Last updated: November 16, 2020
1. Acceptance of this EULA
Thank you for visiting our website www.zMEET.LIFE ("Our Site"), and/or your interest in using zMEET's virtual campus products and services, provided by an individual entrepreneur Melnyk Oleksiy Vasyliovych ("zMEET," "us" "we" and "our"). By using our virtual campus products and services or using Our Site, you agree to be bound by this zMEET End-User License Agreement ("EULA"). Please read this EULA carefully.
This EULA constitutes a binding legal contract between you and zMEET and governs your use of all products and services as may be available through Our Site, our zMEET virtual software and/or software delivered as services, our mobile application, and/or in any other forms or media developed and/or provided by or through zMEET(collectively with Our Site, the "Services"), and to those products as may be available to you through zMEET virtual campus client application software for use with the Services ("Products").
You may receive access to the Products and Services via a subscription set up by your Organization (defined below). Therefore, throughout this EULA, the term "you" and "your" means you as an individual user, and your Organization, if and when applicable.
2. Accounts and Passwords
You must have an account with zMEET("User Account") to subscribe to any aspect of the Services, including any fee-based aspect of the Services (e.g., Platforms or free aspect of the Services (e.g., Demo version). Your User Account must be in your real name. You may register for a free aspect of the Services online, or subscribe to a fee-based aspect of the Services online. In all cases, you agree to: (1) provide true and accurate account information, (2) choose a strong and secure password; (3) keep your password secure and confidential; (4) not transfer, or attempt to transfer, your User Account or any registration or subscription thereunder, to any other party; (5) promptly report any breach of password confidentiality to zMEET; and (6) cancel and close your User Account when you will no longer continue using it. zMEET reserves the right to terminate or suspend your User Account upon reasonable belief that fraud or unauthorized activity has occurred on your User Account.
3. Access and Control by Subscribing Party
If your access as an individual user to an aspect of the Services is under a subscription through, and paid for by, an organization with whom you are employed, contracted with as an independent contractor, enrolled as a student, or otherwise affiliated (your "Organization"), then that subscribing party has the right to control zMEET End-User License Agreement Page 2 of 9 your access to that aspect of the Services and to receive reports from zMEET (if available, at zMEET's sole discretion) regarding your use of such aspect of the Services, including, without limitation, any and all data, information, or material uploaded, provided, or shared using that aspect of the Services, and including information regarding your activity using that aspect of the Services.
4. System Requirements
Use of the Services requires hardware, software, and Internet access not provided by zMEET, and your ability to access and use the Services may be affected by the performance of these third party system components. You acknowledge and agree that such system components are your responsibility. zMEET shall not be liable for the functionality, connectivity, or performance of any third party system components or the compatibility of any third party system component with the Products or Services.
6. Age Requirements
The Services are not intended for or designed to attract children under the age of thirteen (13). By using the Products or Services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA.
7. Grant of License
Subject to your continuing compliance with this EULA, zMEET hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install the Products for use in connection with the Services, and (b) use the Services.
Unless otherwise agreed in a separate agreement with you, zMEET may, in its sole discretion, determine the fee it will charge for any aspect of the Products or Services and the terms of payment, and zMEET may, by giving thirty (30) days written notice to you through the Services, otherwise by e-mail, make changes to such fees and / or payment terms applicable to the Products or Services. If you do not agree to any such changes to the commission and / or payment deadline, you may terminate this Agreement or cancel the aspect of the Services, as required herein, within thirty (30) days; otherwise, any such changes will then be effective for your user account, and you agree that zMEET may charge your credit card for any such new fees applicable to the Services you subscribe to for the next monthly or other periodic payment cycle, respectively.
For any paid aspect of the Services to which you subscribe, you also agree to pay us any applicable taxes in addition to the relevant subscription fee. Failure to pay these fees and taxes in accordance with your payment obligations will result in the suspension or suspension of your paid Services and possibly the forwarding of your Account to a debt collection agency.
9. Termination and Nonrenewal of User Account
Except for any Organization, whose termination and/or non-renewal rights are specified in the zMEET Terms of Service, the following termination and non-renewal provisions apply:
a) By you. You can terminate your User Account at any time for any reason by providing written notice to zMEET. You will continue to have access to the Services until the end of your billing cycle. zMEET will not issue refunds for any paid User Account that you terminate.
c) Our Right to Not Renew. We reserve all rights to refrain from renewing any User Account or Organization subscription for any reason.
Except as otherwise expressly set forth in this EULA, all notices from zMEET to you under the EULA will be in writing sent by email or through the Services (e.g., a zMEET notification published in your User Account or displayed in an online session). All notices from you to zMEET shall be emailed to email@example.com, except for legal notices, such as notices regarding copyright infringement assertions, which shall be sent to firstname.lastname@example.org. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
11. User Generated Content
Our Services allow sharing of information in many ways, and any information and content that you share or post (your "User Generated Content") may be seen by others. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to zMEET connections, restricting your profile visibility from search engines, or opting not to notify others of your zMEET profile update). We are not obligated to publish any User Generated Content on our Services and reserve the right to remove any User Generated Content deemed to be objectionable or in violation of this Agreement, in zMEET's sole discretion.
