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GLAMORE TELECOMM INC d/b/a myphonefree.com
Terms of Use
Glamore Telecomm Inc, ("myphonefree.com") makes
available for your use on its websites ("Website" or "Site")
information, documents, software and products (collectively "Materials")
and various services offered by Myphonefree (collectively "Services")
subject to the terms and conditions set forth in this document
("Terms of Use"). By accessing or using this Site,
which includes your access to or use of any Materials or
Services, you agree to be bound by these Terms of Use. If
you do not wish to be bound by these Terms of Use, you may
not access or use the Site, Materials, or any of the Services
offered by Myphonefree.. By using the Materials or Services,
offered by Myphonefree, you are agreeing to be bound by these
Terms of Use.
Myphonefree may modify the Materials, Services
and Terms of Use at any time without notice and such modifications
shall be deemed effective immediately upon making such changes.
Additionally, when using particular Services or Materials,
you shall be subject to all posted agreements, guidelines
or rules applicable to such Services or Materials that may
contain terms and conditions in addition to those in the
Terms of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use.
BILLING Call times for each call are rounded
up to the next whole minute and billed in full minute increments.
Per call charges are rounded up to the next whole penny.
All calls for which we receive answer supervision shall incur
a minimum one-minute charge. Myphonefree relies on answer
supervision to determine whether and when a call has been
answered. Answer supervision is a signal sent by the carrier
connecting the call to indicate the start of call. Answer
supervision is generally received when a call is answered;
however, answer supervision may also be generated by voicemail
systems, private branch exchanges, and inter-exchange switching
equipment. Where no answer supervision is received, we will
commence billing forty (40) seconds following dial time unless
the caller has terminated the call. You must notify us in
writing of any disputed charges within sixty (60) days of
the charges or you will have waived your right to dispute
the charges. If you have a Myphonefree, PC-to-Phone account,
the funds in your account will expire unless you make at
least one paid call every 90 days.
TRADEMARKS All corporate names, service
marks, logos, trade names, trademarks, websites and domain
names of Myphonefree (collectively "Marks") are
and shall remain the exclusive property of MyPhonefree
and nothing in this agreement shall grant you the license
to use such Marks.
COPYRIGHT All Services and/or Materials
found in the Myphonefree Website are protected by trademark,
copyright, or other intellectual property laws. Any commercial
use of the Services and/or Materials found on the Website
is strictly prohibited, without the express, prior, written
consent of Myphonefree. Any reproduction or redistribution
of the Services and/or Materials not in accordance with the
terms set forth herein is expressly prohibited by law, and
may result in severe civil and criminal penalties.
USE OF SOFTWARE The software that is made available to download
from this Site is the copyrighted work of myphonefree and/or
its suppliers and partners. Use of such software is governed
by these Terms of Use and the terms set forth in the applicable
end user license agreement. You may not reverse engineer,
de-compile or otherwise attempt to discover the source code
of the software available on the Website. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
YOUR CONDUCT You agree to use the Materials and Services
for lawful purposes only. You are prohibited from posting
on, or transmitting through, the Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, discriminatory, or other
objectionable material of any kind, including, without limitation,
material that encourages unlawful conduct. If myphonefree
believes, in its sole discretion, that you have engaged in
any of the foregoing conduct, myphonefree may, (i) remove
such content from the Site; (ii) terminate or suspend your
account or use of the Services and Materials; and/or (iii)
forward the offensive materials, your communications with
myphonefree, and your personally identifiable information
to the proper authorities for investigation or prosecution.
WARRANTIES AND DISCLAIMERS HYPERLINKS
OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE
YOU TO LEAVE myphonefree.com WEBSITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF myphonefree AND I myphonefree
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. myphonefree IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY myphonefree OF THE
SITE. myphonefree AND ITS AFFILIATES DO NOT CONTROL OR
ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES
AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS
IS". myphonefree DOES NOT MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES
OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED
THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS
TO THE QUALITY OF THE CALL. myphonefree SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. myphonefree DOES NOT WARRANT THAT
THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE
OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES
myphonefree WARRANT ANY CONNECTION TO OR ANY TRANSMISSION
OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR
MATERIALS WILL BE CORRECTED. myphonefree DOES NOT GUARANTEE
OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM
THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE
PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT
SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION
OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.EMERGENCY/911
CALLS YOU EXPRESSLY ACKNOWLEDGE THAT
EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED
BY THE SOFTWARE OR SERVICES AND THAT NEITHER myphonefree
NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES,
AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES
ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE
SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES. If
you register for one of our pay services, you agree to be
responsible for payment of all applicable charges incurred
as a result of your use of the myphonefree pay services,
including but not limited to the use or misuse by an unauthorized
third party, or any error, accidental use or loss. Due to
our verification process, all funds may not be available
for immediate use. myphonefree will not offer any refunds
or reimbursements for the purchase price of a calling card
debit account. Calls made from a payphone may incur a surcharge.
