Last Updated: June 18th, 2021
Welcome to Zoom Video Communications, Inc.’s (“Zoom”, “we”, “us”, or “our”) OnZoom and Zoom Events.
In the event of a conflict or inconsistency between these Terms and any other terms or agreements between you and Zoom, these Terms shall control with respect to your participation in or attendance of Events through the Events Platform. To the extent (but only to the extent) any agreement you may have with Zoom regarding hosting or creating events on the Events Platform conflicts with these Terms, those agreements (and not these Terms) will prevail. For clarity, these Terms do not apply to Zoom meetings or webinars that are not created, organized, hosted, posted, or managed using the Events Platform.
If you are a consumer based within the European Economic Area, Switzerland, or the United Kingdom, additional terms apply to your use of the Events Platform (see Section 15 below).
- Access and Scope of Services
- Event Services. The Events Platform allows for event hosts (“Event Hosts”) to create, organize, host, promote, manage, and list online events, performances, gatherings, or similar functions, or a series thereof on the Events Platform (“Event” or “Events”) for Event attendees, panellists, sponsors, and alternative hosts (collectively “Event Participants”) to purchase or receive tickets to and attend such Events, and for Event Hosts and Event Participants to interact on or through the Events Platform. Event Hosts, Event Participants, and other users of the Events Platform may each be referred to individually in these Terms as a “User” and collectively as “Users.”
- Access and Eligibility. To access the Events Platform you must have a Zoom account in good standing. The Events Platform (and certain features thereof) is not available in all countries and Zoom reserves the right to restrict access based on region. OnZoom is currently in Beta and is only available to United States residents. To host Events on the Events Platform, separate terms apply.
- No Guarantee of Availability. Notwithstanding anything to the contrary in any other agreement between you and Zoom, Zoom does not guarantee or warrant the uninterrupted availability or accessibility of the Events Platform. Zoom may restrict the availability of all or part of the Events Platform or certain features thereof without notice at any time and for any reason, including to protect the security or integrity of the Events Platform, our servers, or to carry out maintenance for the Events Platform. Zoom may discontinue the Events Platform or any portion or feature thereof or modify the features of the Events Platform from time to time without prior notice.
- Third-Party Links. The Events Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Zoom is not responsible or liable for the availability or accuracy of such Third-Party Services, the content, products, or services available from such Third-Party Services, or their privacy practices. Links to such Third-Party Services are not an endorsement by Zoom of such Third-Party Services and use of such Third-Party Services is at your own risk.
- Your responsibility for Bystanders. Before using the Events Platform, you are responsible for telling anyone within range of your device’s camera or microphone, including members of your household and guests, that they may be seen and heard by Users and others at their location. If you permit anyone to be within range of your device’s camera or microphone during an Event, you consent on their behalf, to the fullest extent permitted by law, to these Terms and the Zoom Events Privacy Statement.
- Modification of Terms. Zoom may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Events Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms as provided herein. Any continued access to or use of the Events Platform after the date the revised Terms become effective will constitute your acceptance of the revised Terms.
- User Content
- License. Notwithstanding anything to the contrary in any other agreement between you and Zoom, by creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Events Platform, you grant to Zoom a non-exclusive, worldwide, royalty-free, and irrevocable license to access, moderate, remove, edit, analyze, store, copy, reproduce, distribute, publish, transmit, stream, broadcast, and otherwise use such User Content to provide the Events Platform in a manner consistent with these Terms and the Zoom Events Privacy Statement. If you agree to be recorded in connection with an Event, you further agree that Zoom may display this recording on or through the Events Platform at the Event Host’s direction, including for commercial, promotional, and other legitimate purposes.
