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  • 1. About usBlogsJobsPressTerms of ServiceContact usTerms of Service1. ACCEPTANCE OF TOKBOX PLATFORMTERMS AND CONDITIONSThese terms and conditions ("Terms") govern your use of theTokBox application program interface(s), sample software code,and other related materials provided or made available by TokBox(the "Platform") that enable you to implement the TokBox livevideo chat software and services offered by TokBox (the "Service")on one or more website(s) or web applications owned andcontrolled by you ("Your Website(s)").In order to use the Platform, you are required to accept and toagree to be bound by these Terms. We reserve the right to limit orterminate your access to Platform at any time. We reserve theright to change, modify, update or terminate the Platform at anytime, to impose additional restrictions or limitations on theService or to impose a fee for all or a portion of the Service.TokBox may decide what features to include in the Service andwhether to make them optional or mandatory.
  • 2. We also reserve the right to change, modify or update the Termsat any time. If we revise the Terms, we will post the revisedTerms on our website at the same URL as the Terms that are beingmodified, and you consent to receiving notice of any changesthrough such posting. If required by law, TokBox will also provideyou notice of changes as provided in Section 16. If you do notagree to the revisions, you must cease to use the Platform andremove the Service from Your Website. Your continued use of thePlatform or use of the Service on Your Websites for more thanfifteen days after the posting of the revised Terms means that youhave accepted the new Terms.2. API KEYYou consent to the collection and processing of your personalinformation in order to provide you an application programminginterface ("API") key. If you share your API key with any person,you (and not TokBox) are responsible for any actions that personmay take. If you believe that someone has used your API keywithout your permission, contact us at ELIGIBILITY AND AUTHORITYIf you are signing up for the Platform and the Service on behalf ofa company, you represent that you are duly authorized torepresent such company and accept the Terms on behalf of suchcompany. If you are entering into these Terms on behalf of yourcompany, the terms "you" and "your" in these Terms mean yourcompany and all of its employees. If you are entering into theseTerms on your own behalf, you agree that you are personallybound by these Terms. In such cases, the terms "you" and "your"mean you.4. LICENSE
  • 3. a) TokBox grants you a worldwide, non-exclusive, non-sublicensable, revocable, non-transferable license to use thePlatform in order to display the Service on your Websites, subjectto your compliance with the terms and conditions of the Terms.You may not install or use the Platform for any other purposewithout TokBoxs prior written consent.b) You acknowledge that the Platform and the Service areprotected by copyrights, trademarks, service marks, internationaltreaties, and/or other proprietary rights and laws of the U.S. andother countries and that all ownership and intellectual propertyrights in the Platform and the Service do and shall, as betweenyou and TokBox, belong exclusively to TokBox. Without limitingthe foregoing, TOKBOX and OPENTOK and the related logos aretrademarks of TokBox. Except as expressly provided herein, theseTerms grant you no right, title, or interest in any intellectualproperty owned or licensed by TokBox, including (but not limitedto) the Platform, the Service or the TokBox trademarks.c) You will not sell, transfer, assign, rent, lease, or sublicenseTokBoxs code, the Platform, or the Service to anyone.d) Some of the features available through the Service are providedby other third parties. You may be required to agree to the Termsof Service of these third party services, and all such services areprovided subject to those Terms of Service.5. INTEGRATION OF THE SERVICE ONYOUR WEBSITEa) The Service includes branding for TokBox and its third-partypartners. You agree not to remove, alter or change any brandingcontained in the Service. You may not display TokBox marks onyour site (or otherwise) other than (i) through the display of theService in accordance with the Platform and TokBoxs brandingguidelines located at and (ii) solely forthe purpose of disclosing that Your Website has implemented theService in a manner that does not suggest any further relationship
