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BouncePhone's Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY. BY CLICKING ON THE ["SIGN UP"] BUTTON
OR BY USING OR ACCESSING THIS WEB SITE, OR ANY WEB SITE HOSTED
AT BOUNCEPHONE.COM (THE "SITE"), OR BY
USING ANY OF THE SERVICES PROVIDED VIA THE SITE ("SERVICES"),
EACH OF YOU AND THE ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU”)
AGREE TO BE BOUND BY THESE TERMS OF USE AND BY THE PRIVACY
POLICY AND COPYRIGHT DISPUTE POLICY OF BOUNCEPHONE
("BOUNCEPHONE"), WHICH ARE COLLECTIVELY
REFERRED TO AS THE "AGREEMENT." YOU REPRESENT
THAT YOU CONSENT TO BE BOUND BY AND ARE BECOMING A PARTY TO THE
FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THE SITE AND THE SERVICES
OFFERED BY BOUNCEPHONE SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO
RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.
BouncePhone may, in its sole discretion, modify this Agreement
from time to time, and may modify, suspend, or terminate the Site
and Services, for any reason and without notice. Although You
may be asked to indicate Your assent to the terms of this Agreement
only once (e.g., when You register for a BouncePhone account),
the terms of this Agreement, as modified by BouncePhone from time
to time, will govern all use of the Site and Services. BouncePhone
recommends that You review these terms from time to time to note
any changes. By continuing to use or access the Site or any of
the Services, You agree to be bound by the Terms of Use in effect
at the time of such use or access.
1. Description of the Services
BouncePhone provides Registered Users the ability to contact
and be contacted on their mobile phones with text messages and
the web without exposing their phone number to anyone but BouncePhone.
BouncePhone provides Registered Users (defined below) with the
ability to host a variety of content, including without limitation
images that Registered Users own or to which they have the necessary
rights ("User Content"), in order to share
User Content via the Web or mobile phones.
Although the Site and Services are normally available, there
will be occasions when the Site or Services will be interrupted
for scheduled maintenance or upgrades, for emergency repairs,
or due to failure of telecommunications links and equipment that
are beyond the control of BouncePhone. Also, although BouncePhone
will normally only delete Content that violates this Agreement,
BouncePhone reserves the right to delete any Content for any reason,
without prior notice to You. Deleted Content may be stored by
BouncePhone in order to comply with certain legal obligations
and is not retrievable without a valid court order. Consequently,
BouncePhone encourages You to maintain Your own backup of Your
User Content. In other words, BouncePhone is not a backup service.
As discussed further in Section 8, BouncePhone will not be liable
to You for any modification, suspension, or discontinuation of
the Services or the loss of any Content.
Chat services not supported by Verizon Wireless.
2. Accounts and Passwords
In order to access certain features of the Site and the Services,
and to post Content, You must create a BouncePhone account. Once
You have created an account, You will be a "Registered
User." Your BouncePhone account is solely for Your
own personal use and benefit. You are responsible for safeguarding
the password that You use to access the Site and Services. You
agree not to disclose Your password to any third party nor to
permit any third party to use Your BouncePhone account. You agree
to take sole responsibility for any activities or actions under
Your password, whether or not You have authorized such activities
or actions. You will immediately notify BouncePhone of any unauthorized
use of Your password. In registering and creating an account,
You agree to provide accurate, current and complete information,
and to promptly update that information as necessary. BouncePhone
will have no liability for failure to deliver notices that result
from inaccurate account information. BouncePhone reserves the
right to disable accounts that are using excessive bandwidth or
otherwise abusing the system. BouncePhone has the right to change
its file size, bandwidth, or storage limitations without notice.
You may terminate Your account at any time, for any reason, by
texting the word "STOP" to 99899. BouncePhone
reserves the right at all times to terminate Your account and
delete any and all Content, in whole or in part, for any reason,
including, without limitation, a violation of any part of this
Agreement.
3. Your License to BouncePhone
BouncePhone does not claim any ownership rights in any User Content
that You post to the Site or upload using the Services. After
You post User Content to the Site or upload User Content, You
continue to retain all ownership rights in such User Content.
