Terms of Use | WhichVoIP

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Last Updated: December 22nd, 2011

By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Use. If you do not agree to all of these Terms of Use, you may not access, view, obtain goods or services from, or otherwise use the www.whichvoip.com ("the Site")

By your use of this Site, you agree that:

  1. You have read, understood and agreed to abide by all of the Terms and Conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference;
  2. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

This Site is made available by WhichVoIP. These Terms and Conditions apply to all visits to the Site both now and in the future.

The term "User" refers to you as a "Visitor" to this Site.

COPYRIGHT/RESTRICTIONS ON USE OF MATERIAL

All items on this Site are copyrighted by www.whichvoip.com, its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. Reproduction or republication is strictly prohibited without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Other products and company names mentioned in the Site may be the trademarks of their respective owners. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of www.whichvoip.com, affiliate or any third party.

www.whichvoip.com authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Site or networked computer environment for any purpose is prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Site are trademarks or service marks of www.whichvoip.com User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Site is strictly prohibited without prior written approval by www.whichvoip.com.

ELIGIBILITY AND AUTHORIZATION

To be eligible for our Services, you must be at least 18 years old. When signing up for our Services, you authorize WhichVoIP, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.

USER NAME, ACCOUNT AND PASSWORD

When you sign up for Services from WhichVoIP, you may be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to select a password that is only known to you and is not easily identifiable to others. You are solely responsible for any and all use of your membership including maintaining the security of your password.

You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.

CLOSING YOUR ACCOUNT

You may close your Account at any time by logging in to the WhichVoIP Portal and following the instructions to cancel membership or by contacting a WhichVoIP Representative. If your account is not closed before your next billing cycle your account will be renewed. Non active account will be automatically closed after 6 months. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.

NO ENDORSEMENT

Descriptions of, or references to, products, services or publications in the Site does not imply endorsement of that product, service or publication. WhichVoIP makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.

PRODUCT REVIEWS

WhichVoIP makes no warranty that the reviews on these site are accurate or that they are based on first hand material. All content and ratings are provided on a strictly as is basis and users must use their own judgement when deciding which products to purchase.

WhichVoIP will not use or disseminate the data which users provide through this business contact form for any purpose other than arranging or otherwise facilitating the matter of user's enquiry, and in accordance with the Site Privacy Policy.

PRODUCT AVAILABILITY

The availability of the products described on this Site, and the product descriptions, may vary from country to country. Consult your WhichVoIP Sales Representative for specific product information.

TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed at an incorrect price, WhichVoIP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WhichVoIP is not responsible for typographical or photographical errors. Product descriptions are provided by the product manufacturer therefore any inaccuracy in product descriptions should be addressed with the manufacturer. WhichVoIP reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WhichVoIP shall issue a credit to your credit card account in the amount of the incorrect price.

EMAIL NEWSLETTER AND SURVEYS

WhichVoIP sends a quarterly e-newsletter that is by subscription only. The intent of this newsletter is for general interest only and may contain special offers, product reviews and VoIP industry news. The content of this newsletter is proprietary and may not be copied or reproduced without approval from WhichVoIP.

This Site may contain a survey. The survey is solely for informational purposes and primarily contains sets of 'multiple choice' questions. Participation in such surveys is voluntary.

EXCLUSION OF WARRANTY

Every reasonable effort has been made to ensure the accuracy of the information and Content on this Site. Notwithstanding the foregoing, WhichVoIP assumes no responsibility for the accuracy of the information. WhichVoIP disclaims any obligation or duty to update any information contained in this Site. Any changes will be made at WhichVoIP's sole discretion at any time without notice.

WHICHVOIP AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. WHICHVOIP AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHICHVOIP WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER WHICHVOIP NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM WHICHVOIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

WhichVoIP assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall WhichVoIP or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non performance by WhichVoIP or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

INDEMNIFICATION

User agrees to indemnify and hold harmless www.whichvoip.com, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

USER'S CODE OF BEHAVIOR

You agree not to post on the Site's public areas like chat, forums, blog etc. any content ("Content") that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. You will not post on this Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to www.whichvoip.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation. You may link to the home page of this Site; however, you may not link within this site or within frames on your site.

PROHIBITED CONTENT AND/OR ACTIVITY

You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use WhichVoIPís Services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to our DMCA Policy, which is herein incorporated by reference.

We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.

In addition you agree not to:

WhichVoIP and its affiliates do not claim ownership of the materials you provide to WhichVoIP (including reviews, feedback and suggestions) or post, upload, input or submit to any WhichVoIP or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WhichVoIP , its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. WhichVoIP is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at WhichVoIP ís sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

PARTICIPATION DISCLAIMER

WhichVoIP does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated Content on the site, WhichVoIP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Contents or activities on the site. However, WhichVoIP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to WhichVoIP in its sole discretion.

LINKS TO/FROM THIRD PARTY SITES

This Site contains links to third party sites. User accesses these sites at User's own risk; www.whichvoip.com is not responsible for the Contents, changes, updates, or other links contained in a linked site. www.whichvoip.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.whichvoip.com of the site. Any third party desiring to link to the Site must link to the Site's homepage located at www.whichvoip.com. No one may link to any other page of this Site without the prior written consent of www.whichvoip.com.

NO PARTNERSHIP OR AGENCY

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.whichvoip.com as a result of use of the Site.

PRIVACY

WhichVoIP is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. WhichVoIP does not disclose or release personal or financial information about you except what is necessary to process your request for assistance, or for validation purposes. For details, please view our Privacy Policy

Comments, suggestions or materials sent or transmitted to www.whichvoip.com (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Site, www.whichvoip.com shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.

COMPLIANCE WITH STATE AND FEDERAL LAWS

Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. WhichVoIP makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.

MISCELLANEOUS

WhichVoIP may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, WhichVoIP cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and WhichVoIP and govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Washington, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Woodinville, Washington if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

CONTACT US

If you would like to request additional information regarding these Terms of Use, please contact us.

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