Thank you for using our services. They are provided by BAIDU Communications Limited (“BAIDU Conferencing”), located in Glasgow, United Kingdom. Our contact information is at the end of this document and on our web site.
By using our Services, you are agreeing to these Terms of Service.
USING OUR SERVICES
This Terms of Service Agreement (“Agreement”) governs the use of the software, website, service, and technology, and related documentation, of BAIDU Communications Limited and its affiliates (collectively, “Service”). “You” or “Account Holder”5 refers to any person or entity which accesses or uses our Service.
- Agreement. This page provides the terms and conditions under which you may use the Service. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. We may modify this Agreement at any time, and such modification shall be effective 30 days after either posting of the modified Terms or notice to you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Service after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. We agree to notify our registered users of modifications we regard as material by electronic mail sent to the email address you provide us during signup. Your entry into this Agreement constitutes agreement to that manner of notification.
- Your E-Mail Address. You also agree to maintain an electronic mail address and some form of Internet access throughout the term of this Agreement and to notify us of any change to that electronic mail address so that we know how to reach you.
- License. THE CONTENTS OF OUR WEBSITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER MATERIAL, ARE PROTECTED UNDER UNITED KINGDOM AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. These contents belong to or are licensed to BAIDU Conferencing. We hereby grant you the right to view and use our website subject to this Agreement. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address provided at the end of this Agreement. BAIDU Conferencing provides you with a limited license to use our software in accordance with this Agreement. You may not sublicense or charge others to use our software without our written consent. We occasionally may provide automatic or voluntary upgrades to improve your usage experience. Any such upgrades are provided pursuant to these same conditions.
- Content. You are solely responsible for, and retain ownership of, the content sent by You via BAIDU Conferencing’s Services. You agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.
- Fees. Our fees are communicated with You electronically or are set forth in the billing section of “My Account” when you sign in at the web site of BAIDU Conferencing or its affiliates. BAIDU Conferencing will use best efforts to ensure that you are aware of the fees prior to the delivery of services. If you are not agreement with, or do not understand, the fees communicated to you, you should not accept delivery of BAIDU Conferencing’s services. In addition, you are responsible for all applicable taxes and purchases made by you or anyone using your account, just as you would for any phone calls on your regular telephone bill.
- Usage Rules. As a condition of your use of the Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. Fraudulently procuring or misusing telephone service can be a crime. BAIDU CONFERENCING WILL PROSECUTE TO THE FULLEST EXTENT OF THE LAW ANY FRAUD OR ATTEMPTED FRAUD AGAINST US OR OUR CUSTOMERS.
- You are responsible for your use of the Service and for any use of the Service on your account.
- If you have registered and opened an account with us, you may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your name and password for any purpose, other than an agent acting on your behalf under your direct supervision.
- You represent that the information you provide to BAIDU Conferencing during setup and during any other communication with BAIDU Conferencing is accurate and complete.
- You may not interfere with other users use of the Service, including, without limitation, taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- You may not post or transmit any file which contains, or otherwise introduce onto the Service, any viruses, worms, Trojan horses or any other contaminating or destructive features.
- Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Service other than the search engines and search agents available from BAIDU Conferencing and other than generally available third-party web browsers is prohibited.
- You may not attempt to decipher, decompile, disassemble, reverse-engineer, or make derivative works from any of the software provided by BAIDU Conferencing to you or comprising or in any way making up a part of the Service.
- Warranty Disclaimer. OUR SERVICE (INCLUDING OUR SOFTWARE AND ANY PRODUCTS) IS PROVIDED AS IS AND AS AVAILABLE.” BAIDU CONFERENCING DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE AND ANY PRODUCTS CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE.
- Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER BAIDU CONFERENCING, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BAIDU CONFERENCING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BAIDU CONFERENCING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO USE OF THE SYSTEM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF DATA OR PROGRAMS, LOST PROFITS, BUSINESS INTERRUPTION, INDEMNIFICATION OF THIRD PARTIES, AND THE LIKE, EVEN IF BAIDU CONFERENCING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT OR TORT.
- Survivability of Limitation of Liability. NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF BAIDU CONFERENCING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW AND, IF SO PERMITTED, NOT TO EXCEED FIVE HUNDRED UK POUNDS (U.K. £500.00). ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO USE OF THE SERVICE ARE HEREBY EXCLUDED EVEN IF BAIDU CONFERENCING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Disclaimer of Liability for Service Interruption. BAIDU CONFERENCING EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE OR YOUR USE OF THE INTERNET OR THE TELECOMMUNICATIONS SYSTEM IN CONNECTION WITH THIS SERVICE WILL BE FREE OF INTERRUPTION OR THAT THE SERVICE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NEITHER BAIDU CONFERENCING, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SERVICE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF BAIDU CONFERENCING OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
- Indemnification. You agree to indemnify, defend and hold harmless BAIDU Conferencing, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys fees, arising out of or relating to any violation of this Agreement or any activity related to use of the Service by you or any other person accessing the Service using your account.
- Third Party Rights. The provisions of paragraphs 8, 9, 10, 11, and 12 apply for the benefit of BAIDU Conferencing and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Your Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement.
- Right To Terminate. The Company reserves the right, at its sole discretion, to suspend or terminate your ability to use or access the Service at any time without notice to you.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and BAIDU Conferencing as a result of this Agreement or your use of the Service.
- You may not assign your account or your obligations under this Agreement, or any part thereof, without BAIDU Conferencing’s express written consent.
- BAIDU Conferencing may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Any cause of action or claim you may have with respect to BAIDU Conferencing must be commenced within one (1) year after the claim or cause of action arises.
- BAIDU Conferencing’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between BAIDU Conferencing and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in the courts of Glasgow, United Kingdom. In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify breach and that, consequently, BAIDU Conferencing will be entitled to seek preliminary and equitable relief upon a breach of the Agreement by you.
- Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
- Contacting Us. To contact us with any questions or concerns in connection with this Agreement, or to provide any notices under this Agreement, please contact us at:
BAIDU Communications Limited
272 Bath Street
Glasgow G2 4JR
0-808-189-4488 (Toll Free from the UK)
Last updated: November 10, 2015