[Last Revised: November ___, 2017
ACCEPTANCE OF TERMS
BY ACCESSING WEBSITE OR USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, AS WELL AS APPLICABLE LAWS AND REGULATIONS, WHEN USING OUR WEBSITE OR SERVICE. YOU HEREBY ACCEPT THESE TERMS BY SIMPLY ACCESSING THE WEBSITE. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION. IF YOU DO NOT AGREE TO THESE TERMS IN ITS ENTIRELY, PLEASE DO NOT ACCESS, VIEW, OR USE THE WEBSITE OR SERVICES IN ANY MANNER.
ELIGIBILITY AND AGE LIMITATION
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into these Terms. Minors under the age of eighteen (18) are prohibited from using the Services.
Our Website provides you with users’ generated content which includes reviews and ratings of phone numbers (“UGC”), as well as provides you with the ability to rate and post comments and reviews on phone numbers displayed on the Website (collectively with the Website shall be referred as the “Services”). The Services may include additional content provided by us or by third parties’ (collectively with the UGC shall be referred as the “Content”) However, all ratings and reviews displayed on the Website are made solely by other users and not by us. We do not rate or review the phone numbers rather solely display users’ uploaded reviews and ratings.
USER GENERATED CONTENT
The UGC shall include, among other, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users. You hereby acknowledge and agree that: (i) the UGC uploaded by you may not violate any applicable law, and will not contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, racism, defamatory, adult and pornography content, content which may infringe third party intellectual property, content which may infringe the right to privacy (including, but not limited, to the use of children’s images, names or phone numbers, or include any personal information on you or other users’) and content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product; (ii) your reviews and rating shall be based on your experience with the applicable phone number. You are solely liable for the accuracy of the reviews or any comments you post; (iii) by submitting, posting, or displaying UGC through the Services you grant us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC. Furthermore, you grant each user of the Services, a worldwide, non-exclusive, royalty-free license to view and access your UGC through the Services; and (iv) we reserve the right to refuse or accept post, display or transmit any UGC submitted to the Website. We have no responsibility to store or maintain any UGC submitted to or posted on the Website and will not be held liable for any failure to store or maintain any such content.
If we believe, in our sole discretion, or we discover that the UGC provided by you violates or may violate any of the aforesaid, we will have the sole and absolute right to remove, delete and band such UGC, as well as restrict your access or use of the Services. We reserve the right remove any part of the UGC at our sole discretion, with or without cause.
Nonetheless, you acknowledge that the Services are for informational and editorial purposes only and may contain Content, including UGC, that you deem or find objectionable. We have no obligation to monitor the UGC and the responsibility and liability with respect to the UGC and its compliance with the law and these Terms are obliged on you. we are not responsible or liable, directly or indirectly, for the UGC or its accuracy or any loss or damage incurred as a result of a UGC posted on the Website. Notwithstanding the above, if you believe, in good faith, that any Content or UGC violates your rights, please contact us via our Contact Us page (“Notice”). We will respond to any Notice we receive by investigating the allegation and removing the alleged infringing UGC should we determine that an infringement has occurred. When submitting a Notice, please identify the Content or UGC that you claim has been violating your rights, and information reasonably sufficient to permit us to locate the Content or UGC, if applicable the phone number which the UGC or Content refers to. We will respond at reasonable Notice submitted to us.
RESTRICTIONS OF USE AND USERS’ WARRANTIES
The Services are provided to you for your personal and non-commercial use only; You agree only to use the Services as set forth in these Terms and according to applicable laws and regulations. You hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Services, gain unauthorized access to the Services or its related systems or networks, or attempt to derive the source code; (ii) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the Services, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner (including without limitation in violation of any third party's privacy or proprietary right, or any export control laws) or in any manner that interferes with or disrupts the integrity or performance of any portion of the Service or use of them in a manner which violates any applicable local, state, national, or international law or regulation, or for any unlawful, harmful, irresponsible, or inappropriate purpose; (iv) assert any proprietary rights in or to the Content, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Website and Services; (v) use, access or attempt to access the Service in connection with any automated means (including robots, scrapers, etc.); and (vi) use our name, logo or trademarks without prior written consent; (vii) Extract, collect or store personal data about other users without their express permission.
You are responsible for any of your actions which breach or could be reasonably construed as a violation of any applicable law applies to you or breach of these Terms. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
THIRD PARTY LINKS
The Service and Content may include advertisements and links to websites and services operated by third parties (“Third Party Website”). You acknowledge and agree that: (i) we have no control over any Third Party Website that may be linked from the Services and we do not exercise editorial or programming control over Third Party Website and any content therein; (ii) we have no obligation to monitor any content provided through Third Party Website, and you may not consider the display of such content as endorsed, supported, encouraged, recommended or promoted by us; and (iii) we are not responsible or liable, directly or indirectly, for the accuracy of the content provided therein or any loss or damage incurred as a result of your use of or reliance on any Third Party Website available and provided therein.
COPYRIGHT, CONTENT AND INTELLECTUAL PROPERTIES
The Services are protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain design, text, images, information, logos, photographs, illustrations, artwork, graphic material and all copyrightable or otherwise legally protectable elements of the Service or Content including, without limitation all trademarks, service marks and trade names and excluding the Third Party Websites and UGC (individually or collectively, “Protected Content”). Except as permitted by us, and without derogating from the generality of the described under these Terms, you may not copy, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, display, sell or otherwise use any of the Protected Content, including any derivative works therein. The Company retains all right, title ownership and interest in and to the Protected Content to the fullest extent possible under applicable law.
You may not post or submit (including by UGC) any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred.
DISCLAIMER OF WARRANTY
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, INCLUDING REGARDING THE UGC, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND THE UGC ARE PROVIDED “AS-IS”. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE SERVICES. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS AND CONTENT. YOUR USE OF THE SERVICES, ANY UGC YOU UPLOAD, AND RELIANCE ON THE INFORMATION ON THIS WEBSITE ARE SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON THE SERVICES OR THE CONTENT, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONTENT AVAILABLE THEREIN.
You agree to hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless and indemnify us from and against any third-party claim or demands arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
CHANGES TO THE WEBSITE
We reserve the right to modify, correct, amend, enhance, improve, remove, make any other changes to, or discontinue, temporarily or permanently, the Services, Website or Content, without notice, at any time. we have no obligation to provide support or maintenance for the Services. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services.
We reserve the right to change these Terms at any time, so please re-visit this page frequently. We may amend these Terms, at any time under our sole discretion, by posting the amended version on the Website or by obtaining your consent to changes as may be required by applicable law. All changes to the Terms are effective as of the stated “Last Revised” date above and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event of material changes, we will make best efforts to send you a written notification.
At any time, you may stop using the Service. We also reserve the right, at any time, to discontinue, suspend or modify any aspect of the Service or terminate these Terms and your use of the Service with or without cause. The Company shall not be liable to you or any third party for any of the foregoing. These Terms will automatically terminate if you fail to comply with any of its requirements. Upon any termination, you agree to stop using the Service and exit the Website.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision you must provide us with an applicable notice that includes your name and residence address, and a clear statement of your wish to opt-out.
These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
If you have any questions about these Terms, please contact us via our Contact Us page, located in the footer of the website.