- Reporting User Content. You acknowledge that the Events Platform features enable Users to report inappropriate behaviour during Events to Zoom’s Trust & Safety team for review, and that such features enable Users to take screenshots of any activity they can see during Events and submit them to Zoom. Zoom reserves the right, but not the obligation, to monitor and review Event listings, Event reviews and other User Content, as well as any User reports of inappropriate behaviour during Events, to ensure compliance with these Terms, the law, and to protect against harm to the safety, rights or property of Users, Zoom, or others.If you become aware of any User Content that breaches these Terms or applicable law, please contact us using the link on the applicable Event listing, providing your full name and address, along with details of: (1) the date and time the content was posted; (2) where it can be found on the Event Platform; (3) the username of the person who posted it; (4) reasons why the content should be deleted, along with evidence for this; and (5) copies of any communication with the person who posted it (if any).
- Investigations. Notwithstanding anything to the contrary in any other agreement between you and Zoom, Zoom further reserves the right to disclose any such User Content and other information to law enforcement or other governmental agencies as we believe reasonably necessary. Users also agree to provide Zoom with such cooperation and information and take such actions Zoom may reasonably request relating to any investigation undertaken by Zoom or its representatives regarding the use of the Events Platform or compliance with these Terms.
- Use of the Events Platform
- Event. Event Hosts are solely responsible for their Events and Event listings, including providing customer support for their Events. This includes, but is not limited to, providing complete and accurate information about the Event and disclosing any restrictions and requirements that may apply (such as proficiency, equipment, fitness requirements, etc.). You acknowledge and agree that Zoom is not obliged to mediate any disputes between you and any other User.
- Event Tickets. When Users offer, sell, or buy tickets to an Event, including free tickets, they may be entering into a contract directly with each other. Zoom is not and does not become a party to or participant in any contractual relationship between Users, and Zoom is not acting as an agent for any User. Each Event ticket is a unique link that provides access to an Event for one User (“Ticket Link”). You may obtain tickets on behalf of others and share the Ticket Link with them, but to use the Ticket Link they must meet the requirements of Section 1.2 (Access and Eligibility). You are solely responsible for sharing or not sharing any such Ticket Links and acknowledge that neither Zoom nor the Event Host shall be liable for the use of a Ticket Link that you have shared. There may be laws applicable to the issuing or sale of tickets in a User’s jurisdiction, including laws to limit scalping and other forms of secondary ticket sales. Users are responsible for compliance with any such laws, and Zoom will have no liability for any loss suffered by any person arising from the application of such laws to any Event tickets.
- Compliance with Laws and Regulations: Your use of the Events Platform must be in compliance with all applicable laws and regulations.
- Prohibited Uses. In connection with your use of the Events Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Terms, the Zoom Community Standards, the Zoom Terms of Service or Service Agreement, or other applicable policies or rules;
- promote or further any criminal activity or provide instructional information about illegal activities;
- use the Events Platform in a way that is deceptive, fraudulent, false, or misleading;
- copy, retain, or otherwise access or use any information, including personal data about any other User in any way that is inconsistent with these Terms or your own applicable privacy policies or that otherwise violates the privacy rights of Users or third parties, or applicable law;
- infringe, disparage, dilute, tarnish or otherwise harm Zoom or any Zoom brand in any way;
- act in a way that adversely affects, or could adversely affect the performance, security, or proper functioning of the Events Platform;
- scrape, crawl, or use other automated or manual means or processes to access or collect data or other content from the Events Platform;
- rent, lease, resell, distribute, or use the Events Platform for commercial purposes not allowed by these Terms, or otherwise exploit the Events Platform in any unauthorized manner;
- infringe any third-party intellectual property rights or enable such infringement using the Events Platform;
- use the Events Platform in a way that, in Zoom’s sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Events Platform, or may expose Zoom or any Users to harm or liability of any type.
- Ticket Cancellation. To the fullest extent permitted by applicable law and without limiting any other rights of Zoom herein, including the right to terminate or cancel any Event (including as the Event is occurring), Zoom may cancel tickets (including purchased tickets) or registrations if Zoom finds, in its sole discretion (1) that the Event Participant is in violation of applicable law, these Terms, the Zoom Terms of Service or Service Agreement, or Zoom’s policies or rules applicable to the Events Platform, (2) that Event Participant’s attendance may be harmful or objectionable to Zoom, its Users, or third parties, or (3) to comply with a court order.
