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Please read the following Terms of Use
carefully before using this Site and also before ordering or downloading
any of Super Technologies, Inc.'s products. This will make you aware of
your legal rights and obligations with respect to Super Technologies, Inc.
and its affiliates and subsidiaries.
By using the Site, purchasing the service or other products, you exhibit
your final and ongoing acceptance of these Terms of Use. You agree to
ensure that anyone using this service on your computer agrees to the Terms
of Use. Phoneopia has the right to revise the Terms of Use at any time
without prior notice to its users. Your use of the Site shall be deemed
final and ongoing acceptance of all revisions.
We reserve the right to change, modify, suspend or discontinue any portion
of the Site at any time. We may impose new limits at any time on certain
features or restrict your access to parts of the Site or the entire Site
without notice to you or without liability.
Privacy
Super Technologies, Inc. is very concerned about your privacy. To better
protect your rights we have provided the Phoneopia Privacy Policy to
explain our privacy practices in detail.
Super Technologies, Inc. is committed to respecting your privacy and the
confidentiality of your personal data, traffic data and communications
content. This Privacy Statement is designed to assist you in understanding
how Phoneopia uses and safeguards the information you provide in using
Phoneopia's peer-to-peer VoIP service and/or VoIP Services.
Phoneopia collects and processes, personal data relating to you, as
strictly necessary to (1) perform the VoIP service, in particular to
convey the communications you make by means of the Phoneopia Service
and/or the VoIP service, (2) invoice to you your use of the VoIP service
and (3) carry out Phoneoipa marketing activities.
If you would like to exercise your right to complete, correct, remove or
view your personal data, please contact Phoneopia by logging into your
Phoneopia account and submitting the request via e-ticket. Within a
reasonable period of time and upon verification of your identity,
Phoneopia will fulfill your request, provided Phoneopia will not act
contrary to applicable legislation by fulfilling your request.
Use of Phoneopia Service
Phoneopia Service, sometimes referred to as (the "Service") and
accompanying documentation that are made available by download from this
Site are the trademarked brand of Phoneopia. Use of the Service is
governed by the terms of service.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you
and Phoneopia, the materials in or purchased through this site are
provided "as is" and without warranties of any kind either express or
implied. To the fullest extent permissible pursuant to applicable law,
Phoneopia disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability or fitness for a
particular purpose, or the warranty of non-infringement. Without limiting
the foregoing, Phoneopia does not warrant that the functions contained in
the service will be uninterrupted or error-free, that defects will be
corrected, or that this service or the server that makes it available are
free of viruses or other harmful components. Phoneopia does not warrant or
make any representations regarding the use or the results of the use of
the materials in this service in terms of their correctness, accuracy,
reliability, or otherwise. You (and not Phoneopia) assume the entire cost
of all necessary servicing, repair, or correction. Applicable law may not
allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Phoneopia makes no representations of any kind whatsoever,
regarding the content or appropriateness of content of information of
third party web sites and you hereby irrevocably waive any claim against s
with respect to such web sites.
Under no circumstances, including, but not limited to, negligence, shall
Phoneopia be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials, the site, or any
other web site, even if Phoneopia or a Phoneopia authorized representative
has been advised of the possibility of such damages. Applicable law
may not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply
to you. No advice or information, whether written or oral, obtained by
you from Phoneopia or from or through the site shall create any warranty
not expressly stated in the terms of use. In no event shall Phoneopia's
total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including, but not limited to, negligence) or
otherwise) exceed the amount paid by you, if any, for purchasing any
materials or products.
Term of Use
The license for use of the Site and the Materials is effective until
terminated. You may terminate it at any time by destroying the Materials
together with all copies thereof. This license will terminate upon
conditions set forth elsewhere within this Terms of Use or if you fail to
comply with any term or condition of this Terms of Use. In such event, no
notice shall be required by Phoneopia to effect such termination. Upon
termination of this Terms of Use, you agree to destroy the Materials
together with all backup copies, modifications, printed or written
materials, and merged portions in any form, or return same to Phoneopia at
your expense.
Online Behavior
Please exercise respect when participating in any of Phoneopia's community
features now and in the future, such as Bulletin Boards, Chat Rooms, Email
functions, Forums, Blogs etc. ("User Materials"). You may not submit or
publish through Phoneopia any User Materials that are abusive, defamatory,
illegal, libelous, obscene, offensive, pornographic, an invasion of
privacy, or racist. Such activity is an infringement on any intellectual
property rights of a third party or would otherwise violate the rights of
any third party. Furthermore, you may not submit or publish User Materials
through Phoneopia that solicit funds or services, contain advertising or
include programs that contain viruses or any other programs designed to
impair the functionality of any computer.
