Last updated April 1, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR USING THE SITE OR SERVICES, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE INTERACTING WITH THIS WEBSITE, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BLUE DRIFT SOFTWARE, INC., ("CENTRAL DESKTOP") (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT, AND (3) YOU AGREE TO BE LEGALLY BOUND BY THE PROVISIONS OF THIS TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE, OR SERVICES.
Central Desktop is an online collaboration application. The Central Desktop online tools and platform, including centraldesktop.com, the Central Desktop mobile apps and other Central Desktop websites (collectively, the "Services"), are owned and operated by Blue Drift Software, Inc. ("Central Desktop").
https://www.centraldesktop.com is a website that provides both general information about Our company, products and services as well as a portal through which the Authorized Users of Subscribers access the Central Desktop SaaS Services.
This Agreement is between You and Central Desktop and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
This web page represents a legal document and sets forth the Terms of Use (“Agreement”) that applies to anyone accessing or browsing the Website, https://www.centraldesktop.com, as owned and operated by Central Desktop. This Agreement was last updated on the date set forth above.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. BY ACCESSING BROWSING AND/OR USING OUR WEBSITE YOU AGREE TO FULLY COMPLY WITH AND BE BOUND BY THE PROVISIONS OF THE TERMS AND CONDITIONS AS SET FORTH IN THIS TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between You and Central Desktop, and supersedes all other Agreements, representations, warranties and understandings with respect to the Website, Content, Services, and the subject matter contained herein. We may amend this Agreement at any time without specific notice to You. The latest Agreement will be posted on the Website, and You should review this Agreement prior to using the Website. After any revisions to this Agreement are posted, You agree to be bound to any changes to this Agreement. Therefore, it is important for You to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If You do not accept this Agreement, do not access and use the Website. If You have already accessed the Website and do not accept this Agreement, You should immediately discontinue use of the Website/Service.
The provisions of this Agreement shall apply to all Users of the Website and Services. Notwithstanding the foregoing: (i) In the event of a conflict between any provision of this Agreement and the SaaS agreement (for Enterprise Customers) executed by a Subscriber then the provisions of the Subscription Agreement shall apply with respect to any Authorized Users of such Subscriber; and (ii) In the event of a conflict between any provision of this Agreement and the End User License Agreement then the provisions of the End User License Agreement shall apply with respect to any Authorized User.
The definitions indicated below are in addition to any terms defined within the Agreement and may differ from definitions given to such terms in the SaaS Agreement (for Enterprise Customers), Privacy Policy, End User License Agreement or other Company documents.
Central Desktop grants You a non-exclusive, non-transferable, revocable license to access and use the Website and Services strictly in accordance with this Agreement. Company reserves the right to change any and all Content, software and other items used or contained in the Website and Services, at any time without notice. All Content is provided and accepted on an “as is” and “as available” basis and with all faults or inaccuracies. We make no warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of the Website and Services provided therein. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action We deem appropriate, including but not limited to canceling Your Registered User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information, all of which is allowed under Our Privacy Policy.
Cancellation notice must be received no less than 30 days prior to your contract renewal date or an early termination fee may apply. For contractually committed Editions including but not limited to Central Desktop, iMeetCentral, Enterprise, SocialBridge, Agencies & Marketer: refunds and/or credits cannot be issued for unused partial months or periods of the contract term. Upon cancellation, after 90 days, Central Desktop will destroy all content, data, information.
Central Desktop may change the prices for any of its Services upon 30 days notice via the Central Desktop website (centraldesktop.com & imeetcentral.com). Central Desktop will not raise or lower prices for pre-paid periods in advance. Any price changes will be made effective upon the next billing cycle.
Services are billed in advance and in accordance with the payment schedule you select: monthly, quarterly, annually
By placing your recurring subscription order you will be charged for the initial term and charged again on each contract renewal date thereafter until you cancel the subscription.
This Agreement will automatically renew at the Contract Annual Price at the end of the term unless written notice of termination is received 30 days prior to the next renewal term.
Standard Annual Subscription Fee rates may be adjusted upwards by a maximum of up to 5% annually.
Company accounts are subject to deactivation when payment is delinquent 10 days or more past the payment date.
You may view some of Our Content without becoming a Registered User of the Website or an Authorized User of the Services. However, in order to interact with the Website or Services You must register with the Website and become a Registered User or Authorized User. Your registration is not transferable or assignable and is void where prohibited. Our services are intended solely for people at least age 18 years of age or older. If You are under the age of 18 or older, depending on Your state’s age of majority for entering into binding contracts, You will need Your parent’s permission. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Website, You represent and warrant that You are at least 18 or older or have Your parent’s permission, can enter into binding contracts, and that You agree to and to abide by all of the terms and conditions of this Agreement.
Central Desktop has the sole right and discretion to determine whether to accept a Registered User or Authorized User and may reject a registration with or without explanation. When You complete the registration process, You will create a password that will allow You to access the features for which you have registered. You agree to maintain the confidentiality of Your password and are fully responsible for all liability and damages resulting from Your failure to maintain that confidentiality and all activities that occur through the use of Your password. You agree to immediately notify us of any unauthorized use of Your password or any other breach of security. You agree that Company cannot and will not be liable for any loss or damage arising from Your failure to comply with password security as discussed herein.
All Content on the Website and Services including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website and Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Services are owned by Company or its Affiliates or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Company and Users, all right, title and interest in and to the Content will at all times remain with Company and its Affiliates. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site and Services, are registered and/or common law trade names, trademarks or service marks of Company or its Affiliates.