- Beta Features. Zoom may, from time to time, offer access to features or portions of the Events Platform that are classified as beta features. OnZoom is currently in beta. Access to and use of beta features may be subject to additional agreements. Zoom makes no representations that a beta feature or product will ever be made generally available and reserves the right to discontinue or modify a beta feature at any time without notice. Beta features and products are provided AS IS, may contain bugs, errors or other defects, and your use of a beta feature is at your sole risk.
- Payment Terms, Fees and Taxes
- Third-Party Payment Processing and Fees. Payment processing for the Events Platform, including for transactions between Event Hosts and ticket purchasers and collecting donations, will be performed by one or more third-party payment processors. Your use of a payment processor will be subject to additional terms and conditions between you and the payment processor, which may include transaction fees. Zoom is not responsible or liable for a payment processor’s performance or any actions taken by a payment processor including without limitation, declining your transaction, holding your funds, or requesting additional information from you. Zoom merely facilitates such transactions by collecting information from Users necessary to enable the payment processing and submitting it to the applicable payment processor.
- Taxes. Zoom will add to the ticket price any required transaction-based taxes or fees that are required to be collected from the ticket purchaser and remitted to any taxing or regulatory authorities, consistent with applicable law.
- Refunds and Cancellations
Because all transactions (including those processed by a third-party payment processor) are between you and the Event Host, Zoom is not responsible or liable for providing refunds for purchased tickets. Applicable cancellation and refund policies are set by the Event Host and posted on the Event listing. If you validly cancel a purchased ticket or registration that allows for refunds, or if an Event Host cancels an Event, you will receive a refund of the ticket price automatically. Unless otherwise agreed to by the Event Host or required by applicable law, Event Hosts are not required to honor any other form of cancellation or refund request (such as those outside the posted refund policy). You may also seek a refund as allowed under a third-party payment processor’s terms and conditions. Refunds will be made to the original means of payment used for the initial transaction. The timing for any refund or reimbursement or for any pre-authorization to be released will vary based on the payment method used and any applicable payment system (e.g., Visa, MasterCard, etc.) or third-party payment processor rules.
- Ratings and Reviews
- Ratings and Reviews. Event Participants may be able to submit a star rating (“Rating”) and/or write a review (“Review”) of Events they attend. Ratings and Reviews are User Content and reflect the opinions of individual Event Participants and do not reflect the opinion of Zoom. Ratings and Reviews are not verified by Zoom for accuracy and may be incorrect or misleading.
- Guidelines for Ratings and Reviews. Ratings and Reviews must be truthful and accurate and you may not manipulate the Ratings and Review system, including, but not limited to, by: (1) offering or accepting a monetary or other reward for submitting a Rating or Review; (2) submitting a Rating or Review for your own Event; (3) submitting an inaccurate Rating or Review for a competitor’s Event; or (4) instructing or requesting another User to submit a positive or negative Rating or Review about an Event Host or Event.
- Zoom Use of Ratings and Reviews. Ratings and Reviews may be displayed on the Events Platform in Zoom’s sole discretion.
- Copyright and Trademark Infringement
If you are a copyright or trademark owner or an agent of a copyright or trademark owner and you believe that any content on the Events Platform infringes your copyright, you may submit a notice to Zoom using the “Report this listing” button at the bottom of an Event listing or by following the directions provided in Zoom’s Copyright (DMCA) and Trademark Takedowns page.
