Pyfone is committed to your privacy. We will not trade, sell, or disclose your private information to any third party without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our customers who use services and products from Pyfone and from visitors to our web sites and from potential customers who have communicated, made contact or interacted with Pyfone, both in connection with online and offline services and products offered by Pyfone.
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SPYWARE
Pyfone believes that Spyware is a threat to consumer privacy and a consumer’s experience online. Therefore, we forbid any Pyfone employee, agent, partner, affiliate or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of Pyfone. Spyware refers to any executable software application that is installed on a user’s personal computer and covertly gathers and transmits information through the user’s Internet connection without the knowledge or consent of the user. Cookies and web beacons are not considered Spyware. Spyware may gather info, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any Pyfone employee, agent, partner or affiliate on Pyfone’s behalf will not be tolerated and will be considered grounds for dismissal, contract termination and/or loss of payment.
USE OF INFORMATION
We can collect the personal information you give us including but not limited to your name, address, email address, gender, telephone number, credit card information, photo or other details.
When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Pyfone will use customer information (1) to market products and services to Customers and Visitors that Pyfone believes may be of interest to them, (2) to provide services and products requested by Customers and Visitors and (3) to enable its vendors and contractors to provide and assist Pyfone in the marketing and provision of such services and products to Customers or Visitors. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from Pyfone. Pyfone only works with partners whom we believe maintain high standards with respect to privacy and consumer rights.
Pyfone may also use and disclose customer information to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our Terms of Service.
SECURITY
Pyfone has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, Pyfone has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded at every level of its organization. Pyfone will continue to revise policies and implement additional security features as new technologies become available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using our services.
COMMUNICATIONS
Pyfone will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using Pyfone services except as required to ensure proper operation of services or as otherwise authorized by law.
You should be aware that any privately identifiable information, which you voluntarily include and transmit through publicly accessible forums (such as public chat rooms, blogs, instant messages, etc.) may be viewed and used by anyone with access to such forums. Pyfone is unable to control such uses of your privately identifiable information, and by using such services you assume the risk that the privately identifiable information, provided by you may be viewed and used by third parties.
CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at privacy [at] pyfone.com
DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
CREDIT CARD PAYMENTS
Payment:
If you choose a direct payment gateway to complete your purchase, then we store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and its service providers.
THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located at different jurisdiction than either you or us. So if you select to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
COOKIES
We may use cookies on the site. Cookies are small text files kept on your device. These files contain information about your device and browser, its parameters and settings and other identifiable information. We use cookies to increase page loading speed, let you save your password while logging in, and make your web surfing easier in other ways.
In general we may collect the following information of each user:
– login, password and preferences of the browser;
– personal information (name, e-mail, phone number and other);
– IP address, device location;
– site surfing and clicking information.
Besides, Cookies can collect other information as well.
Any user can refuse cookies (check your browser settings). However, this may result in incorrect display or functioning of the site.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at privacy [at] pyfone.com
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OVERVIEW
This website is operated by Pyfone. Throughout the site, the terms “we”, “us” and “our” refer to Pyfone. Pyfone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
WEB SITE AND SERVICES TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site or services.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. See End User License Agreement for more information.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. All prices come into effect the moment they are published on the site or in the application.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
RATES, BILLING AND OFFERS
All rates are displayed in USD (unless other information is mentioned).
Emergency calls* and Premium rate numbers** are not supported by the Software. All calls connected to such numbers will be billed at $10 per minute rate.
* Emergency Call examples – 911 (USA), 999 (UK), 112 (India) etc.
**Premium Rate Number examples – 08xx (UK)
The calls are billed on per minute basis and they are rounded up to the nearest minute (i.e., 20 seconds = 1 minute; 62 seconds = 2 minutes etc.).
“Tariff” means standard rate for international calls which apply when a user tops up the account. Tariffs are used if a user does not buy any Package.
“Offer” means a package of minutes at fixed rate. Packages and prices may be changed from time to time.
We reserve the right to change, block or remove Packages, Plans, rates, billing increments, discount amounts.
Your call will not be completed if your balance is less than a 1-minute call. For example, your balance is $0.05 and a 1-minute call costs $0.051, then you will get the following message “The balance is too low to make this call.” In this case you should top up your account to keep calling.
