VONAGE TIME TO CALL™ MOBILE SERVICE AND SOFTWARE STANDARD TERMS & CONDITIONS AND END USER LICENSE AGREEMENT
These Terms and Conditions constitute the agreement between Novega Venture Partners, Inc. ("Vonage Mobile") and the user of the Time to Call™ service plan provided by Vonage Mobile (individually and collectively referred to as "Service") and the associated software ("Software") for the Time to Call™ application (“Licensed Application”), which you must download to an authorized mobile device in order to use the Service.
By using the Service and downloading, installing or using the associated Software, you expressly agree to be bound by these Terms and Conditions and future amendments and additions to these as published from time to time at http://www.vonagemobile.com (collectively, the “Terms and Conditions” or “Agreement”). Vonage Mobile is sometimes referred to as "we," "us," "our," or "Vonage Mobile" and the user is sometimes referred to as "you," "your," or "user," or "customer."
SUMMARY OF IMPORTANT TERMS AND CONDITIONS
- The Service is designed as an alternative for making international calls from within the U.S. and other select countries and destinations using a compatible mobile device.
- The Licensed Application and the Service are not designed to replace or interfere with your current mobile telephone service. The Service does not support or terminate emergency (911) initiated calls.
- The Licensed Application will operate in high quality Wi-Fi network environments worldwide and high quality 3G network environments in the United States and Canada. VONAGE MOBILE DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH VONAGE MOBILE MUST INTERCONNECT. THEREFORE, VONAGE MOBILE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.
- You are responsible for all data and other charges imposed by your carrier which may be incurred in using the Service.
- You may activate your Service by purchasing increments of fifteen (15) minutes of calling time to the countries that are supported by the Service. ANY UNUSED MINUTES MAY BE USED FOR ADDITIONAL CALLS TO THE SAME COUNTRY OR CALLING REGION AND WILL EXPIRE ONE (1) YEAR FROM THE DATE OF PURCHASE. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund. There are no refunds for Service cancellations.
- Taxes may apply to the purchase price.
- Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service and you will be charged by your carrier for that call according to its rates.
- Unless otherwise prohibited by applicable law, we can change the terms and conditions of the Service plan (such as features, prices, per minute rates and free offers) at any time, with or without notice.
- The Service does not support or operate on TTY-enabled devices.
These Terms and Conditions and any others referenced herein, constitute a legal agreement between you, the end user, and Vonage Mobile. This Agreement is a service Agreement. Please read it carefully before accepting it. Where this Agreement is provided in languages other than in English, in the event of a conflict in terms, the terms of the English version shall prevail.
CONFIRMATION OF YOUR RIGHT TO USE THE SERVICE AND SOFTWARE
By entering into these Terms and Conditions, you expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully its terms and conditions, and that you have confirmed that your use of this Software and Service is permitted under the laws of your country. Vonage will not be responsible if the use of the Software or the Service does not comply with the laws of your country.
You also represent and warrant that any information you provide to us in connection with your use of the Service or the Software (including, without limitation, your mobile telephone number) is accurate.
PURPOSE OF SERVICE
The Service is intended to enable alternative outbound international long distance calling from the United States and other designated countries and locations using a compatible mobile device. The Service is not designed to replace or interfere with your current mobile telephone service. The Service and the Licensed Application will operate in a high quality Wi-Fi network environment worldwide and high quality 3G network environment (U.S. and Canada).
CALLS TO EMERGENCY SERVICES
The Service is not a replacement for your ordinary telephone service and you cannot make emergency (e.g., 911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using the Service from an authorized Compatible Device, the Licensed Application will close, the native dialer will be launched, and the call will placed over your carrier‘s cellular network. Neither your phone number nor your location will be reported to an emergency operator.
REQUIREMENTS FOR ACCESSING THE SERVICE
In order to use the Service to make calls, you must satisfy the following requirements:
- You must have one of the authorized compatible handset devices identified on our website (the “Compatible Devices”). A list of all Compatible Devices can be found at http://www.vonagemobile.com.
- You must download the Software onto your Compatible Device.
- You must have a valid iTunes account, with an email address and valid password associated with it. Your iTunes account will be charged for all of the purchases you make.
- You must have Wi-Fi access or a data plan with your wireless carrier to use the Service.
- Before placing a call, you should confirm that the Wi-Fi or 3G network that you will be accessing has sufficient signal strength and bandwidth. Vonage is not responsible if you attempt, but fail, to make a call, or if your call is dropped, because the network does not have adequate signal strength or bandwidth or is congested or otherwise impaired. Vonage Mobile is not responsible for any failure or impairment of any Wi-Fi or 3G network.
