Term of Use

Terms of Use

1. DESCRIPTION OF PRODUCT

2. REGISTRATION

3.1 Description of Service

3.2 Fees and Payments

3.3 Credit Cards

3.4 Trial Offers and Special Offers

4. USER CONDUCT AND PROPRIETARY RIGHTS

4.1 No Resale or Commercial Use of the Product

4.3 Proprietary Rights

6. MODIFICATIONS

7. PASSWORD AND SECURITY

9. DISCLAIMER OF WARRANTIES

10. LIMITATION OF LIABILITY

11. INDEMNIFICATION

12. GENERAL TERMS

IMPORTANT – READ CAREFULLY: BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. The Oneeko product (the "Product") is owned and operated by Genomni Corporation ("GENOMNI"), and is provided to you ("You") under the terms and conditions of these Oneeko Terms of Service ("Terms"), which include Oneeko’s Privacy Policy and Registration Form, available through the hyperlinks set forth below and are incorporated herein by reference.

1. DESCRIPTION OF PRODUCT

Oneeko uses a very simple 2-button approach that allows individuals and organizations to share their screens on-line for sales (presentations and product demos) and any other type of one-to-one online collaboration.

2. REGISTRATION

To use the Product, You must submit a complete GENOMNI Oneeko registration, (the "Registration Form"), on Your behalf. As part of the registration process for the Product, You agree to: (1) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If GENONMI discovers that any of Your Registration Data is inaccurate, incomplete or not current, GENOMNI may terminate Your right to access and receive the Product immediately upon notice. GENOMNI will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. GENOMNI may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. GENOMNI reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. GENOMNI need not provide a reason for its rejection. If GENOMNI rejects Your application, then You may reapply and GENOMNI will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to GENOMNI, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with GENOMNI and will become a subscriber to the Oneeko Service.

3.1 Description of Service

Oneeko uses a very simple 2-button approach that allows individuals and organizations to share their screens on-line for sales (presentations and product demos) and any other type of one-to-one online collaboration. To use the Service, you will need to download the "Oneeko Host" software to your PC. Each guest that you wish to invite to your screen sharing session must also maintain a connection with the Internet.

3.2 Fees and Payments

Oneeko is offered on a free and paid subscription services basis to users. Paid-subscription services are available on prepaid month-to-month subscription basis or on longer term commitment such as one-year or two-year contracts. When You choose to upgrade to a paid subscription service, You may choose to subscribe to a month-to-month service plan, or may choose to pre-pay for a year (or longer) in order to receive a discounted subscription fee. If You subscribe to a paid-subscription service, your subscription will renew annually with a notice sent to You in advance. To cancel, notice must be sent to GENOMNI through sales@oneeko.com. If there are any annual or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for Oneeko.com, or subsequently designated to GENOMNI at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your subscription for Oneeko.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. GENOMNI may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user id and password will be billed to the credit card designated during the registration process for Oneeko.com or subsequently designated to GENOMNI. You also are responsible for any fees or charges incurred to access Oneeko.com through an Internet access provider or other third party Services. YOU, AND NOT GENOMNI, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

3.3 Credit Cards

As a condition to your right to use the Services, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Services Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize GENOMNI, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.

3.4 Trial Offers and Special Offers

GENOMNI reserves the right to discontinue or modify coupons and special promotional offers at our discretion. GENONMI encourages the use of the Oneeko service through our free trial and free ad-sponsored basic-service subscriptions. The Free Trial offer associated with Oneeko entitles new, registered subscribers to a free trial of the service during the trial period. Free Trial terms vary by promotional offer.

4. USER CONDUCT AND PROPRIETARY RIGHTS

4.1 No Resale or Commercial Use of the Product

Your right to use the Product is personal to You. You may be either a corporation or business or public entity, but You agree not to resell the use of the Product, any downloadable plug-in or other materials or any information obtained by You without the express written consent of GENOMNI.

You are solely responsible for the content of Your transmissions through the Product. GENOMNI does, however, reserve the right to take any action with respect to the Product that GENOMNI deems necessary or appropriate in GENOMNI's sole discretion if GENOMNI believes You or Your transmissions or use of the Product may create liability for GENOMNI. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:

(1) to comply with all United States laws, rules and other regulations applicable in connection with the Product;
(2) not to use the Product for illegal purposes;
(3) not to interfere or disrupt networks connected to the Product;
(4) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
(5) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems.