However, by posting User Content to the Site or uploading User
Content, You hereby grant to BouncePhone and each Registered User
a nonexclusive, royalty-free, transferable, sublicensable, perpetual,
worldwide license to use, copy, modify, prepare derivative works
from, distribute, publicly display and publicly perform (whether
by means of a digital audio transmission or otherwise), process
and otherwise fully exploit Your User Content (including all related
intellectual property rights), and to allow others to do so, including
without limitation (a) adapting the format of Your User Content
(for example by encoding or transcoding) for suitable display
on the Site or Services; and (b) displaying, in BouncePhone's
sole discretion, Your User Content in search results generated
by the BouncePhone search engine. In connection with the above
license, You provide Your consent for BouncePhone personnel, including
BouncePhone contractors and service providers, to view Your User
Content at any time for the purpose of providing the Services
and filtering content that violates this Agreement. You acknowledge
that You are solely and fully responsible for all Content You
submit to the Site or provide to the Service. You represent that
You either own the User Content or have all rights necessary to
grant this license.
4. BouncePhone's Limited License to You
Subject to Your compliance with the terms and conditions of this
Agreement, BouncePhone grants You a non-transferable, non-sublicensable
right to access, view and print public Content, only for Your
personal, non-commercial use. With the exception of Your
User Content, You may not distribute any Content to third parties,
use any Content commercially (except as may be permitted by a
separate license explicitly attached to a particular piece of
Content), or otherwise copy, modify, distribute, publicly display,
perform, or exploit any Content (except as such acts may be permitted
by a separate license explicitly attached to such Content). You
shall abide by all notices, information, and restrictions contained
in any Content accessed through the Services.
5. Restrictions
As a condition of use, You will not use the Services for any
purpose that is unlawful or prohibited by this Agreement, or any
other purpose which BouncePhone otherwise forbids. By way of example,
and not as a limitation, You will not do any of the following
while using or accessing the Site or the Services:
a. Post, upload, e-mail, or otherwise transmit (i) any Content
that You do not have the lawful right to copy, transmit, and display
(including any Content that would violate any confidentiality
or fiduciary obligations that You might have with respect to the
Content); (ii) any Content for which You do not have the consent
or permission of each identifiable person in the Content to use
the name, voice, signature, photograph, or likeness of each such
person (to the extent each is implicated by the Content); or (iii)
any Content that infringes the intellectual property rights or
violates the privacy rights of any third party (including without
limitation copyright, trademark, patent, trade secret, or other
intellectual property right, or moral right, or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark,
or other proprietary rights notices appearing on any Content except
Your User Content;
c. Use any meta tags or other hidden text or metadata utilizing
a BouncePhone name, trademark, URL, or product name without BouncePhone's
express written consent;
d. Post, upload, e-mail, or otherwise transmit, without first
obtaining the permission of BouncePhone, any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
"pyramid schemes," Ponzi schemes, investment opportunities,
or any other form of solicitation;
e. Post, upload, e-mail, or otherwise transmit, via the Site
or Services, any Content that is unlawful, obscene, harmful, threatening,
harassing, defamatory, sexually explicit, or hateful (including,
without limitation, any Content constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable law), or that contains objects
or symbols of hate, invades the privacy of any third party, contains
nudity or pornography (including without limitation any child
pornography or child erotica), or is deceptive, threatening, abusive,
inciting or facilitating an unlawful action, defamatory, libelous,
profane, vulgar, or violent, false, misleading, or likely to mislead
or deceive (including, without limitation, information relating
to the source or author of the Content), alcoholic beverage-related
(beer, wine, liquor, etc.), tobacco-related (cigarettes, cigars,
pipes, chewing tobacco, etc.), guns/weapons-related (firearms,
bullets, etc.), illegal drugs-related (marijuana, cocaine, etc.),
crime-related (organized crime, notorious characters, etc.), death-related
(funeral homes, mortuaries, etc.), gambling-related (casinos,
lotteries, etc.), telecommunications carrier competitor-related
(e.g. providers of telecommunication services, providers of comparison
shopping for telecommunications services, etc.), involves a copy
or parody of current or part telecommunications carrier products