We welcome and encourage feedback and suggestions (“Feedback”) for the Events Platform. Any Feedback you provide will be considered non-confidential and you hereby grant to Zoom a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, non-exclusive license to use and/or incorporate such Feedback into any Zoom product or service (including the Events Platform) at any time.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE (TO US AND TO OTHERS) FOR YOUR ACTIVITY ON THE EVENTS PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE EVENTS PLATFORM OR PARTICIPATION IN ANY EVENT IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO ANY USER CONTENT OR EVENTS. YOU ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE BACKGROUND OR QUALIFICATIONS OF ANY HOST OR PARTICIPANT AND THAT WE DO NOT GUARANTEE ANY EVENT WILL MEET YOUR EXPECTATIONS OR CONFORM TO ITS DESCRIPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS AFFILIATES BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY THIRD PARTY WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF, OR PARTICIPATION IN AN EVENT. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH EVENTS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE THAT SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR PARTICIPATION IN ANY EVENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CIVIL LIABILITY OR OTHERWISE, FOR ILLNESS, BODILY INJURY, DISABILITY, DAMAGE TO TANGIBLE PROPERTY, EMOTIONAL DISTRESS OR DEATH THAT ARISES IN CONNECTION WITH YOUR PARTICIPATION IN AN EVENT.
- Termination and Suspension
- Termination by Zoom. To the fullest extent permitted by applicable law, Zoom may suspend, limit, or terminate your access to or use of the Events Platform at any time, with or without notice, liability, or other obligation to you. Additionally, we may terminate these Terms at any time, without liability or other obligation to you, in the event we reasonably suspect that you may have violated these Terms, the Zoom Terms of Service or Service Agreement, Zoom Community Standards, and other rules and policies set forth on or applicable to the Events Platform. Further, Zoom is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.
- Termination by You. You may terminate these Terms at any time, for any reason, without notice by discontinuing all use of the Events Platform. You are solely responsible for requesting and obtaining any eligible refunds from the Event Host for previously purchased tickets or registrations prior to terminating. Any new or continued use of the Events Platform, including attendance at an Event, will be subject to these Terms. If your Zoom account is terminated or closed, these Terms and your use of the Events Platform shall terminate automatically.
- Effect of Termination. Termination of these Terms does not automatically terminate any other agreement you may have with Zoom, including the Zoom Terms of Service or Service Agreement. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, disclaimers and indemnification.
- General Provisions
- Assignment. Notwithstanding anything to the contrary in any other agreement between you and Zoom, you may not assign these Terms without Zoom’s prior written consent. Zoom may assign or transfer these Terms, at its sole discretion, without restriction.
- Entire Agreement. These Terms, the Zoom Terms of Service or Service Agreement, and any documents incorporated into these Terms by reference, constitute the entire agreement between you and us regarding your use of the Events Platform as an Event Participant and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
- Severability. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- No Waiver. No failure by Zoom to enforce any of its rights related to the Events Platform or to a breach of these Terms in a particular situation will act as a waiver of such rights.
- No Third-Party Beneficiaries. Except as expressly stated herein, these Terms shall not confer any rights or remedies upon any third party.
- Governing Law and Jurisdiction. To the fullest extent permitted by applicable law, these Terms will be interpreted in accordance with the Choice of Law and Forum provision of the applicable Zoom Terms of Service or Service Agreement.
- Contact Us. For questions, you may contact us at:Address: 55 Almaden Boulevard, Suite 400, San Jose, CA 95113
Email address: firstname.lastname@example.org
Telephone number: 888.799.9666
THE FOLLOWING SECTIONS (COLLECTIVELY, THE “EU TERMS”) APPLY TO YOU ONLY IF YOU ARE A CONSUMER BASED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM.
- EU Terms
- Sales Contract between the Event Host and Event Participant.
(a) When an Event Host sells or provides a ticket to an Event and you purchase or register for that Event and receive a confirmation email, this constitutes a legally binding agreement between the Event Host and you (the “Sales Contract”). Zoom is not a party to the Sales Contract and Zoom is not acting as an agent for either you or the Event Host.
