sms
contact
In progress...
terms of use

The Terms of Use were last updated on 04/30/2009.


The services offered by Telephone (telephone.com) include the telephone.com website (the Telephone Website"), the Telephone Internet mobile service, all Telephone free and paid services and products, and any other features, content, or applications offered at any given time by Telephone in connection with the Telephone Website.


This Terms of Use Agreement (or "Terms of Service") sets forth the legally binding terms for your use of the Telephone services. By using the Telephone Services and Products, you agree to be bound by this Terms of Use Agreement, whether you are a "Visitor" (which means that you simply browse the Telephone Website), or you are a "Member" (which means that you have registered with telephone.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Telephone Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Terms of Use Agreement.


Please read the Terms of Use carefully. If, for some reason, you do not agree with it, you should leave the Telephone Website and discontinue use of the Telephone Services and Products immediately.


If you wish to become a Member and benefit from Telephone Services and Products, you must read the Terms of Service, and by joining the service during the registration ("Sign Up") process, indicate that you have read and accepted the Terms of Service and Privacy Policy.


This Terms of Use Agreement includes telephone.com's policy for acceptable use of the Telephone Services, Products, and Content posted on the Telephone Website, your rights, obligations, and restrictions regarding your use of the Telephone Services and Products.


In order to participate in certain Telephone Services and Products, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Telephone Services and Products in which you choose to participate, those additional terms are hereby incorporated into this Agreement.


Terms of Use Agreement


telephone.com may modify this Agreement from time to time and such modification shall be effective upon posting by Telephone on the Telephone Website. You agree to be bound to any changes to this Agreement when you use Telephone Services and Products after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on Telephone, and that you provide to other Users. Despite this prohibition, information provided by other Telephone Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and telephone.com assumes no responsibility or liability for this material. If you become aware of misuse of the Telephone Services and Products by any person, please contact us through our Support section.

Telephone reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Telephone Services and Products at any time, for any or no reason, with or without prior notice, and without liability.


Eligibility


  • all registration information you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • your use of the Telephone Services and Products does not violate any applicable law or regulation;
  • underage use of the service is allowed only with the consent of the legal guardian.

Term


This Agreement shall remain in full force and effect while you use the Telephone Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Cancellation section. Telephone may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect for all sections.


Fees


You acknowledge that Telephone reserves the right to charge for the Telephone Services and Products and to change its fees from time to time in its discretion. If Telephone terminates your Membership because you have breached the Agreement, or for any other illegal reason, you shall not be entitled to the refund of any unused portion of subscription fees. Periodically, Telephone revises inactive accounts and flags them as disabled.


Password


When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify telephone.com immediately (by posting privately on telephone.com's Support section) if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


Non-commercial Use by Members


The Telephone Services and Products are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by telephone.com. Illegal and/or unauthorized use of the Telephone Services and Products, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Telephone Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Telephone Services and Telephone Products.


Proprietary Rights in Content on telephone.com


telephone.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, 'Content') that you post to the Telephone Services and Products or host within the Telephone platform. After posting your Content to the Telephone Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ('posting') any Content on or through the Telephone Services and Products, you hereby grant to Telephone.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Telephone Services, Telephone APIs and Telephone Products. Without this license, Telephone would be unable to provide the Telephone Services. The license you grant to Telephone is non-exclusive (meaning you are free to license your Content to anyone else in addition to Telephone), fully-paid and royalty-free (meaning that Telephone is not required to pay you for the use on the Telephone Services and Products of the Content that you post), sub-licensable (so that telephone.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Telephone Services), and worldwide (because the Internet and the Telephone Services are global in reach). This license will terminate at the time you remove your Content from the Telephone Services and Products. The license does not grant Telephone the right to sell your Content, nor does the license grant telephone.com the right to distribute your Content outside of the Telephone Services and Products.

You represent and warrant that:

  • you own the Content posted by you on or through the Telephone Services or otherwise have the right to grant the license set forth in this section, and
  • the posting of your Content on or through the Telephone Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other money owing any person by reason of any Content posted by you to or through the Telephone Services and Products.

The Telephone Services contain Content of Telephone.com and all subsequent Telephone domain extensions owned by Telephone ('Telephone Content'). Copyright, trademark, patent, trade secret and other laws protect Telephone Content, and Telephone owns and retains all rights in the Telephone Content and the Telephone Services and Products. Telephone hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Telephone Content (excluding any software code) solely for your personal use in connection with viewing the Telephone Website and using the Telephone Services and Products.


The Telephone Services and Products contain Content of Users and other Telephone licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Telephone Services.