4.3 Proprietary Rights

In accordance with Your authorized use of the Product, GENOMNI grants You a limited license to use the software solely in connection with the Product offered by GENOMNI. By downloading the software, You are consenting to be bound by and are a party to the limited license. GENOMNI is not transferring title to the software to you. The software is made available for download solely for use by You according to the limited license. Any reproduction or redistribution of the software not in accordance with the limited license is expressly prohibited by law, and may result in severe civil and criminal penalties. You acknowledge that the software downloaded in connection with the Product is proprietary to GENOMNI and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws. Therefore, You are only permitted to use the software as expressly authorized by GENOMNI and these Terms. You may not copy, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form. You may not reproduce, distribute or create derivative works based on the software without expressly being authorized to do so by GENOMNI. Further, You may not alter, modify, or otherwise attempt to derive source code from the software or rent, lease, grant a security interest in or otherwise transfer rights to the software. All rights not expressly granted in these Terms are reserved by GENOMNI. Further, Oneeko, GENOMNI, associated logos, and other names, logos, icons and marks identifying GENOMNI's products are trademarks of GENOMNI and may not be used without the prior written permission of GENOMNI. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders.

GENOMNI will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when:
(1) We have Your consent to share the information or
(2) We find that Your actions on our Web site violate this Terms of Services or
(3) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as GENOMNI, in its sole discretion, believes necessary or appropriate. More information on GENOMNI’S current privacy policy can be found at Oneeko's Privacy Policy.

6. MODIFICATIONS

GENOMNI may amend these Terms at any time by:

(i) posting a revised Terms of Use document on http://www.oneeko.com, and/or
(ii) sending information regarding the Terms amendment to the email address You provide to GENOMNI. You are responsible for regularly reviewing the http://www.oneeko.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, GENOMNI reserves the right to modify or discontinue the Product with or without notice to You. GENOMNI shall not be liable to You or any third party should GENOMNI exercise its right to modify or discontinue the Product.

7. PASSWORD AND SECURITY

As part of the registration process, You will create an account as Your user name and You will choose Your passwords for access to this account and to your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify GENOMNI of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised. GENOMNI, the creator of Oneeko, will never send you an email asking for your Oneeko User ID and password or your Windows username and password. To keep your Oneeko access secure, keep your ID and passwords confidential.

8. TERMINATION

GENOMNI may immediately terminate Your membership and right to use the Product if:

(a) You breach these Terms;
(b) GENOMNI is unable to verify or authenticate any information You provide to GENOMNI; (c) such information is inaccurate; or
(d) GENOMNI decides, in its sole discretion, to discontinue offering the Product.

GENOMNI shall not be liable to You or any third party for termination of the Product. You may terminate this agreement at any time, for any reason or for no reason, effective immediately upon written notice to GENOMNI. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately:

(a) discontinue use of the Product;
(b) terminate your subscription; and
(c) notify GENOMNI of termination.

Upon expiration or termination for any reason, You are no longer authorized to use the Product.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. GENOMNI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GENOMNI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES GENOMNI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENOMNI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

GENOMI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY GENOMNI PRODUCT OR SERVICES., EVEN IF GENOMNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GENOMNI’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOINT YOU PAID TO GENOMNI, IF ANY, FOR THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You hereby agree, at Your expense, to indemnify, defend and hold GENOMNI harmless from and against any and all liabilities, loss, cost, damages, or expense arising out of or relating to:

(a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You;
(b) any fraud or manipulation, or other breach of these Terms by You; or
(c) any third-party claim, action or allegation brought against GENOMNI arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

12. GENERAL TERMS

These Terms are governed in all respects by the laws of the Canada as such laws are applied. Both parties submit to personal jurisdiction in Canada and further agree that any cause of action relating to these Terms shall be brought in a court in the Province of Quebec, Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. GENOMNI's failure to act with respect to a breach by You does not waive GENOMNI's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. GENOMNI shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond GENOMNI's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Use.

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