VoIP Ranks Terms Of Use | VoIPRanks.com

1. Introduction

Welcome to http://voipranks.com(the "website"). The website is owned and operated by DBA EyeCatch Solutions(the "company"). The company and all entities that control, are controlled by, or are affiliated or under common control by the company, are collectively referred to herein as "we", "us", or "our". "You", or "Your", refers to you, a registered user of our site.

Please read the Terms of Service very carefully. This is a legal agreement("agreement") between you, and the company. By clicking on the "Agree" button, or clicking on anyof the links to third-party services, you are agreeing to be bound by, and are becoming a party to, this agreement. If you do not agree to the terms of this agreement, do not click on the "agree" button and discontinue your registration to use this website. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Agreement at any time in accordance with the procedures set forth in Section 11 and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.

2. Privacy

Please review our Privacy Policy, which also governs your svisit to the Website, to understand our privacy practices. The terms and condition of our Privacy Policy are incorporated herein and made a part of this Agreement.

3. Consideration

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, the mutual promises herein, your use of the Website and receipt of data, materials, and information available at or through the Website.

3. Restrictions on Use of Materials

The content, organization, graphics, design, compilation, and other matter related to the Website are protected under applicable international copyright, trademark, and other proprietary(including but not limited to intellectual property) rights. All information, content, and materials contained on the Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We exclusively own all worldwide right, title, and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel", compilations, magnetic translations, digital conversions, and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.

No information, content or material from the Website or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, non-commercial home use only, provided that; (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content, or material in a manner that suggests an association with any of our products, servies, or brands, and (d) you do not download information, content, or materials so as to avoid future downloads from the Website. The use of any information, content, or materials on the Website on any other website or computer environment is prohibited.

5. Submissions

Please review our Submissions Policy, which governs any material you submit to the Website, to understand our submission practices. THe terms and conditions of our Submission Policy are incorporated herein and made a part of this Agreement.

By using the Website, you will be able to submit, post or otherwise send us certain material such as data, testimonials, reviews, product information, text, messages, files, images, photographs, videos, audiovisual works, sound recordings, postings, your and/or other persons names, likenesses, voices, usernames, profiles, actions, appearances, performances, and/or other biographical information or material, and any other materials(collectively known as "Submissions"). We(and our licensees, distributors, agents, representatives, and other authorized users) shall be entitled to unrestrcited use of such Submissions for any purpose whatsoever, commercial, or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. You hereby represent and warrant that you are the author of all Submissions and that you have the unrestricted right to grant us(and our licensees, distributors, agents, representatives and other authorized users) the right to use as contemplated herein. No submission shall be subject to any obligation of confidentiality on our part and we shall not be liable to you or others for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us(and our licensees, distributors, agents, representatives and other authorized users) without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully paid, royalty free, suub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, commenton, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now know or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade, or commercial purposes, all without further notice to you and with or without attribution(the "Submission License"). You agree to the foregoing grant of rights, consents, agreements, and assignments whether or not your submission are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignements, and waivers set forth in the Terms of Service, including, but not limited to, the Submission license.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in anay way. To the extenet any "moral rights", "ancillary rights", or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives, and any other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Submissions. Without limiting the scope of the Submission License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submission, you hereby ratify any prior grant of rights, consents, agreements, assignments, and waivers made by you with respect to Submissions submitted by you to us.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infirngement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest, a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located on the Website, your address, telephone number, and email address, a written statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law, a statement by you, made under penalty of perjury, that the above information in you notice is accurate and tha tyou are the copyright owner or authorized to act on the copyright owner;s behalf.

6. Content Linking To The Website

You should be aware that when you are on the Website, you could be directed to other sites that are beyond our control. This includes links from affiliates and content partners that may use our logo(s) as part of our co-branding relationship. You acknowledge that when you click on a link that leaves the Website, the website you will link to is not controlled by us and different terms of service and privacy policies may apply. By clicking on the links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third party sites to the Website, although we are under no obligation to do so. You agree that your use of such other sites linked from the Website is solely at you own rish and any concerns regarding such links should be directed to the particular affiliates and content provider to which we may link.

The provision of a link by us to all other websites is done so as a convenience to users of our website, and not in any way, suggest endorsement of any kind whatsoever, by us or of any affilaite relationship, explicit, or implied. We are not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.

7. Product and Services Information

The Company attempts to be accurate in describing its products and services. We do not warrant the product and service descriptions or other content of this Website or any other Company websites are complete, reliable, current, or error-free.

