By purchasing PhoneCards4All.net virtual calling
card, you indicate that you understand and agree to our Terms and
Conditions as follows:
This Agreement describes the terms and conditions applicable to
your use of all services ("Services") at PhoneCards4All.net web site ("Web
Site").
You acknowledge that you have read, understood, and
agree to be bound by all terms and conditions of this Agreement, as
well as any additional rules or policies that are or may be
published by PhoneCards4All.net from time to time.
This Agreement in
addition to any other rules and policies, make up the complete and
exclusive agreement between you and PhoneCards4All.net regarding your use of
the Services, and supersede and govern all prior proposals,
agreements, or other communications. We may amend this Agreement at
any time by posting the amended terms on the Site. Unless otherwise
stated, all amendments will be effective immediately upon posting on
the Site. This Agreement may not be otherwise amended except in a
writing signed by both parties.
Your use of the Web Site and
Services shall constitute your acceptance of any amendments to this
Agreement as well as additional rules or policies that are or may be
published by PhoneCards4All.net, each with the new modifications. If you do
not agree to any of such changes, you may request that your
membership be cancelled.
On occasions, PhoneCards4All.net will send you
information about our promotions or news updates. Users have these
opportunity to opt-out from receiving these notifications.
You
acknowledge and agree that such cancellation will be your exclusive
remedy and our sole liability if you do not wish to abide by any
changes to this Agreement or any additional rules or policies that
are or may be published by PhoneCards4All.net
Membership Eligibility.
Our Services are only available to individuals who can form
legally binding contracts under applicable law. Our Services are not
available to minors under the age of 18 under any circumstances. If
you do not wish to use our Services, please do not use the Web Site.
PhoneCards4All.net may refuse Services to anyone at anytime, at our sole
discretion. To be an eligible member of PhoneCards4All.net you as the user
must provide to PhoneCards4All.net with your legal first and last name,
billing address, city, state, country, postal code, and e-mail
address. Should you knowingly falsify any of the required
information, your account shall be terminated immediately with or
without prior notice. Certain first-time customers will be subject
to verification before the PINs (phone cards) is issued.
Fees.
There are no fees to become a member of PhoneCards4All.net It's free
signup and become a PhoneCards4All.net member. All registered users can
utilize all of the great features My Account offers at no cost.
User Conduct.
You understand that all information, data, text, messages or
other materials, whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such content
originated. This means that you, and not PhoneCards4All.net, are entirely
responsible for all content that you upload, post, email, transmit
or otherwise make available via the Services. PhoneCards4All.net does not
control the content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Services, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will PhoneCards4All.net be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Services to:
"
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
" impersonate any person or entity, including,
but not limited to, an PhoneCards4All.net official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
" intentionally or unintentionally violate any applicable local,
state, national or international law, or any regulations having the
force of law;
" "stalk" or otherwise harass another User; or
" collect or store personal data about other users.
Indemnification.
You agree to release, indemnify, defend and hold harmless
PhoneCards4All.net, its subsidiaries, affiliates, officers, directors,
employees, agents and advisors, from and against any and all losses,
liabilities, claims (including claims without legal merit or brought
in bad faith), demands, damages, costs or expenses, causes of
action, suits, proceedings, judgments, awards, executions and liens,
including reasonable attorneys' fees and costs (whether brought by
third parties or otherwise) (collectively, "Claims") due to or
arising out of your use of or conduct on this Web Site or the
service. PhoneCards4All.net reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder, and in such event, you shall have
no further obligation to provide indemnification for such matter.
Remedies for Misuse of Your Account.
Without limiting any other remedies, PhoneCards4All.net may terminate or
suspend your account and status as a Member if you misuse your
account or any services.
Accuracy of Information Submitted to
PhoneCards4All.net
You are solemnly responsible for the truth and accuracy of all
information you provide publicly or privately to us or other Users
during the registration, or in any public message area, including
but not limited to chat, discussion forms, and your e-mail. Your
Information: (a) shall not be fraudulent; (b) shall not infringe any
third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (c) shall not
violate any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising; (d)
shall not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (e) shall not be obscene or contain child
pornography or, if otherwise harmful to minors; (f) shall not
contain any viruses, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
and (g) shall not link directly or indirectly to any other site; (h)
shall not contain any item that, by paying to us the listing fee or
the final value fee, could cause us to violate any applicable law,
statute, ordinance or regulation. PhoneCards4All.net will only use your
information in accordance with our Privacy Policy.
Ownership of Data.
You acknowledge and agree that PhoneCards4All.net owns all database
information, collective and similar rights, title and interests
worldwide and other proprietary information databases, and all
information.
Intellectual Property.
No User shall receive any right, license or permission to use,
manipulate, reproduce any of the PhoneCards4All.net trademarks, copyrights
content, or other intellectual property rights without the prior
written permission of PhoneCards4All.net.
Breach and Failure to Perform.
Web Site reserves the right to suspend, delete, terminate any
current and future accounts by a user who violates any of the above
terms and regulations of use of the Web Site. We reserve the right
to perpetually suspend or terminate your use of our Web Site or your
status as a member, if you breach this Agreement, or if we are
unable to verify or authenticate any information you provide to us.
Representations and Warranties.
You represent that all information provided by you in connection
with your use of the Services is accurate and current. THE SERVICES
ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from jurisdiction to jurisdiction. No
Warranties. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR
INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS
AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT.
IN PARTICULAR, BUT WITHOUT LIMITATION, PhoneCards4All.net DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PhoneCards4All.net
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF
ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU
UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE
THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Release.
In the event that you have a dispute with a Buyer, Seller, or any
other User, you hereby acknowledge and agree to release PhoneCards4All.net
and its agents and employees from any claims, demands and damages
(both actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT PhoneCards4All.net WILL NOT BE LIABLE,
UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PhoneCards4All.net HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
PhoneCards4All.net's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Services, including, but
not limited to, your bidding on, listing, purchasing, of selling of
a Registration.
Arbitration.
Any controversy or claim arising out of or relating to this
Agreement shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in Boston, Massachusetts by a panel of one
arbitrator, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or PhoneCards4All.net
may seek any interim or preliminary relief from a court of competent
jurisdiction in Boston, Massachusetts necessary to protect the
rights or property of you or PhoneCards4All.net, pending the completion of
arbitration.
General.
Your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of
America and the Commonwealth of Massachusetts, as if the Agreement
was a contract wholly entered into and wholly performed within the
Commonwealth of Massachusetts.
Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section. On occasions, PhoneCards4All.net will send
you information about our promotions or news updates. Users have
these opportunity to opt-out from receiving these notifications. The
failure of PhoneCards4All.net to require your performance of any provision
hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by PhoneCards4All.net of a
breach of any provision hereof be taken or held to be a waiver of
the provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law
or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid
as a whole. PhoneCards4All.net will amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, the original objectives and intent of register.com as
reflected in the original provision. You acknowledge and agree that,
to the extent necessary, it is your responsibility to: (a) provide
all equipment, including a computer and modem, necessary for you to
establish a connection to the Internet; and (b) provide for your own
connection to the Internet and pay any telephone service fees
associated with such connection. This Agreement sets forth the
entire understanding and agreement between us with respect to the
subject matter hereof.
