This agreement ("Agreement") is between Times Telecom
Inc. (“Company”) and the user ("you, "user" or "Subscriber")
of the Company's voipRocks software and corresponding PC and web-based
telephone service ("Service"). The following terms and
conditions govern the Company's website and the software and services
made available on the website. By visiting our website and/or
using any of our software or services, you agree to be bound by
these Terms & Conditions. When you use a specific the Company
service or item of software available from this website, you will
also be subject to all posted agreements applicable to such individual
services or items of software. the Company reserves the right
to change these Terms & Conditions or its other posted agreements
at any time and to notify you by posting an updated version on
this website.
the Company does not target services to individuals less
than age 13. Individuals less than 13 years of age are not
eligible to register or to initiate our services. Please
register after you have reached age 13.
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Content (including but not limited to text, software, music,
sound, photographs, video, graphics or other material) contained
on the Company's website, in sponsor advertisements or in
email-distributed by the Company is protected by copyright,
trademark, service mark, patent or other proprietary rights,
laws and treaties. Except as otherwise provided by law or
expressly permitted herein, you may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute in any
way content available through the website or the services.
You understand that neither the Company nor its network
services supplier is responsible for the content of the
transmissions sent by third parties that may pass through
the Internet and/or the services. All trademarks, service
marks and trade names used on or in connection with the
site and the services are proprietary to the Company and/or
to their respective owners.
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The software made available through this site is the copyrighted
material of the Company and its third party suppliers. If
the Company provides any software to you in connection with
the services, the Company grants you a personal, non-exclusive,
non-transferable license for the duration of your use of
the services to install and use such software in object
code form only on one piece of hardware for the sole purpose
of enabling the services. You may not copy, distribute,
reverse engineer, decompile, disassemble or otherwise reduce
to human readable form any software provided by the Company
in connection with the services.
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You agree to indemnify and hold the Company, its affiliates,
officers, directors, employees, and network services suppliers
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the services provided by
the Company.
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YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY / 911 CALLS ARE
NOT INTENDED TO BE CARRIED BY THE SOFTWARE OR SERVICES AND
THAT NEITHER the Company, ITS EMPLOYEES, AGENTS, AFFILIATES,
NOR ITS NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE
FOR SUCH CALLS OR FOR YOUR FAILURE TO COMPLETE SUCH CALLS
USING THE SOFTWARE OR SERVICES.
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The Company website and the services the Company provides
may include information and links to content from third
parties. Inclusion of such information and links does not
signify the Company's endorsement of the information or
third party. Any dealings with third party advertisers found
on the website, including purchase and payment for goods
and services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and the advertiser. The Company shall not be
responsible or liable for any such dealings or as a result
of the presence of such advertisers on the website.
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TIMES TELECOM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES.
TIMES TELECOM IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION,
PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED
BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT
ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE
CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE AND SERVICES TIMES TELECOM PROVIDES THROUGH
THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW TIMES TELECOM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. TIMES TELECOM DOES NOT REPRESENT
OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMES TELECOM
DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE
WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY,
RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL TIMES TELECOM BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE OR
SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU
SPECIFICALLY AGREE THAT TIMES TELECOM IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE,
A SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE,
OR WITH ANY OF TIMES TELECOM'S TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE
WEBSITE AND/OR USING ANY OF TIMES TELECOM'S SOFTWARE AND/OR
SERVICES.
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Software and accompanying documentation are "commercial
computer Software" and "commercial computer Software
documentation", respectively, under DFAR Section 227.7202
and FAR Section 12.212 (CFR Title 48). Any use, reproduction,
modification or disclosure of the Software and/or Software
documentation by the US government will be governed solely
by these Terms and Conditions and is prohibited unless expressly
permitted by these Terms and Conditions.
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These Terms and Conditions shall be governed by and construed
in accordance with the laws of British Columbia, Canada.
You and the Company agree to submit to the exclusive jurisdiction
of the courts of British Columbia, Canada. If any provision
of these Terms and Conditions is held by a court of competent
jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the
intentions of the parties, with the other provisions remaining
in full force and effect.
The Company's failure to exercise or enforce any right
or provision of these Terms & Conditions shall not
constitute a waiver of such right or provision unless acknowledged
and agreed to by the Company in writing.
You and the Company agree that any cause of action arising
out of or related to the software or a service must commence
within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
The section titles in these
terms and conditions are solely for the convenience of the
parties and have no legal or contractual significance.
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The Company may terminate any or all of the services or
the right to use software with or without cause at any time
and effective immediately. In addition, the Company, in
its sole discretion, may terminate your voipRocks account
or any other account for violation of the letter or spirit
of these Terms & Conditions.