Terms of Service valid to September 8, 2013
Phonecopy Terms of Service
These Terms of Service govern your access to and use of Phonecopy's website (the “Site”), any information, text, graphics, or other materials created and/or provided by Phonecopy and appearing on the Site (the “Content”), and any services and/or software provided through the Site or by Phonecopy (the “Services”). These Terms of Service limit Phonecopy's liability and obligations to you, grant Phonecopy certain rights and allow Phonecopy to change, suspend or terminate your access to and use of the Site, Content, Files and Services. Your access to and use of the Site, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Files and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY USING THE SITE, CONTENT, FILES AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, FILES OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU ” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
Consent to Access Your Data
BY UTILIZING THE SITE, CONTENT, FILES AND/OR SERVICES, YOU CONSENT TO ALLOW Phonecopy TO ACCESS YOUR MOBILE DEVICE TO PROVIDE YOU WITH SYNCHRONIZATION AND BACK-UP SERVICES
You acknowledge and agree that you should not rely on the Site, Content, Files and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Files or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Files and/or Services. Phonecopy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software incidental to your use of the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software/services in any manner or form, or to use modified versions of the software/services, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Phonecopy for use in accessing the Services.
In the course of using this Site, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at our Site that may be connected with you (“Personal Information”). Personal Information that we collect may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of use of our Site.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to our Site and information you search for on our Site. Like many websites, we may also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may use “persistent cookies” to save your registration ID and login password for future logins to the Site; and we use “session ID cookies” to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of our services.
Personal Information is or may be used for the following purposes: (i) to provide and improve our Site, services, features and content, (ii) to administer your use of our Site, (iii) to enable you to enjoy and easily navigate the Site, (iv) to better understand your needs and interests, (v) to fulfill requests you may make, (vi) to personalize your experience, (vii) to provide or offer software updates and product announcements, and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties. If you decide at any time that you no longer wish to receive any such communications, please follow the “unsubscribe” instructions provided in any of the communications sent to you, or update your “account settings” information. (See “Changing or Deleting Information,” below.)
Phonecopy Users. We recommend that you guard your sensitive information. Service Providers, Business Partners and Others. We may employ third party companies and individuals to facilitate our service, to provide the service on our behalf, to perform Site-related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Site’s features) or to assist us in analyzing how our Site and service are used. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.
Compliance with Laws and Law Enforcement.
Phonecopy cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Phonecopy or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
Business Transfers. Phonecopy may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Phonecopy secures a copy of the backed up data for Phonecopy users in the event of data or computer loss or in case users need to get their data restored. Users may review, update, correct, restore or delete the Personal Information provided in your registration or the data backed up on our servers by contacting customer support.
Phonecopy is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorized access.
This Site is not directed to children under 18 years of age. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at . If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
You are responsible for safeguarding the password that you use to access the Site, Content, Files and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Phonecopy of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to Phonecopy, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Files and Services.
Your Use of the Services
Phonecopy grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Files and Services subject to the restrictions set forth in these Terms of Service.
You are responsible for obtaining access to the Services, and you will pay any third party fees (such as Internet service provider, airtime charges or mobile operator/carrier data plan fees) associated with such access. In addition, you must provide and are responsible for all equipment necessary to access the Services.
Phonecopy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Phonecopy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Phonecopy Property and Feedback
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Phonecopy and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Phonecopy incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to Phonecopy, in any form, and any contributions you make to the Site by posting content and communicating with other Phonecopy users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of Phonecopy. You hereby irrevocably transfer and assign to Phonecopy and agree to irrevocably assign and transfer to Phonecopy all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Phonecopy's request and expense, you will execute documents and take such further acts as Phonecopy may reasonably request to assist Phonecopy in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any Phonecopy Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
You agree not to do any of the following while using the Site, Content, Files or Services:
- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as 'public' or that you have not been given permission to access), Phonecopy's computer systems, or the technical delivery systems of Phonecopy's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, Files or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Phonecopy or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Files or Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Files or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Phonecopy's computer system, those systems of Phonecopy's providers, or otherwise use the Site, Content, Files or Services to attempt to distribute malware; or
- Impersonate or misrepresent your affiliation with any person or entity.
- Sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Phonecopy for use in accessing the Services.
Digital Millennium Copyright Act Compliance
You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
The Site may contain links to third-party websites or resources. You acknowledge and agree that Phonecopy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Phonecopy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use the Site, Content, and Services will automatically terminate. Phonecopy reserves the right to revoke your access to and use of the Site, Content, Files and Services at any time, with or without cause, and with or without notice. Phonecopy also reserves the right to cease providing or to change the Site, Content, Files or Services at any time and without notice. Use of the Site at Your Own Risk Your access to and use of the Site, Content, Files and Services and is at your own risk. Phonecopy will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Files or Services.
Phonecopy is Available “AS-IS”
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PHONECOPY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES. PHONECOPY MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PHONECOPY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHONECOPY OR THROUGH THE SITE, CONTENT, FILES OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Phonecopy, its officers, directors, employees, agents, its subsidiaries, affiliates, co-branders or other partners, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that your data, or your use of data, caused damage to a third party, including without limitation claims that your data, or use of your data, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL PHONECOPY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, DATA AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, DATA OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHONECOPY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PHONECOPY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PHONECOPY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. Waiver
The failure of Phonecopy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Controlling Law and Jurisdiction These Terms of Service and any action related thereto will be governed by the laws of the EU without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the Czech Republic, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service are the entire and exclusive agreement between Phonecopy and you regarding the Site, Content, Services and Data, and these Terms of Service supersede and replace any prior agreements between Phonecopy and you regarding the Site, Content, Services and Your Files. You agree to be bound at all times by these Terms of Service as amended, updated, or modified in connection with your use of the Site, Content, Services, and Data.
Last modified November 28, 2012