that such activity is solely for your internal purposes, except as may expressly agreed to in writing by InMoment. For the avoidance of doubt, the foregoing right does not include the right for you to receive possession of any software comprising the Service, but only to access the Service in InMoment’s cloud environment.
(c ) Privacy Policy; Publicity: In the course of your use of the Site or the Service, you may be asked to provide certain information to us. InMoment’s use of any information you provide shall be governed by these Terms of Service and our Privacy Policy available at http://www.meetingpulse.net/privacy-policy. We urge you to read our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Service by this reference as though fully set forth herein. InMoment may use your name and logo to identify you as a user of the Service and customer of InMoment, including on InMoment’s public website. InMoment agrees that any such use shall be subject to InMoment complying with any written guidelines that you may deliver to InMoment regarding the use of your name and shall not be deemed your endorsement of the Service.
(d) Use of the Site and Service by Persons Under 13 Years of Age: InMoment is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information on the Site or Service from persons under 13 years of age, except in compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Accordingly, children under the age of 13 may only use the Site or the Service with the permission and supervision of their parents. Additionally, teachers and schools seeking to use the Site or Service in the classroom with children under 13 years of age, are required to obtain the express consent of such children’s parents in compliance with COPPA, prior to permitting such children to access or use the Site or Service.
(e) Submission of User Content: In connection with your use of the Service, you agree not to submit any content which:
- is unlawful;
- violates any right of publicity or invades the privacy of others;
- constitutes obscene, pornographic, indecent, profane or otherwise objectionable material;
- is discriminatory, hateful or bigoted toward, or abusive of, any group or individual;
- is libelous or defamatory;
- violates any applicable law or government regulation.
You represent and warrant that you own or have the necessary rights in and to any and all content that you upload or post to the Site or Service. You hereby grant to InMoment a non-exclusive, royalty-free license to use, store, reproduce and display any content you post on the Site or Service, solely as reasonably necessary to operate the Site or the Service, and subject to the terms of this Agreement, including our Privacy Policy. InMoment has the right to use the posted content for research and analysis, as well as for the purpose of marketing and advertising its services; provided, however, that for any such purpose the content will be anonymized and stripped of any all references to any specific projects, companies, names of individuals and terms.
(f) Proprietary Rights. The Site and Service, including all of the contents, such as text, images, audio, and the HTML used to generate the pages (collectively, “Content”), are the property of InMoment or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Notwithstanding the foregoing, you retain ownership of any information or content that you upload to the Site and/or the Service, and may use in perpetuity any reports or other materials provided to you as part of the Service. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of InMoment. Except as otherwise provided herein, use of the Site or Service does not grant you a license to any Content, features or materials you may access on the Site or through the Service. As between you and InMoment, (or other company whose marks appear on the Site), InMoment (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. In particular, the InMoment and MeetingPulse logos and service names are trademarks of InMoment (the “MeetingPulse Marks”). Without InMoment’s prior permission, you agree not to display or use the MeetingPulse Marks in any manner. Nothing on the Site or in the Service should be construed to grant any license or right to use any MeetingPulse Mark without the prior written consent of InMoment. MeetingPulse Marks may be registered in the United States and internationally.
(g) Prohibited Conduct: InMoment specifically prohibits any use of the Site or Service, for:
posting any:
information which is incomplete, false, inaccurate or not your own;
trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it;
material that infringes on any other intellectual property, privacy or publicity right of another.
impersonating another person;
engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol;
transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws.
In addition, you are prohibited from violating or attempting to violate the security of the Site, Service or InMoment’s system or network security, including, without limitation, the following:
accessing data not intended for users of the Site or Services, or gaining unauthorized access to an account, server or any other computer system;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
attempting to interfere with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
You may not deploy to the Site or Service any robot, spider, site search/retrieval application, or other application designed to retrieve, index or “data mine,” information from the Site or Service. You agree at all times to use the Site and the Service in compliance with applicable law and these Terms and Conditions.
(h) Prohibited Use: Subscriber represents and warrants that neither Subscriber and nor any Authorized User shall use the Services (including without limitation by asking for such information in a poll created using the Services) to collect from Meeting Participants any of the following information:
social security number;
driver’s license number, State identification card number or passport number;
financial account number;
credit, debit or other payment card number;
security code or password;
medical information;
health insurance information.
If Subscriber collects such information, Subscriber does so at its own risk, and in no event shall InMoment be liable for any loss, damages, claims or otherwise arising out of related to Subscriber’s collection of such information, whether arising in tort (including negligence), contract or any other legal theory, including without limitation, any such information in the care, custody or control of InMoment.
(i) Indemnification: You hereby irrevocably agree to indemnify, defend and hold InMoment, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Service.
(j) Termination: You may terminate your Account at any time. InMoment, in its sole discretion, has the right to suspend or terminate your Account and your access to the Service, for any reason at any time. Any termination of your Account will result in the deletion of your Account and the content in it, and the termination of your access to Service. InMoment reserves the right to refuse service to anyone for any reason at any time.