Content Posted


Telephone may delete any Content that in the sole judgment of Telephone violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Telephone assumes no responsibility for monitoring the Telephone Services for inappropriate Content or conduct. If at any time Telephone chooses, in its sole discretion, to monitor the Telephone Services, Telephone nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.


Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

You are solely responsible for the Content that you post on or through any of the Telephone Services and Products, and any material or information that you transmit to other Members and for your interactions with other Users. Telephone does not endorse and has no control over the Content. Content is not necessarily reviewed by Telephone prior to posting and does not necessarily reflect the opinions or policies of Telephone. Telephone makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.


Content/Activity Prohibited


The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Telephone Services and Products. Telephone reserves the right to investigate and take appropriate legal action against anyone who, in Telephone's sole discretion, violates this provision, including without limitation, removing the offending communication from the Telephone Services and Products and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Telephone:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any street addresses, last names, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files outside of the Telephone service;
  • involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, 'spimming,' or 'spamming'; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent.

Content intended to draw traffic to the profile


The following is a partial list of the kind of activity that is illegal or prohibited on the Telephone Website and through your use of the Telephone Services and Products. Telephone reserves the right to investigate and take appropriate legal action against anyone who, in Telephone's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.


Prohibited activity includes, but is not limited to:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material,drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Telephone Services. It is also a violation of these rules to use any information obtained from the Telephone Services and Products in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Telephone reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Telephone deems appropriate in its sole discretion;
  • if you breach this Agreement and send unsolicited communications of any kind through the Telephone Services, you acknowledge that you will have caused substantial harm to telephone.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay telephone.com the sum of $50 for each such unsolicited communication you send through the Telephone Services; which will be withdrawn immediately from your wallet account or through a letter to your financial account(bank/credit card) in case of insufficient funds in your wallet account;
  • covering or obscuring the banner advertisements on your personal profile page, or any telephone.com page via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to send messages;
  • interfering with, disrupting, or creating an undue burden on the Telephone Services or the networks or services connected to the Telephone Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account or permitting any third party to access your profile;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Telephone Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Telephone Services on behalf of that person, sending private messages with a commercial purpose; or
  • using the Telephone Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy


You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner and informing Telephone.com of such consent of such proprietary rights. As you may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks, or other propriety information belonging to Telephone site, whether through copying, printing, republishing, distributing, selling, renting, leasing, or otherwise through any form or any means for all or for any portion of the site. It is the policy of Telephone to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Telephone by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Telephone Services or Products in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Telephone Services;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Member Disputes. You are solely responsible for your interactions with other Telephone Members. Telephone reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy


Use of the Telephone Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.


Disclaimers


  • Telephone is not responsible for any incorrect or inaccurate Content posted on the Telephone Website or in connection with the Telephone Services and Products, whether caused by Users of the Telephone Services and Products or by any of the equipment or programming associated with or utilized in the Telephone Services. Profiles and content created and posted by Members on the Telephone Website may contain links to other websites.
  • Telephone.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Telephone. Inclusion of any linked website on the Telephone Services and Products does not imply approval or endorsement of the linked website by Telephone. When you access these third-party sites, you do so at your own risk. Telephone takes no responsibility for third party advertisements, which are posted on this Telephone Website or through the Telephone Services and Products, nor does it take any responsibility for the goods or services provided by its advertisers.
  • Telephone is not responsible for the conduct, whether online or offline, of any User of the Telephone Services and Products.
  • Telephone assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Telephone is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any messages due to technical problems or traffic congestion on the Internet or on any of the Telephone Services, Products or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Telephone Services and Products.
  • Under no circumstances shall Telephone be responsible for any loss or damage, including personal injury or death, resulting from use of the Telephone Services and Products, attendance at a Telephone event, from any Content posted on or through the Telephone Services and Products, or from the conduct of any Users of the Telephone Services and Products, whether online or offline.
  • Telephone Services and Products are provided 'AS-IS' and as available and Telephone expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Telephone cannot guarantee and does not promise any specific results from use of the Telephone Services and Products.
  • Telephone.com bears no responsibility for any damage incurred to your personal computer, notebook, mobile device or laptop from using Telephone site, services and products.

Limitation on Liability


In no event shall Telephone be liable t you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Telephone has been advised of the possibility of such damages. Not withstanding anything to the contrary contained herein, telephone.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to telephone.com for the Telephone services during the term of membership.


U.S. Export Controls


Software available in connection with the Telephone Services (the 'Software') is further subject to United States Export Restrictions. No Software may be downloaded from the Telephone Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.


