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AGREEMENT BETWEEN YOU AND TOTAL CALL MOBILE, INC.
The Total Call Mobile, Inc. Web Site is made up of various Web sites and Web pages operated by Total Call Mobile, Inc. This Terms of Use and Notices apply to the Total Call Mobile, Inc. Web Site and does not apply to the content of third parties.
The Total Call Mobile, Inc. Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Total Call Mobile, Inc. Web Sites constitutes your agreement to all such terms, conditions, and notices.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement here for disclosures
relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Total Call Mobile, Inc. Web Site, or any product or service offered on any Total Call Mobile, Inc. Web Site (each a Total Call Mobile, Inc. Site/Service? and collectively Total Call Mobile, Inc. Sites/Services) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Total Call Mobile, Inc. immediately of any unauthorized use of your account or any other breach of security. Total Call Mobile, Inc. 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. However, you could be held liable for losses incurred by Total Call Mobile, Inc. or another party due to someone else using your account or password. You may not use anyone else account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Total Call Mobile, Inc. reserves the right to change the terms, conditions, and notices under which the Total Call Mobile, Inc. Sites/Services are offered, including but not limited to the charges associated with the use of the Total Call Mobile, Inc. Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Total Call Mobile, Inc. Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Total Call Mobile, Inc. Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Total Call Mobile, Inc. Sites/Services. Without the advance express written permission of Total Call Mobile, Inc., you may not ‘meta-search’ the Total Call Mobile, Inc. Sites/Services, send, or cause to be sent, any automated queries of any sort to the Total Call Mobile, Inc. Sites/Services, or use the Total Call Mobile, Inc. Sites/Services in any commercial manner "Automated queries" shall include but not be limited to using any software that sends queries to any Total Call Mobile, Inc. Sites/Services to determine how a web site "ranks" any Total Call Mobile, Inc. Sites/Services.
LINKS TO THIRD PARTY SITES
The Total Call Mobile, Inc. Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Total Call Mobile, Inc. and Total Call Mobile, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Total Call Mobile, Inc. is not responsible for web casting or any other form of transmission neither received from any Linked Site nor is Total Call Mobile, Inc. responsible if the Linked Site is not working appropriately. Total Call Mobile, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Total Call Mobile, Inc. of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Total Call Mobile, Inc. Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Total Call Mobile, Inc. shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Total Call Mobile, Inc. Sites/Services, you will not use the Total Call Mobile, Inc. Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Total Call Mobile, Inc. Sites/Services in any manner that could damage, disable, overburden, or impair any Total Call Mobile, Inc. Site/Service(s) (or the network(s) connected to any Total Call Mobile, Inc. Site/Service(s)) or interfere with any other party's use and enjoyment of any Total Call Mobile, Inc. Site/Service(s). You may not attempt to gain unauthorized access to any Total Call Mobile, Inc. Site/Service, other accounts, computer systems or networks connected to any Total Call Mobile, Inc. Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Total Call Mobile, Inc. Sites/Services.
USE OF SERVICES
The Total Call Mobile, Inc. Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files 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 (or by rights of privacy or publicity) 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 is made available through the Total Call Mobile, Inc. Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Use of meta tag searches on the web sites.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- 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 uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Total Call Mobile, Inc. Site/Service(s) or other user or usage information or any portion thereof.
