Website
Terms of Use
(Updated on June 21, 2016)-
IMPORTANT-READ CAREFULLY
The TERMS OF USE (“TOU”) is a legal agreement between you (in your individual capacity or the entity or entities on whose behalf you are accessing and using the Website (as defined below), as applicable ) (“You” or “Your”) and 8x8, Inc. or the applicable 8x8 affiliate associated with the Website (“8x8”). Your access to and use of 8x8 websites, and the services available on the websites, (collectively, “Website”) is subject to, and governed by, the TOU. Be sure to carefully read and understand all of the rights and restrictions delineated in the TOU. For Your reference, You may print the TOU by using the “Print” option on Your browser. By accessing the Website, You confirm Your agreement to and acceptance of the TOU. IF YOU DO NOT ACCEPT THE TOU, YOU SHOULD NOT USE OR ACCESS THE WEBSITE. 8x8 reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the “Terms & Conditions” link at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN 8X8 WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD(S) PROTECTED WEBSITES, MAY CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND IN SUCH CASE THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL SUPERSEDE THE TOU AND GOVERN.
1. Access.
1.1. 8x8 has the right, but not the duty, to investigate and take any action it deems appropriate, including but not limited to termination or suspension of Your access to the Website, without notice or liability, for any conduct that 8x8, in its sole discretion, believes is in violation of the TOU or any applicable law or regulation or is harmful to the interests of another user, a third-party provider, a service provider or 8x8. 8x8 makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where applicable legislation provides that the content or use of the Website is illegal. You choose to use the Website at Your own risk and on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws and regulations.
1.2. Restrictions. Without limiting the generality of the foregoing, You acknowledge that 8x8 expressly prohibits and You agree not to: (a) use the Website (including by posting Third Party Content), in a manner that is actually or potentially false, inaccurate, misleading, libelous, defamatory, threatening, harmful, abusive, harassing, discriminatory, hateful, vulgar, sexually-oriented, indecent, obscene, otherwise objectionable, in violation of any third party intellectual property rights (including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others) or privacy rights of any person, or is otherwise unlawful under any applicable law or regulation; (b) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (c) download a file or software or include on the Website any content, software, files or links that You know, or have reason to believe, cannot be distributed legally over the Website; (d) harass, stalk or otherwise subject any other user of the Website to unwanted and/or inappropriate contact; (e) post, transmit or make “spam,” unsolicited messages or communications, including mail, e-mail, phone calls, texts or faxes, and/or advertise or telemarket any products or services either by directly posting on the Website or by making unsolicited contact with any user via email, telephone, text, postal mail or any other method of communication; (f) advocate illegal activity or discuss an intent to commit an illegal act; (g) take any action to circumvent or attempt to circumvent the security and access control measures of the Website; (h) make any changes, additions and/or deletions to any of the Third Party Content posted by any user without the express written authorization of such other user; (i) include any misleading, irrelevant and/or hidden keywords in any Third Party Content posted by You; (j) frame or link to the Website any of the content or information available from the Website unless 8x8 expressly consents in writing to such linking and/or framing; (k) intentionally expose the Website to any computer virus, corrupted data, or any other program or code intended to disrupt or disable operation of the Website; (l) use any robot, spider or other program or device to retrieve or index any portion of the Website; (m) harvest or otherwise collect information about other users for any purpose other than use of the Website as expressly permitted herein; (n) distribute, reproduce, duplicate, copy, transfer, modify, license, sell, trade, or resell any content, unless 8x8 expressly agrees otherwise in writing; (o) use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Website in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo; or (p) engage in any other conduct that (1) restricts, prevents or inhibits anyone’s use or enjoyment of the Website, or which, as determined by 8x8, may harm 8x8 or users of the Website or expose them to liability; (2) interferes with, disrupts, disables, damages, or overburdens the Website or associated servers, networks, or software; or (3) damages any 8x8 or third party property, information or software, including, without limitation, 8x8’s confidential information and Third Party Content.
2. Intellectual Property.
2.1. Copyright. 8x8, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that 8x8 has the right to do so without compensation to third parties, and except for material specifically provided under other terms, 8x8 grants You permission to copy materials on the Website solely for Your non-commercial use in support of 8x8 products or services. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without 8x8’s permission, “mirror” any material contained on the Website or any other server. All rights not expressly granted are reserved by 8x8 and, except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other Intellectual Property right of 8x8 or any third party. “Intellectual Property ” means any and all: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and maskworks, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, algorithms, designs and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing). You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of 8x8 in any type of patent infringement proceeding. Your failure to comply with this prohibition constitutes copyright infringement of the materials at issue. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.
2.2. Trademarks. 8x8 and the 8x8 logo are trademarks or service marks, registered or not, of 8x8. Nothing in the Website may be interpreted to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to 8x8 or third party suppliers, without the prior written permission of 8x8. All other trademarks are the property of their respective owners.