Indemnity


You agree to indemnify and hold Telephone, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Telephone Services and Products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Telephone Website or through the Telephone Services and Products causes Telephone to be liable to another.


Other


This Agreement is accepted upon your use of the Telephone Website or any of the Telephone Services and Products and is further affirmed by you becoming a Telephone Member. This Agreement constitutes the entire agreement between you and Telephone regarding the use of the Telephone Services and Products. The failure of Telephone to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Telephone is a trademark of Telephone. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


SMS Messaging


Many of Telephone's services work with SMS messaging. This requires registered Telephone users to input the mobile country code, network operator and the number of the message recipient. This service is strictly offered to Telephone members and as a Graphical User Interface between the web and Gateway Provider. Telephone provides this interface to all users who have verified their mobile number and/or email address and in no way assumes any responsibility for the actions of individual users and their messaging habits. Any reports of abuse will result in Telephone discontinuing user accounts without any notification whatsoever. Each user takes FULL RESPONSIBILITY for the destination and content of each and every message they send through the Telephone GUI web interface. Telephone SMS messaging service is strictly optional and Telephone is in no way liable or responsible for any misrepresentation or misuse of mobile phone numbers or wrong mobile numbers. Telephone will never use our SMS messaging service for SMS spamming or telemarketing, however since portions of the service might be ad supported, Telephone reserves the right to place a small sponsored text ad from select advertisers, of no more than 60 characters long, on the footer of each SMS message sent through the telephone.com site. Any user sending SMS messages through the Telephone GUI interface understands that they are responsible, as senders, for any complaints or disputes that a recipient may have with the advertisements that accompany the message. Telephone assumes no responsibility, nor is legally liable for any damage, whether personal or professional, for any late delivery, or failed delivery, or erroneous scheduling of SMS messages.


Should you need to report abuse, please contact us through our Support section.


Physical Location


We provide the information to trusted partners who work on behalf of or with Telephone under confidentiality agreements. These companies may use your personal information to help Telephone communicate with you about offers from Telephone and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action relating to illegal activities, suspected fraud, emergency situations involving potential threats to the physical safety of any person, violations of Telephone's terms of use, or as otherwise required by law. We transfer basic information about you if Telephone is acquired by or merged with another company. In this event, Telephone will notify you before information about you is transferred and subject to a different privacy policy.


Your Ability to Edit and Delete Your Account Information and Preferences.


While using mobile devices for connecting to Telephone, limitations of the service may prevent you from utilizing full functionality of Telephone Services and Products.

Because many phone companies recycle phone numbers, it is possible for users who purchase a new phone to receive alerts that the previous owner had subscribed to. Since your phone has an email address that anyone can send a message to, Telephone can only stop alerts that it manages. Only your carrier can prevent all messages from being delivered to your device.


Other


When you access telephone.com, you are subject to the Telephone Terms of Service.

If you have questions about this service or Telephone Services and Products, please visit the Telephone Support section.


Refunds and Cancellation of Paid Products and Services: Refund Policy.


Our general refund policy is to oblige refund requests that are made within one month of purchase in which no actual consumption of the product or the service has been initiated.

However, the total value of the refund that we make is dependant upon two factors:

  • The level of its usage - we will not allow our refund policy to be abused and taken advantage of.
  • The involvement of a third party supplier - If the product/service has involved a third partysupplier, our ability to provide a refund depends on whether payment has been made to the third partyand their refund policies.
    • Actual consumption of the service or product has occurred and taken place, rendering an actual refund of the virtual product meaningless.
    • All disputes and purchase inquiries, along with their Order Number and Order Date, and detailed description of a customers feedback or problems with the purchased service and product must be communicated to us through our Support section for possible refund consideration, on condition that date of invoices sent to our support must not exceed three months from date of dispute.
    • We may also issue a refund for any payment that we do not wish to accept. You understand that the returning of monetary funds, unless otherwise agreed, will be made through the same mechanism through which they were initially accepted.

Cancellations

A customer may cancel, pause or suspend an account, service or product immediately, at their convenience by:

  • By simply not sending or consuming any remainder of the service, product or virtual good they have purchased, for a consecutive period of 6 months, after which the system automatically cancels its account.
  • By contacting us through our Support section from your registered email on account and providing a username, full name, Order Number and Order Date, and detailed description of your reason for cancellation of the purchased service and product.

Governing Law


This agreement shall be in all aspects governed by, construed and enforced in accordance with the laws of Virginia State, USA. American law shall have the exclusive responsibility and competence to settle any dispute, differences or violation of the above terms and conditions of Telephone services, between the parties.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.