Forcalling.com Service Terms and User Agreement
By purchasing Forcalling.com 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 Forcalling.com
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 Forcalling.com from
time to time.
This Agreement in addition to any other rules and policies, make up
the complete and exclusive agreement between you and Forcalling.com
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 Forcalling.com, 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, Forcalling.com 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 Forcalling.com.
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.
Forcalling.com may refuse Services to anyone at anytime, at our sole
discretion. To be an eligible member of Forcalling.com you as the user
must provide to Forcalling.com 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 Forcalling.com.
It's free signup and become a Forcalling.com 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 Forcalling.com, are entirely responsible
for all content that you upload, post, email, transmit or otherwise
make available via the Services. Forcalling.com 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 Forcalling.com
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 Forcalling.com 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
Forcalling.com, 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. Forcalling.com 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, Forcalling.com
may terminate or suspend your account and status as a Member if you
misuse your account or any services.
Accuracy of Information Submitted to Forcalling.com
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. Forcalling.com will only use your information in accordance
with our Privacy Policy.
Ownership of Data.
You acknowledge and agree that MasterBell.com 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 Masterbell.com trademarks,
copyrights content, or other intellectual property rights without the
prior written permission of Masterbell.com.
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, Forcalling.com 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. Forcalling.com 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
Forcalling.com 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 Forcalling.com 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 Forcalling.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL Forcalling.com'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 Forcalling.com 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 Forcalling.com, 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,
Forcalling.com will send you information about our promotions or news
updates. Users have these opportunity to opt-out from receiving these
notifications. The failure of Forcalling.com 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 Forcalling.com
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.
Forcalling.com 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.
|
