Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the site todaysmeet.com (“TodaysMeet” or the “Site”). This Agreement governs your use of TodaysMeet and constitutes a legally-binding agreement between you and TodaysMeet, LLC (“we”, “us”, or “our”). If you have any questions about this Agreement please send us a note at firstname.lastname@example.org.
We reserve the right to revise and amend this Agreement from time to time in our sole discretion. Any changes to this Agreement will be posted on our website at https://todaysmeet.com/about/terms. If you are a registered TodaysMeet user, we will attempt to notify you of material modifications to this Agreement when you log onto TodaysMeet. However, you should periodically check this Agreement for any modifications. If you do not agree to any modifications to this Agreement, your sole remedy is not to use the Site.
TodaysMeet consists of interactive features and areas that allow users to post, transmit and/or store text, or other materials (collectively, "User Content"). Chat rooms and discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and you acknowledge and agree that we shall not have any responsibility for the User Content of any discussion group, or materials or articles contained therein, that may be accessed on or through TodaysMeet. You understand that TodaysMeet acts as a passive conduit for, and does not control, or attempt to control, any User Content. If you create a room, post to a room, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site, you acknowledge that you are entirely responsible for the User Content and any consequences resulting thereof. The User Content you submit, post, or display will be able to be viewed by other users of the Service. You should only provide User Content that you are comfortable sharing with others under this Agreement.
You represent and warrant that you will not upload, post or otherwise transmit any User Content to or through the Site that infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or TodaysMeet rule or policy.
TodaysMeet also provides Teacher Tools to its users, which provides to teachers and other educators greater management of TodaysMeet rooms to enhance the classroom experience.
You will be charged $5.00 per month (the “Monthly Membership Fee”) if you sign up for Teacher Tools. By signing up, you authorize us to charge you a Monthly Membership Fee and any other charges you may incur in connection with your use of the TodaysMeet services.
You acknowledge that you will be responsible for paying the Monthly Membership Fee until you cancel your TodaysMeet subscription. If you cancel your TodaysMeet subscription after we send you a bill for a Monthly Membership Fee, we will reimburse you a prorated amount of that fee.
You may edit your payment method information by accessing your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, our third-party payment processing service, Stripe, will cancel your subscription.
We reserve the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to Teacher Tools will take effect following an email notice to you.
Where you open a room (or multiple rooms) that result in 500 or more concurrent connections, we reserve the right to suspend any or all such rooms if the use places an unreasonable strain on the Site or our servers. We will do our best to notify you under such a circumstances. If you anticipate using TodaysMeet for large groups, please contact email@example.com and we will work with you to create a customized plan to match your needs.
If you choose to create a user account you must provide us with an email address and a password. In order to create a TodaysMeet account, you need to be 18 or older, or be 13 or older and have your parent or guardian’s consent to this Agreement, and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that have not been previously suspended or removed from the Site and warrant that: (i) the information you provide to us is accurate and complete; (ii) you will keep your password secure; and (iii) you will notify us of any suspected breach of security or unauthorized use of your account. You cannot transfer your TodaysMeet account.
The design, layout, and source code of the Site are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights, or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Site during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
Any use of the Site other than as specifically authorized in this Agreement, without the prior written permission of TodaysMeet, is strictly prohibited and will terminate the license to use TodaysMeet granted in this Agreement.
TodaysMeet is provided only for your own personal use. You are responsible for all of your activity in connection with the Site. As a condition to of your use of the Site, you agree to comply with all United States and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
If a user has uploaded any information to TodaysMeet that infringes your intellectual property rights, you should send us a request to take down the content at firstname.lastname@example.org. Any such complaints or requests should include your name, your mailing address, your telephone number, your email address, and your physical or electronic signature.
If you send us a request to take down content that infringes upon your copyright, your request should include:
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): James Socol.
Copyright complaints and requests can be sent directly to this agent or to email@example.com. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the username for your account and the name of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile, and will send a notice to the other TodaysMeet user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at firstname.lastname@example.org. Any Counter Notice should include:
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, you must immediately stop using the Site and you agree not to attempt to regain access to the Site without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. We reserve the right to block access to the Site to anyone for any reason at any time. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
You may choose to terminate your account with TodaysMeet at any time by contacting email@example.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
We utilize links and other tools to connect users to third party services and websites, such as Google Account Services for user authentication and Stripe to process payments (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through TodaysMeet are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “TODAYSMEET PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS RISKY AND THAT ALL RISKS RELATED TO YOUR USE OF THE SITE AND ANY THIRD PARTY SOFTWARE ARE ASSUMED SOLELY BY YOU.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL THE TODAYSMEET PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIABILITY OF THE TODAYSMEET PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the TodaysMeet Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule or regulation, or the rights of any third party.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing the TodaysMeet in an unauthorized manner. You acknowledge that under this Agreement by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed the TodaysMeet in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and TodaysMeet as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
You and TodaysMeet agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND TODAYSMEET HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and TodaysMeet agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND TODAYSMEET WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
We shall not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
TodaysMeet is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by US law, you are transferring your personal information to the United States and you consent to that transfer.
We welcome comments, questions, concerns, or suggestions. Please contact us at: firstname.lastname@example.org.
EFFECTIVE DATE: December 13, 2014