AGREEMENT BETWEEN USER AND Captivue
Captivue consists of various Web pages operated by Captivue.
Captivue is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Captivue constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Captivue reserves the right to change the terms, conditions, and notices under which Captivue is offered, including but not limited to the charges associated with the use of Captivue.
LINKS TO THIRD-PARTY SITES
Captivue may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the con trol of Captivue, and Captivue is not responsible for the contents of any Linked Site, including without limitation of any link contained in a Linked Site, or any changes or updates to a Linked Site. Captivue is not responsible for webcasting or any other form of transmission received from any Linked Site. Captivue is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Captivue of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Captivue, you warrant to Captivue that you will not use Captivue for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Captivue in any manner which could damage, disable, overburden, or impair Captivue or interfere with any other party's use of Captivue. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Captivue. You agree to be solely responsible for the contents of your transmissions through Captivue. You agree not to use Captivue for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. We reserve the right to terminate your access to Captivue if there are reasonable grounds to believe that you have used the product and services for any illegal or unauthorized activity.
USE OF COMMUNICATION SERVICES
Captivue may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Captivue has no obligation to monitor the Communication Services. However, Captivue reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Captivue reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Captivue reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Captivue's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Captivue does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Captivue specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Captivue spokespersons, and their views do not necessarily reflect those of Captivue.
Materials uploaded to a Communication Service may be subjected to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Captivue OR POSTED AT ANY Captivue WEBSITE
The ownership of the materials you provide to Captivue (including feedback and suggestions) or post, upload, input, or submit to any Captivue Website or its associated services (collectively "Submissions") is yours, the “user”. However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Captivue, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Captivue is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Captivue's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Fair Usage Policy
As part of our commitment to providing a high-quality, fast and reliable service, Captivue has a Fair Usage Policy for us and all our users to abide by. Captivue takes measures to ensure usage is within reasonable parameters and in accordance with the license.
Captivue does not sell your data. All data collected from your usage falls under your ownership. Usage of Captivue is monitored on a continuous basis. Only customers that consistently generate exceptionally high loads over a sustained period of time will be affected by this policy. This is currently defined as per the limits detailed below, although Captivue reserves the right to amend these limits.
The Fair Usage Policy covers the use of Captivue. Usage of Captivue is charged monthly or annually on a per-customer basis. The Fair Usage Policy of the product is based on the pricing tier. The Fair Usage Policy is governed based on limits defined in the pricing tier. If a customer repeatedly exceeds this Fair Usage Policy, Captivue reserves the right to restrict service or levy charges for excessive usage.
This Fair Usage Policy may be updated from time to time, and the latest version will be made available on this page.
Fair Usage during the free trial
The Trial period allows users to try the Premium features without having to pay for a period of 15 days. This is purely meant for users who wish to see if Captivue fits your needs before making the payment. We reserve the right to lock down suspicious accounts if unfair use is detected.
Captivue provides up to 1GB data with its free trial. At any point, if you require more, you can send your requisition of the same to Captivue, and Captivue will grant you additional space at a nominal cost.
If you register for a free trial, Captivue will make the applicable features available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable features (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable features, or (iii) termination by Captivue in its sole discretion. Any data that you enter into the Captivue System and any customizations made during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable plans, or (iii) export such data at your sole discretion before the end of the trial period.
Fair usage of free plan (“Lite” plan)
HROnTip’s free plan allows users to use and benefit from specific features without having to pay. This is purely meant for users who wish to see if Captivue fits your needs before upgrading to our paid plans. If unfair use is detected, we reserve the right to lock down suspicious accounts. Captivue provides up to 1GB data with the free plan. At any point, if you require more, you can send your requisition of the same to Captivue, and Captivue will grant you the same at a nominal cost.
Communication
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website.
When you submit your phone number while registering for our service, you consent to receive SMS/calls on that number for communication-related to OTP generation for security confirmations, password resets, and other site-related communication.
Please note that we will never send you any unsolicited text message on your mobile phone. Captivue does not charge any fee for you to receive any text message from us. However, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Captivue WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Captivue AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Captivue WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Captivue WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Captivue AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE Captivue WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Captivue AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Captivue AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Captivue, WITH THE DELAY OR INABILITY TO USE Captivue OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Captivue, OR OTHERWISE ARISING OUT OF THE USE OF Captivue, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Captivue OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Captivue WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Captivue.
SERVICE CONTACT : [email protected]
TERMINATION/ACCESS RESTRICTION
Captivue reserves the right, in its sole discretion, to terminate your access to Captivue and the related services or any portion thereof at any time, without notice.
Governing Law and Jurisdiction:
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in New Haven, Connecticut, which shall have exclusive jurisdiction over all disputes arising out of or relating to the use of Captivue. Use of Captivue is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Captivue as a result of this agreement or use of the Captivue Website. Captivue's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Captivue's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Captivue or information provided to or gathered by Captivue with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law—including, but not limited to, the warranty disclaimers and liability limitations set forth above—then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Captivue with respect to the Captivue Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Captivue with respect to the Captivue Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Captivue Website are © 2024 Captivue. All Rights Reserved. And/or its suppliers. All rights reserved. The materials contained in Captivue are protected by applicable copyright and trademark law.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
