By purchasing 1st-Card.com virtual calling card,
you indicate that you understand and agree to our Terms and Conditions
as follows:
This Agreement describes the terms and conditions applicable to
your use of all services ("Services") at 1st-Card.com
web site ("Web Site").
You acknowledge that you have read, understood, and agree to be
bound by all terms and conditions of this Agreement, as well as
any additional rules or policies that are or may be published by
1st-Card.com from time to time.
This Agreement in addition to any other rules and policies, make
up the complete and exclusive agreement between you and 1st-Card.com
regarding your use of the Services, and supersede and govern all
prior proposals, agreements, or other communications. We may amend
this Agreement at any time by posting the amended terms on the Site.
Unless otherwise stated, all amendments will be effective immediately
upon posting on the Site. This Agreement may not be otherwise amended
except in a writing signed by both parties.
Your use of the Web Site and Services shall constitute your acceptance
of any amendments to this Agreement as well as additional rules
or policies that are or may be published by 1st-Card.com,
each with the new modifications. If you do not agree to any of such
changes, you may request that your membership be cancelled.
On occasions, 1st-Card.com will send you information about
our promotions or news updates. Users have these opportunity to
opt-out from receiving these notifications.
You acknowledge and agree that such cancellation will be your exclusive
remedy and our sole liability if you do not wish to abide by any
changes to this Agreement or any additional rules or policies that
are or may be published by 1st-Card.com
Membership Eligibility.
Our Services are only available to individuals who can form legally
binding contracts under applicable law. Our Services are not available
to minors under the age of 18 under any circumstances. If you do
not wish to use our Services, please do not use the Web Site. 1st-Card.com
may refuse Services to anyone at anytime, at our sole discretion.
To be an eligible member of 1st-Card.com you as the user
must provide to 1st-Card.com with your legal first and last
name, billing address, city, state, country, postal code, and e-mail
address. Should you knowingly falsify any of the required information,
your account shall be terminated immediately with or without prior
notice. Certain first-time customers will be subject to verification
before the PINs (phone cards) is issued.
Fees.
There are no fees to become a member of 1st-Card.com It's
free signup and become a 1st-Card.com member. All registered
users can utilize all of the great features My Account offers at
no cost.
User Conduct.
You understand that all information, data, text, messages or other
materials, whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such content originated.
This means that you, and not 1st-Card.com, are entirely responsible
for all content that you upload, post, email, transmit or otherwise
make available via the Services. 1st-Card.com does not control
the content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
1st-Card.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Services to:
" upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
" impersonate any person or entity, including, but not limited
to, an 1st-Card.com official, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
" intentionally or unintentionally violate any applicable local,
state, national or international law, or any regulations having
the force of law;
" "stalk" or otherwise harass another User; or
" collect or store personal data about other users.
Indemnification.
You agree to release, indemnify, defend and hold harmless 1st-Card.com,
its subsidiaries, affiliates, officers, directors, employees, agents
and advisors, from and against any and all losses, liabilities,
claims (including claims without legal merit or brought in bad faith),
demands, damages, costs or expenses, causes of action, suits, proceedings,
judgments, awards, executions and liens, including reasonable attorneys'
fees and costs (whether brought by third parties or otherwise) (collectively,
"Claims") due to or arising out of your use of or conduct
on this Web Site or the service. 1st-Card.com reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to provide
indemnification for such matter.
Remedies for Misuse of Your Account.
Without limiting any other remedies, 1st-Card.com may terminate
or suspend your account and status as a Member if you misuse your
account or any services.
Accuracy of Information Submitted to 1st-Card.com
You are solemnly responsible for the truth and accuracy of all
information you provide publicly or privately to us or other Users
during the registration, or in any public message area, including
but not limited to chat, discussion forms, and your e-mail. Your
Information: (a) shall not be fraudulent; (b) shall not infringe
any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (c)
shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising; (d)
shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; (e) shall not be obscene or contain child
pornography or, if otherwise harmful to minors; (f) shall not contain
any viruses, or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; and (g)
shall not link directly or indirectly to any other site; (h) shall
not contain any item that, by paying to us the listing fee or the
final value fee, could cause us to violate any applicable law, statute,
ordinance or regulation. 1st-Card.com will only use your
information in accordance with our Privacy Policy.
Ownership of Data.
You acknowledge and agree that MasterBell.com owns all database
information, collective and similar rights, title and interests
worldwide and other proprietary information databases, and all information.
Intellectual Property.
No User shall receive any right, license or permission to use,
manipulate, reproduce any of the PayTone.com trademarks, copyrights
content, or other intellectual property rights without the prior
written permission of PayTone.com.
Breach and Failure to Perform.
Web Site reserves the right to suspend, delete, terminate any current
and future accounts by a user who violates any of the above terms
and regulations of use of the Web Site. We reserve the right to
perpetually suspend or terminate your use of our Web Site or your
status as a member, if you breach this Agreement, or if we are unable
to verify or authenticate any information you provide to us.
Representations and Warranties.
You represent that all information provided by you in connection
with your use of the Services is accurate and current. THE SERVICES
ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other legal rights
that vary from jurisdiction to jurisdiction. No Warranties. THE
SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED
WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR,
BUT WITHOUT LIMITATION, 1st-Card.com DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1st-Card.com
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF
ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED,
USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Release.
In the event that you have a dispute with a Buyer, Seller, or any
other User, you hereby acknowledge and agree to release 1st-Card.com
and its agents and employees from any claims, demands and damages
(both actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT 1st-Card.com WILL NOT BE
LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF 1st-Card.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1st-Card.com's
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU
FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Services, including, but
not limited to, your bidding on, listing, purchasing, of selling
of a Registration.
Arbitration.
Any controversy or claim arising out of or relating to this Agreement
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted
in Boston, Massachusetts by a panel of one arbitrator, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or 1st-Card.com may seek any interim
or preliminary relief from a court of competent jurisdiction in
Boston, Massachusetts necessary to protect the rights or property
of you or 1st-Card.com, pending the completion of arbitration.
General.
Your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of
America and the Commonwealth of Massachusetts, as if the Agreement
was a contract wholly entered into and wholly performed within the
Commonwealth of Massachusetts.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. On occasions,
PayTone.com will send you information about our promotions or news
updates. Users have these opportunity to opt-out from receiving
these notifications. The failure of 1st-Card.com to require your
performance of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the
waiver by 1st-Card.com of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that
any provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. 1st-Card.com will amend or
replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives
and intent of register.com as reflected in the original provision.
You acknowledge and agree that, to the extent necessary, it is your
responsibility to: (a) provide all equipment, including a computer
and modem, necessary for you to establish a connection to the Internet;
and (b) provide for your own connection to the Internet and pay
any telephone service fees associated with such connection. This
Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof.
|
Permanent
PINs