(b) The Sales Contract requires that the Event Host provides the Event to you as described in the Event listing and you agree to pay the amount (if any) set out in the Event listing and during the order process. The terms of the Sales Contract shall include: (1) the information set out in the Event listing and the order process; and (2) the information set out in this Section 15 and any other provisions of these Terms relevant to the provision of the Event by the Event Host and the attendance of the Event by you.
(c) The Event Participant does not have the right to cancel the Sales Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or, for consumers resident in EU member states, the equivalent legislation implementing the Consumer Rights Directive 2011).
(d) The Sales Contract shall terminate: (1) if you exercise a right to cancel in accordance with the cancellation policy specified in the Event listing; (2) when the Event has been fully delivered; or (3) when a party’s Zoom account is terminated.
- Termination by Zoom. Zoom may terminate these Terms or suspend your access to the Events Platform for any reason by giving you 30 days’ written notice. Zoom may also terminate these Terms, or suspend or limit your use of the Events Platform immediately and without prior notice and stop providing access to the Events Platform, if (1) you materially breach these Terms (including any other terms or policies incorporated herein), (2) you violate applicable laws, or (3) such action is necessary to protect the safety or property of Zoom, other Users, or third parties. Further, Zoom is entitled to disable or terminate the accounts of Users who repeatedly infringe intellectual property rights of others, including copyrights.
- ODR Platform. If you are a consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. Zoom is neither obliged nor willing to participate in online dispute resolution.
- Assignment. Zoom is entitled to assign or transfer these Terms without restriction, provided that if such assignment will affect your rights or obligations under these Terms, we will notify you in advance, and you will have the right to terminate your agreement to these Terms.
- Governing Law and Jurisdiction. To the fullest permitted by applicable law, these Terms are governed by Irish law. This means that your access to and use of the Events Platform and any dispute or claim arising out of or in connection with the Events Platform or these Terms (including non-contractual disputes or claims) will be governed by Irish law. Unless you are a consumer, you and Zoom agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. If you are a consumer, you may bring any dispute which may arise under these Terms to the competent court of the Republic of Ireland or to the competent court of your country of habitual residence, so long as this country is within the UK, an EU Member State or Switzerland. Zoom shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence or domicile if within the UK, Switzerland or an EU Member State, or otherwise the competent court of the Republic of Ireland.
- Additional Terms Applicable to German Consumers
For consumers habitually residing in Germany only, our statutory liability for damages shall be limited as follows:(a) SUBJECT TO PARAGRAPH (b) WE SHALL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS TYPICALLY FORESEEABLE AT THE TIME OF ENTERING INTO THESE TERMS WITH YOU IN RESPECT OF DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A MATERIAL CONTRACTUAL OBLIGATION OF US (I.E. A CONTRACTUAL DUTY THE FULFILMENT OF WHICH IS ESSENTIAL FOR THE PROPER EXECUTION OF THE AGREEMENT WITH YOU, THE BREACH OF WHICH ENDANGERS THE PURPOSE OF THE AGREEMENT WITH YOU AND ON THE FULFILMENT OF WHICH YOU REGULARLY RELY);
WE SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION.
(b) NOTHING IN THESE TERMS EXCLUDES OR LIMITS YOURS OR ZOOM’S LIABILITY FOR:
WILFUL MISCONDUCT OR GROSS NEGLIGENCE;
2. DEATH OR PERSONAL INJURY CAUSED BY ANY KIND OF NEGLIGENCE;
3. LIABILITY FOR ASSUMING A SPECIFIC GUARANTEE; OR
4. THE GERMAN PRODUCT LIABILITY ACT;
(c) FURTHER, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY CONSUMER RIGHTS. ADVICE ABOUT A USER’S RIGHTS AS A CONSUMER WILL BE AVAILABLE FROM CONSUMER BODIES APPLICABLE TO THAT USER.
(d) ZOOM ONLY SUPPLIES THE EVENTS PLATFORM FOR YOUR PERSONAL USE.
- Sales Contract between the Event Host and Event Participant.