TERMS OF SERVICE

LAST UPDATED: 09/20/2020

IMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF STREAM VOODOO AND ITS AFFILIATES ("STREAM VOODOO") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE STREAM VOODOO WEBSITE OR BY UTILIZING THE STREAM VOODOO SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT”). THE STREAM VOODOO SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN CLICK THE “I DO NOT AGREE” BUTTON/BOX AND STREAM VOODOO IS UNWILLING TO ALLOW YOU TO USE THE STREAM VOODOO SERVICES.

Stream Voodoo will provide the Services, and you may access and use the Services, in accordance with this Agreement. If You order Services through an on-line registration page or an order form (each an "Order Form"), the Order Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service.

System Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

  • DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific definitions are found in Exhibit A. “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity. “End User” means a Host or Participant (as defined in Exhibit A) who uses the Services. “Initial Subscription Term“ means the initial subscription term for a Service as specified in an Order Form. "Service Effective Date" means the date an Initial Subscription Term begins as specified in an Order Form. "Renewal Term" means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.

  • SERVICES. Stream Voodoo will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Stream Voodoo during the term. Stream Voodoo may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.

    • Beta Services. Stream Voodoo may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Stream Voodoo makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.

  • USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all applicable laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.

    • Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.

    • Your Content. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Stream Voodoo and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Stream Voodoo be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Stream Voodoo is not responsible for any Content, Stream Voodoo may delete any Content, at any time without notice to You, if Stream Voodoo becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.

    • Aggregated and De-identified Data. In the course of providing the Stream Voodoo Services, Stream Voodoo may obtain or derive from Your Content and Your and Your End Users’ use of the Stream Voodoo aggregated or de-identified data related to Your and Your End Users’ use of the Stream Voodoo Services. Notwithstanding anything to the contrary in this Agreement, You agree that Stream Voodoo is free to use this data for any lawful purpose, provided that all such data has been aggregated or de-identified so that neither You nor any of Your users are individually identified.

    • Recordings. You are responsible for compliance will all recording laws. The Host can choose to record Stream Voodoo meetings and Webinars. By using the Services, you are giving Stream Voodoo consent to store recordings for any or all Stream Voodoo meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar

    • Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Stream Voodoo’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) 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; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Stream Voodoo or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Stream Voodoo's security systems. (ix) use the Services in violation of any Stream Voodoo policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.

    • Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Stream Voodoo. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

    • Suspension of Performance. At any time during the term of this Agreement, Stream Voodoo may, immediately upon notice to You, suspend its performance under this Agreement or may suspend any and all End Users’ access to the Stream Voodoo Services if: (i) a reasonable threat to the technical security or technical integrity of the Stream Voodoo Services exists; provided that Stream Voodoo promptly recommences performance upon the cessation of the threat, or (ii) if any amount due under this Agreement is not received by Stream Voodoo within thirty (30) days after it was due and Stream Voodoo provided not less than thirty (30) days prior written notice of same.

  • RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Stream Voodoo policies. Stream Voodoo assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Stream Voodoo to [email protected] Stream Voodoo may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Stream Voodoo be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

  • STREAM VOODOO OBLIGATIONS FOR CONTENT. Stream Voodoo will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Stream Voodoo will notify You if it becomes aware of unauthorized access to Content. Stream Voodoo will not access, view or process Content except (a) as provided for in this Agreement and in Stream Voodoo’s Privacy Policy; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Stream Voodoo has no other obligations with respect to Content.

  • UPGRADES. Although Stream Voodoo has no obligation to provide upgrades to the Stream Voodoo Services under this Agreement, Stream Voodoo may from time to time provide upgrades. Any upgrades to the Stream Voodoo Services shall be deemed to become part of the Stream Voodoo Services and shall be subject to the terms and conditions of this Agreement.

  • ELIGIBILITY. You affirm that You are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 18 or are otherwise ineligible.

  • INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Stream Voodoo is not intended for use by individuals under the age of 18, unless it is deemed educational by a consenting adult. Individuals under the age of 18 may not create accounts or use the Services except as described herein.

  • CHARGES AND CANCELLATION. You agree that Stream Voodoo may charge to Your credit card or other payment mechanism selected by You and approved by Stream Voodoo ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Stream Voodoo may change prices at any time, including charging for Services that were previously offered free of charge; provided, however, that Stream Voodoo will provide you with prior notice and an opportunity to terminate Your Account if Stream Voodoo changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Stream Voodoo is unable to collect the fees owed to Stream Voodoo for the Services through Your Account, Stream Voodoo may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Stream Voodoo in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Stream Voodoo may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

  • TERMINATION. The Stream Voodoo website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Stream Voodoo may terminate this Agreement immediately and retain any fees previously paid by You. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not satisfied with the Services, Your sole remedy is to cease using the Services and follow this termination process.