Total Call Mobile, Inc. has no obligation to monitor the Communication Services. However, Total Call Mobile, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Total Call Mobile, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Total Call Mobile, Inc. reserves the right at all times to disclose any information as Total Call Mobile, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Total Call Mobile, Inc.'s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Total Call Mobile, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Total Call Mobile, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Total Call Mobile, Inc. spokespersons, and their views do not necessarily reflect those of Total Call Mobile, Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Total Call Mobile, Inc. SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Total Call Mobile, Inc. SITES/SERVICES AND TO THE INFORMATION THEREIN. Total Call Mobile, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Total Call Mobile, Inc. SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Total Call Mobile, Inc. SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Total Call Mobile, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Total Call Mobile, Inc. SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Total Call Mobile, Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Total Call Mobile, Inc. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Total Call Mobile, Inc. SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Total Call Mobile, Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Total Call Mobile, Inc. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Total Call Mobile, Inc. SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL Total Call Mobile, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Total Call Mobile, Inc. SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Total Call Mobile, Inc. SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Total Call Mobile, Inc. SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Total Call Mobile, Inc. SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Total Call Mobile, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Total Call Mobile, Inc. SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Total Call Mobile, Inc. SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Total Call Mobile, Inc. may establish limits concerning use of any Total Call Mobile, Inc. Service offered on an Total Call Mobile, Inc. Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Total Call Mobile, Inc. Service, the maximum number of e-mail messages that may be sent from or received by an account on any Total Call Mobile, Inc. Service, the maximum size of an e-mail message that may be sent from or received by an account on any Total Call Mobile, Inc. Service, the maximum disk space that will be allotted on Total Call Mobile, Inc.'s servers on your behalf, and the maximum number of times and duration you may access any Total Call Mobile, Inc. Service in a given period of time.
You agree that Total Call Mobile, Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Total Call Mobile, Inc. Service. You acknowledge that Total Call Mobile, Inc. reserves the right to log off accounts that are inactive for an extended period of time.
Total Call Mobile, Inc. MAKES NO WARRANTY THAT ANY Total Call Mobile, Inc. SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
Total Call Mobile, Inc. reserves the right, in its sole discretion, to terminate your access to any or all Total Call Mobile, Inc. Sites/Services and the related services or any portion thereof at any time, without notice.
Total Call Mobile, Inc. may also terminate or suspend your access to Total Call Mobile, Inc. Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Total Call Mobile, Inc.. The amount of time that Total Call Mobile, Inc. currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Total Call Mobile, Inc. Site/Service, your right to use the Total Call Mobile, Inc. Site/Service immediately ceases.
Total Call Mobile, Inc. shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Total Call Mobile, Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Total Call Mobile, Inc. liquidated damages of $5 for each piece of Spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Total Call Mobile, Inc.'s actual damages, to the extent such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, California, U.S.A. in all disputes arising out of or relating to the use of the Total Call Mobile, Inc. Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Total Call Mobile, Inc. as a result of this agreement or use of the Total Call Mobile, Inc. Sites/Services. You agree to indemnify and hold Total Call Mobile, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Total Call Mobile, Inc. Sites/Services. Total Call Mobile, Inc. reserves the right to disclose any personal information about you or your use of the Total Call Mobile, Inc. Sites/Services, including its contents, without your prior permission if Total Call Mobile, Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Total Call Mobile, Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Total Call Mobile, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Total Call Mobile, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Total Call Mobile, Inc. Sites/Services or information provided to or gathered by Total Call Mobile, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Total Call Mobile, Inc. with respect to the Total Call Mobile, Inc. Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Total Call Mobile, Inc. with respect to the Total Call Mobile, Inc. Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Total Call Mobile, Inc. Web Sites are: Copyright (c) 1998 - 2002 Total Call Mobile, Inc. and/or its suppliers.
TRADEMARKS. Total Call Mobile, Inc., Total Call Mobile, Inc. Photos, and/or other Total Call Mobile, Inc. products and services referenced herein may also be either trademarks or registered trademarks of Total Call Mobile, Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
FOR INFORMATION REGARDING THE Total Call Mobile, Inc..COM PRIVACY STATEMENT CLICK HERE.
ADDITIONAL TERMS
Specific Restrictions on Use of Associated Press Material
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions wherefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Total Call Mobile, Inc. Photos
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Total Call Mobile, Inc. Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the Total Call Mobile, Inc. Web Site, other than a private community), and/or (c) to any person with whom you share Pictures through e-mail using the Total Call Mobile, Inc. Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any Total Call Mobile, Inc. Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such Total Call Mobile, Inc. Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the Total Call Mobile, Inc. Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.
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