As between you and zMEET, you own the User Generated Content that you submit or post to the Services, and you are only granting zMEET, and our affiliates and licensees, the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, and sublicense to our affiliates any User Generated Content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others, solely in order to provide the Services to you. You can remove User Generated Content from the Services by deleting it or by closing your User Account, except (a) to the extent you shared it with others as part of the Services and zMEET End-User License Agreement Page 4 of 9 they copied, re-shared it or stored it and (b) for the reasonable time it takes us to remove from backup and other systems.
12. Intellectual property rights
zMEET and its licensors own all rights, proprietary rights and interests in the Products and Services, including, without limitation, all copyrights, trademarks, trade secrets and patent rights, and retain all such intellectual property rights. Use of our Products and Services does not grant you ownership of our Products and Services, or the content or information provided through our Products and Services, and you may use our Products and Services only for the purposes permitted by this Agreement. Trademarks and logos used in connection with the Products and Services are trademarks of their respective owners. zMEET and other zMEET trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of zMEET. You are prohibited from using the zMEET trademarks for any purpose, including without limitation the assumption that you or your Organization are funded or approved by zMEET without the prior written consent of zMEET.
13. Data Storage
14. Other Content, Sites and Apps and Content Removal
Others persons or entities may offer their own content, products, and services through our Services, and we are not responsible for that third-party content, products, or services. Your use of such third-party content, products, or services shared through our Services, is at your own risk. zMEET generally does not review and is not responsible for third-party content, products, or services provided through our Services. You are responsible for deciding if you want to access or use third-party content, products, and services (including, without limitation, apps or sites that link from our Services, if any). Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should carefully read the legal terms and privacy policies of any sites or apps linked from the Services before deciding whether to use those sites or apps. You also understand that zMEET does not, and has no obligation to, monitor, pre-screen or pre-approve, or evaluate the integrity of any third-party content, products, or services offered through our Services, but that zMEET shall nonetheless have the right, but not the obligation, in its sole discretion, to refuse, delete or remove any third-party content, products, or services that may be offered through the Services for any reason, including without limitation a violation of applicable law or any of this EULA.
You are responsible for compliance with all recording laws when and if you use any recording tools within the Services. In particular, a host can choose to record zMEET meetings and webinars. By using the Services, you grant consent for zMEET to store recordings for any or all zMEET meetings or webinars that you join. You will receive a notification when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar.
16. Prohibited use
You represent and warrant that you will not use the Services and Products for any of the following purposes or activities:
a) engage in or support any illegal activity of any kind, or use the Products or Services in violation of any applicable law or regulation, including, without limitation, data privacy and security laws;
b) the transmission or storage of viruses, ransomware or any malicious code intended to access information without authorizing, stealing, intercepting or modifying it or for any other unauthorized or destructive purpose;
c) threatening, slandering, discrediting, slandering, harassing, bullying, impersonating another person, harming others or intimidating others;
d) obstruction of the use of the Services by other persons;
e) delivering spam or collecting information for the delivery of spam, or sending advertisements (for the avoidance of doubt, this does not prohibit any approved Organization from advertising in the zMEET virtual world, provided that such advertising is conducted in accordance with our advertising guidelines or otherwise we directly approve in writing, for example, pasting a poster on a digital wall, placing logos in rooms in the virtual world of the zMEET platform);
f) copying, reselling, reproducing, distributing, renting, sublicensing or otherwise transferring or accessing the Products or Services, or any reports or data generated therefrom;
g) offering permission or enabling third parties to use the Services or Products;
h) commercial operation, decompilation, disassembly, reverse engineering or other attempt to discover any source code contained in the Services or Products;
i) display or publish the Products or Services, including without limitation on any website or service, or use the Products or Services to create, develop, produce or sell substantially similar goods or services;
j) making any modifications, adaptations, improvements, enhancements, translations or derivative works of the Products or Services;
k) mask the origin of any content transmitted through the Services, or obscure or distort information about your account in the Services;
l) causing any automated system (s) to access the Services in such a way that it sends more request messages to the servers of the Service in a certain period of time than a person can reasonably create in the same period using a regular web browser ( for example, Denial-of-Service attack);
m) data extraction, scanning, forwarding or compilation of data for any purpose other than that permitted under this EULA;
n) infringing or using any proprietary information or interfaces of the Products or Services or other intellectual property of the Products or Services for any reason not permitted by this License Agreement; or
o) attempt to delete or obscure any proprietary communications about the Products or Services.
17. Warranties You Provide
You warrant and represent to zMEET that you: (a) are authorized to consent to the terms of this EULA, (b) are not infringing the intellectual property rights or violating the privacy of third parties whenever you provide User Generated Content on or through the Services, and (c) own or are fully authorized to transmit all such User Generated Content through the Services.
