Terminology. As used herein, “Fidelity Companies” means FMR LLC and its subsidiaries and affiliates; and “Fidelity” means the Fidelity Company that makes the Services available to you.
Changes to and Termination of the Service. Fidelity reserves the right to change, suspend or discontinue the Services, or any of the specific features or capabilities of the Services, at any time and without notice.
Monitoring and Recording By Fidelity. Fidelity has the right to monitor your use of the Services but is under no obligation to do so. You agree and consent that your videoconference session with a Fidelity representative may be recorded or monitored by Fidelity, or joined by another Fidelity employee, for supervision, quality control or other business purposes, to take actions that are discussed during your videoconference session and for other purposes related to the subject matter of your videoconference session.
YOUR RESPONSIBILITIES AND OBLIGATIONS
Security of Access Credentials. To access the Services, you will need a userid (or, in some cases, your email address) and password or other access credentials (collectively, “Access Credentials”). You are responsible for (1) keeping your Access Credentials confidential and secure, (2) all use of the Services and related activities that occur through the use of your Access Credentials, and (3) promptly notifying Fidelity if you believe that someone has improperly acquired or used your Access Credentials.
Content. You are responsible for the content of all visual, written or audible communications and any other material (collectively, “Content”) that you use, transmit, provide or otherwise make available during or in connection with a videoconference. You agree not to use, transmit, provide or otherwise make available any Content that (1) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy or otherwise considered to be objectionable or inappropriate by Fidelity, or (2) violates any person’s right of publicity, privacy rights, copyright, trademark or other intellectual property right. You agree that you will not use, transmit, provide or otherwise make available any Content belonging to any third party unless you have all rights, licenses and permissions needed to do so.
Recording By You. You understand that the laws of certain jurisdictions require that you provide notice to, and/or obtain the consent of, each individual before you record their communications. If you choose to record any part of the videoconference (whether via functionality that may be provided as part of the Services, or via other means), you agree that it is your responsibility to, and you shall, comply with all applicable laws and provide all necessary notices and/or obtain all necessary consents before recording any part of the videoconference.
Compliance with Laws. You agree to comply with all laws and regulations applicable to you or your use of the Services.
Rights to Content. You grant the Fidelity Companies and their respective service providers a nonexclusive, perpetual, irrevocable, worldwide, transferable, royalty-free license to use, copy, store, modify, publicly display, transmit and distribute the Content in connection with the Services. Except as otherwise set forth herein, you retain all of your rights, title and interest in and to the Content.
Unauthorized Access. You may not obtain or attempt to obtain unauthorized access to the Services, any Content or any other materials made available in connection with the Services, including circumventing (or attempting to circumvent) any controls or technology measures that govern, permit or limit access to or use of the Services, any Content or any other materials made available in connection with the Services.
COLLECTION AND USE OF INFORMATION
Information Made Available When Using the Services. You understand that in connection with your use of the Services for a particular videoconference, certain personal information about you (such as your name) may be displayed, transmitted, processed or stored as part of the videoconference or the record of the videoconference and such information may be shared with the organizer of the videoconference and the other participants and invitees of such videoconference, and similarly, certain personal information about the other participants and invitees of such videoconference may be made available to you. You consent and agree that such personal information about you may be displayed, transmitted, processed and stored as part of the videoconference and the record of the videoconference and shared with the organizer of the videoconference and such other participants and invitees.
DISCLAIMER OF WARRANTIES
FIDELITY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE". FIDELITY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM HARMFUL ASPECTS, OR THAT ANY DEFECTS, OUTAGES OR PROBLEMS WILL BE CORRECTED. FIDELITY ALSO MAKES NO WARRANTY THAT THE QUALITY THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
NEITHER FIDELITY NOR ANY OTHER FIDELITY COMPANY WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THIS IS TRUE EVEN IF FIDELITY OR SUCH OTHER FIDELITY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NEITHER FIDELITY NOR ANY OTHER FIDELITY COMPANY WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY OR ANY OTHER FIDELITY COMPANY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, COMMUNICATION FAILURES (INCLUDING INTERNET OUTAGES OR FAILURES OF YOUR LOCAL COMMUNICATIONS NETWORK), VIRUSES, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Factors Outside of Fidelity’s Control. The performance and security of the Services, and in some cases, your ability to use certain features of the Services, depend in part on certain factors and components that are outside of the control of Fidelity, such as the particular software, services, network(s) and device(s) that you use to access and use the Services, and are subject to the capabilities, limitations and constraints of such factors and components.
Content Supplied by Others. Fidelity Companies are not responsible for your Content or for the content of any other visual, written or audible communications or any other material that is supplied by others during a videoconference.
Last Updated: June 2014