2.3. It is 8x8’s policy to respond to notices of alleged copyright or trademark infringement that comply with applicable international intellectual property law (including, without limitation, in the United States the Digital Millennium Copyright Act) and, where appropriate and at 8x8’s sole discretion, to terminate the accounts or subscription of repeat infringers. If You would like to send 8x8 an alleged copyright or trademark infringement notice as it pertains to the Website, please submit a notice with the following information via email at feedback@8x8.com (or such successor email address as designated by 8x8) or if You have trouble sending an email to the above email address, then You may contact 8x8 for further information at 408-727-1885: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by this single notification, a representative list of such works at the site; (b) the URL of the website(s); (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (d) Your contact information, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (e) include a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) include a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (g) sign the letter and submit to the email above or at 8x8, Inc., Attn: Legal Department, 675 Creekside Way, Campbell, CA 95008 USA. 8x8 or it’s suppliers may, in appropriate circumstances and at its discretion, do the following: a) disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others; and/or b) remove content which infringes the intellectual property rights of others.
3. Communications and Information Provided to 8x8.
3.1. 8x8 does not want You to, and You should not, send or post any confidential or proprietary information to 8x8 via the Website (including via submission of an email, chat message, filling out a service request or any other method of submission or posting). Unless otherwise agreed to by 8x8 in writing, any submission or posting of Third Party Content or the like by You to 8x8 or the Website shall be deemed to be non-proprietary and non-confidential, and You otherwise grant 8x8 an unrestricted, nonexclusive, worldwide, royalty-free, irrevocable, transferable license to (in any media now known or not currently known or invented) under any and all of Your Intellectual Property rights to record, link to, use, copy, duplicate, reproduce, display, perform, modify, transmit, distribute, make, have made, sell, and/or otherwise exploit any and all such Third Party Content or derivative works thereof and to sublicense those rights through multiple tiers of sublicensees. Notwithstanding anything herein to the contrary, You hereby assign to 8x8 all right, title and interest worldwide in all Intellectual Property rights in and to any new feature improvement or idea that You may suggest, post or submit to 8x8 relating to 8x8 or third party products, services or Websites (collectively, “Feedback”), and You acknowledge and agree that 8x8 shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, services or Websites incorporating such information.
3.2. Third Party Content. “Third Party Content” means, collectively: (a) content and information licensed by 8x8 from third parties for display, access, use or download via the Website, and (b) questions, comments, suggestions, content, information, material, software, including in partial or complete form or in source code or binary object code format, or the like posted, uploaded or submitted to the Website by You or other third party users of the Website. Some Third Party Content may be licensed by 8x8 for use on the Website. Such Third Party Content shall be subject to the license set forth above unless otherwise agreed to in writing by 8x8 or such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. You acknowledge that You are solely responsible for the Third Party Content You post to the Website and that You, and not 8x8, will have full responsibility for the Third Party Content You post, including its legality, reliability, appropriateness, originality and copyright. By posting any Third Party Content to the Website that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), You warrant and represent that (i) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by the TOU, (ii) You have the rights necessary to grant the licenses and sublicenses described in the TOU, and (iii) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of Your Images. 8x8 reserves the right to pre-screen, refuse, flag, filter, or remove any Third Party Content posted on the Website, including any of Your Third Party Content, which 8x8, in its sole discretion, deems inconsistent with the TOU, including any Third Party Content 8x8 has been notified or has reason to believe constitutes intellectual property infringement. Notwithstanding any other provision in the TOU, 8x8 may take any such action(s) without notice or liability to You or any other party, although 8x8 will have no obligation or responsibility to take any such action or review Third Party Content that is posted on the Website. Accordingly, 8x8 assumes no liability for any action or inaction regarding transmissions, communications, or content provided by You or any third parties. 8X8 DISCLAIMS ALL WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3.3. Information provided by You via the Website, including by written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, You consent to such recordation and usage as described in Section 3.1, above.
3.4. Any personal data provided by You will be treated as set forth in Section 12 below.
4. Contact Methods, Consent and Opt-Out.
4.1 Agreement to calls and information sharing. You understand and agree that if You submit an inquiry to 8x8 through the Website, we may share the information that you provide, including but not limited to Your full name, email address, telephone number, and company name, with our affiliates or partners so that they may respond to Your inquiry. You authorize 8x8 to share Your information with affiliates and partners to respond to Your inquiry and otherwise provide You information regarding 8x8 and its products and services. YOU REPRESENT AND WARRANT THAT THE INFORMATION YOU SUBMIT,INCLUDING BUT NOT LIMITED TO THE TELEPHONE NUMBER, IS FOR A COMMERCIAL BUSINESS AND NOT FOR A RESIDENCE.
4.2 Consent to Method of Contact. By submitting Your contact information and request for information regarding 8x8 products and services, You are consenting to be contacted by 8x8 or one of its affiliates or partners by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if You have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company to deliver telemarketing messages. You understand that your agreement to be contacted via these methods is not a condition of purchasing any 8x8 products or services. You understand that 8x8 and its affiliates and partners may maintain the information You submitted to us even if You decide not to use 8x8’s products and services. In the event You no longer want to receive communications from