Terms of Service
Dated: September 30, 2020
Last Updated: January 13, 2021
Welcome to Depositions.com!
Thank you for using the Depositions.com platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”). By suing the Service, you agree to be bound by the following Terms of Service:
The Service allows you to upload, watch and share videos, clips, deposition transcripts, exhibits and other content in connection with claims, investigations, litigation and other legal or matters. Users can connect and collaborate with third parties by sharing content with them, or by connecting accounts with other accounts with the consent of both accountholders. We provide lots of information about the Service and how to use it on our website: www.depositions.com where, among other things, you can find out about account types and charges, other products or services that we may offer, and Depositions.com Affiliates. You can also read all about enjoying content on other devices like your mobile phone, tablet and desktop computers.
Your Service Provider
The entity providing the Service is Depositions Inc., a corporation operating under the laws of Florida. (referred to as “Depositions.com”, “we”, “us”, or “our”). References to Depositions.com’s “Affiliates” in these terms means other Court Reporting companies with whom Depositions.com may enter into agreements to use Depositions.com to provide services under their name and using their branding.
Your use of the Service is subject to these terms, the Depositions.com Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this “Agreement”). Your Agreement with us will also include the Advertising on Depositions.com Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You must be at least 18 years old to use the Service.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
The Service can only be used by persons or companies involved in the legal or insurance industries, or vendors to those industries whose products or services include video We reserve the right to deny an account to any firm or person in our sole discretion. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Court Reporters or Court Reporting Agencies may open accounts at our sole and absolute discretion, and will be subject to the terms and conditions of the Depositions.com Court Reporter Affiliate Agreement, which is incorporated herein by reference. For more information about court reporter accounts, please contact us at: firstname.lastname@example.org
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example audio files from recorded statements and videotaped depositions and statements), deposition transcripts, documents, graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Depositions.com or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that provides it to the Service. Depositions.com is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
Depositions.com Accounts and Channels
You can use parts of the Service, such as viewing content that has been shared with you by a Depositions.com user, without having a Depositions.com account. However, you do need a Depositions.com account to use some features. With a Depositions.com account, you may be able to upload videos, transcripts, photographs, exhibits and other content related to legal claims and litigation, make and share video clips, share any content with nonusers of the service, and more. You can follow these instructions to create a account.
To protect your Depositions.com account, keep your password confidential. You should not reuse your Depositions.com account password on third-party applications. Learn more about keeping your Depositions.com account secure, including what to do if you learn of any unauthorized use of your password or Depositions.com account.
We will process any audio, video or audiovisual content uploaded by you to the Service, or uploaded to your account by Depiositions.com in accordance with the Depositions.com Data Processing Terms.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content or share content only in connection with the handling, prosecution or defense of claims and lawsuits by lawyers, law firms, insurance companies, insurance adjusters, claims handlers or administrators, investigators, and persons or entities that are parties to claims or litigation. You may also share Depositions.com videos and other content with other Depositions.com accountholders or third parties who do not have a Depositions.com account. The following restrictions apply to your use of the Service. You are not allowed to:
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Depositions.com.
Changes to the Service
Depositions.com is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
If you have a Depositions.com account, you may be able to upload Content to the Service. You may use your Content to promote your business or enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service, and you may not use the Content for anything that is in violation of local, State or Federal law. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Each Depositions.com account will have a designated User with Administrative Privileges (“Account Administrator”) who can control access to the Service by to granting or denying access, and/or certain permissions, to all other users of that account.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Depositions.com and other users of the Service, as described below.
Sharing Content with Other Users and Third Parties
The Content in Your account can only be seen by authorized Users as determined by the Account Administrator. However, the Service also permits authorized Users to share video and other content with third parties via nonsecure links to said content. The Recipient(s) of the links can view and save the Content that’s been shared with them. You are legally responsible for any Content You share with others, including any third parties that You share Content with. You may not share or otherwise publish the Content for anything that is in violation of local, State or Federal law.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, share, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms. To request removal of content from your account, please send your request by email to: email@example.com Make sure to include your account information and a specific description of the content you want removed from the Service.
Removal of Content By Depositions.com
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Depositions.com, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Depositions.com or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Depositions.com or our Affiliates.
We provide information to help copyright holders manage their intellectual property online in our Depositions.com Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice. We respond to notices of alleged copyright infringement according to the process in our Depositions.com Copyright Center, where you can also find information about how to resolve a copyright strike. Depositions.com’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your Depositions.com Account, which involves closing your Depositions.com account and removing your data. You also have the option to download a copy of your data first.
Terminations and Suspensions by Depositions.com for Cause
Depositions.com may suspend or terminate your access, your Depositions.com account, or your Depositions.com account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Depositions.com or our Affiliates.
Terminations by Depositions.com for Service Changes
Depositions.com may terminate your access, or your Depositions.com account’s access to all or part of the Service if Depositions.com believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Depositions.com unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Depositions.com or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Depositions.com or our Affiliates. Where Depositions.com is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
Effect of Account Suspension or Termination
If your Depositions.com account is terminated or your Depositions.com account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) in the sole discretion of Depositions.com, and this Agreement will continue to apply to such use. If you believe your Depositions.com account has been terminated in error, please contact: firstname.lastname@example.org
About Software in the Service
When the Service requires or includes downloadable software (such as the Depositions.com mobile apps), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Depositions.com gives you a personal, worldwide, royalty-free, nonassignable and non-exclusive license to use the software provided to you by Depositions.com as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Depositions.com, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Depositions.com’s written permission.
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND DEPOSITIONS.COM DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL [OR OTHER] ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED INANY COURT HAVING JURISDICTION THEREOF.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, DEPOSITIONS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; ANY INTERRUPTION OR CESSATION OF THE SERVICE; ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR DEPOSITIONS.COM, INCLUDING YOUR USE OF CONTENT; AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
DEPOSITIONS.COM AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT DEPOSITIONS.COM HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO DEPOSITIONS.COM, OF THE CLAIM; AND (B) USD $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Depositions.com, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Depositions.com will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you:
“Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by Florida law, except Florida’s conflict of laws rules, and will be litigated exclusively in Broward County, Florida Circuit Court. You and Depositions.com consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND DEPOSITIONS INC. D/B/A DEPOSITIONS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.