You may only access the Service using authorized Software and a Compatible Device. It is your responsibility to download the correct Software for your Compatible Device. Vonage Mobile is not liable if you do not have a Compatible Device or if you have downloaded the wrong version of the Software. Vonage Mobile reserves the right to terminate this Agreement should you be using the Service or the Software with a device that is not identified as a Compatible Device. You may not use the Service simultaneously on more than one phone or device.
USING THE SOFTWARE AND THE SERVICE
To use the Service, you must first manually open the Licensed Application on your Compatible Device. To place an international call with the Service, you must see the Licensed Application screen when the call is being connected. Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service, and you will be charged by your carrier for that call according to its rates.
Next, you will be asked to select the country that you wish to call. Upon first use: After you have selected the country, the next screen will show you the cost to purchase fifteen (15) minutes of calling time to call your selected country. If you wish to proceed with the call, you must complete your purchase by clicking the “BUY” button, and your iTunes account will be charged for the indicated cost of your purchase. If iTunes verifies your purchase, you will then be invited to dial the number you wish to call in the country you have selected. Upon second and subsequent uses: If you see a notification that you have any minutes remaining from a prior purchase which you can use to place your call, you must use those minutes before you can make a new calling purchase to your selected country or calling Region.
For more information on how to use the Service and the Software, see our Frequently Asked Questions at http://www.vonagemobile.com/support/Help_Center_NextGen/mobile/index.php.
VONAGE CHARGES FOR USING THE SERVICE
You may activate your Service by purchasing increments of fifteen (15) minutes of calling time to the countries that are supported by the Service. ANY UNUSED MINUTES MAY BE USED FOR ADDITIONAL CALLS TO THE SAME COUNTRY OR CALLING REGION AND WILL EXPIRE ONE (1) YEAR FROM THE DATE OF PURCHASE. Calls are metered on a per minute basis, and partial minutes are rounded up for billing. The Service is non-refundable, and no refunds or other compensation will be given for unused calling time. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund.
DATA AND OTHER THIRD PARTY CHARGES
All 3G voice communications sent or received using the Service over your carrier‘s network will be charged to you at your wireless carrier‘s data (kilobyte) charges pursuant to your particular data plan and customer agreement with your carrier. You are solely responsible for these charges. Please check with your carrier regarding charges applicable to your account prior to using the Service over your carrier‘s network. In addition, when you use the Service, you may be making use of other third party networks (including 3G, Cellular/Mobile, commercial hotspots) beyond those of your carrier; as a result, third party carrier airtime, roaming, access charges and surcharges may apply, for which you are solely responsible. Vonage Mobile is not liable for these or any other costs you may incur by using your carrier‘s or other third party services.
CONSENT TO RECEIVE SMS MESSAGES
If you provide us with your cell phone number, you consent to receiving service-related information from us via SMS. You also agree that you are solely responsible for the SMS charges that your wireless provider may charge for both sending and SMS to us and for receiving any account-related SMS from us.
For more information on our customer service, please review the "Support" section within the Licensed Application and at our web site http://www.vonagemobile.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
CHANGES TO THE SERVICES
Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service plan (such as features, prices and free offers) at any time, with or without notice.
If we terminate your Service for your violation of these Terms and Conditions, cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid Service charges.
Apple will charge your method of payment in advance for each Service purchase you authorize. We reserve the right to stop accepting your payment method or your payments. Vonage Mobile has no obligation to refund any payments made in advance for the use of the Service as set out in these Terms and Conditions.
Taxes, surcharges, or fees, or all of these (collectively, “Taxes”), may be assessed by government authorities on your use of our Service. You are responsible for all Taxes, which will be in addition to the applicable charges for purchasing the Services. Your iTunes account will be charged for applicable Taxes in accordance with the iTunes Store Terms of Sale which is applicable in your country. To review the iTunes Store Terms of Sale for your country, visit http://www.apple.com/legal/itunes/ww/.
RESOLUTION OF BILLING OR SERVICE-RELATED ISSUES
If you want to dispute any Vonage Mobile charges on your account, you must notify Apple. To resolve any Service-related issues, notify Vonage Mobile at [email protected]
ASSIGNMENT OF RIGHTS
You may not assign your rights under these Terms and Conditions unless expressly agreed by Vonage Mobile. Vonage Mobile's assignment rights are unrestricted.
