Catch Terms of Service
Effective October 25, 2016
1. Your Agreement with Catch
1.1 Your use of the Catch service is governed by this agreement (the "Terms"). "Catch" means Catch an Ontario General Partnership involved in providing the Catch Service. The “Catch Services” means the service that Catch makes available through this website, including this website, the Catch video platform, Catch desktop and mobile apps, and any other software or services offered by Catch in connection to any of those.
1.2 In order to use the Catch Service, you must first agree to the Terms. You can agree to the Terms by actually using the Catch Service. You understand and agree that Catch will treat your use of the Catch Service as acceptance of the Terms from that point onwards.
1.3 You may not use the Catch Service if you are a person barred from receiving the Catch Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Catch Service. You affirm that you are over the age of 13, as the Catch Service is not intended for children under 13.
1.4 You agree your purchases of the Catch Service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Catch or any of its affiliates regarding future functionality or features.
2. Your Account and Use of the Catch Service
2.1 You must provide accurate and complete registration information any time you register to use the Catch Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Catch immediately.
2.2 Your use of the Catch Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Catch Service by any means other than through the interface that is provided by Catch in connection with the Catch Service, unless you have been specifically allowed to do so in a separate agreement with Catch, or (b) engage in any activity that interferes with or disrupts the Catch Service (or the servers and networks which are connected to the Service).
2.5 You may use the Catch Service only to communicate with people via video messages. You may not access the Catch Service for the purpose of bringing an intellectual property infringement claim against Catch or for the purpose of creating a product or service competitive with the Catch Service.
3. Service Policies and Privacy
3.1 You agree to comply with the Catch Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of Contacts you receive messages from. You must not rebroadcast messages sent to you using the Catch Service.cies.
3.4 You agree not to use the service to send unwanted messages.
4. Fees for Use of the Catch Service
4.1 To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Catch in accordance with the terms set forth on the Site (currently, vdq.co/pricing) and this TOS, and you authorize Catch or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
4.2 If you dispute any charges you must let Catch know within sixty (60) days after the date that Catch invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. CAtch may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services.
5. Content on the Catch Service and Take Down Obligations
5.1 You understand that all information (video, audio, written text or images) to which you may have access as part of, or through your use of, the Catch Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
5.2 Catch reserves the right (but shall have no obligation) to remove any or all Content from the Catch Service. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Catch. In the event that you elect not to comply with a request from Catch to take down certain Content, Catch reserves the right to directly take down such Content.
5.3 You agree that you are solely responsible for (and that Catch has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Catch Service and for the consequences of your actions (including any loss or damage which Catch may suffer) by doing so.
6. Proprietary Rights
6.1 You acknowledge and agree that Catch (or Catch’s licensors) own all legal right, title and interest in and to the Catch Service, including any intellectual property rights which subsist in the Catch Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7. License from Catch and Restrictions
7.1 Catch gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Catch as part of the Catch Service as provided to you by Catch. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Catch Service as provided by Catch, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Catch Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Catch, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Catch Service.
7.3 Open source software licenses for components of the Catch Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Catch for the use of the components of the Catch Service released under an open source license.
8. License from You
8.1 Catch claims no ownership or control over any Content. You retain copyright and any other rights you already hold in the Content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Catch Service you give Catch a worldwide, royalty-free, and non-exclusive license to distribute such Content for the sole purpose of enabling Catch to provide you with the Catch Service.
8.2 By adding a contact, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to view Content as permitted by the relevant Catch Service functionality or features for the sole purpose of communicating between you and the contact.
8.3 You may choose to or we may invite you to submit comments or ideas about the Catch Service, including without limitation about how to improve the Catch Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Catch under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Catch, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Catch Service.
9.1 Catch may, and you grant us permission to, make recommendations via the Catch Service for products or services we think may be of interest to you based on your use of the Catch Service.
10. Modification and Termination of the Catch Service
10.1 Catch is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Catch Service which Catch provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Catch Service will be effective with respect to all versions of the Catch Service; examples of changes to the form and nature of the Catch Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2 You may terminate these Terms at any time by canceling your account on the Catch Service. You will not receive any refunds if you cancel your account.
10.3 You agree that Catch, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Catch Service may be without prior notice, and you agree that Catch will not be liable to you or any third party for such termination.
10.4 Upon any termination of the Catch Service or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT CATCH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CATCH SERVICE IS AT YOUR SOLE RISK AND THAT THE CATCH SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.3 CATCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE CATCH SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CATCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE CATCH SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE CATCH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE Catch Service WILL BE ACCURATE.
12. LIMITATION OF LIABILITY
12.1 SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CATCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
12.2 THE LIMITATIONS ON CATCH'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT CATCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 You agree to hold harmless and indemnify Catch, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Catch and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Catch Service, (c) your violation of applicable laws, rules or regulations in connection with the Catch Service, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Catch will provide you with written notice of such claim, suit or action.
14. Copyright Policy
14.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Catch’s policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
15. Other Content
15.1 The Catch Service may include hyperlinks to other web sites or content or resources or email content. Catch may have no control over any web sites or resources which are provided by companies or persons other than Catch.
15.2 You acknowledge and agree that Catch is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16. Changes to the Terms
16.1 Catch may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
16.2 You understand and agree that if you use the Catch Service after the date on which the Terms have changed, Catch will treat your use as acceptance of the updated Terms.
17. General Legal Terms
17.1 The Terms constitute the whole legal agreement between you and Catch and govern your use of the Catch Service (but excluding any services which Catch may provide to you under a separate written agreement), and completely replace any prior agreements between you and Catch in relation to the Catch Service.
17.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
17.3 If Catch provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
17.4 You agree that Catch may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Catch Service. By providing Catch your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
17.5 You agree that if Catch does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Catch has the benefit of under any applicable law), this will not be taken to be a formal waiver of Catch’s rights and that those rights or remedies will still be available to Catch.
17.6 Catch shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17.7 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Catch Service upon written notice to the assigning party.
This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Catch or its use of the work.