Acceptance of Terms
These Terms of Service apply to all users of Phonevite Services (as defined below). Phonevite Services include all aspects of Phonevite, including but not limited to the website, and all products, software and services offered via the Phonevite website (including the Embeddable Voice Player and other applications), telephone, or other medium through which services are offered to or accessed by users (together, the "Phonevite Service").
Phonevite reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Service at any time, including without limitation access policies, the availability of any feature of the Phonevite Service, hours of availability, content, data, software or equipment needed to access Phonevite Services, effective with or without prior notice. Although we may attempt to notify you when material changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://www.phonevite.com/company/terms. IF YOU CANNOT COMPLY WITH CHANGES TO THESE TERMS OF SERVICE, OR SUCH CHANGES ARE UNACCEPTABLE TO YOU, YOU MUST TERMINATE, AND IMMEDIATELY STOP USING THE IFONOCLAST SERVICE. Your continued use of any aspect of the Phonevite Service following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
Registration and Termination
You agree, as a condition of your use of the Phonevite Service, to provide Phonevite with accurate and complete information when registering for or using the Phonevite Service, and to update and maintain such information.
The Phonevite Service is available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under these Terms of Service. By agreeing to these Terms of Service during user registration, you represent that you are at least eighteen (18) years of age and are either accepting the Terms of Service on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your account with anyone, unless you are a parent or guardian, in which case you may permit one child to use your account instead of yourself. You are liable for all activities conducted through your account.
The Children's Online Privacy Protection Act, 15 U.S.C § 6501 et seq. imposes rules regarding the collection of personal information from children. The Phonevite Service is not directed at children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an account and must not provide any personal information to Phonevite.
Phonevite has the right, in its sole and absolute discretion and without providing notice to you, to suspend, restrict or terminate your use of the Phonevite Service and/or your account, and to refuse any future use of all or any portion or portions of the Phonevite Service at any time for any reason. Any advance payment you may have been made may not be refunded if you violate these Terms of Service.
When you sign up, you will establish an email address as the user ID and a password of your choice. You are responsible for protecting the confidentiality of your user ID and password, and you shall accept responsibility for all activities that occur under your user ID.
You agree to: (1) exit from your account when you conclude each session, and (2) immediately notify Phonevite of any loss, compromise or unauthorized use of your user ID and password or any other breach of security. You may notify Phonevite by sending an e-mail to firstname.lastname@example.org.
Voice Recording and Monitoring Consent
You agree and consent that Phonevite may record or monitor oral or voice communications, utterances, and conversations or commands made by you during the use of the Phonevite Service as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 632 et seq., and other state laws that regulate call monitoring and recording.
Phonevite is under no obligation to monitor or record its Services for accuracy, completeness, or quality. You understand that recordings may or may not resemble that which you intend to record and that Phonevite is under no obligation to ensure that recordings will successfully represent that which you intend to record. You agree that all recordings or monitoring become part of the Content (hereinafter defined) of the Phonevite Service.
Restriction and Modification of Service
You agree that Phonevite may limit your use of the Phonevite Service, including without limitation the frequency and duration for which you may access the Phonevite Service, and that Phonevite has no responsibility or liability for any unavailability or limitation on use of the Phonevite Service.
In addition, Phonevite reserves the right at any time to limit access to, modify, change, suspend or discontinue the Phonevite Service, or any part thereof, without notice to you.
You agree that Phonevite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Phonevite Service.
You acknowledge and agree that Phonevite may establish general practices and limits, which may not be published, concerning the use of the Phonevite Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Phonevite Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Phonevite Service, in a given period of time.
You agree that Phonevite has no responsibility or liability for the deletion or failure to store any Content, including messages and other communications maintained or transmitted by the Phonevite Service. You acknowledge that Phonevite reserves the right to terminate any inactive or dormant account(s). You agree that Phonevite reserves the right to change these general practices and limits at any time, in its sole discretion, without notice to you.
User Permission and Restrictions
You may not use the Phonevite Service in any manner that could damage, impair, disable or overburden the Phonevite Service, interfere in any way with Phonevite's rights, interfere in any way with any other user's use and enjoyment of the Phonevite Service, or otherwise infringe any person's rights.