or services, involves an implied affiliation, association or endorsement
by, or favored status with, any telecommunications carrier or
is otherwise objectionable in the sole opinion of BouncePhone;
f. Post, upload, e-mail, or otherwise transmit any Content that
contains software viruses or any other computer code, files, or
programs designed to (i) interrupt, destroy, or limit the functionality
of any computer software; or (ii) interfere with the access of
any user, host or network, including, without limitation, sending
a virus, overloading, flooding, spamming, or mail-bombing the
Site;
g. Post, upload, e-mail, or otherwise transmit any Content that
includes code that is hidden or otherwise surreptitiously contained
within the images, audio, or video of any Content that is unrelated
to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan, or test the vulnerability of any BouncePhone
system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information
in any posting, or in any way use the Site or Services to send
altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble, or
otherwise circumvent any technological measure protecting the
Site or Services;
k. Collect or store personal data about other users without their
express permission;
l. Impersonate or misrepresent Your affiliation with any person
or entity, through pretexting or any other form of social engineering,
or otherwise commit fraud;
m. Resell the Services, in whole or in part;
BouncePhone does not control the Content in Registered Users'
accounts and does not have any obligation to monitor such Content
for any purpose. However, regardless of whether the Content is
public or private, BouncePhone may choose to monitor such Content
at any time, in its sole discretion and without notice.
BouncePhone reserves the right at all times to terminate Your
account, and delete any and all Content, in whole or in part,
for any reason including without limitation violations of this
Section 5, or of any part of this Agreement. BouncePhone reserves
the right at all times to disclose, in its sole discretion, any
Content as necessary to (a) satisfy any law, regulation, or governmental
request or (b) reduce or prevent what BouncePhone considers to
be, in its sole discretion, a serious or imminent threat to Your
health or safety, or the health or safety of another. For information
regarding BouncePhone's handling of Your personally identifiable
information, refer to the BouncePhone Privacy
Policy.
6. Age Requirements
You certify to BouncePhone that if You are
an individual (i.e., not a corporation); You are of legal
age to form a binding contract. You also certify that You are
legally permitted to use the Services and access the Site, and
take full responsibility for the selection and use of the Services
and access of the Site. Without limiting the foregoing,
if You are under the age of 13, You are not allowed to use the
Service. If you are under the age of 18, you are not allowed to use this
service without parental consent. AT&T users must be 18 years of
age or older to use the BouncePhone service. This Agreement is void where prohibited
by law, and the right to access the Site is revoked in such jurisdictions. In
addition users 18 years of age and older are not allowed to contact
users under the age of 18 in any manner with or through the BouncePhone
services.
7. Disclaimer of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON
AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOUNCEPHONE
AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Electronic Communications Privacy Act Notice (18 USC 2701-2711):
BOUNCEPHONE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF
ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEB SITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES.
BouncePhone will not be liable for the privacy of e-mail addresses,
phone or communication device numbers, registration and identification
information, disk space, communications, confidential or trade-secret
information, or any other Content stored on its equipment and
transmitted over networks accessed by the Site or Services, or
otherwise connected with Your use of the Site or Services.
8. Limitations of Liability
You acknowledge that BouncePhone has no control over, and no
duty to take any action regarding: which users gains access to
the Site or Services; what Content You access via the Site or
Services; what effects the Content may have on You; how You may
interpret or use the Content or Services; or what actions You
may take as a result of having been exposed to the Content or
Services. You release forever and irrecoverably BouncePhone and
its licensors and each of their respective officers and directors
from all liability for having acquired or not acquired Content
through the Site or Services. The Site or Services may contain,
or direct You to sites containing, information that some people
may find offensive or inappropriate. BouncePhone makes no
representations concerning any content contained in or accessed
through the Site or Services, and BouncePhone will not be responsible
or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the Site
or Services.