  • 4. or endorsement of your Website by TokBox.b) Other than through the API configuration options provided byTokBox, you will not alter, change or modify any user interface,feature or functionality of the Service without the express writtenconsent of TokBox.c) You agree not to copy, reverse engineer, decompile ordisassemble TokBoxs code, the Platform, or the Service, or buildalternative methods to access the Service other than as providedthrough the Platform (except to the limited extent suchrestrictions are expressly prohibited by applicable statutory law).d) Notwithstanding the foregoing paragraphs of this section 5,TokBox licenses certain components of the Platform (e.g. theTokBox HTML Embed) under a permissive software license. Inthese cases, you agree not to use any TokBox name, logo,trademark or service mark ("Mark"), including those originally builtinto the code we provide, in any modified version of that codeunless (i) it follows the branding guidelines located or (ii) you have entered into aseparate written trademark license agreement with TokBox.e) You agree to update code provided by TokBox in connectionwith modifications to the Service or Platform in a reasonable andtimely fashion after TokBox makes them available.f) TokBox may update files on our servers that will automaticallychange the functionality of the Platform or Service, and youconsent to those updates.g) You will not obscure or cover any graphical element of theService or otherwise interfere with the operation of the Platformor Service.h) When users interact with the Service, TokBox receives andstores certain personally non-identifiable information as well asaggregated user information and statistics, such as number ofunique users, number of sessions and total minutes streamed.TokBox may store such information itself or such information maybe shared with TokBox affiliates, agents, service providers andcurrent and prospective business partners. TokBox uses theforegoing information to provide, improve, market and enhance its
  • 5. products and services and for other lawful business purposes.i) TokBox reserves the right to place volume limitations on accessto the Platform or Service.j) These Terms do not entitle you to any support for the Platformor the Service, unless you make separate arrangements withTokBox and pay all fees associated with such support (if any). Anysuch support provided by TokBox shall be subject to the Terms asmodified by the associated support agreement.k) You agree that TokBox shall have the right to use yourtrademarks to identify you as an Platform licensee on its websiteand in other marketing materials.6. ADVERTISING AND PROMOTIONSa) TokBox retains the exclusive right to include and to selladvertising, promotions and sponsorships in the Service that isdisplayed on Your Websites (the "Advertising") and will retain allrevenue derived from any Advertising. You will not obscure, alteror interfere with the display of the Advertising and will respect allTokBox policies and procedures regarding the display ofAdvertising.b) You may not display any Advertising or third-party logos withinthe Service.c) Subject to the foregoing, you may create advertisingopportunities around the Service. In cases where the Service is theprimary basis of the advertising sale, you agree to notify andcompensate TokBox in a manner to be mutually agreed upon bythe parties. For example, you may sell sponsorships or branding inareas around the live video streams, provided that you and Tokboxagree in advance on appropriate compensation to be paid toTokBox. Please contact us for questions and information, or to notify us of an advertising opportunity.7. PROHIBITED WEBSITES AND CONTENT
  • 6. You are solely responsible for all content, services and advertisingavailable through your Website or that you incorporate into orpromote through the Service. You may not incorporate or use theService in connection with your Website if your Website or any ofthe content, services or advertising available on your Website (orif your use of the Service otherwise) falls within any descriptionbelow:a) Is primarily directed to children aged 13 or under or that haschildren aged 13 or under as a significant proportion of its users;b) Uses the Platform in, or to develop, a product or service thatcompetes with products or services offered by TokBox;c) Contains adult entertainment, including pornography, eroticcontent, sexually explicit content, prostitution, or any othercontent not appropriate for general audiences;d) Offers or promotes gambling, games of