Phoneopia does not monitor the contents of any community features and
cannot be held responsible for the User Materials. Therefore, we apologize
in advance for any offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by the Additional
Terms, if, at any time you upload or post User Materials, including but
not limited to comments, suggestions, problem reports, bug reports and
design ideas to the Site you automatically grant Phoneopia a
non-exclusive, royalty-free, perpetual license of all rights throughout
the universe to use, edit, modify, include, incorporate, adapt, record and
reproduce the User Materials including, without limitation, all trademarks
associated therewith, in any manner whatsoever, in or out-of-context, in
all languages, in all media now known and hereafter devised, and to use
the User Materials in advertising, promotion and publicity for the Site,
Phoneopia and its or their products and services, in any and all media now
known or hereafter devised. In addition, you represent and warrant
that you are entitled to enter into these Terms of Use and that you waive
any so-called "moral rights" in and to the User Materials.
Submissions
Certain parts of the Site may ask for written suggestions or problem
reports such as using our contact form or problem report form
("Submissions"). In such a case, please read carefully the specific
terms, which govern those Submissions ("Additional Terms"). In the
absence of Additional Terms, the Phoneopia Terms of Use shall govern your
legal rights with respect to those Submissions.
The Submissions shall be deemed the property of Phoneopia. Phoneopia shall
exclusively own all now known or hereafter existing rights to the
Submissions throughout the universe in perpetuity and shall be entitled to
use the Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions. In any event, any
Submissions you send to Phoneopia will not be treated as confidential and
Phoneopia shall not be liable for any disclosure of the Submissions.
Accounts and Security
Phoneopia does not warrant that the functions contained in the service
provided by the Site will be uninterrupted or error-free, that defects
will be corrected or that this service or the server that makes it
available will be free of viruses or other harmful components.
As part of the registration process, each Patron will select a password
("Password") and User Name ("User Name"). You shall provide Phoneopia with
accurate, complete, and updated Account information. Failure to do so
shall constitute a breach of this Terms of Use, which may result in
immediate termination of your Account. You may not: (1) select or use a
User Name of another person with the intent to impersonate that person;
(2) use a name subject to the rights of any other person without
authorization; or (3) use a User Name that Phoneopia, in its sole
discretion, deems inappropriate or offensive.
You shall notify Phoneopia of any known or suspected unauthorized use(s)
of your Account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password. You shall be
responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your Account, at Phoneopia's sole discretion, and you may
be reported to appropriate law-enforcement agencies.
Phoneopia reserves the right to terminate
your account if you in any manner use language written or oral which
reasonably implies as a threat against Phoneopia in any manner. The mode
of such communication by you may be any written or oral mode.
Notification of Copyright Infringement Phoneopia will investigate notices
of copyright infringement and unlawful trademark use and take appropriate
actions. If you believe that your work has been used or copied in a way
that constitutes copyright
infringement and such infringement is occurring on this Site or on sites
linked to from this Site, please notify Phoneopia.
Pursuant to Title 17, United States Code, Section 512(c)(3), a
notification of claimed infringement must be a written communication
addressed to the designated agent as set forth below, and must include
substantially all of the following:
a physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have been
infringed; a description of the copyrighted work or works that you claim
have been infringed ("infringed work") and identification of what material
in such work(s) is claimed to be infringing ("infringing work") and which
you request to be removed or access to which is to be disabled; a
description of where the material that you claim is infringing is located
on the Site; information sufficient to permit Phoneopia to contact you,
such as your physical address, telephone number, and email address; a
statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law; a statement by
you that the information in your Notice is accurate and, under
penalty of perjury that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Administrative Documentation Jurisdictional Issues This Site is controlled
and operated by Phoneopia. Phoneopia makes no representation that
materials in the Site are appropriate or available for use in your
location. Those who choose to access this Site from any location do so on
their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold Phoneopia, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content
you submit, post to or transmit through the Site, your use of the Site,
your connection to the Site, your violation of the Terms of Use, or your
violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and Phoneopia agree that all matters relating
to your access to, or use of, this Site shall be governed by and construed
in accordance with the laws of United States of America, without giving
effect to any principles of conflicts of law.
Trademarks
Phoneopia logo, brand and other marks indicated on our site are trademarks
of Super Technologies, Inc. Phoneopia is registered in the United States
Patent and Trademark Office.
Copyright
All content and compilation of content included on Phoneopia's website,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads and service, is the property of Super Technologies, Inc and is
protected by United States and international copyright laws.
If you have any questions or concerns about this Terms of Use or any
issues raised in this Terms of Use or on the Site, please contact us at:
care[at]phoneopia.com
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