Use the Product in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise).
Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Create a false identity for the purpose of misleading others.
Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Download any file or other material transferred by another user of the Product that you know, or reasonably should know, cannot be legally distributed in such manner.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Product or other user or usage information or any portion thereof.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
Remove, overtake, hide or otherwise make the Product inaccessible for other end users.
Violate any code of conduct or other guidelines which may be applicable to the Product.
Use any portion of the Product to harvest or otherwise collect information about others, including email addresses.
Affect the functionality or performance of the Product or services provided by Product.
FWCALL reserves the right at all times to monitor communications
on the Product and disclose any information FWCALL deems necessary
to (a) ensure your compliance with this Agreement; (b) satisfy any
applicable law, regulation or legal process; or (c) protect the
rights, property, and interests of FWCALL , its employees or the
public. FWCALL also reserves the right to edit, refuse to transfer
or to remove any information or materials, in whole or in part, in
FWCALL 's sole discretion.
2.3 Fair usage policies - inclusive benefits are subject to FWcall fair
usage policies which vary from time to time (Unlimited minute allowance 1,100
minutes per month) Usage above this amount will constitute abuse and FWcall
may monitor usage and withdraw the Offer from your account if the fair usage policy is abused.
Intellectual
Property Rights
3.1 FWCALL , and/or FWCALL 's
licensors, retains sole and exclusive ownership of all rights,
title and interests in any of the Product and all intellectual
property rights relating thereto, including without limitation
issued patents and pending patent applications with respect to any
of the Product and the technology related thereto. Without
derogating from the license granted above, title and related
rights in the content stored/ transmitted/ posted/ submitted
and/or managed through the Product are the property of the
applicable content owner and may be protected by applicable law.
This section shall survive termination and expiration of these
Terms of Use and shall remain in full force and effect thereafter.
Nothing in this Agreement intends to transfer any such
Intellectual Property Rights to, or to vest any such Intellectual
Property Rights in you. You are only entitled to the limited use
of the Intellectual Property Rights granted to you in this
Agreement. You will not take any action to jeopardize, limit or
interfere with the Intellectual Property Rights. You acknowledge
and agree that any unauthorized use of the Intellectual Property
Rights is a violation of this Agreement as well as a violation of
intellectual property laws, including without limitation copyright
laws and trademark laws. You agree that you will not remove,
obscure, make illegible or alter any notices or indications of the
Intellectual Property Rights and/or FWCALLs rights and ownership
thereof, whether such notice or indications are affixed on,
contained in or otherwise connected to such materials.
Confidentiality
5.1 FWCALL warrants the
careful use of your personal data. Not at all FWCALL will hand
over this data to 3rd parties (companies, organizations or private
persons) not connected to the service of the Product. This is
valid as well for advertising or equivalent
Term and
Termination
5.2 This Agreement will be effective as of the
date on which this Agreement is entered into by clicking on the
ACCEPT button as stated above and will remain effective until
terminated by either FWCALL or you as set forth below. FWCALL may
terminate this Agreement with immediate effect at any time, with
or without cause, by providing notice to you and/or by preventing
your access to the Product. You may terminate this Agreement with
immediate effect at any time, with or without cause provided that
you will cease any and all use of the Product and you will remove
the Product from any of your systems and destroy all copies of the
Product in your possession or under your control.
End
User Representations and Warranties
6.1 You hereby
represent and warrant that you are authorized to enter into this
Agreement and comply with its terms. Furthermore, you represent
and warrant that you will at any and all times meet with your
obligations hereunder, as well as any and all laws, regulations
and policies that may apply to the use of the Product.
6.2
If you are residing in a jurisdiction which restricts the use of
internet-based applications according to age, or which restricts
the ability to enter into agreements such as this agreement
according to age and you are under such a jurisdiction and under
such age limit, you may not enter into this Agreement and
download, install or use the Product. Furthermore, if you are
residing in a jurisdiction where it is forbidden by law to offer
or use software for internet telephony, you may not enter into
this Agreement and you may not download, install or use the
Product. By entering into this Agreement you explicitly state that
you have verified in your own jurisdiction if your use of the
Product is allowed.
Indemnification
7.1 You hereby
agree to indemnify and hold FWCALL and the Officers harmless from
any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Product,
the violation of these Agreement by you, or the infringement by
you, or other user of the Product using your computer or identity,
of any intellectual property or other right of any person or
entity.