chance involving thepayment of any consideration, or illegal sweepstakes or contests;e) Promotes, encourages or facilitates any illegal activity, violatesthe law or violates the rights of any third party (including, withoutlimitation, intellectual property rights, rights of privacy, or rightsof personality);f) Constitutes, promotes or is used for the purpose of dealing in:spyware, adware, or other malicious programs or code;counterfeit goods; items subject to U.S. embargo; unsolicitedmass distribution of email; multi-level marketing proposals; hatematerials; hacking/surveillance/interception/descramblingequipment; libelous, defamatory, abusive, harassing or otherwiseoffensive content; body parts or bodily fluids; stolen products oritems used for theft; fireworks, explosives, or hazardousmaterials; or weapons.In addition, TokBox reserves the right to terminate the Service forany Website for any reason, including if TokBox determines thatthe Website is harmful to or inconsistent with TokBoxs reputationand goodwill. If your Website meets any description above (or youare unsure), but you are interested in incorporating the Service,
  • 7. please email us at so we can discusswhether your proposed use is acceptable.8. YOUR COMPLIANCE OBLIGATIONSa) Privacy. If Your Website collects, displays or transmits anypersonal information about your users, you will prominentlydisplay a privacy policy that complies with all applicable laws andthat makes it clear to users what data you collect and how youwill use, display or share that data. You will collect and use userdata on Your Websites only in accordance with your privacy policy.b) Data Disclosure. Without limiting your obligations under theseTerms, you will not disclose any user data that you derive fromany users usage of the Service (including without limitation chatlogs, registration information, contact information or IP addresses)other than in compliance with your privacy policy and allapplicable legal requirements (including Title 18, Part I, Chapter121 — Stored Wire and Electronic Communications andTransactional Records Access).c) Monitoring and Abuse. TokBox does not monitor the Service andwill not be responsible for any claim based on any commentary orcontent posted in the Service by any user or any actions taken byany user of the Service, including any claim that the user contentviolates any persons rights or is defamatory, libelous or otherwiseillegal. You acknowledge that you are solely responsible formonitoring and controlling abusive or inappropriate behavior inthe Service in connection with Your Website. You will regularlymonitor and respond to reports of abuse, including by terminatinguser accounts where appropriate. You will also ensure that YourWebsites that implement the Service are at all times subject toterms and conditions no less protective of TokBox and thePlatform than these Terms.d) DMCA. You will maintain a policy for removing content and
  • 8. terminating repeat infringers that complies with the DigitalMillennium Copyright Act.9. SECURITYa) Contact and Cooperation. You must be reachable duringreasonable business hours for security questions or concernsthrough the contact information that you provided uponrequesting your Platform key.b) Your Network. You will ensure that all networks, computer andoperating systems, software and other systems used to operateYour Websites employ security measures to prevent unauthorizedaccess to or use of any user data and the Service. You mustpromptly report any security deficiencies in or intrusions to yoursystems to TokBox at REPRESENTATIONS AND WARRANTIESYou represent and warrant that: (a) you have the right to use,reproduce, transmit, copy, publicly display, publicly perform, anddistribute any content or data on Your Websites or that is used orincorporated with the Service in the manner contemplated underthese Terms, and that neither Your Website nor the contentavailable through it violate the rights of any third party (e.g.copyright, patent, trademark, or other proprietary right of anyperson or entity), or any applicable regulation or law, includingbut not limited to any export, re-export, or import laws and thelaws of any country in which your content or service is madeavailable; (b) you have all necessary rights and authorizations toagree to these Terms and to use the Platform and the Service ascontemplated by these Terms; and (c) your agreement andcompliance with these Terms and use of the Platform and theService will not violate any law, regulation or contractualobligation.
