These Terms of Use govern your use of the GoToMeeting® Commercial Contest Website (the “Site”) owned and operated by Citrix Online. Please read them carefully before using the Site.

By using the Site or posting videos, comments, pictures, or other content (collectively, “Content”) on the Site, you agree to these Terms of Use and the Privacy Policy. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Site.

Citrix Online may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

If you enter the GoToMeeting® Commercial Contest (the “Contest”), you must also agree to the Official Rules of the Contest. In the event of a conflict between these Terms of Use and the Official Rules, the Official Rules will control as they pertain to the Contest.

When you sign up to use the Site and create an account, you will be asked to create a password. You are responsible for safeguarding your password. You are also responsible for any actions taken by you or anyone that uses your account. You agree to indemnify and hold Citrix Online harmless for losses incurred by Citrix Online or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Citrix Online allows certain visitors to post Content on the Site. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Citrix Online.

You may not post or distribute Content that is illegal or that violates these Terms of Use or, if you enter the Contest, that violates the Official Rules. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to the Site, you grant Citrix Online the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Site, Citrix Online does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Citrix Online owns all right, title, and interest in any compilation, collective work, or other derivative work created by Citrix Online using or incorporating Content posted to the Site.

You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.

All information, ideas, suggestions, or other communications you submit to Citrix Online, including, but not limited to, Content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. Citrix Online will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.

Citrix Online is not responsible for, and does not endorse, Content posted by other users on the Site. Under no circumstances shall Citrix Online be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Citrix Online at admin@gotomeetingtv.com. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Citrix Online reserves the right to investigate and take appropriate legal action against anyone who, in Citrix Online’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

• Using the Site for any purpose in violation of local, state, or federal laws;
• Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Citrix Online in its sole discretion or pursuant to local community standards;
• Posting Content that constitutes cyber-bullying, as determined by Citrix Online in its sole discretion;
• Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
• Posting telephone numbers, street addresses, or last names of any third party;
• Posting URLs to external sites or any form of HTML or programming code;
• Posting “spam”;
• Impersonating another person when posting Content;
• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Harassing, threatening, stalking, or abusing any person;
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Citrix Online, exposes Citrix Online or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
• Encouraging other people to engage in any prohibited activities as described herein.

Citrix Online reserves the right but is not obligated to do any or all of the following:

• Investigate an allegation that any Content posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
• Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
• Terminate a user’s access to the Site upon any breach of these Terms of Use;
• Monitor, edit, or disclose any Content on the Site; and
• Edit or delete any Content posted on the Site, regardless of whether such Content violates these standards.

The entire contents of the Site are copyrighted as a collective work under the laws of United States and other copyright laws and Citrix Online holds the copyright in the collective work. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

If you believe any Content on the Site infringes your copyright, you may request removal of such Content (or access thereto) from this web site by contacting Citrix Online as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by e-mail to admin@gotomeetingtv.com.

In an effort to protect the rights of copyright owners, Citrix Online maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

This Site may contain hyperlinks to third-party websites. Citrix Online does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Citrix Online is not responsible or liable for any Content or other materials on these third party sites.

These Terms of Use shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the courts located in California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

The Site and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, CITRIX ONLINE, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Citrix Online make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Citrix Online cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Citrix Online cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Citrix Online cannot and does not guarantee or warrant that any Content you post on the Site will remain on the Site. Citrix Online cannot and does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

CITRIX ONLINE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CITRIX ONLINE IS TO DISCONTINUE YOUR USE OF THE SITE. CITRIX ONLINE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CITRIX ONLINE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CITRIX ONLINE’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold Citrix Online, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Citrix Online has the right to terminate your account and access to the Site for any reason, including, without limitation, if Citrix Online, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Citrix Online may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.