  • PROPRIETARY RIGHTS. Stream Voodoo and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Stream Voodoo Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Stream Voodoo Marks, or other proprietary information (including images, text, page layout, or form) of Stream Voodoo without express written consent. You may not use any meta tags or any other "hidden text" utilizing Stream Voodoo Marks without Stream Voodoo's express written consent.

  • DIGITAL MILLENNIUM COPYRIGHT ACT. Stream Voodoo understands the importance of intellectual property such as copyrights. Stream Voodoo owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials are made available through the Stream Voodoo Services by third parties not within the control of Stream Voodoo. It is our policy not to permit materials known by us to be infringing to remain in Stream Voodoo’s Services. Stream Voodoo reserves the right to terminate any User’s access to the Stream Voodoo Services if that User is deemed to have repeatedly infringed upon another party’s copyrights. You should notify us promptly if you believe any materials in the Stream Voodoo Services infringe upon a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), Stream Voodoo will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the individual (“Designated Agent”) identified in Section 22.3, below, at the address also listed below.

  • EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States and other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). You and your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation. You represent and warrant that (i) You and your End Users are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea) and that you and your End Users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (ii) You and your End Users are not identified on any U.S. government restricted party lists (including without limitation the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List, and Unverified List, and the U.S. Department of State proliferation-related lists); and (iii) that no Content created or submitted by You or your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws. You are solely responsible for complying with the Export Control Laws and monitoring them for any modifications.

  • NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.

  • INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sub-licensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Stream Voodoo, its Affiliates, suppliers and any other party authorized by Stream Voodoo to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Stream Voodoo, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

  • DISCLAIMERS. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND STREAM VOODOO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STREAM VOODOO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. STREAM VOODOO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. STREAM VOODOO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

  • INDEMNIFICATION. You agree to defend, indemnify, and hold Stream Voodoo, its officers, members, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities, costs, expenses, damages, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (i) Your use of the Stream Voodoo Services or the use of the Stream Voodoo Services by Your users or End Users, (ii) Your use of or reliance on any Content or Your End Users’ use of or reliance on the Content, (iii) Your Inputs, or (iii) Your breach of this Agreement (each a “Claim”).

  • LIMITATIONS ON LIABILITY. THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STREAM VOODOO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE STREAM VOODOO SERVICES. IN NO EVENT SHALL STREAM VOODOO HAVE ANY LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THE STREAM VOODOO SERVICES, INCLUDING THE COST OF RECOVERING ANY LOST DATA. IN ALL EVENTS, STREAM VOODOO’S LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE WILL NOT EXCEED THE FEES YOU ACTUALLY PAID TO STREAM VOODOO DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH SUCH CLAIM AROSE. THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THE AGREEMENT AND THAT STREAM VOODOO WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS. THIS LIMITATION OF LIABILITY CLAUSE WILL SURVIVE FAILURE OF ITS ESSENTIAL PURPOSE.

  • CONFIDENTIALITY. You will keep confidential and will not use for any purpose other than this Agreement, any Confidential Information. “Confidential Information” means information disclosed by Stream Voodoo to You about the Stream Voodoo Services or any of the technologies, methodologies, or processes incorporated in the Stream Voodoo Services; which in each case, constitutes a trade secret under applicable law.

  • AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions herein. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. Any controversy or claim arising out of or relating to this Agreement, or the negotiation or breach thereof, shall be settled by arbitration in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Revised Uniform Arbitration Act”) and the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Raleigh, North Carolina and shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys' fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. In addition, the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys’, arbitrators’ and courts’ fees and expenses, in connection with any action or proceeding hereunder. If any court having proper jurisdiction hereof shall subsequently determine any portion of this Agreement to be invalid, such designation shall not affect the remaining provisions of this Agreement, which will continue in full force and effect. If, under applicable law, this arbitration provision is not enforceable as to a particular claim brought by one party against the other, then legal proceedings involving only that claim may be instituted solely either in the state court for the State of North Carolina, County of Wake, or in the United States District Court for the Eastern District of North Carolina located in Raleigh, North Carolina. For all purposes of this Agreement, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

  • PRIVACY AND OTHER POLICIES. Use of the Services is also subject to Stream Voodoo's Privacy Policy, a link to which is located on Stream Voodoo's website. The Privacy Policy, and all policies noticed at http://www.streamvoodoo.com/privacy are incorporated into this Agreement by this reference. Furthermore, if Your Use of the Services requires Stream Voodoo to process any personally identifiable information (“Personal Data”) Stream Voodoo shall do so at all times in compliance with our Data Processing Addendum, which is incorporated in these Terms of Service. Additionally, You understand and agree that Stream Voodoo may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices.

