|
IMPORTANT - READ CAREFULLY: The AdConferencing product http://www.AdConferencing.com (the "Product") is
owned
and operated by Free Conferencing Corporation, a Nevada corporation, and is provided
to you ("You") under the terms and conditions of these Free Conferencing Corporation
Terms of Service ("Terms"), which include Free Conferencing Corporation's Privacy
Policy and Registration Form that are available through the hyperlinks set forth
below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS
AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED
TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS
OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF PRODUCT. AdConferencing is a toll-based conference calling
service. It allows users from multiple locations to dial into a phone number, enter
the same access code and connect all of their phone lines. Free Conferencing Corporation
provides free use of their conferencing equipment to registered users. All callers
are individually responsible for paying any incurred long distance phone charges.
2. REGISTRATION. To use the Product, You must submit a complete AdConferencing
registration, which
is available at
http://www.AdConferencing.com, on Your behalf. As part of the registration process for the Product, You
agree to: (1) provide certain limited information about You as prompted to do so
by the Product (such information is to be current, complete and accurate) and (2)
maintain and update this information as required to keep it current, complete and
accurate. The information requested on original signup shall be referred to as registration
data ("Registration Data"). If Free Conferencing Corporation discovers that any
of Your Registration Data is inaccurate, incomplete or not current, Free Conferencing
Corporation may terminate Your right to access and receive the Product immediately
upon notice. Free Conferencing Corporation will evaluate the registration application
in good faith and will notify You in a timely manner regarding acceptance or rejection.
Free Conferencing Corporation may reject a registration application if it determines
in its sole discretion that the user is not an appropriate subscriber or user of
the Product. Free Conferencing Corporation reserves the right to refuse the Service
to any user who has canceled any number of previous Service accounts. Free Conferencing
Corporation need not provide a reason for its rejection. If Free Conferencing Corporation
rejects Your application, then You may reapply and Free Conferencing Corporation
will reconsider the application. Upon acceptance of this agreement
and completion of the registration process You will have opened an account with
Free Conferencing Corporation and will become a subscriber to the AdConferencing Service.
3. SERVICES
(a) Feedback. Free Conferencing Corporation may ask users to provide
certain information in exchange for the use of the Product. The information requested
includes call feedback, survey participation and polling conducted on the http://www.AdConferencing.com site or through call detail reports. Failure to participate
may result in Free Conferencing Corporation terminating Your right to access and
receive the Product. In addition to Your obligations to submit feedback You agree
You will not (i) submit any Feedback not based on direct experience with the product
nor (ii) attempt to manipulate the Feedback by posting Feedback more than once with
respect to a particular experience or set of related experiences (except if such
information is requested in more than one category), or (iii) by posting Feedback
from an account other than the account Free Conferencing Corporation assigned to
You.
(b) Fees. There are no fees for the Product offered to You. Free
Conferencing Corporation reserves the right to institute new charges for access
to or use of the Product at any time upon not less than thirty (30) days' notice
to You. All changes will be posted at http://www.AdConferencing.com
and such
posting shall be considered sufficient notice to You. You are responsible for regularly
reviewing pricing information so posted to obtain timely notice of such changes.
Continued use of the Product or non-termination of the Product after changes are
posted constitutes Your acceptance of the prices and/or charges as modified by the
posted changes.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation
or business entity, but You agree not to resell the use of the Product, other materials
or any information obtained by You without the express written consent of Free Conferencing
Corporation.
(b) Conduct. You are solely responsible for the content of Your transmissions
through the Product. Free Conferencing Corporation does, however, reserve the right
to take any action with respect to the Product that Free Conferencing Corporation
deems necessary or appropriate in Free Conferencing Corporation's sole discretion
if Free Conferencing Corporation believes You or Your transmissions or use of the Product
may create liability for Free Conferencing Corporation. Your use of the Product
is subject to all applicable local, state, national and international laws
and regulations (including without limitation those governing account collection,
export control, consumer protection, unfair competition, anti-discrimination or
false advertising). You agree: (1) to comply with all United States laws, rules
and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; (3) not to interfere or disrupt networks connected
to the Product; (4) not to use the Product to infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; and (5) not to transmit through the Product, through Feedback or otherwise,
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. You will not attempt
to gain unauthorized access to other computer systems and You will not interfere
with another user's use and enjoyment of the Product.
(c) Proprietary Rights. AdConferencing, Free Conferencing Corporation and the Free
Conferencing Corporation logo, and other names, logos, icons and marks identifying
Free Conferencing Corporation's products and services are trademarks of Free Conferencing
Corporation and may not be used without the prior written permission of Free Conferencing
Corporation. You may not copy, reproduce, distribute, lease, loan, rent, timeshare,
deliver or otherwise transfer, directly or indirectly, the account access granted
to You (in whole or in part) or create derivative works of this service without
expressly being authorized to do so by Free Conferencing Corporation. Further, You
may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt
to derive source code from the Product. All rights not expressly granted in these
Terms are reserved to Free Conferencing Corporation.