IN NO EVENT WILL BOUNCEPHONE OR ITS LICENSORS BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA,
SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER
BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF BOUNCEPHONE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BOUNCEPHONE OR ITS LICENSORS' AGGREGATE
LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS
ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE
AMOUNTS YOU HAVE PAID TO BOUNCEPHONE OR $500.00, WHICHEVER IS
GREATER. You acknowledge that BouncePhone has set its prices and
entered into this Agreement in reliance upon the limitations of
liability specified herein, which allocate the risk between the
parties and form a basis of the bargain between the parties. Some
jurisdictions do not allow the exclusion or limitation of liability
of incidental or consequential damages, so the above limitation
may not apply to You.
9. Indemnification
You agree to defend, indemnify, and hold harmless BouncePhone
and its officers, directors, employees, and agents, from and against
any claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with Your access to or use of the
Site or Services, Your violation of this Agreement, or the infringement
by You, or any third party using the Your BouncePhone account,
of any intellectual property or other right of any person or entity.
BouncePhone reserves the right, at its own expense, to assume
the exclusive defense and control of any such claim otherwise
subject to defense by You, in which event You will cooperate with
BouncePhone and its counsel, as necessary, in the conduct of such
defense.
10. Links to Third Party Sites
The Site or Services may contain links to third-party Web sites
or resources. You acknowledge and agree that BouncePhone is not
responsible or liable for: (i) the availability or accuracy of
such Web sites or resources; or (ii) the content, products or
services on or available from such Web sites or resources. Links
to such Web sites or resources do not imply any endorsement by
BouncePhone of such Web sites or resources or the content, products,
or services available from such Web sites or resources. You acknowledge
sole responsibility for and assume all risk arising from Your
use of any such Web sites or resources. For the terms and conditions
governing Your use of those Web sites, refer to their terms of
use.
11. Forum and Choice of Law
This Agreement will be governed by and construed in accordance
with the laws of the State of California, without regard to its
conflicts of law rules. Except as specified in this section, any
controversy or claim arising out of or relating to this Agreement
or its subject matter shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the Judicial
Arbitration and Mediation Service, Inc. (“JAMS”). Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The decision of the arbitrator shall be final
and unappealable. The arbitration shall be conducted in San Francisco,
California, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Notwithstanding anything
to the contrary, BouncePhone may at any time seek injunctions
or other forms of equitable relief from any court of competent
jurisdiction. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of,
or related to, use of the Services or this Agreement must be filed
within one (1) year after such claim or cause of action arose,
or be forever barred.
12. Equipment and Ancillary Services
You are responsible for obtaining and maintaining any equipment
or ancillary services needed to connect to, access the Site or
otherwise use the Services, including, without limitation, hardware
devices, software, and other internet, wireless, broadband, phone
or other communication device connection services. You shall be
responsible for ensuring that such equipment or ancillary services
are compatible with the Site and any Services and You shall be
responsible for all charges incurred in connection with all such
equipment and ancillary services, including any fees charged for
airtime usage and/or sending and receiving messages or related
notifications.
13. General
You may not assign any rights granted to You or delegate any
of Your duties hereunder; any attempt to do so is void and of
no effect. BouncePhone may freely assign its rights and delegate
its duties under this Agreement in their entirety. The failure
of BouncePhone at any time to require performance of any provision
hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing. If a court
should find that one or more rights or provisions contained in
this Agreement are invalid, You agree that the remainder of the
Agreement will be enforceable. The headings and captions are for
convenience only and are not to be used in the interpretation
of this Agreement. This Agreement constitutes the complete and
exclusive understanding and agreement between You and BouncePhone
regarding its subject matter, and supersedes all prior and contemporaneous
agreements or understandings relating to such subject matter and
that all modifications must be in a writing signed by both parties,
except as otherwise provided herein. No agency, partnership, joint
venture, or employment is created as a result of this Agreement
and You do not have any authority of any kind to bind BouncePhone
in any respect whatsoever.
If You have any questions or concerns about this Agreement or
any issues raised in this Agreement or on the Site or Services,
please contact BouncePhone at the contact
us page.
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