Specifically, you agree and warrant to Phonevite that:
- You will not use, or attempt to use, the Phonevite Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights;
- Your use of the Phonevite Service will comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations;
- You will not use, or attempt to use, the Phonevite Service to send junk messages, spam, advertising or messages that are duplicative, unsolicited, or promotional in nature;
- You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
- You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
- You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Phonevite, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
- You will not resell, or attempt to resell, the use of the Phonevite Service without express, prior written consent from Phonevite;
- You will not collect, or attempt to collect, or store information about the Phonevite Service or other users, including contact information, without their consent;
- You will not interfere, or attempt to interfere with or disrupt connections to the Phonevite Service or violate the regulations, policies or procedures of such connections including, without limitation, via means of submitting a virus to the web-site, "overloading", "flooding", "spamming", "mail bombing" or "crashing";
- You will not attempt to gain unauthorized access to the Phonevite Service, other accounts, computer systems or networks connected to the Phonevite Service including, without limitation, through password/PIN mining or any other means;
- You will not misrepresent your identity while using the Phonevite Service;
- You agree not to alter or modify any part of the Phonevite Service, including but not limited to the Embeddable Voice Player or any of its related technologies;
- You agree not to access any Content (as defined below) through any technology or means other than the voice playback pages of the website itself, the Embeddable Voice Player, or other explicitly authorized means Phonevite may designate;
- If you use the Embeddable Voice Player, you must include a prominent link back to the Phonevite website on the pages containing the Embeddable Voice Player and you may not modify, build upon, or block any portion of the Embeddable Voice Player in any way.
As part of the Phonevite Service, Phonevite may offer you access to communications, media and commerce services. Phonevite does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Phonevite Service.
You acknowledge that the Phonevite Service simply acts as a passive conduit for the distribution and transmission of information and that Phonevite has no obligation to screen, preview, or monitor any Content, Published Content (as defined below) or otherwise.
By using the Phonevite Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Phonevite Service, including Content that may be offensive, indecent or objectionable.
Under no circumstances will Phonevite be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content; loss, destruction or degradation of any Content; or for any loss or damage of any kind incurred as a result of the use of any Content stored, sent, accessed, posted or otherwise transmitted via the Phonevite Service.
Use of Content
If you post or publish your Content and make it available to others through any aspect of the Phonevite Service, including the Embeddable Voice Player, links, permission levels or other explicitly authorized means Phonevite may designate (such Content, the "Published Content"), the following restrictions and conditions apply:
- Your Published Content will no longer be private;
- You shall not copy or download any Content, whether Published Content or otherwise, unless you see an "imbed", "link" or similar link displayed by Phonevite for that Content;
- You may access Content, Published Content and other content only as permitted under these Terms of Service;
- Phonevite reserves all rights not expressly granted in and to Content and Published Content;
- You agree to not engage in the use, copying, or distribution of any Content other than expressly permitted herein, including any use, copying, or distribution of Published Content of third parties obtained through the Phonevite Service for any commercial purposes;
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Phonevite Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Phonevite Service or content therein;
- You understand that when using the Phonevite Service, you will be exposed to Published Content from a variety of sources, and that Phonevite is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Phonevite with respect thereto, and agree to indemnify and hold Phonevite, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Phonevite Service;
- Phonevite does not guarantee any confidentiality with respect to any Content, whether Published Content or otherwise;
- You shall be solely responsible for your own Content and the consequences of posting or publishing them. In connection with Published Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Phonevite to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Published Content to enable inclusion and use of the Published Content in the manner contemplated by the Phonevite Service and these Terms of Service;
- For the avoidance of doubt, you retain all of your ownership rights in your Content. However, you hereby grant Phonevite a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Published Content in connection with the Phonevite Service and Phonevite's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Phonevite Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Phonevite Service a non-exclusive license to access your Published Content through Phonevite Services, and to use, reproduce, distribute, display and perform such Published Content as permitted through the functionality of the Phonevite Service and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your Published Content from your account. You understand and agree, however, that Phonevite may retain, but not display, distribute, or perform, server copies of Published Content that have been removed or deleted. The above licenses granted by you in Published Content are perpetual and irrevocable;
- In connection with Published Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Phonevite all of the license rights granted herein;
- You further agree that you will not, in connection with Published Content, submit material that is contrary to these Terms of Service;
- Phonevite does not endorse any Published Content or any opinion, recommendation, or advice expressed therein, and Phonevite expressly disclaims any and all liability in connection with Published Content. Phonevite does not permit infringement of intellectual property rights through the use of the Phonevite Service, and Phonevite will remove all Published Content if properly notified that such Published Content infringes on another's intellectual property rights;
- You further agree that you will not, in connection with any Content (private, published or posted), submit material that is in violation of these Terms of Service, or contrary to applicable local, national, and international laws and regulations;
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Published Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA notices should be emailed to email@example.com. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
Anti-Spam Rule and Consent to Damages
Phonevite will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities, such as illegal telemarketing.
Phonevite retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Phonevite, then you agree to pay Phonevite liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Phonevite account; otherwise, you agree to pay Phonevite's actual damages, to the extent such actual damages can be reasonably calculated by Phonevite.
As a part of your use of Phonevite Services, you agree to comply with the rules and regulations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200 including, but not limited to, the national "Do-Not-Call" list rules and regulations. Specifically, you agree that you will not make automatic telephone dialing system calls ("ATDS") or prerecorded advertisement or telemarketing calls to cell phones or other numbers for which the called party is charged without prior express written consent in violation of the TCPA. You agree that you will not make prerecorded calls to residential lines without prior express written consent in violation of the TCPA.
