The following Terms of Service (“Terms of Service”), govern your access to and use of the SessionRecap product available at sessionrecap.com (the “Site”) owned by EPEAK Studio USA Inc., 2945 Townsgate Road, Suite 200, Westlake Village, CA 91361, USA, as applicable. EPEAK Studio USA Inc. and its subsidiaries and affiliates are collectively referred hereto as “SessionRecap”, “we”, or “us”, and “you” means you as a User of the Site. “User” means any user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and payment terms, found here [insert link] (“Payment Terms”), which is incorporated herein by reference. The original language of these Terms of Service, as well as all other texts throughout the Site, is English. You further acknowledge, you have read and understood our Privacy Policy, found here [insert link]. If you do not want to agree to these Terms of Service or the Privacy Policy, you are prohibited from accessing or using the Site.
• The Site is offered and available to Users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the SessionRecap services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
• You undertake not to discriminate against any other User based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
• Only registered Users may use SessionRecap. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• User Generated Content (“UGC”) refers to the content uploaded to the Site by Users. SessionRecap does not check UGC for appropriateness, violations of copyright, trademarks, other rights or violations and the User uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading UGG to, or creating UGC on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload the same and the UGC or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party, (b) violate any applicable local, state, federal and international laws, regulations and conventions, or (c) violate any of your or third party’s policies and/or Terms of Service. All UGC must be uploaded using only SessionRecap’s platform.
• You agree to indemnify, defend and hold harmless EPEAK Studio USA Inc. and its affiliates and their directors, officers and employees from and against all losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, resulting from (i) your negligent, reckless or intentionally wrongful act, (ii) your breach of these Terms of Service, or (iii) any violation of a third party’s intellectual property rights resulting from your UGC.
• You may not use the Site to upload:
• Pornographic, inappropriate, obscene, violent or deceptive material
• Spam or violent or deceptive materials
• Third party private or confidential information
• You will not use the Site to engage in any of the following:
• Illegal, unlawful or fraudulent actions
• Copyright, trademark, trade secret or intellectual property infringement
• Violation of a third party’s Terms of Service
• You may not create a false identity on the Site, misrepresent your identity, create a SessionRecap profile for anyone other than yourself (a real person), or use or attempt to use another User’s account or information; your profile information must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful.
• Users are limited to one active SessionRecap account.
• You may not buy or sell SessionRecap accounts.
• The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by EPEAK Studio USA Inc. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other Users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
• Except for the limited right to use the Site according to these Terms of Service, EPEAK Studio USA Inc. owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
• To the extent that you provide SessionRecap with any comments, suggestions or other feedback regarding the SessionRecap platform or the Site as a whole, as well as other SessionRecap products or services (collective, the “Feedback”), you will be deemed to have granted SessionRecap an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. SessionRecap is under no obligation to implement any Feedback it may receive from Users.
• SessionRecap reserves the right to suspend, disable or revoke any accounts due to breach of these Terms of Service or our community standards or due to any illegal or inappropriate use of the Site or services.
• SessionRecap may make changes to these Terms of Service from time to time. When these changes are made, SessionRecap will make a new copy of the Terms of Service available on this page. You understand and agree that if you use SessionRecap after the date on which the Terms of Service have changed, SessionRecap will treat your use as acceptance of the updated Terms of Service.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SESSIONRECAP NOR ANY PERSON ASSOCIATED WITH SESSIONRECAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL EPEAK STUDIO USA INC., ITS AFFILIATES OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AGENTS OR ATTORNEYS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT, SHALL THE LIABILITY OF EPEAK STUDIO USA INC OR ITS AFFILIATES. ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE EXCEED THE AMOUNTS PAID BY YOU HEREUNDER.