8. Disclaimer

All information, content, materials, and services on the Website, including, but not limited to, information regarding any and all products or services that you license, use or purchase from a third-party website that links to or from the Website or third-party information, content or materials contained on our website, are provided "as is" and "as available" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose and non-infringement with respect to all such material, the website and the services provided through the Website. We do not warrant that the functions contained in information, content, and materials on the Website(including, without limitation, submissions of others) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such information, content, and material available are free of viruses or other harmful components. Moreover, except as otherwise provided for, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any information, content, material, products or services contained on or offered, made available through, or otherwise related in any way to the website, including without limitation, any third-party sites or services linked to or from the website in terms of their correctness, accuracy, completeness, reliability, safety or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We cannot ensure that you will be satisfied with any products or services that you license, use or purchase from a third-party website that links to or from the Website or third-party information, content or materials contained on our Website. We do not endorse any of the merchandise, nor have we taken steps to confirm the accuracy, completeness, or reliability of , any of the information, content or materials contained on any third-party website. We do not make any representations or warranties as to the security of any information, content or materials(including, without limitations, credit card and other personal information) you might be requested to give to any third-party.

You hereby completely and irrevocably release and forever discharge us from and waive any claim, demand, right, causes of action, rights of action, losses, damages, costs, fees(inlcuding without limitation all attorneys and experts fees), expenses, charges and debts of each and every kind or nature whatsoever, liens, and remedies of each and every kind or nature whatsoever, whether the same or any of the same is at alw, in equity, or otherwise, known or unknown, whehter arising prior to or following the date you accpet this Agreement, you have or may have against us with respect to the Website, information, content and materials contained on the Website(including, without limitation, Submissions of others), on thrid-party websites, and any information, content and materials you provide to such thrid-party websites(including, without limitation, credit card and other personal information), and any products or services that you license, use or purchase from a thrid-party website that links to or from the Website. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

9. Indemnification

You hereby agree to indemnify, defend(with counsel reasonably acceptable to us), and hold us, our lincensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities resepctive resellers, distributors, service providers and suppliers, and all of the foregoing entities resepctive officers, directors, owners, employees, agents, representatives and assigns(collectively known as the "Indemnified Parties") harmless from and against any and all loses, damages, liabilities and costs(including, without limitation, settlemetn costs and any legal or other fees and expenses for investigating or defending any actions or thhreatened actions) incurred by the Indmenified Parties in connection with any claim arising out of (I) your use of the Website; or (II) any breach by you of these Terms of Service, inlcuding, but not limited to, any third party claims arising with respect to our use of Submissions you submit, post or otherwise send us. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ seperate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including, without limitation, lost profits, personal injury(including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Website or content, materials or functions on any such website, or (b) the conduct or actions whether online or offline, of any user of the site or any other person or entity, or (c) the use, or inability to use, or the results acheived from the use of, any products or services that you license, use or purchase from a third-party website that links to or from the Website, even if we have been advised of the possibility of such damages. In no event shalll our total liability to you for all damages, losses, and causes of action, whether in contract tort(including, but not limited to, negligence) or otherwise exceed the amount paid by you, if any, or $75(whichever is less) for accessing or participating in any activity related to the Website.

Moreover, under no circumstances shall we, our licensors and licensees, or any of the foregoing entities respective resellers, distributors, service providers and suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of us or our licensors and licensees, or any of the foregoing entities respective resellers, distributors, service providers and suppliers.

You furhter acknowledge and agree that neither we, our licensors and licensees, nor any of the foregoing entities respective resellers, ditributors, service providers and suppliers are responsible or liable for (I) any incompatibility between the website and any website, service, software or hardware or (II) any delays or failures you may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.

We may investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitations, removing the offending communication from the website and terminating the membership of such violators.

11. Termination

These terms of service are effective until terminated by either us or you. You may terminate these terms of service at any time by discontinuing use of the website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise. In the even that you terminate these Terms of Service, you agree to notify us of such termination by sending notice of such termination to: contact@voipranks.com

We may immediately terminate these terms of Service(including your access to the Website) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Website and destroy all materials obtained from the website and all copise thereof, whether made under these terms of Service or otherwise.

We have implemented a policy that provides for the termination, in appropriate circumstances, of users who are infringers of the copyright or any other intellectual property or privacy right of third persons.

The provisions of these Terms of Service, which by their nature should survive the termination of these Terms of Service, shall so survive such termination.

12. Micellaneous Legal Provisions

The Company may discontinue this Website at any time and for any reason, without notice. The Company may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Service or your use of the Website. Nothing contained in these Terms of Service is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirments relating to your use of the Website or information provided to or gatherd byt the Company with respect to such use. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and record origianlly generated and maintained in printed form.

the failure of the Company to enforce any provisions of these Terms of Service or respond to a breach by you or other parties shall not waive its rights to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of teh original provision.

These Terms of Service constitute the entire and final agreement regarding the Website and its content, and supersede any prior or contemporaneous communication between the Company and you regarding the Website and you.

All rights not expressly granted herein are hereby reserved to the Company.

13. Authority

If you are entering this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your repsective company to all the terms and conditions of this Agreement.

Selecting "Agree", or clicking on the links contained on the Website, will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these Terms of Service in order to create and account and use the Website.

Created March 11, 2010

For further information or questions regarding the Terms of Service and Privacy Policy, please contact us at contact@voipranks.com