Terms and Conditions
(Last Updated February 8, 2019)
IMPORTANT - CAREFULLY READ ALL TERMS AND CONDITIONS BELOW (THE “AGREEMENT”) PRIOR TO ACCESSING THE SERVICES. THIS AGREEMENT GRANTS A NONEXCLUSIVE LICENSE TO ACCESS SERVICES PROVIDED BY BLUE JEANS NETWORK, INC. (“BJN” OR “BLUEJEANS”). IT ALSO IMPOSES CERTAIN RESTRICTIONS ON THE ACCESS TO AND USE OF THE SERVICES. BY CHECKING THE BOX AGREEING TO THE TERMS AND CONDITIONS AND/OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE TERMS HEREIN, (B) REPRESENT THAT YOU ARE NOT PURCHASING THE SERVICE FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, (C) REPRESENT THAT YOU ARE OF LEGAL AGE AND ARE OTHERWISE FULLY ABLE AND COMPETENT TO TO ENTER INTO A BINDING AGREEMENT AND HAVE AUTHORITY TO DO SO, (D) REPRESENT THAT ALL BILLING AND OTHER INFORMATION THAT YOU PROVIDE IS ACCURATE, AND (E) ACCEPT THIS AGREEMENT AND AGREE THAT THE LEGAL ENTITY YOU REPRESENT (“YOU” OR “CUSTOMER”) SHALL BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE TERMS HEREIN, DO NOT ACCEPT THIS AGREEMENT OR ACCESS THE SERVICES.
In addition, there are additional terms that are specific to the BJN Services or Plan being ordered; please see the “Plan-specific Terms” below.
To the extent that you are purchasing from a third party, Sections 1 and 2 below shall not apply.
1. PAYMENT, CANCELLATION and TERM
Your subscription will automatically renew and your payment instrument will be automatically charged every month (if you purchased a monthly subscription plan) or each year (if you purchased an annual subscription plan), unless you cancel before the end of the current subscription period. You can cancel by contacting BlueJeans’ Customer Support by calling (408) 791-2830 or submitting a case at [https://support.bluejeans.com/s/contactsupport], and the cancellation will take effect the day after the last day of the current subscription period (i.e., if on a monthly plan, at the end of the monthly period; if on an annual plan, at the end of the 12 month period from your Services start date). Charges are not refunded or prorated if service is terminated or modified before your billing cycle ends.
Service begins as soon as your initial payment is processed. If you have selected a monthly subscription plan, you will be charged the rate stated at the time of purchase, every month, until you or we cancel. If you have selected an annual plan, you will be charged the rate stated at the time of purchase, every year, until you or we cancel. BJN may change the pricing for your plan at the end of a billing cycle (i.e., if on a monthly plan, at the end of the monthly subscription term; if on an annual plan, at the end of the 12 month subscription term), but we will always notify you beforehand. Your payments are non-refundable and your service will continue until the end of that month’s billing period if on a monthly plan and until the end of the 12 month subscription term if you are on an annual plan. If you received any promotional pricing or features, please see the Promotion-specific terms and the Promotions section herein for promotion-specific details.
In addition to any other available remedies, BJN may terminate this Agreement and your access to the Service if you violate any of the terms, conditions and/or obligations of this Agreement.
2. PROMOTIONAL PRICING AND/OR FEATURES.
3. SERVICES AND SUPPORT.
4. RESTRICTIONS AND RESPONSIBILITIES
5. CONFIDENTIALITY; PROPRIETARY RIGHTS
6. WARRANTY AND DISCLAIMER
7. LIMITATION OF LIABILITY
- You shall not use the Service as an audio only bridge.
- If more than 35% of your total meetings in a given month consist of only PSTN participants, BJN has the right to terminate the Agreement and your access to the Services.
- Named Hosts/Hosts may be assigned to individual employees of Customer only, and may not be shared or used by anyone other than the employee assigned.
- Generic naming conventions for Named Hosts/Hosts is prohibited.
- Simultaneous meetings/video conferences by a Named Host/Host are prohibited.
- Any sale, resale, license, sublicense, rent, timeshare or transfer of Named Hosts/Hosts is prohibited.
- With your online purchase, BJN will endeavor to provide you with reasonable support services in accordance with the “Basic” support plan described at https://bluejeans.com/sites/default/files/pdf/Blue-Jeans-Advanced-Services-Data-Sheet.pdf.
- Each Meeting is limited to a maximum of four (4) hours.
- Basic technical support is included. If you require testing before a Meeting and/or assistance during a meeting, Meeting Assist Services if desired must be purchased for additional fees, and must be scheduled at least 7 days in advance.
- Meeting Assist details: $250 an hour with $125 incremental cost per 30 minutes per Session; minimum 2 hours ($500) per Meeting; you will be billed an additional $125 for each additional 30 minutes or portion thereof over the 2 hour minimum. Billing will occur within 30 days of the Meeting. Purchase of Meeting Assist Services does not guarantee any result.
- You acknowledge that you will use the Services via or in connection with Facebook, and that BJN does not control what you post to Facebook. Particularly in light of this, you understand and agree:
- You are responsible to understand and comply with Facebook's requirements and standards. You are responsible to review and agree to all of Facebook's policies, including, without limitation, Facebook’s Terms and Policies, which include Facebook’s Community Standards, Data Policy, and Statement of Rights and Responsibilities, prior to streaming or posting content via Facebook.
- You may display, perform, publish, stream, upload and store files, recordings, sound, music, graphics, trademarks, names, likenesses, photos, and/or images in connection with your use of the Services (“Content”). You represent and warrant that you own, or have the necessary rights or permissions to use and authorize the use of your Content. You grant BJN and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store, publish and display your Content in connection with providing the Services. You acknowledge and agree that, (a) BJN is not responsible in any manner for your Content, (b) you are solely responsible to retain adequate back-ups of your Content, (c) you assume all risk associated with your Content and the transmission of your Content, (d) you have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of your Content and (e) you are solely liable for any and all claims, damages, penalties, losses, and the like that arise from your Content.
- You agree that you are solely liable for any and all claims, damages, penalties, losses, and the like that arise from Content.
- You are solely responsible for obtaining services, applications, code, hardware or products provided by third parties (“Third Party Products”), including that provided by Facebook, needed to use the Service, and you agree that (a) BJN makes no representations and disclaims all warranties, express or implied, regarding Third Party Products, (b) BJN is not responsible and shall have no liability for Third Party Products or the unavailability of Third Party Products, (c) if Third Party Products are provided under a separate license or other agreement, such terms shall govern with respect to such Third Party Products, (d) you may be required to pay additional fees to the provider(s) of Third Party Products and (e) you agree to any additional requirements regarding your integration or use of Third Party Products.