Disclaimer of Warranties; Limitation of Liability
8.1 FWCALL provides the Product as is, with all faults and as
available, and the entire risk as to satisfactory quality,
performance, accuracy, and effort is with you. FWCALL , its
affiliates, its resellers, distributors, service providers and/or
suppliers (collectively, the FWCALL Parties) make no warranties.
The FWCALL Parties disclaim any and all warranties, express,
statutory and implied, including without limitation (1) warranties
of merchantability, fitness for a particular purpose, workmanlike
effort, accuracy, title, quiet enjoyment, no encumbrances, no
liens and non-infringement, (2) warranties arising through course
of dealing or usage of trade, and (3) warranties that access to or
use of the service will be uninterrupted or error-free. There are
no warranties that extend beyond the face of this agreement.
FWCALL may change the service or the features in any way, and at
any time and for any reason.
8.2 In no event shall any of
the FWCALL Parties be liable for any direct, indirect,
consequential, special, incidental, or punitive damages arising
out of, based on, or resulting from this agreement or the
termination of this Agreement or your use of the Product,
including, without limitation, damages for loss of use, data or
profits, with the delay or inability to use the Product, the
provision of or failure to provide support services, or for any
information, software, products, or services obtained through the
Product, or otherwise arising out of the use of the Product,
whether based on contract, tort, negligence, strict liability or
otherwise, even if FWCALL or any of its suppliers has been advised
of the possibility of damages
8.3 You expressly agree and
understand that the Product is not intended to support or carry
emergency calls to any type of hospital, law enforcement agency,
medical care unit or any other kind of emergency service and you
recognize and agree that FWCALL is not required to offer emergency
services pursuant to any applicable local and or national rules,
regulation or law. You further recognize that FWCALL is not a
replacement for your primary telephone service. By agreeing to
this Agreement you understand that additional arrangements must be
made to access emergency services and you acknowledge and accept
your responsibility to purchase, separately from Product,
traditional wireless or wire line telephone service that offers
access to Emergency Services. FWCALL or the Officers are in no way
liable for such emergency calls. Neither FWCALL nor the Officers
may be held liable for any claim, damage, or loss, and you hereby
waive any and all such claims or causes of action, arising from or
relating to the use of Product to contact emergency services
personnel.
8.4 The Product may allow you to interact with
third-party web sites and web services ("Link(s)"). The Links are
not under the control of FWCALL and FWCALL is not responsible for
the contents of any Links, including without limitation any link
contained in a Link, or any changes or updates to a Link.
8.5 FWCALL cannot guarantee that you will always be able to
communicate with other Product users, nor can FWCALL guarantee
that you can communicate without disruptions, delays or other
communication-related flaws. FWCALL will not be liable for any
such disruptions, delays or other omissions in any communication
experienced when using Product.
8.6 While the Product
enables you to store/ transmit/ post/ submit and/or manage and
allow access to third parties' content from a computer with an
internet connection, FWCALL does not control such third parties'
data (e.g. content, files and information) that may be
transmitted/ stored/ posted/ submitted and/or managed through the
use of any of the Product. All such data is entirely the
responsibility of the person from whom such data originated.
FWCALL does not endorse the content of any such third parties'
information or data or the data stored, accessed through the use
of the Product, and does not warrant or guarantee that such
information or data is free of errors or viruses. FWCALL shall not
be responsible for the accuracy, completeness, legality,
legitimacy or any other aspect of the data stored/ posted/
transmitted/ submitted through the use of any of the Product, nor
to the right to store/ post/ transmit and/or submit such data
through the use of the Product. The use of any third parties'
content, information or data is at your sole responsibility and
FWCALL explicitly disclaims any responsibility to the use or
misuse of any such content.
8.7 You hereby acknowledge and
agree that FWCALL and the Officers will have no liability in
connection with or arising from your use of the Product, as set
forth below. In no event shall FWCALL or the Officers be liable,
whether in contract, warranty, tort (including negligence),
product liability or any other form of liability, for any
indirect, incidental, special or consequential damages (including
without limitation any loss of data, interruption, computer
failure or pecuniary loss) arising out of the use or inability to
use the Product, even if FWCALL or the Officers have been advised
of the possibility of such damages. Your only right or remedy with
respect to any problems or dissatisfaction with the Product is to
deinstall and cease use of such Product.