REASONABLE USE OF SERVICE
Vonage Mobile Service is solely for normal personal, individual, non-commercial use. If you use the Service in a way that is inconsistent with such use, we reserve all right to terminate the Service.
LAWFUL PURPOSES ONLY
You may use our Service, the Software and your device only for lawful, proper and appropriate purposes. You may not use our Service, the Software or your device in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our Service for auto-dialing, continuous or extensive call forwarding, inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, fax or voicemail blasting, or continuous or extensive chat line access. Nor may you use an open telephone line as a monitor, intercom or transcription service. And, you shall not use our Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our Service.
USE OF SERVICE AND DEVICE BY CUSTOMERS OUTSIDE OF THE UNITED STATES
The Service is designed to be accessible on a world-wide basis. You will be solely responsible for any violations of local laws and regulations because of your use of our Service. Furthermore please be aware that your cellular carrier‘s data rates may change if you are using your cellular device outside of your local calling area.
NO ALTERATIONS OR TAMPERING
If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You may not use or obtain our Service in any manner that avoids Vonage Mobile policies and procedures, including in an illegal or improper manner.
You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.
We may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or Vonage Mobile, its parent, affiliates, directors, officers, agents, and employees from harm.
PROVIDING INFORMATION TO AUTHORITIES AND THIRD PARTIES
If we believe that you have used our Service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es) and all other account information, as follows:
In response to law enforcement or other governmental agency requests;
As required by law, regulation, rule, subpoena, search warrant, or court order;
As necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
To protect Vonage's rights and property; or
In emergency situations where disclosure of such information is necessary to protect Vonage customers or third parties from imminent harm.
OUR RIGHT TO DISCONNECT
We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:
- If we determine that you have used the Service or the Software for an unlawful or inappropriate purpose;
- If we determine that the use or content does not conform to the requirements in this Agreement or that it interferes with our ability to provide the Service to you or others;
- If we determine that you have used the Service or the Software in violation of any laws or regulations; or
- If we determine that you have tampered with the Software.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
THEFT OF SERVICE
You may not use or obtain our Service in any manner that avoids Vonage policies and procedures, including an illegal or improper manner. You must notify us immediately at [email protected] if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us, you will be liable for all use of our Service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our Service whether or not it involves a stolen device.
NO TRANSFER OF SERVICE
You are the sole holder for the Service for all purposes. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Vonage Service or features of your Vonage Service without first getting our written consent.
YOU AGREE THAT OUR SERVICE IS PROVIDED "AS IS," EXCEPT TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER VONAGE MOBILE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE MOBILE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY VONAGE MOBILE OR VONAGE MOBILE'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
DISCLAIMER OF LIABILITY FOR DAMAGES
In no event will Vonage Mobile, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 dialing service, any other emergency dialing service (e.g., 999, 112) or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. Vonage Mobile is not responsible for any impact the Software may have on your device or any impact the download and install of the Software may have on your device. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
DISCLAIMER OF THIRD PARTY ACTIONS AND CONTROL
Vonage Mobile does not and cannot control the quality of other parties' networks to which Vonage Mobile must interconnect. Therefore, Vonage Mobile disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
You shall defend, indemnify, and hold harmless Vonage Mobile, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, 911 Dialing or use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).
You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.
The law of the state of New York will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable U.S. federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein.
NO WAIVER OF RIGHTS
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Vonage Mobile reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by Vonage Mobile under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.
NO THIRD PARTY BENEFICIARIES
If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.
These Terms and Conditions, including any future modifications to its terms, the End-user License Agreement (below) and the rates for services found on our web site, if applicable, constitute the entire agreement between you and Vonage Mobile. This Agreement governs your use of our service as well as the use of our Service others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and Vonage Mobile. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Vonage Mobile and you agree to arbitrate any and all disputes and claims between you and Vonage Mobile arising under this Agreement or the EULA. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court.
INFORMAL RESOLUTION OF DISPUTES
Our Customer Care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Vonage Mobile customer care department by e-mail at [email protected] In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
FORMAL NOTICE OF DISPUTES
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to Vonage Mobile must be sent to Vonage Mobile by certified mail addressed to: Novega Venture Partners, Inc., Attn: Legal Department, 23 Main Street, Holmdel, NJ 07733. A Notice of Dispute must be sent to you by email addressed to you at the last known email address or by certified mail at the last known mailing address, if any, known to Vonage Mobile either directly or through information provided to Vonage Mobile, from third party providers. The Notice of Dispute must describe the nature and basis of the dispute or claim and set for the specific relief sought.
