| |
Biz Calling Cards TERMS AND CONDITIONS
The
following terms and conditions govern Biz Calling Cards website and
the software and services made available on the website. By visiting
our website and/or using any of our software or services, you agree
to be bound by these Terms & Conditions. When you use a specific Biz
Calling Cards service or item of software available from this
website, you will also be subject to all posted agreements
applicable to such individual services or items of software. Biz
Calling Cards reserves the right to change these Terms & Conditions
or its other posted agreements at any time and to notify you by
posting an updated version on this website.
Biz Calling Cards
does not target services to individuals less than age 18.
Individuals less than 18 years of age are not eligible to register
or to initiate our services. Please register after you have reached
age 18.
ESTABLISHING AN ACCOUNT; MEMBER PRIVACY
To use
software and certain services offered by Biz Calling Cards, you will
be asked to provide certain information. For example, to make a
PC-to-Phone call using our Biz Calling Cards PC Phone service, your
name, email address, zip code, area code, state, country and
password are required. Biz Calling Cards uses the information you
provide when you register in accordance with our Privacy Policy,
which you may access on the Privacy Policy page. When you establish
an account with Biz Calling Cards, you should safeguard your account
password and user ID. You are solely responsible for all acts or
omissions that occur under your accounts, including the content of
transmissions, whether or not authorized by you. You agree to notify
Biz Calling Cards immediately of any unauthorized use or any other
breach of security.
PROPRIETARY RIGHTS TO CONTENT
Content
(including but not limited to text, software, music, sound,
photographs, video, graphics or other material) contained on Biz
Calling Cards website, in sponsor advertisements or in
email-distributed by Biz Calling Cards is protected by copyright,
trademark, service mark, patent or other proprietary rights, laws
and treaties. Except as otherwise provided by law or expressly
permitted herein, you may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the website or the services. You understand that neither Biz
Calling Cards nor its network services supplier is responsible for
the content of the transmissions sent by third parties that may pass
through the Internet and/or the services. All trademarks, service
marks and trade names used on or in connection with the site and the
services are proprietary to Biz Calling Cards and/or to their
respective owners. Biz Calling Cards© is a trademark registered in
the United States, Canada, European Union (EU), Denmark, Finland,
Norway, Sweden, China, Hong Kong SAR, Japan, South Korea, Taiwan and
Singapore.
MEMBER CONDUCT
Any
unauthorized commercial use or resale of the software or services is
expressly prohibited. You agree to abide by all applicable local,
state, national and international laws and regulations.
Biz Calling Cards
will immediately terminate any user that Biz Calling Cards, in its
sole discretion, believes is violating any of the foregoing.
INDEMNIFICATION
You agree
to indemnify and hold Biz Calling Cards, its affiliates, officers,
directors, employees, and network services suppliers harmless from
any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or
conduct on the services provided by Biz Calling Cards.
YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Biz
Calling Cards website and the services Biz Calling Cards provides
may include information such as coupons, special offers and links to
content from third parties. Inclusion of such information and links
does not signify Biz Calling Cards endorsement of the information or
third party. Any dealings with third party advertisers found on the
website, including purchase and payment for goods and services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the
advertiser. Biz Calling Cards shall not be responsible or liable for
any such dealings or as a result of the presence of such advertisers
on the website.
DISCLAIMER OF
WARRANTIES
Biz Calling Cards DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. Biz
Calling Cards IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS,
SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD
PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION,
PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE
AND SERVICES Biz Calling Cards PROVIDES THROUGH THIS WEBSITE, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW Biz Calling Cards
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE
TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NON
INFRINGEMENT. Biz Calling Cards DOES NOT REPRESENT OR WARRANT THAT
THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Biz Calling Cards DOES NOT WARRANT OR REPRESENT
THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES
AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT,
ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING
THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET
LOSS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Biz
Calling Cards BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE
INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE
SOFTWARE OR ANY SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE. YOU SPECIFICALLY AGREE THAT Biz Calling Cards IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE
MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF Biz
Calling Cards TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF Biz
Calling Cards SOFTWARE AND/OR SERVICES.
DISPUTE
In the event a dispute shall arise between Biz Calling Cards and
PRIVATE LABEL/ADVERTISER as to their respective rights, duties and
obligations under the Agreement, such dispute shall be submitted to
arbitration under the rules of the American Arbitration Association.
The arbitration shall be held at Santa Ana, California. The decision
of the arbitrator shall be final and shall be entitled to
enforcement in any court of competent jurisdiction.
Biz Calling Cards failure to exercise or enforce any right or
provision of these Terms & Conditions shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by Biz
Calling Cards in writing. You and Biz Calling Cards agree that any
cause of action arising out of or related to the software or a
service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
The section titles in these terms and conditions are solely for the
convenience of the parties and have no legal or contractual
significance.
TERMINATION
Biz Calling Cards may terminate any or all of the services or the
right to use software with or without cause at any time and
effective immediately. In addition, Biz Calling Cards, in its sole
discretion, may terminate any other account for violation of the
letter or spirit of these Terms & Conditions. |
|
