Phonezoo Communications, Inc. Terms of Service
Effective Date - September 21, 2006
Proprietary Rights and Authorized Uses
In the course of your use of the Site, you may be asked to provide certain personally identifiable information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site's which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information. We cannot and do not guarantee the security of any of the User Information that you transmit online.
Materials Submitted By You
The Site and associated services enable you to make content available to other users of the Site and to access content made available by other users of the Site. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the Site or otherwise sent to us by you (including without limitation uploading sound files to the Site) (collectively, the "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us (including our affiliates) in any manner, without any restrictions, throughout the universe, in perpetuity, in any and all media now existing or here in after devised, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else, as further provided in the next sentence. By submitting or sending Submitted Materials to us, you represent, warrant and covenant (i) that the Submitted Materials are original to you, that no other party has any rights thereto, that any "moral rights" in any of the Submitted Materials have been waived, and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, sell, perform, display and otherwise fully exploit any such Submitted Materials (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) that the Submitted Materials do not contain any content that is libelous, slanderous, disparaging, tortious, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing (or advocating harassment), harmful, false, misleading, fraudulent, invasive of anyone's publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) that the Submitted Materials do not constitute "spam"; (iv) that the Submitted Materials do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) that the Submitted Materials do not contain any virus, worm, or other similar program that could be harmful or a burden to our computer system or to any other third party's computer system. Please note that we reserve the right to, but may or may not, review or edit any of the Submitted Materials before such Submitted Materials appear on the Site. You also agree that we may delete, remove, replace or otherwise manipulate your Submitted Materials in any way, for any reason or no reason, at any time and in our sole discretion.
Your Conduct on the Site
You warrant and agree that you will not, while using the Site or any services: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site or services for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in "mailbombing", "spamming", "flooding", harvesting of e-mail addresses or other personal information, "spidering", "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site or services; (iv) attempt to gain unauthorized access to other computer systems through the Site or services; (v) use the Site or services in any manner that could damage, disable, overburden, or impair the Site or services, or interfere with any other person's use and enjoyment of the Site or services; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or services; (vii) monitor any portion of the Site, services or any Site Content; (viii) bypass any measures we may use to prevent or restrict access to the Site or services; (ix) use the Site or services in any manner that violates applicable laws or regulations or the rights (including IP Rights) of any third party; (x) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Site that infringes any IP Rights of any other person or entity; or (xi) misrepresent the source or identity of Submitted Materials.
Cancellation of Service
You may at your sole discretion cancel your Phonezoo service at any time. Please consult the MyZoo section of the Site for further details.
Links to Third Party Websites
Through the Site or services, we may provide links to certain unaffiliated third party Websites, including sites on which products and services may be made available for you to purchase. However, these third party Websites are not under Phonezoo's control. When you visit these third party Websites or make purchases through them, your relationship is between you and the third party, and not between you and Phonezoo. We have no responsibility, liability or obligation with respect to the information, content, products, services, advertising, or other materials, which may or may not be provided by or through such third party Websites, and you will be subject to such third party's own policies, terms and conditions and privacy policies.
Equipment and Ancillary Services
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Phonezoo services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any Phonezoo services and you shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.
Disclaimer of Warranties
You acknowledge that Phonezoo has no control over, and no duty to take any action regarding: which users gain access to the Site; what Site Content you access via the Site or services; what effects the Site Content may have on you; how you may interpret or use the Site Content; or what actions you may take as a result of having been exposed to the Site Content. You release Phonezoo from all liability for your having acquired or not acquired Site Content through the Site or related services. The Site or related services may contain, or direct you to Websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or services. THE SITE, SERVICES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SITE, THE SITE CONTENT OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, IF ANY, WILL MEET YOUR REQUIREMENTS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): PHONEZOO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE PHONEZOO SERVICES. We will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Site Content stored on our equipment and transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or our services.
Limitation of Liability
IN NO EVENT SHALL PHONEZOO, ITS AFFILIATES, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, OR ANY OTHER OF ITS OR THEIR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED ON OR RELATED THERETO EXCEED, IN AGGREGATE, THE AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO PHONEZOO IN DIRECT EXCHANGE FOR YOUR USE OF THE SITE OR SERVICES.
We control and operate the Site and related services from our offices in the United States of America. We do not represent that materials on the Site or services are appropriate or available for use in other locations. Persons who choose to access the Site or services from other locations do so at their own risk, and are responsible for compliance with all local laws.
Certain statements made on the Site which describe Phonezoo's intentions, expectations or predictions, are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. Phonezoo disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, actual events or otherwise.
Digital Millennium Copyright Act Notice
Phonezoo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Phonezoo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Phonezoo's policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If You believe that content residing on or accessible through the Phonezoo.com website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Phonezoo's policy:
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Phonezoo's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at Phonezoo's discretion.
Please contact Phonezoo's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Copyright Compliance Officer