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Terms of Service 使用协议

88Meeting - terms of Service

INTRODUCTION

Welcome to 88Meeting!

Your use of 88Meeting is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using 88Meeting.

If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at feedback@88meeting.com

Compliance with these Terms

These Terms apply to you if you are a user of 88Meeting anywhere in the world.

Please review these Terms and our policies and instructions to understand how you can and cannot use 88Meeting. You must comply with these Terms in you use of 88Meeting and only use 88Meeting as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use 88Meeting.

"88Meeting"

For the purposes of these Terms, any reference in these Terms to “88Meeting” refers to 88Meeting APP and all 88Meeting-related services or software provided by us or our affiliate companies;

We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).

88Meeting policies

The following are additional policies that you must comply with in using 88Meeting:

  • 88Meeting Privacy Policy – which sets out how we collect, store and use your personal information;
  • Sign up meeting – We aggregate meeting information. We are not meeting organizers. Meetings published on 88Meeting are on invitation-base only and space is often limited. If you plan to attend any of the meetings, please sign up by contacting the organizer, whose information is provided in the meeting details.
  • Verify meeting information – we cannot guarantee all information published is comprehensive, up to date, or accurate. We strongly recommend you to contact meeting organizers to verify the information, especially for meetings that are important to you.

CHANGES TO THESE TERMS AND 88Meeting

We may make changes to these Terms over time, so please come back and review them.

In addition, as 88Meeting and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from 88Meeting (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Terms or 88Meeting are reasonably material, we will (where reasonably practicable) notify you (via http://www.88meeting.com, direct communication to you or other means), prior to the change becoming effective. By continuing to use 88Meeting after we make any changes to these Terms or 88Meeting, with or without notice from us, you are agreeing to be bound by these revised Terms.

YOUR ACCOUNT

You may need to create an account with us in order to access and use 88Meeting.

Any account that you open with 88Meeting is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name and other identifiers you adopt within 88Meeting remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and 88Meeting, and (ii) all use of 88Meeting under your account. You must promptly notify us at feedback@88meeting.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on 88Meeting as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

ADVERTISING CONTENT ON 88Meeting

88Meeting may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in 88Meeting.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to 88Meeting will continue to belong to us , you are not authorized to use our intellectual property rights. In particular, you have no right to use our product names (“88Meeting”), domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding 88Meeting are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where you download and use any APP from us as part of or in relation to your use of 88Meeting, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable license to use the relevant 88Meeting services or software in accordance with these Terms (including any specific technical requirements that relate to the 88Meeting or its use on your particular device). Please note that these license terms may be supplemented by terms and conditions applicable to the specific 88Meeting.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from 88Meeting, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from 88Meeting, you will first contact us to request the information you need.

We may from time to time provide updates to 88Meeting. Such updates may occur automatically or manually. Please note that 88Meeting may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of 88Meeting, or that such updates will continue to support your device or system.

We may in our discretion provide technical support for 88Meeting (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

USE OF YOUR DEVICE BY 88Meeting

In order for us to provide 88Meeting to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access 88Meeting – for example, we may need to use your device’s processor and storage to complete the relevant 88Meeting installation, or we may need to access your contact list and calendar function to provide certain interactive functions within 88Meeting. You agree to give us such access to and use of your device.

We will provide further information regarding how 88Meeting uses and accesses your device within 88Meeting. You understand that if you do not provide us with such right of use or access, we may not be able to provide 88Meeting to you.

Any Personal Information (as defined in the 88Meeting Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our 88Meeting Privacy Policy.

You may need an adequate internet connection and a phone in order to authentic your 88Meeting account or use 88Meeting. You may also be required to activate certain functionalities within 88Meeting in the manner described within 88Meeting. You may not be able to use certain functionalities within 88Meeting if you do not comply with such requirements.

OPEN SOURCE Software

Further to the “Third Party Software” section above, 88Meeting may use Software that is subject to “open source” licenses (the ” Open Source Software“). Where we use such Open Source Software, please note that:

  • there may be provisions in the Open Source Software’s license that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and
  • we will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within 88Meeting.

WARRANTY AND DISCLAIMER

We warrant to you that we will provide 88Meeting using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, 88Meeting IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO 88Meeting OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY 88Meeting, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT 88Meeting WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT 88Meeting WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT 88Meeting WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

LIABILITY FOR 88Meeting

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR 88Meeting, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF 88Meeting TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:

  • IN CONNECTION WITH THESE TERMS OR 88Meeting, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR APP, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF 88Meeting; (VI) YOUR USE OF 88Meeting IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
  • FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
  • NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING 88Meeting ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF 88Meeting; OR (II) YOUR BREACH OF THESE TERMS.

TERMINATION

These Terms will apply to your use of 88Meeting until your access to 88Meeting is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of 88Meeting: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of 88Meeting creates risk for us or for other users of 88Meeting, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use 88Meeting for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.

Upon termination of your access to 88Meeting (in whole or in part), you will immediately permanently delete all copies of 88Meeting to which the termination relates and you will immediately cease accessing and using any such 88Meeting SERVICES OR SOFTWARE.

GENERAL

These Terms are the entire agreement between you and us in relation to 88Meeting. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words “include” and “including” are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

GOVERNING LAW AND DISPUTE RESOLUTION

  • these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region; and
  • any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

Last modified: 2016-07-26