Terms and Conditions

LAST UPDATED: 10 January 2012

Welcome to CallWith.me (including any subdomains of this site or other sites owned by or operated on behalf of CallWith.me, the “Site”). This Site is owned and operated by CallWith.me. (“us”, “we” and “our”). The terms and conditions below (the “Agreement”) govern your use of this Site.
Please read these carefully before using this Site, and check them periodically for changes.

ACCEPTANCE OF TERMS
In addition to any agreement that you or your company has with CallWith.Me for the use of our services (“Agreement”), the services that CallWith.Me provides to you and your company are subject to the following Terms of Service (“TOS”). CallWith.Me reserves the right to update the TOS at any time without notice. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web pages. Any changes to the TOS will be effective immediately upon posting on the CallWith.Me website and you and your company agree to the TOS by continuing the use of the Services (as defined below).

DESCRIPTION OF SERVICES
As our customer, CallWith.Me provides you or your company with access to a variety of software and services as well as information on our website (collectively, “Services”). All these Services are subject to the TOS, as revised from time to time.

RIGHTS IN SERVICES
CallWith.Me and its suppliers are the sole owners of all the intellectual property and in particular the copyright, trademarks, trade secrets, database and patents, in the Services. CallWith.Me shall retain all ownership in and to Services and, subject to the Agreement, all data transferred or received through the Services.
Use of the Services is governed by the applicable Agreement and this TOS. You and your company shall not use the Services or CallWith.Me’s intellectual property except as specifically authorized under your Agreement and this TOS. Without limiting the foregoing, except as expressly authorized by applicable law or your Agreement, you and your company shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services. In addition, you and your company shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of CallWith.Me or take any other action which infringes or impairs CallWith.Me’s trademark rights.
Any reproduction, redistribution or use of the Services not in accordance with the Agreement and this TOUS is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

REGISTRATION
Since some parts of the Service require you or your company to register, you and your company must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You and your company are entirely responsible for any and all activities that occur under your account.

NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Service, you and your company shall not use the Service for any purpose that is unlawful or prohibited by the Agreement or this TOS or that could create liability for CallWith.Me. You and your company must not use the Service in any manner that could damage, disable, overburden, or impair any CallWith.Me server, or the network(s) connected to any CallWith.Me server, or interfere with any other party’s use and enjoyment of any Service. You and your company shall not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any CallWith.Me server or to any of the Services, through hacking, password mining or any other means. You and your company shall not operate robots or spiders to scan CallWith.Me’s databases.

COMPANY’S COMPLIANCE WITH LAWS
As a condition of using the Service, you and your company shall (a) as required by applicable law, provide notice to your customers and obtain consent if required for use of CallWith.Me’s Service, in your privacy policy and as otherwise required; (b) be responsible for your employees and agents that use the Service provided by CallWith.Me; (c) comply with any limitations or restrictions set forth in these TOS and the Agreement, and (d) use the Service only in compliance with applicable law.

MISUSE OF COMMUNICATIONS
The Service contain message and communication facilities designed to enable you or your company to communicate with others. You and your company agree to use the Service only to communicate between you and your users or among your users themselves and material that are proper and permitted by applicable law. By way of example, and not as a limitation, you agree that when using the Service, you and your company will not:

  • Violate any law, statute, ordinance or regulation, any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
  • Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of CallWith.Me systems.
  • Use the Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
  • Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong, e.g. insider trading information about a company or proprietary or confidential information of a third party
  • Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
  • Send, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you or your company own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
  • Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government.

MONITORING OF THE SERVICE
CallWith.Me has no obligation to monitor the Service. However, CallWith.Me reserves the right to review materials sent through the Servics and to remove any materials in its sole discretion.
CallWith.Me does not control or endorse the content, messages or information found in any Service and, therefore, CallWith.Me specifically disclaims any liability with regard to such content, messages or information.

REMEDIES FOR MISUSE
Without limiting other remedies, CallWith.Me may limit, suspend or terminate the Service and your company’s accounts, delay or remove your company’s content, or use other technical and legal measures to stop you and your company from causing harm, if CallWith.Me believes that your company’s activities are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these TOS or CallWith.Me policies.

WARRANTY DISCLAIMERS
Except as expressly warranted in the agreement, all services are provided “as is” and CallWith.Me hereby disclaims all warranties and conditions with regard to the service, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

LIMITATION OF LIABILITY
Except as otherwise expressly stated in the agreement, in no event shall CallWith.Me or its respective suppliers be liable for any damages whatsoever arising out of or in connection with the use or performance of the services, including, but not limited to, damages for loss of use, data or profits or direct, indirect, incidental, special or consequential damages. This disclaimer of liability applies to all causes of action, whether in contract, tort (including negligence) or otherwise and regardless of whether any remedy fails of its essential purpose.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See our Privacy Policy relating to the collection and use of information in connection with the Services stated here: [LINK DO PP]

APPLICATIONS
From time to time, plug in or add-on online applications that integrate or interoperate with CallWith.Me’s Service (“Applications”) may become available. If you or your company chooses to install, access or enable an Application, you and your company agree that the third party Application provider may acquire access to your and Company’s account data and information data as required for the interoperation or integration of such Application. Accordingly, such Applications are governed by their own terms and conditions and are not considered Services under the Agreement.

TERMINATION BY YOUR COMPANY
If you or your company wishes to terminate the Service for any reason, you must comply with CallWith.Me’s cancellation procedure stated here: [LINK do kontaktne forme]

TERMINATION BY LIVEPERSON
CallWith.Me reserves the right to terminate your access to any or all of the Service at any time, without notice, for any reason whatsoever.

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