NOTE: ALL FUNDS ARE SUBJECT TO EXPIRATION. USERS HAVE 180 DAYS TO USE THE FUNDS AFTER TOP UP. ANY USER CAN ADD MORE FUNDS AND THE EXPIRATION DATE WILL BE RENEWED FOR 180 MORE DAYS. IN CASE OF SPECIAL PACKAGES THEY EXPIRE IN 30 DAYS AFTER THE PURCHASE.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pyfone, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pyfone and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or application.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Great Britain.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at terms [at] pyfone. com
This End-User License Agreement (EULA) is a legal agreement between user (either an individual or a single entity) and the author of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation (“SOFTWARE PRODUCT”).
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) Pyfone is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software in your country.
PYFONE CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Pyfone Credit please be aware that it becomes inactive after 180 days of non-use.
SOFTWARE LICENSE
Pyfone communication software application (“Pyfone”), other Rovex Telecom branded software applications (together the “Rovex Telecom Software”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you by Rovex Telecom.
GRANT OF LICENSE. Subject to your compliance with this EULA, you are granted a limited, non-exclusive, non-sub licensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Pyfone user account (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Pyfone Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Pyfone reserves all rights not expressly granted to you under this EULA.
Restrictions. You may not and you agree not to:
(a) Sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) Remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) Use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications;
(e) Other than for the purposes of download and installation, use the Software except through your User Account.
Third-Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third-Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third-Party Technology; (b) some Products and/or functionality may not be accessible through the Third-Party Technology and (c) Pyfone cannot guarantee that the Software shall always be available on or in connection with such Third-Party Technology.
Suspension, technical improvement and maintenance: From time to time, Pyfone may need to perform maintenance on or upgrade the Software, Products or Pyfone Website or the underlying infrastructure that enables you to use the Software, Products or Pyfone Website. This may require Pyfone to temporarily suspend or limit your use of some or all of the Software, Products or Pyfone Website until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Pyfone will publish the time and date of such suspension or limitation on the Pyfone Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Pyfone Website.
Content of Communications: Pyfone is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Pyfone reserves the right (but shall have no obligation) to review content for the purpose of enforcing this EULA. Pyfone may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce this EULA. Further, Pyfone may in its sole discretion remove such content and/or terminate this EULA and your User Account if you use any content that is in breach of this EULA.
No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party unless you are specifically licensed and authorized to do so.
Termination.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, sounds, clipart, libraries, and examples incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. The licensed users or licensed company can use all functions, example, templates, clipart, libraries and symbols in the SOFTWARE PRODUCT to create new diagrams and distribute the diagrams.
PROPRIETARY RIGHTS
The Software, Products and Pyfone Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.
The content and compilation of content included in the Pyfone Website, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Rovex Telecom, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without Rovex Telecom’s express permission. You may download and make personal, non-commercial use of User Submissions on www.pyfone.com that are displayed with a “download” or similar link. Rovex Telecom reserves all rights not expressly granted in the Pyfone Website.
Rovex Telecom and/or its licensors retain exclusive ownership of the Software, Products and Pyfone Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Rovex Telecom intellectual property rights in the Software, Products and/or Pyfone Website.
“Pyfone”, associated trademarks and logos are trademarks of Rovex Telecom. Rovex Telecom has registered and filed applications to register its trademarks in many countries worldwide. Rovex Telecom trademarks and trade dress may not be used in connection with any product or service that do not belong to Rovex Telecom, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rovex Telecom. All other trademarks not owned by Rovex Telecom or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Rovex Telecom intellectual property (in whole or part) or that is confusingly similar thereto.
LIMITED WARRANTY
NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.
Subject to the abovementioned, Pyfone shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Pyfone, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) Any damage to or corruption of data (whether direct or indirect);
(d) Any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) Your inability to use the Software to contact Emergency Services;
(ii) Your failure to make additional arrangements to access Emergency Services;
(iii) your failure to provide accurate physical location information to an Emergency Services operative; or
(iv) conduct of third party Emergency Services operatives and calling centers to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any product or service provided by a third party under their own terms of service, including without limitation WiFi;
(ii) any Third Party Technology;
(iii) any third party website.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR ROVEX TELECOM WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ROVEX TELECOM THE RIGHTS SET FORTH HEREIN.