myphonefree reserves the right to terminate any dormant account
that has not been used of a period of ninety (90) days or
longer. Information on this Site may contain technical inaccuracies
or typographical errors. Information may be changed or updated
without notice. myphonefree may also make improvements and/or
changes to the Site, Materials or Services at any time without
notice.
LIMITATION OF LIABILITY IN NO EVENT WILL myphonefree BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS
PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM
THE SITE, EVEN IF myphonefree OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
INDEMNITY You agree to indemnify, defend and hold, its myphonefree
officers, directors, employees, agents, shareholders, licensors,
suppliers, business partners and any third party information
providers to the Site, Services or Materials from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from your improper use of any
Services or Materials, or any violation of this Agreement
by you. The provisions of this paragraph are for the benefit
of myphonefree and its officers, directors, employees, agents,
shareholders, licensors, suppliers, business partners and
any third party information providers to the Site, Services
or Materials. Each of these individuals or entities shall
have the right to assert and enforce these provisions directly
against you on its own behalf.
TERMINATION You agree that myphonefree, in its sole discretion,
may terminate your password, account (or any part thereof)
or use of the Services or Materials, for any reason, or no
reason at all. myphonefree may also in its sole discretion
and at any time discontinue providing the Materials, Services,
or any parts thereof, with or without notice. You agree that
any termination of your access to the Services or Materials
may be effected without prior notice, and acknowledge and
agree that myphonefree may immediately deactivate or delete
your account and/or bar any further access to the Services
or Materials. Further, you agree that myphonefree shall not
be liable to you or any third-party for any termination of
your access to the Services or Materials.
GOVERNING LAW; JURISDICTION These Terms of Use shall be
governed and construed in accordance with the laws of the
State of Texas. You agree that in any legal action or proceeding
between you and myphonefree or any purpose concerning this
Agreement, you agree to submit to exclusive jurisdiction
the state and federal courts of Texas and you expressly waive
all defenses to jurisdiction. Any cause of action or claim
you may have with respect to the Site, Services or Materials
must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. myphonefree's failure to insist upon or enforce strict
performance of any provision of these Terms of Use shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice
shall act to modify any provision of these Terms of Use.
myphonefree may assign its rights and duties under these
Terms of Use to any party at any time without notice to you.
ACCOUNT NUMBER AND PASSWORD You are responsible for maintaining
the confidentiality of your account number and/or password.
You are responsible for all uses of your account, whether
or not actually or expressly authorized by you.
PERSONAL INFORMATION AND PRIVACY To learn about how myphonefree
protects your personal information, refer to our Privacy
Policy. Please note that any non-personal information or
material sent to myphonefree will be generally be deemed
to NOT be confidential. EXPORT CONTROL LAWS The export and
re-export of myphonefree, Materials are controlled by the
export laws and regulations of the United States, as they
may be amended from time to time. Accordingly, you certify
that you are aware of and will comply with all applicable
export rules and regulations, including the responsibility
to obtain a license for the export or re-export of the Materials
to any destination requiring such a license. In addition,
the Materials may not be exported or re-exported to Cuba,
Iran, Iraq, Libya, Sudan, the Taliban-controlled regions
of Afghanistan or to any other country to which the United
States prohibits the export of goods, technology or services
or to nationals of those countries, wherever located. Moreover,
neither the Software nor Materials may be distributed to
persons on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals maintained by
the U.S. government. By downloading the Software and/or Materials
you are certifying that you are not a national of one of
the above-listed countries or of any other country to which
the United States embargoes goods, services or technology
and that you are not a person on the Table of Denial Orders,
the Entity List, or the List of Specially Designated Nationals. |
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