This Section 18 (Indemnification) is a "stand-alone" indemnification provision in that it shall neither supersede nor be subordinate to the indemnification provision set forth in the zMEET Terms of Service.
19. Copyright Infringement Assertions
If you have a "good faith" belief that third-party content provided on zMEET infringes your intellectual property rights, and you want zMEET to review the alleged infringing content, you must provide us with the following information: (a) specificity; your protected work, which you reasonably believe has been violated; (b) identify content that you reasonably believe infringes your protected work, including sufficient information for zMEET to be able to find infringing content; (c) provide your contact information, including full name, postal address, telephone number and e-mail address; (d) provide a written statement that you have a "good faith" belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) make the following statement: "I swear, under penalty of perjury, that the information in this notice and complaint is accurate and that I am the copyright owner or authorized to act on behalf of the infringing copyright owner."; (f) provide your signature in the notice (or electronic signature); (g) send your notice to our designated agent by both mail and e-mail to the following addresses:
Ukraine, Kyiv Kavkazka st. 11. zLab office
20. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, zMEET(ON BEHALF OF ITSELF AND THE zMEET PARTIES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE OF THE PRODUCTS AND SERVICES AND OUR SITE. zMEET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE PRODUCTS, SERVICES, OUR SITE, OR THE CONTENT OF ANY SITES LINKED TO OUR SITE. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. zMEET DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICES MAY BE INTERCEPTED BY THIRD PARTIES. THE zMEET PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE zMEET PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
21. Limitation of Liability
IN NO EVENT SHALL ANY OF THE zMEET PARTIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND zMEET'S CONTROL; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PRODUCTS OR SERVICES; (III) LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF zMEET'S PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF zMEET'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS OR SERVICES BY ANY THIRD PARTY; AND (VII) ANY LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES SHARED THROUGH OUR SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT zMEET, OR ANY OTHER PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE zMEET PARTIES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
If a court of competent jurisdiction determines that any provision of this EULA is invalid or unenforceable for any reason, that provision shall be severed from this EULA (in that jurisdiction only) and the remainder of the EULA will continue in full force and effect. Delay or failure to enforce or insist on strict compliance with any of the provisions of this EULA will not constitute a waiver of that or any other provision or otherwise modify this EULA. zMEET's waiver of any right related to this EULA must be express and in writing in order to be valid; any waiver by zMEET on one occasion will not waive any other right, constitute a continuing waiver, or waive that right on any other occasion. You should consult with your attorney before agreeing to the terms of this EULA. Your agreement to this EULA constitutes your affirmation that you have consulted with, or have had the opportunity to consult with, your attorney regarding this EULA. Therefore, no rule of construction or interpretation that disfavors the drafting party will apply to interpretation of this EULA.
23. Beta Services
zMEET may, from time to time, offer access to services that are classified as a Beta version, which means we are testing and learning from versions that are pre-production and do not fall under our zMEET Service Level Agreement. Access to and use of Beta versions may be subject to additional agreements. zMEET 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.
The EULA remains effective for so long as your User Account remains active, or your Organization's subscription(s) remain active, whichever is longer. Upon expiration or termination of this EULA, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive, including, without limitation, Sections 18 (Indemnification), 20 (Warranty Disclaimer), 21 (Limitation of Liability), 22 (Severability/Waiver/Construction).
25. zMEET Community Policies
zMEET strives to provide a positive, stimulating and safe environment for encouraging collaboration. We believe that almost all of our users will naturally contribute to promoting such an environment, but as a reminder, here are some guidelines (not intended to be comprehensive) to keep in mind.
No Bullying and/or Harassment - zMEET allows users to speak freely on matters and people of public interest, but we strive to take action on reports of abusive, harassing, threatening, or defamatory behavior directed at individuals. Repeatedly targeting users with unwanted friend requests or messages is a form of harassment.
Sharing, posting, or transmitting any material or communication that is designed to provoke, harass, upset, embarrass, or antagonize anyone (including zMEET staff or other users), especially trolling, bullying, or intimidating, is strictly prohibited within any Service of zMEET; Do not impersonate - zMEET requests users use their real names and account identities when using the Services. Users are prohibited from publishing the personal information of others without their consent.
Claiming to be another person, creating a false presence for an organization or person, or creating multiple accounts undermines community and violates zMEET's EULA.
No Hateful Speech - zMEET does not permit use of the Services to disseminate hateful speech or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events, and practices, zMEET does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, familial status, disability or medical condition, or other protected class.
Graphic Content - zMEET can be a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence will not be tolerated on our Services.
Nudity - zMEET has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose limitations on the display of nudity.
Intellectual Property - Before sharing content on zMEET, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights including, but not limited to, not conducting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Phishing and Spam - We take the safety of our users seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our other users by not contacting them for commercial purposes without their consent.