  • 9. 11. TERMa) TokBox may terminate your access to the Service at any time,with or without notice. You may remove the Service form yourWebsite at any time.b) Upon any termination of these Terms or your access to theService, (a) all rights and licenses granted by either party to theother party herein shall terminate and (b) you shall immediatelyremove the Service from Your Websites and remove all copies ofthe Platform from all computers, hard drives, networks, and otherstorage media. Notwithstanding anything to the contrary in theseTerms, the following provisions shall survive and remain in fullforce and effect following any termination of the partiesobligations under these Terms: Sections 10, 12 and 14-16.12. NO TOKBOX WARRANTIES;LIMITATION OF LIABILITYa) No TokBox Warranties.TOKBOX DOES NOT REPRESENT OR WARRANT THAT THE PLATFORMOR THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENTS, ISFREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ISRELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.THEPLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND "ASAVAILABLE" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANYKIND AND TOKBOX EXPRESSLY DISCLAIMS ANY AND ALLWARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO,ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, LEGALITY, AVAILABILITY, SECURITY, TITLEAND/OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM ANDTHE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOUWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTSFROM THEIR USE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGETO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
  • 10. b) Limitation of Liability.TOKBOX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TOYOU, WHETHER BASED ON BREACH OF CONTRACT, BREACH OFWARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITYOR OTHERWISE) (i) FOR ANY LOST PROFITS, LOST OR CORRUPTEDDATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OFBUSINESS, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR INCONNECTION WITH USE OF THE PLATFORM OR THE SERVICE, ORANY OTHER PECUNIARY LOSS, WHETHER OR NOT TOKBOX HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FORANY AMOUNT IN EXCESS OF $100 OR, IF GREATER, THE FEES PAIDBY YOU TO TOKBOX IN THE SIX (6) MONTH PERIOD PRIOR TO THEDATE THE CLAIM AROSE.c) Exclusions and Limitations.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOMEOF THE ABOVE LIMITATIONS OF SECTIONS 12 (a) AND (b) MAY NOTAPPLY TO YOU.13. INDEMNITY AND WAIVERYou agree to indemnify, defend, and hold TokBox and itsaffiliates, officers, directors, agents, service providers, partners,and employees harmless from any claim, demand or allegationmade by any third party, and all related losses, damages,liabilities, costs and expenses (including attorneys fees), that it isany way related to:• your use of the Platform or the Service;• use of the Service by the users of your Websites;• your Websites, including any content, services or advertisementson your Websites or that you incorporate with the Service; and• your breach of any representation, warranty or covenantincluded in these Terms.
  • 11. 14. DISPUTESYou agree that the statutes and laws of the State of California,without regard to any principles of conflicts of law, will apply toall matters relating to the your use of the Platform or the Service,including any disputes under these Terms, and you further agreethat any litigation shall be subject to the exclusive jurisdiction ofthe state or federal courts located in San Francisco in the State ofCalifornia, USA. Both you and TokBox irrevocably consent topersonal jurisdiction in such courts and agree to appear in suchcourts in connection with any claim arising hereunder.15. GENERAL INFORMATIONThese Terms govern your use of the Platform and the Service andconstitute the entire agreement between you and TokBoxregarding the subject matter hereof. These Terms supersede anyprior agreements between you and TokBox relating to your use ofthe Platform and the Service (including, but not limited to, anyprior versions of these Terms). The failure of TokBox to exerciseor enforce any right or provision of these Terms does notconstitute a waiver of that right or provision, and a waiver of anydefault is not a waiver of any other default. If a court ofcompetent jurisdiction finds any provision of these Terms to beinvalid, the provision shall be construed in a manner consistentwith applicable law to reflect, as nearly as possible, the partiesoriginal intentions as reflected in the provision, and so that theother provisions of the Terms remain in full force and effect. Allheadings in the Terms are for convenience only and have no legalor contractual effect. The Terms are personal to you and may notbe assigned or transferred for any reason whatsoever (including,without limitation, by operation of law, merger, reorganization, oras a result of an acquisition or change of control involving you)without TokBoxs prior written consent and any action or conductin violation of the foregoing shall be void and without effect.
  • 12. TokBox expressly reserves and shall have the right to assign theTerms and to delegate any of its obligations hereunder.16. NOTICESWe may send you any notices, including those regarding changesto these Terms, to the email address you provided when yourequested your API key or through any other reasonable means.Any notices to TokBox must be sent to TokBox, Inc., 115 StillmanSt., San Francisco CA 94107 via first class or air mail or overnightcourier and are deemed given upon receipt.From our blogsTokBox blogThe latest news and views from TokBox HQTokBox developer blogOur newest blog, geared to give developers insider knowledge on working withthe TokBox APIs, including OpenTokFollow us on Twitter@tokbox • "RT @tokboxdev: Have fun @ #musichackday and #swbay this weekend? Sign up for the next hackathon, HAPI Hack June 10-12" 7:18 PM May 11th@tokboxdev
  • 13. • "Have fun @ #musichackday and #swbay this weekend? Sign up for the next hackathon, HAPI Hack Weekend June 10-12" 11:46 PM May 10thTokBox, Inc. © 2007-2011. All rights reservedAbout us Blogs Jobs Press Terms of Service Contact us