Description of Services

Thank you for using Phoniƒied Software, and Services. By accessing, browsing, or using the Web Site or using Phoniƒied Software and Services, you agree to be bound by the following terms and conditions ("Terms of Use").

Through its Web Site(s), Phoniƒied provides you with access to a variety of resources, including a Web Site portal ("my" pages), online store, and product information. In addition, Phoniƒied provides software that can be downloaded to a Personal Computer, Personal Digital Assistant, or Mobile Phone. The Software, Services, and Web Site, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

Use Limitations

Unless otherwise agreed to by Phoniƒied in writing, the Software, Services, and Web Site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, transfer, or sell any information, software, products or services obtained from the Software, Services, or Web Site.

You agree that you shall only use the Software, Services, and Web Site in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Software, Services, and Web Site, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

You may not use the Software, Services, or Web Site if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

Privacy and Protection of Personal Information

Privacy and Protection of Personal Information is covered by a separate Privacy Policy.

Intellectual Property Policy

This Web Site, and any software available for download from this Web Site, whether to a Personal Computer, Personal Digital Assistant, or Mobile Phone, is the copyrighted work of Phoniƒied and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE PHONIFIED SOFTWARE, SERVICES, WEB SITE AND ALL MATERIALS, INFORMATION, AND PRODUCTS INCLUDED IN THE PHONIFIED SOFTWARE, SERVICES, AND WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PHONIFIED MAKES NO EXPRESS WARRANTIES OR REPRESENTATIONS, AND PHONIFIED HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS WITH RESPECT TO PHONIFIED SOFTWARE, SERVICES, AND WEB SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

RESTRICTED RIGHTS LEGEND

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Phonified LLC, 1563 Solano Ave. #185, Berkeley, CA 94707.

Limitation of Liability

IN NO EVENT SHALL PHONIFIED HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. PHONIFIED'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, THE SERVICES, OR THIS WEB SITE SHALL NOT EXCEED A TOTAL AMOUNT EQUAL TO THE FEES PAID OR PAYABLE BY YOU FOR THE SOFTWARE OR SERVICES GIVING RISE TO SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SHALL APPLY TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE TO THE PARTIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Phoniƒied immediately of any unauthorized use of your account or any other breach of security. Phoniƒied will not be liable for any loss that you may incur as a result of someone else's using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Phoniƒied or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Phoniƒied server, or the network(s) connected to any Phoniƒied server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Phoniƒied server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Materials Provided to Phoniƒied or Posted at any Phoniƒied Web Site

Phoniƒied does not claim ownership of the materials you provide to Phoniƒied (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Phoniƒied, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Phoniƒied Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Phoniƒied is under no obligation to post or use any Submission you may provide and Phoniƒied may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Links to Third Party Sites

The Phoniƒied Web Site may include links to Web sites owned or operated by third parties (each a "Third Party Site"). If you chose to visit a Third Party Site by clicking on such link, you will be leaving the Phoniƒied Web Site. Phoniƒied is not responsible for the content of any linked site or any changes or updates to such sites. These links are provided as a convenience to you, and the inclusion of such link does not imply Phoniƒied's endorsement of the linked site.

Changes to Terms of Use

Phoniƒied reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Modification or Suspension of the Web Site

You agree that Phoniƒied may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of the Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Phoniƒied shall not be liable therefore.

International Use

You agree to comply with all applicable local laws regarding online conduct and acceptable content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Jurisdiction

These Terms of Use and any disputes arising out of or in connection with these Terms of Use ("Disputes") shall be governed by the laws of the State of California, USA, excluding its conflicts of law principles and also excluding the United Nations Convention on Contracts for the International Sale of Goods.

Severability

In the event that any provision of these Terms of Use is found invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable according to its terms. In the event of such partial invalidity, the parties shall seek in good faith to agree on replacing any such legally invalid provisions with provisions which, in effect, will most nearly and fairly approach the effect of the invalid provisions.

Entire Agreement

These Terms of Use, together with our Privacy Policy set forth the entire agreement between the parties, and supersedes all prior and contemporaneous negotiations, representations, agreements, and understandings, both oral and written, between the parties with respect to the subject matter hereof.

Copyright ©2005 - 2009 Phonified LLC. All rights reserved.