By accessing the VoIPX International, Inc. (“VoIPX”) Website (“Site”), you are indicating your acknowledgement and acceptance of these “Website Terms and Conditions of Use” (“Terms of Use”). These Terms of Use are subject to change by at any time in its sole discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly. If you (“User”) do not agree to be bound by these Terms of Use please discontinue use of this Site immediately.
RESTRICTIONS ON USE
All material included on this Site, and any other Site owned, operated, licensed or controlled by VoIPX, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of VoIPX, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates all intellectual property rights and is punishable by law.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of VoIPX. User may link to this Site provided that the link does not falsely imply or suggest that VoIPX has endorsed or is affiliated with the linked website.
USERS OF THE SITE MUST NOT:
- Frame or utilize framing techniques to enclose any trademark or other proprietary information including without limitation, any images, text or page layout;
- Attempt to circumvent the security systems of the Site, attempt to gain unauthorized access to services, materials, other accounts, computer systems, attempt to use the Site for any purposes other than those intended, determined and agreed upon by VoIPX in its sole discretion;
- Engage in any activity that interferes with User access to this Site or the proper operation of this Site; and
- Not impersonate any person or entity in conjunction with using this Site.
In addition, if VoIPX becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted and lawful uses VoIPX reserves the right to revoke your right to these permitted uses. VoIPX shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the VoIPX Site Content.
DISCLAIMER
VoIPX cannot guarantee that the Site or its Content is error free and makes no representations about the technical accuracy or functionality of the Site or Content and may make changes or improvements at any time. This site is provided by VoIPX on an “as is” and “as available” basis. VoIPX makes no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property. User expressly agrees that use of this Site is at your sole risk. VoIPX does not warrant that the information in this site is free of viruses or other harmful components. User agrees and assumes the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site or its Content. VoIPX makes no warranties that User’s use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such Content.
LIMITATION OF LIABILITY
Neither VoIPX nor any of its affiliates, directors, officers and employees, or any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of User access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall VoIPX or any of its subsidiaries, affiliates, officers, directors, employees, agents and advisers be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if VoIPX has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. User acceptance of this limitation of liability is an essential term of this Term of Use and the User acknowledges that VoIPX would not grant access to the Site without its agreement to this Term of Use.
INTELLECTUAL PROPERTY
User understands and assumes that everything seen or read on the Site is proprietary information protected by copyright or trademark laws unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of VoIPX. Nothing posted on this Site grants a license to any VoIPX trademarks, copyrights or other intellectual property rights, whether by implication, estoppels or otherwise.
THIRD PARTY TRADEMARKS
Trademarks displayed on this Site not owned by VoIPX are the property of their respective owners, who may or may not be affiliated with VoIPX. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.
LINKED SITES
This Site may link to or be linked from other websites that are not maintained by, or related to, VoIPX and VoIPX does not endorse, nor is responsible for the content of any of those third-party websites.
INTERNATIONAL USE
VoIPX makes no representation that materials on this Site are appropriate or available for use in locations outside the United States or from countries or territories where such access is illegal is prohibited. User represents and warrants that if it chooses to access this Site outside the United States you are doing so on your own initiative and User is responsible for compliance with local laws.
GOVERNING LAW
User will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim in regards to the Site or its Content. You agree that your use of this Site, these Terms of Use and any disputes relating thereto shall be governed in all respects by the laws of the state of New York, USA. Any dispute relating to these Terms of Use shall be resolved solely in the state or federal courts located in Nassau County New York.