You hereby acknowledge that nothing contained in the Website or through Our Services shall constitute professional advice and that no professional relationship of any kind is created between You and Company. We make no guarantees with regard to the Services or information contained on the Website, to their accuracy or use for a specific purpose, and to their effect on You, Your business opportunities, Your employment, or Your income. You acknowledge that Company shall have no liability or responsibility to You or any other person as a result of Your use, actions, or reliance upon the Website or Services.
the Website will respond quickly to claims of copyright infringement as found in Our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If You believe any of Your copyrights are infringed by Our Content, please provide us with a written notice via mail or email that contains the following information:
Your use of the Website does not constitute any right or license for You to use Ours or others’ service marks/trademarks, without the prior written permission of Company or the corresponding service mark/trademark owner. Our Content, as found within the Website and Services, is also protected under United States and International copyrights. The copying, redistribution, use or publication by You of any such Content, is strictly prohibited. Your use of the Website and Services does not grant You any ownership rights to Our Content.
You may provide links to the Website, provided (a) that You do not remove or obscure, by framing or otherwise, any portion of the Website, (b) Your website does not engage in illegal or immoral activities, and (c) You discontinue providing links to the Website immediately upon Our request.
The Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to You. By linking to these websites, We do not create or have an affiliation with, or sponsor such third-party websites. Inclusion of links for any website on the Website does not mean that We endorse, guarantee, warrant, or recommend the services, products, information, content and/or data of such third-party websites. Company has no control over the legal documents and privacy practices of third party websites; as such, should you access any third-party websites from links contained on Our Website, you do so Your own risk and subject to the terms of use and privacy policies of such third-party websites.
COMPANY WILL USE REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE WEBSITE IN A MANNER WHICH MINIMIZES ERRORS AND INTERRUPTIONS IN THE WEBSITE. SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE OR FOR UNSCHEDULED EMERGENCY MAINTENANCE OR FOR OTHER REASONS. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESSING THE WEBSITE OR USING INFORMATION CONTAINED IN OR EMANATING FROM THE WEBSITE. COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO REGISTERED USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE PROVIDED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PERSON OR PROPERTY RESULTING EITHER FROM ACCESS OR THE LACK OF ACCESS TO THIS WEBSITE EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE WEBSITE IS PROVIDED “AS IS” AND SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE PROVISIONS SHALL APPLY TO ALL VISITORS AND REGISTERED USERS.
USERS ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIS WEBSITE AND ITS CONTENT. COMPANY AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY AND MAKE NO WARRANTY, REFUND OR OTHER RESTITUTION FOR ANY REASON WHATSOEVER, EXCEPT FOR PAID SERVICES OBTAINED DIRECTLY FROM THIS WEBSITE IN WHICH EVENT OUR LIABILITY FOR SUCH PAID SERVICES SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH SALE. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOST DATA ARISING FROM YOUR USE OR FAILURE OF ACCESS OF THE WEBSITE AND SERVICES.
We reserve the right, and You authorize us, to the use and assignment of all of Your account information, user content, and usage of the Website and Services in any manner consistent with Our Privacy Policy and the SaaS Agreement if applicable. All remarks, suggestions, ideas, graphics, user content, or other information communicated by You to us (collectively, “Submission”) is considered assigned to us and is as such considered Our property. To the extent that such Submission contain copyrighted, either owned by You or licensed to You, You grant Company a perpetual, irrevocable, royalty-free, worldwide license to use such submission as We see fit, in any form whether on the Website or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in Our Website, Services or other operations. Without limitation, We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature, without compensation to You or any other person sending the submission.
Our Privacy Policy is considered part of this Agreement. You should review the Privacy Policy by clicking on this link.
You agree to indemnify, defend and hold harmless Company and Our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, sponsors, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of this Agreement, including the Acceptable Use Policy, or Your use of the Website.
You understand and agree that if You violate the terms of this Agreement or if you have a Free Account and do not login to the Website at least every ninety (90) days, Company reserves the right to automatically terminate Your Registered User access without notice to You. You may also voluntarily terminate Your Registered User access. Company may also terminate a Registered User account for violation of this Agreement or the Acceptable Use Policy.
YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION PROVISION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST COMPANY BY SOMEONE ELSE.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or Our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and Our Service, shall be settled solely by binding arbitration in accordance with the commercial or consumer arbitration rules, as appropriate, of the American Arbitration Association. The arbitration shall be conducted in Travis County, state of Texas, in the United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Texas, United States, necessary to protect the rights or property of You and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, You and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Texas.
If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles, except as may otherwise be provided in the FAA. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Texas to assert claims under Texas law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Texas law to interpret these Agreement and the forum for disputes asserting a breach of this Agreement shall not be interpreted as generally extending Texas law to you if you do not otherwise reside in Texas.
Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post as follows:
NOTICES: Blue Drift Software, Inc., 15511 Highway 71 West, #110-142, Austin, TX 78738
You may not assign these Terms without Company's prior written approval. Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Company or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
BY ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICES, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE INTERACTING WITH THIS WEBSITE, USERS (i) REPRESENT (THAT THEY ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CENTRAL DESKTOP AND (ii) THEY AGREE TO COMPLY WITH AND BE BOUND BY THIS ACCEPTABLE USE POLICY.
You may use the Website and Services for Your own personal informational or business purposes only in accordance with these the Terms of Use, this Acceptable Use Policy, the EULA and any other applicable agreements. All other uses are excluded, including without limitation the items listed below.
Last Updated: April 1, 2024