8.8 FWCALL , in
its sole discretion, reserves the right to add additional features
or functions, or to provide programming fixes, updates and
upgrades, to the Product. You acknowledge and agree that FWCALL
has no obligation to make available to you any subsequent versions
of the Product. You also agree that you may have to enter into a
renewed version of this Agreement, in the event you want to
download, install or use a new version of the Product.
Furthermore, you acknowledge and agree that FWCALL , in its sole
discretion, may modify or discontinue or suspend your ability to
use any version of the Product, or terminate any license
hereunder, at any time, with immediate effect and without recourse
to the courts. FWCALL also may suspend or terminate any license
hereunder and disable any Product you may already have accessed or
installed without prior notice at any time with immediate effect
and without recourse to the courts. FWCALL will not accept any
liability in relation to the direct or indirect damages caused by
the release and/or the absence of release of new versions of the
Product and by the suspension or termination of this Agreement by
FWCALL and/or by you.
8.9 Always use caution when
giving out any personally identifiable information about yourself
or your children in the Product. FWCALL specifically disclaims any
liability with regard to the Product and any actions resulting
from your participation in the Product. You are responsible for
all activities that occur in your Product account. You agree to
notify FWCALL immediately of any unauthorized use of your account
or breach in security known to you related to the Product.
Miscellaneous
9.1 FWCALL reserves the
right to modify this Agreement at any time by publishing the
revised Agreement on the Website. Your continued use of the
Product shall constitute your acceptance to be bound by the terms
and conditions of the revised Agreement. The most recent version
of this Agreement can be found on www.fwcall.com
9.2 You
hereby agree and acknowledge that this Agreement covers all your
use of Product, whether it is from this installation or from any
other terminals where Product has been installed, by you or by
third parties. Furthermore, by using the Product you agree to be
bound by the terms of this Agreement
9.3 FWCALL may, but is
not required to, provide you with customer support ("Support").
Unless you have entered into a separate written support agreement
with FWCALL with respect to the Product, FWCALL may terminate any
Support it provides at any time in its sole discretion. Authorized
third-party software that uses the Product is not supported by
FWCALL and you should contact the provider of such software for
support, if any.
9.4 Entire Agreement. The terms and
conditions of this Agreement constitute the entire agreement
between you and FWCALL with respect to the subject matter hereof
and will supersede and replace all prior understandings and
agreements, in whatever form, regarding the subject matter.
9.5 Should any term or provision hereof be deemed invalid, void or
enforceable either in its entirety or in a particular application,
the remainder of this Agreement shall nonetheless remain in full
force and effect.
9.6 No waiver. The failure of FWCALL at
any time or times to require performance of any provisions hereof
shall in no manner affect its right at a later time to enforce the
same unless the same is explicitly waived in writing and signed by
FWCALL .
9.7 You are not allowed to assign this Agreement
or any rights hereunder. FWCALL is allowed to at its sole
discretion assign this Agreement or any rights hereunder to any
without giving prior notice.
9.8 This Agreement shall be
governed by and construed in accordance with the laws of Luxemburg
without giving effect to the conflict of laws or your actual state
or country of residence. Any legal proceedings arising out of or
relating to this Agreement will be subject to the exclusive
jurisdiction of the courts of the district of Luxemburg.
9.9 The original English version of this Agreement may have been
translated into other languages. In the event of inconsistency or
discrepancy between the English version and any other language
version of this Agreement, the English language version shall
prevail.
9.10 You consent to FWCALL providing you any
information regarding the Product in electronic form. FWCALL may
provide such information to you via email at the email address you
specified when you registered for the use of the Product, by
instant message to your account, or by access to the Web Site. As
long as you access and use the Product, you will have the
necessary software and hardware to receive such notices. You
hereby waive any rights or requirements under any laws or
regulations in any jurisdiction which require an original
(non-electronic) signature or delivery or retention of
non-electronic records, to the extent permitted under applicable
mandatory law. If you do not consent to receive any notices
electronically, you must discontinue your use of the Service.
FWCALL reserves the right to terminate or adjust it's affiliate
program and revenue share at any time without prior notice.
Revenue earned by Affiliates will automatically be added to
their business account at least once a quarter. Affiliates can
choose to have revenue earned transferred to a bank account when
the amount is above 500.
You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by FWCALL to show your reading, understanding and approval of any foregoing texts and/or to download and install the Product, you are entering into a legally binding contract.
All contents of any FWCALL website related to the service are: Copyright FWCALL Limited. All rights reserved.