These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ContactCubed, LLC(“we,” “us” or “our”), concerning your access to and use of our recording software application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted. The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This application is distributed 'as is' and with no warranties of any kind, whether express or implied, including and without limitation, any warranty of merchantability or fitness for a particular purpose. The user (you) must assume the entire risk of using the software. In no event shall any individual, company or organization involved in any way in the development, sale or distribution of this application be liable for any damages whatsoever relating to the use, misuse, or inability to use this software (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other loss).'
USER REPRESENTATIONSCall Recordings: Certain features offered by C3 (e.g. Soft Phone Call Recording) allow the user to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state to state and country. User and its company are solely responsible for complying with all local, state, federal and international laws relevant in the jurisdiction you are calling when using the call recording feature. User and it hereby release and agree to hold harmless C3 from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using C3 services. C3 expressly disclaims all liability with respect to your recording of telephone conversations.
PROHIBITED ACTIVITIESYou may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Application, you agree not to:
- 1. Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 2. Circumvent, disable, or otherwise interfere with security-related features of the Application
- 3. Engage in unauthorized framing of or linking to the Application.
- 4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
- 5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 6. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.
- 7. Use the Application as part of any effort to compete with us or otherwise use the Application for any revenue-generating endeavor or commercial enterprise.
- 8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
- 9. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application
- 11. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
- 12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- 13. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.
- 14. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
- 15. Use the Application in a manner inconsistent with any applicable laws or regulations.