5. PRIVACY. Free Conferencing Corporation's use of any personal information You
provide to it is set out in Free Conferencing Corporation's current Privacy Policy.
6. MODIFICATIONS. Free Conferencing Corporation may amend these Terms at any time
by (i) posting a revised Terms of Service document on http://www.AdConferencing.com,
and/or (ii) sending information regarding the Terms amendment to the email address
You provide to Free Conferencing Corporation. You are responsible for regularly
reviewing the http://www.AdConferencing.com site to obtain timely notice of
such amendments. You manifest intent to accept these amended terms if You continue
to use Your membership account after such amended terms have been posted or information
regarding such amendment has been sent to You. Otherwise, these Terms may not be
amended except in writing signed by both parties. Further, Free Conferencing Corporation
reserves the right to modify or discontinue the Product with or without notice
to You. Free Conferencing Corporation shall not be liable to You or any third party
should Free Conferencing Corporation exercise its right to modify or discontinue
the Product.
7. PASSWORD AND SECURITY. Free Conferencing Corporation will initially generate
Your dial-in numbers, access codes and/or passwords for access to this account.
You agree to carefully safeguard all of Your account numbers. You are solely responsible
if You do not maintain the confidentiality of account information. Furthermore,
You are solely responsible for any and all activities that occur under Your account.
You agree to immediately notify Free Conferencing Corporation of any unauthorized
use of Your account or any other breach of security known to You, including if You
believe that its secure account information has been stolen or otherwise compromised.
8. TERMINATION. Free Conferencing Corporation may immediately terminate Your membership
and right to use the Product if (a) You breach these Terms; (b) Free Conferencing
Corporation is unable to verify or authenticate any information You provide to Free
Conferencing Corporation; (c) such information is inaccurate; or (d) Free Conferencing
Corporation decides, in its sole discretion, to discontinue offering the Product.
Free Conferencing Corporation shall not be liable to You or any third party for
termination of the Product. You may terminate this agreement with or without cause
at any time, effective immediately upon written notice to Free Conferencing Corporation.
Should You object to any terms and conditions of the Terms or any subsequent modifications
thereto or become dissatisfied with the Product in any way, Your sole recourse
is to immediately: (a) discontinue use of the Product; (b) terminate your membership;
and (c) notify Free Conferencing Corporation of termination. Upon termination of
membership, Your right to use the Product immediately ceases.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. FREE CONFERENCING CORPORATION
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. FREE CONFERENCING CORPORATION MAKES NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY OR ERROR FREE, NOR DOES FREE CONFERENCING CORPORATION MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY
OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION
OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREE CONFERENCING CORPORATION
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL FREE CONFERENCING CORPORATION BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, EVEN IF FREE CONFERENCING CORPORATION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FREE CONFERENCING CORPORATION'S LIABILITY TO
YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold
Free Conferencing Corporation harmless from and against any loss, cost, damages,
liability or expense arising out of or relating to (a) a third-party claim, action
or allegation of infringement based on information, data, files or other content
submitted by You; (b) any fraud or manipulation, or other breach of these Terms
by You; or (c) any third-party claim, action or allegation brought against Free
Conferencing Corporation arising out of or relating to a dispute between its users
over the terms and conditions of a contract or related to the purchase and sale
of any services.
12. GENERAL TERMS. These Terms are governed in all respects by the laws of the State
of California as such laws are applied. Both parties submit to personal jurisdiction
in California and further agree that any cause of action relating to these Terms
shall be brought in a court in Los Angeles County, California. If any provision
of this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Free Conferencing Corporation's
failure to act with respect to a breach by You does not waive Free Conferencing
Corporation's right to act with respect to subsequent or similar breaches. You may
not assign or transfer this Agreement or any rights hereunder, and any attempt to
the contrary is void. This Agreement shall inure to the benefit of and be binding
upon each party's successors and assigns. Free Conferencing Corporation shall not
be liable for any delay or failure to perform resulting directly or indirectly from
any causes beyond Free Conferencing Corporation's reasonable control. Unless otherwise
provided in this Agreement, any notice required or permitted to be given under this
Agreement shall be delivered (i) by hand; (ii) by registered or certified mail,
postage prepaid and return receipt requested to the address provided by the other
party, or to such other address as a party may designate by written notice in accordance
with this Section 12; (iii) by overnight courier or (iv) by electronic mail with
confirming letter mailed under the conditions described in (ii). Notice so given
shall be deemed effective when received, or if not received by reason of fault of
addressee, when delivered. These Terms constitute the complete and exclusive understanding
and agreement of the parties relating to the subject matter hereof and supersedes
all prior understandings, proposals, agreements, negotiations and discussions between
the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing
the Terms of Service. You must report any violations of these Terms. To do so, send
an email to fvctos@AdConferencing.com
for assistance.
|
|