You further agree to comply with the rules and regulations of the Telemarketing Sales Rule ("TSR"), 16 C.F.R. § 310 et seq., and all additional state telemarketing and "Do-Not-Call" list rules and regulations. You represent and warrant that your use of the Phonevite Service will not cause Phonevite to violate these or other similar laws.
You agree to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR §6 64.1200 et seq., and any other similar laws. You agree not to violate these, or any other applicable anti-solicitation laws, and
You agree that it is your responsibility to abide by any federal and state laws applicable to your use of Phonevite Services. You understand and agree that Phonevite will not be held responsible for damages to you or any third party incurred due to your failure to abide by state or federal laws.
If you are using the Phonevite Service in Canada, you agree to comply with all Canadian telecommunications or privacy laws and rules including rules and orders issued by the Canadian Radio-television and Telecommunications Commission, any National Do Not Call Registry or Unsolicited Telecommunications Rules, the federal Personal Information Protection and Electronic Documents Act or any substantially similar provincial law which may be applicable.
Phone Charges and Billing
Phonevite calls and delivers messages to phone numbers within the contiguous forty eight (48) states and Hawaii and charges the rates published on its web site(s), plus any applicable taxes, fees and surcharges as mandated by law. Phonevite may add or modify the rates or service fees at any time without providing notice to you. The current rates are listed on the Phonevite web site. All rates are provided in U.S. dollar amounts.
Phonevite charges you on a prepaid basis debiting your credit card or bank account as authorized by you. At your request, Phonevite may automatically charge a preset amount when your account balance falls under a specified threshold.
Privacy and Disclosure
Phonevite may make your personally identifiable information available to its employees and third parties with whom it contracts in respect of the Phonevite Service. In addition, Phonevite may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about its users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Phonevite may make such uses of information you provide or Phonevite collects.
Phonevite is committed to protecting your privacy, but does not guarantee your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Phonevite may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with any legal process; (2) respond to claims of a violation of the rights of third parties; or (3) protect the rights, property, or safety of Phonevite, its users or the public. Phonevite does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
The Phonevite Service may provide you with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Phonevite Service. Phonevite provides these links for your convenience only. Phonevite does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers.
Phonevite is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and is at your own risk. You agree that Phonevite is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
Linking to Phonevite's web site is strictly prohibited without written consent from Phonevite.
Disclaimer of Warranties
Phonevite disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in its site(s). Phonevite disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, communication or material. Phonevite disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through its site(s).
THE PRODUCTS AND SERVICES PROVIDED BY IFONOCLAST, AND ALL MATERIALS AND INFORMATION INCLUDED IN IFONOCLAST PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR REPRESENTATIONS WHATSOEVER. IFONOCLAST AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IFONOCLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IFONOCLAST SERVICES. IFONOCLAST AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE IFONOCLAST SERVICE. IFONOCLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IFONOCLAST SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE IFONOCLAST SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE IFONOCLAST SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE IFONOCLAST SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IFONOCLAST OR ITS LICENSORS OR AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY referred to as .IFONOCLAST. for the purposes of this Limitation of Liability and the Indemnification hereunder) BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE IFONOCLAST SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IFONOCLAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE IFONOCLAST SERVICE, FROM INABILITY TO USE THE IFONOCLAST SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE IFONOCLAST SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE IFONOCLAST SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IFONOCLAST SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE IFONOCLAST SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE IFONOCLAST SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE IFONOCLAST SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IFONOCLAST SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF IFONOCLAST UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE DOLLAR AMOUNT WHICH YOU PAID TO IFONOCLAST FOR USE OF THE IFONOCLAST SERVICE.
Without limiting the foregoing, under no circumstances shall Phonevite be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IFONOCLAST FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES RESULTING FROM OR ARISING OUT OF ANY CONTENT YOU TRANSMIT THROUGH THE IFONOCLAST SERVICE, YOUR USE OF THE IFONOCLAST SERVICE, YOUR VIOLATION OF THE TERMS OF SERVICE OR USER AGREEMENT OR ANY HARM YOU MAY CAUSE TO ANYONE IN CONNECTION WITH SAME. YOU AGREE THAT IFONOCLAST RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Intellectual Property Rights
You acknowledge and agree that the Phonevite Service and any necessary software used in connection with the Phonevite Service is the property of Phonevite and contains proprietary and confidential information that are protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Phonevite Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Phonevite Service, except as set forth herein.
Phonevite, the Phonevite logo and other Phonevite logos, product and service names may be trademarks, service marks or other intellectual property of Phonevite (the " Phonevite Marks"). You agree not to display or use the Phonevite Marks in any manner without the prior, express written permission of Phonevite.
The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your account. You expressly agree that exclusive jurisdiction for any claim or dispute with Phonevite, arising out of or relating in any way to your account or your use of the Phonevite Service resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Phonevite or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be invalid or unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service, the User Agreement and any document referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service, User Agreement or other document referenced herein will be effective only if in writing and signed by Phonevite.
Last revised August 20, 2015.