If you and Vonage Mobile do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Vonage Mobile may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase.
ARBITRATOR AND ARBITRAL RULES
The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at [email protected], or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
LOCATION AND PROCEDURE OF ARBITRATION
Unless you and Vonage Mobile mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in New York, New York. If your claim is for $10,000 or less, you or Vonage Mobile may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
FEES AND COSTS
You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in Vonage Mobile's favor, you shall reimburse Vonage Mobile for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse Vonage Mobile for any of the fees and costs advanced by Vonage Mobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Vonage Mobile shall pay all fees and costs which it is required by law to pay.
WAIVER OF JURY TRIAL
You and Vonage Mobile agree that, by entering into this Agreement, you and Vonage Mobile are waiving the right to a trial by jury.
WAIVER OF CLASS ACTIONS
Class arbitrations are not permitted. You and Vonage Mobile agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Vonage Mobile agree that you and Vonage Mobile may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Vonage Mobile agree that, unless you and Vonage Mobile agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
STATUTE OF LIMITATIONS
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.
EXCEPTIONS TO ARBITRATION AGREEMENT
You and we agree:
- you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
- if you fail to timely pay amounts due, including for the costs of arbitration, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
- you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction
- any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
- either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Vonage Mobile, pending the completion of arbitration.
MODIFICATION OF ARBITRATION PROVISION
Despite any provision in this Agreement to the contrary, if Vonage Mobile makes any substantive change to this arbitration provision, you may reject any such change and require Vonage Mobile to adhere to the language in this provision.
CHANGES TO TERMS AND CONDITIONS
We may change these Terms and Conditions from time to time. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Vonage Mobile, including changes to these Terms and Conditions. Where applicable, we may give you notice of a change on the vonagemobile.com home page, on the relevant web page of the applicable Service, by e-mail, or, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your Service immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Vonage Mobile services. If you continue to use our service, we will consider this your acceptance of any changes.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our Service infringe a copyright, you should give us written notice.
Vonage Mobile will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network
END USER LICENSE AGREEMENT
For all Compatible Devices, by clicking OK or otherwise installing, downloading, copying or using this Software (sometimes referred to as "Licensed Application"), you agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA is a legal agreement between you, the end user, and Vonage Mobile. If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and Vonage Mobile and that Vonage Mobile is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. You acknowledge and agree that Apple is not a party to this EULA and is therefore not responsible for the Licensed Application and its content.
YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE VONAGE MOBILE SERVICE. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.
The Licensed Application makes use of data, information and services on your device, including, but not limited to Phonebook; local connectivity (WLAN and Bluetooth); settings, such as SIP profiles and WLAN access points; text messaging Inbox; and Outbox and call log.
This Software is intended for use only with the Service. When activated, this Licensed Application may re-direct phone call and message data made from your handset over a local WLAN connection which in turn may direct voice and message through the Internet in an unencrypted form. In order to use the Licensed Application, you must agree to the Terms and Conditions of Service.
Subject to the terms of this EULA, Vonage Mobile grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one Compatible Device that you own or control (or as expressly outlined by Vonage Mobile from time to time) and as permitted by the Usage Rules set forth in the App Store Terms of Service.. "Use" means loaded in temporary memory or permanent storage on the Compatible Device. You must only use the Software for its intended purpose as published by Vonage Mobile from time to time. You may not use the Software in any way that could damage the Vonage Mobile service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works.
This license gives you a limited license to use the Software. Vonage Mobile retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and Vonage Mobile acknowledge that in the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Vonage Mobile will be solely responsible for the investigation, defense and settlement of such claim.
This agreement is a personal agreement between you and Vonage Mobile. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS. VONAGE MOBILE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
THIS SOFTWARE IS NOT INTENDED FOR USE WITH THE EMERGENCY SERVICES. IN NO EVENT SHALL VONAGE MOBILE, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA. Apple has no obligation to furnish any maintenance or support services with respect to this Software. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the Software, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In the event of any third party claim that the Software or your possession and use of the Software infringes on any third party's intellectual property rights, Vonage Mobile, not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Vonage Mobile reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to Vonage Mobile to remotely disable your ability to use the Software.
You shall be liable for all costs and losses incurred by Vonage Mobile as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, any use or misuse of the Software, or any communications spread by means of the Software.
You must represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.
THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Please direct any questions, complaints or claims related to the Licensed Application to:
Novega Venture Partners, Inc.
23 Main Street
Holmdel, NJ 07733