  • MISCELLANEOUS

    • Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of North Carolina, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Except as provided in Section 20, the Parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Wake County, North Carolina and the federal courts in the Eastern District of North Carolina.

    • Waiver; Remedies. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any remedies of a party at law or in equity.

    • Notices. All notices under this Agreement shall be in writing and addressed to a party as follows. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service (e.g., FedEx, etc.), (iii) by first class, registered or certified mail, postage prepaid, return receipt requested (iv) by facsimile provided that there is confirmation of receipt or (v) by electronic mail to the address of the party specified in this Agreement, provided that there is confirmation of receipt. All notices shall be effective upon receipt by the party to which notice is given. Each party may change its address for receipt of notice by giving notice of such change to the other party.

    • Attorneys’ Fees. The prevailing party or substantially prevailing party, as determined by a court of competent jurisdiction, shall be entitled to reimbursement of its reasonable attorneys’ fees by the non-prevailing party in any action brought under this Agreement.

    • Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

    • No Assignment. Neither party will assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that Stream Voodoo may assign this Agreement in connection with a merger, acquisition, reorganization or change of control, including without limitation a sale of all or substantially all of its assets, stock or business to which this Agreement relates. The terms of this Agreement will be binding upon the parties and their respective successors and permitted assigns.

    • Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, pandemic, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. If an event of force majeure prevents Stream Voodoo from performing any services under this Agreement, including the provision of the Stream Voodoo Services, for thirty (30) days, You may cancel this Agreement and receive a refund of pre-paid fees paid for that period of time for which services are not provided.

    • Independent Contractors. Stream Voodoo’s relationship to You is that of an independent contractor, and neither party is an agent or partner of the other. Neither party will have and will not represent to any third party that it has, any authority to act on behalf of the other.

    • Savings Clause. Neither party shall be responsible or liable for any loss, damage por inconvenience suffered by the other or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the other party to comply with its obligations under this Agreement.

    • Survival. Any provisions of this Agreement that by their nature should continue after termination of this Agreement will continue to apply even after the expiration or termination of this Agreement, including without limitation, Sections 3, 9, 10, 11, 16-20, and Section 22.

    • General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Stream Voodoo may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Stream Voodoo will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.

Exhibit A

Services Description

This Exhibit A to the Agreement describes the Services that may be ordered on an Order Form, or provided by Stream Voodoo, and sets forth further Service-specific terms and conditions that may apply to Stream Voodoo’s provision and Customer’s use of the Services. Capitalized terms not defined herein shall have the meanings assigned to them in the Terms of Service.

  • Definitions. For purposes of this Service Description, the following definitions will apply:

    “Host” means an individual who is an identified employee, contractor, or agent of Customer to whom Customer assigns the right to host Meetings. A Host may hold an unlimited number of Meetings, but only one Meeting at a time. A Host subscription may not be shared or used by anyone other than the individual assigned to be a Host.

    “Meeting” means a Stream Voodoo Video meeting.

    “Participant” means an individual, other than the Host, who accesses or uses the Services, with or without the permission and knowledge of the Host.

    “Stream Voodoo Documentation” means this Exhibit, the Stream Voodoo website and any additional description of the Services which may be incorporated into this Agreement.

    “Stream Voodoo Meeting Services” means the various video conferencing, web conferencing, webinar, meeting room, screen-sharing and other collaborative services offered by Stream Voodoo Video that Customer may order on an Order Form.

  • Stream Voodoo Meeting Services. Stream Voodoo Meeting Services enable Hosts to schedule and start Meetings and to allow Participants to join Meetings for the purpose of collaborating using voice, video, and screen-sharing functionality. Every meeting will have one Host. Chat features allow for out-of-session one-on-one or group collaboration. Further features, functionality, and solutions are described at streamvoodoo.com.

BY USING ANY STREAM VOODOO SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.