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RCALLS TERMS AND CONDITIONS
The following terms and conditions govern Rcalls website and the software and services made available on the website. By visiting our website and/or using any of our software or services, you agree to be bound by these Terms & Conditions. When you use a specific Rcalls service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. Rcalls reserves the right to change these Terms & Conditions or its other posted agreements at any time and to notify you by posting an updated version on this website.
Rcalls does not target services to individuals less than age 18. Individuals less than 18 years of age are not eligible to register or to initiate our services. Please register after you have reached age 18.
ESTABLISHING AN ACCOUNT; MEMBER PRIVACY
To use software and certain services offered by Rcalls, you will be asked to provide certain information. For example, to make a PC-to-Phone call using our Rcalls PC Phone service, your name, email address, zip code, area code, state, country and password are required. Rcalls uses the information you provide when you register in accordance with our Privacy Policy, which you may access on the Privacy Policy page. When you establish an account with Rcalls, you should safeguard your account password and user ID. You are solely responsible for all acts or omissions that occur under your accounts, including the content of transmissions, whether or not authorized by you. You agree to notify Rcalls immediately of any unauthorized use or any other breach of security.
PROPRIETARY RIGHTS TO CONTENT
Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on Rcalls website, in sponsor advertisements or in email-distributed by Rcalls is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Except as otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither Rcalls nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to Rcalls and/or to their respective owners. Rcalls© is a trademark registered in the United States, Canada, European Union (EU), Denmark, Finland, Norway, Sweden, China, Hong Kong SAR, Japan, South Korea, Taiwan and Singapore.
SOFTWARE; SOFTWARE LICENSE
The software made available through this site is the copyrighted material of Rcalls and its third party suppliers. If Rcalls provides any software to you in connection with the services, Rcalls grants you a personal, non-exclusive, non-transferable license for the duration of your use of the services to install and use such software in object code form only on one piece of hardware for the sole purpose of enabling the services. You may not copy, distribute, reverse engineer, decompile, disassemble or otherwise reduce to human readable form any software provided by Rcalls in connection with the services.
MEMBER CONDUCT
Any unauthorized commercial use or resale of the software or services is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree NOT to: create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; transmit through the services unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; violate any Singapore/U.S. law or regulation regarding the transmission or export of technical data or software from Singapore/the United States through the services; interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the services, accounts of others, computer systems or networks connected to the services, through credit card fraud, password mining or any other means; or interfere with another member's or entity's use and enjoyment of the services.
Rcalls will immediately terminate any user that Rcalls, in its sole discretion, believes is violating any of the foregoing.
INDEMNIFICATION
You agree to indemnify and hold Rcalls, its affiliates, officers, directors, employees, and network services suppliers 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 services provided by Rcalls.
YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Rcalls website and the services Rcalls provides may include information such as coupons, special offers and links to content from third parties. Inclusion of such information and links does not signify Rcalls endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Rcalls shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website.
DISCLAIMER OF WARRANTIES
Rcalls DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. Rcalls IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE AND SERVICES Rcalls PROVIDES THROUGH THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Rcalls EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. Rcalls DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Rcalls DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Rcalls BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, 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 THE SERVICE. YOU SPECIFICALLY AGREE THAT Rcalls 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. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF Rcalls TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF Rcalls SOFTWARE AND/OR SERVICES.
DISPUTE
In the event a dispute shall arise between Rcalls and PRIVATE LABEL/ADVERTISER as to their respective rights, duties and obligations under the Agreement, such dispute shall be submitted to arbitration under the rules of the American Arbitration Association. The arbitration shall be held at Santa Ana, California. The decision of the arbitrator shall be final and shall be entitled to enforcement in any court of competent jurisdiction.
Rcalls failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rcalls in writing. You and Rcalls agree that any cause of action arising out of or related to the software or a service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in these terms and conditions are solely for the convenience of the parties and have no legal or contractual significance.
TERMINATION
Rcalls may terminate any or all of the services or the right to use software with or without cause at any time and effective immediately. In addition, Rcalls, in its sole discretion, may terminate any other account for violation of the letter or spirit of these Terms & Conditions.
Similarly, the companies whose advertisements appear on your monitor from our servers cannot identify you unless you provide personal information to them after you have clicked on their ad. It is always a good idea to check the privacy policy of any web site before providing your PII to it.
Rcalls also works with a small number of third parties so that Rcalls can provide you with email advertisements tailored to your needs and interests. If we disclose any PII to these third parties, the disclosure is always subject to obligations of strict confidentiality, meaning that the third party is not allowed to provide your PII to anyone else or use your PII for any other purpose. These third parties only provide advertisers with profile or aggregate information, not PII of our registered users.
Cookies. Our web site sets "cookies" to help deliver content specific to your interests, to customize our web site for you, and to save your password and member name so that you don't have to enter it each time you visit. Cookies are text files that are stored on your personal computer and that allow web sites to identify you. Cookies help us target advertising and other information to your interests and prevent duplication of ads served to your browser.
Public Forums. Our site may contain, from time to time, public forums available to users. Please remember that any information you disclose in these areas becomes public information. You should take appropriate measures to protect your personally identifiable information.
Co-Branded Sites. We sometimes enter arrangements with third parties whereby we provide our services on their web sites. In many such cases, users will register for our service as well as that of the co-branded site. We use your PII and other general information in compliance with our Privacy Policy. Our co-branding partners have their own privacy policy, which you should review since we do not have control over their privacy policies.
Links to Other Web Sites. Our site may contain, from time to time, links to other web sites. Please note that Rcalls is not responsible for the privacy practices or the content of such web sites or of any third party. You should review the privacy policies of such web sites when you visit them.
General. The internet is not a secure medium, so be aware that communications over it are subject to third-party interception and eavesdropping.
By submitting your information, you consent to the use of that information and other information we collect as set out in this Policy. If we change our Privacy Policy, we will post the changes on this page, and may place notices on other parts of the web site so that you may become aware of the information we collect and how we use it. Your continued use of our services will signify your consent to the changes and to our use of your information.
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