TERMS OF SERVICE
THE INFINITY CALL
Terms of SERVICE v 2.0
Effective Date: 01 FEBRUARY 2017
Your acceptance of these Terms of Service with THE INFINITY CALL (“The Infinity Call”, “us”, “we” or “our” as applicable), as of the Effective Date and as modified from time to time (“Terms”), is required in order for you to access and use the “Services”, defined as the Infinity Call services as enabled by the Infinity Call website presenting these Terms (“Website”), including the functionality and Content (as defined below) The Infinity Call makes available.
If you violate any of these Terms, your permission to use the Services automatically terminates, unless such violation is waived by us in writing in our sole discretion.
You must be over 18 years of age to use the Services. You are allowed to access and use the Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws regarding minimum age requirements. You acknowledge that use of the Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator.
REGISTRATION DATA AND SIGN-ON CREDENTIALS
You will receive, or will be permitted to create, username information (“Sign-On Credentials”). If you create your own Sign-On Credentials, such Sign-On Credentials are subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason.
You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials. You shall not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You shall immediately notify us at firstname.lastname@example.org of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials.
You must us provide with accurate, complete and up-to-date information for your Sign-On Credentials and must update such information, as needed,, we may have to suspend or terminate your Sign-On Credentials.
Certain sections of this Site allow you to purchase different types of memberships online. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase membership on the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes.
You agree to only purchase membership for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
If you are not 100% satisfied with the Services purchase, you can cancel your membership at any time. You can claim a refund or change of membership up to 5 days after a charge has been made on your account. The administration costs for processing such a request amount to $10.
You agree to be solely responsible for the cancellation of your membership either via the website or by sending an email to email@example.com
Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors or inaccuracies on the Website.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
SITE AND SERVICE INTEGRITY
You shall not use the Services or engage in any activity that in any manner could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or weaknesses in the Services.
You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:
– accessing Content not intended for you, or logging onto a account that you are not authorized to access;
– attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
– interfering or attempting to interfere with Services, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
– accessing or tampering with non-public areas of the Services, our computer systems
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services are for your personal and individualized use only. Without limiting the generality of the foregoing, you shall not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content or the Services, except through or as otherwise authorized by us, and you shall not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Important Provision Concerning the Services do not constitute medical or other professional advice. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Any content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services.
DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND we ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE of the services. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM use of the services. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. Specifically, we make no warranty that:
– the Service will meet your requirements, goals or needs,
– Services access will be uninterrupted, timely, secure or error-free, or
– any errors or deficiencies will be corrected.
Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. We reserve the right to discontinue or change the Service in any way and at any time, with or without notice to you, without liability.
We do not represent or warrant that the Services are free of viruses or other harmful components and, accordingly, you should exercise caution in the use. You access Content from the Service at your own discretion and risk and you are solely responsible for your use thereof, and any damages to your computing device, and any loss of data, and any other damage or harm of any kind, that may result therefrom.
You agree to defend, indemnify, release and hold harmless us, all employees, consultants, agents, and representatives of any of the foregoing (collectively “Indemnified Parties”) from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:
– your unauthorized access to or use of, the Content and Services,
– your violation of these Terms, or
– your infringement, or infringement by any other user of your account
We may from time to time modify or discontinue, temporarily or permanently, access to the Service thereon (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension or discontinuance.
We reserve the right, in our sole discretion, to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. We may additionally terminate your account for cause, including for:
– violation of these Terms;
– abuse of Service resources or any attempt to gain unauthorized entry to the Services;
– use of the Service in a manner inconsistent with the purpose of the Services;
– your request for such termination; and
– the requirements of applicable law, regulation, court or governing agency order.
Our termination of any user’s access the Services may be effected without notice and, on such termination, we may immediately deactivate or delete any user’s account and/or bar any further access to the Services. We shall not be liable for any termination of access to the Services.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
END OF TERMS OF SERVICE