Terms of Service for Using Callvine
1. Acceptance of Terms
Callvine provides its services and Products to you, subject to the following Terms and Conditions. By installing, accessing, or otherwise using the services and products, you agree to be bound by the Terms and Conditions.
2. Description of Service
Callvine provides text messaging and audio and web "group call" conferencing services. These services are available through mobile smartphone applications and web browsers. Callvine authorizes you to use the mobile applications and websites to access the service on the condition that you comply fully with the Terms and Conditions. You understand and agree that the service may include certain communications from Callvine, such as service announcements, administrative messages, and call notifications and that these communications are considered part of Callvine membership and you and the parties called may not be able to opt out of receiving them. Such notifications may be delivered by text, e-mail and voicemail messages as well as on screen displays. You understand and agree that the service is provided "AS-IS" and that Callvine assumes no responsibility for the timeliness, deletion, interruption or failure.
3. Your Registration Obligations
In order to use the Callvine service, you must provide a mobile phone number as the host number for all group call and text messages. This mobile phone number will only be used in conjunction with the use of the Callvine service and related communications will not be provided to any third parties. CALLVINE DOES NOT AND WILL NOT SELL, RENT OR DISTRIBUTE CUSTOMERS' PERSONAL INFORMATION INCLUDING PHONE NUMBERS, NAME, E-MAIL ADDRESSES, ADDRESS OR COMPANY. Callvine may request additional optional information (such as name and e-mail address) to facilitate the operation of the service.
Paid subscribers may be required to provide additional registration information in consideration of continuing paid service and all such information shall remain in compliance with Callvine's Privacy Policy. In consideration of such service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Callvine's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. Membership Eligibility
Callvine's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Callvine services are not available to temporarily or indefinitely suspended Callvine members.
Your Callvine account and User ID (which may be the same as your e-mail address or mobile phone number) may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
5. Fees and Payment Policy
When available, Callvine intends to charge customers for certain products and services, and credits owing. You may prepay for Callvine service on a pay as you go basis or be offered monthly subscription plans or other methods of payment. Callvine will issue invoice statements for all payments. Pricing and Descriptions of Charges can be found with the invoice, on the Callvine website, or by contacting Callvine's Customer Service. Pricing and services are subject to change at any time..
6. Member Account and Password Security
You may receive a confidential username and password associated with your mobile phone number to designate your account. You are responsible for maintaining the confidentiality of the password and account, and are entirely responsible for any and all activities that occur under your account. Callvine will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Paid subscribers may be held liable for losses incurred by Callvine or another party due to someone else using your account or password. You agree to immediately notify Callvine of any unauthorized use of your password or account or any other breach of security. Callvine cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Callvine Privacy Policy
Registration Data and certain other information about you are subject to Callvine's Privacy Policy which can be viewed at http://www.callvine.com/privacy. You understand that through your use of Callvine's service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Callvine and its successors.
8. Member Conduct
You understand that all communications are the sole responsibility of the person from which such communications originated. This means that you, and not Callvine, are entirely responsible for the content and context of all communications that you conduct via Callvine's Service.
9. Illegal or Harmful Use
You may access and use the Callvine Website and Service only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via Callvine's Service, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited.
10. Website and Service Security
You may not violate the security of Callvine's Website or service in any way. Such violations may result in criminal or civil liability. Callvine may, but is not obligated to, investigate any violation of Callvine's Website or service. Callvine may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Callvine products and services or sending, receiving, posting, accessing, or storing any electronic transmission via Callvine's service, you agree to cooperate, as well, in any such investigation.
11. Investigation and Enforcement of the Terms and Conditions
All users of the services must adhere to the Terms and Conditions. Callvine has the right, but is not obligated, to strictly enforce the Terms and Conditions through self-help, active investigation, litigation and prosecution. Callvine may also access and disclose any information (including transactional information) related to your access and use of Callvine's Website or service for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Callvine's rights or property and those of Callvine's customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THE TERMS AND CONDITIONS, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
12. Compliance With Applicable Laws
Unless otherwise specified, the Callvine service is for your personal use and you are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. This includes, but is not limited to, the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations, and State Do Not Call List rules; the Pre-Recorded Messages Rule; the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227; the Federal Communication's implementing regulations, at 47 C.F.R. § 64.1200 et seq., and any other similar laws. You agree that Callvine will not be held responsible for damages to you, or any third party, incurred due to your failure to abide by State and/or Federal laws. Please refer to the Federal Communications Commission web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for rules and or regulations pertaining to your intended use of Callvine's service.
13. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Callvine content. Specifically, you agree to comply with all applicable laws including but not limited to, the transmission of technical data imported into the United States or exported to a country outside the United States.
14. Voluntary Termination by User
You may voluntarily terminate your membership at any time by providing written notice to Callvine via e-mail support@callvine.com or regular mail to 502 Baylor Street, Austin, Texas 78703. Callvine will not be obligated to refund any monies for prepaid services upon your termination.
15. Indemnity
You agree to indemnify and hold Callvine's subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of Callvine services, your status as a Callvine member, your violation of these Terms and Conditions, or your violation of any rights of another.
16. Disclaimer of Warranties and Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND, (ii) SUBJECT TO APPLICABLE LAW, CALLVINE SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIMS ASSERTED BY YOU ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A CALLVINE WEBSITE OR SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALLVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CALLVINE HEREBY DISCLAIMS AND MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFACTION, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN SOFTWARE WILL BE CORRECTED.
17. Modifications or Termination of Service
Callvine reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Callvine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
18. Links to Third Party Sites
Callvine may provide, or third parties may provide, links to other websites or resources. Because Callvine has no control over such sites and resources, you acknowledge and agree that Callvine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Callvine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Agreement.
21. Governing Law; Venue
You agree that any dispute arising out of these Terms and Conditions or your use of the services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws principles thereof, and that the sole jurisdiction and venue for such dispute will be the state and federal courts within Travis County Texas.
22. Licensing
G722.1 licensed from Polycom®