Terms of Use

Call Names Terms of Use Updated: June 9, 2011
 
These Terms of Use ( “Terms of Use or “TOU”) govern your access and use of our website (“Website”), services (“Services”) and related software (“Software”) provided by Mnemonic Technologies, LLC (“we” or “us”) which will enable you to select a CallName (“CallName”), a friendly name associated with one or more of your telephone numbers.  The Website, Services and Software are collectively referenced in the TOU as the “Application”.
 
  1. Introduction
     

    By submitting an account registration for a CallName, or by using accessing, downloading, installing or using any portion of the Application, you agree to be bound by and comply with each of the terms of the TOU.

     

    We may revise the TOU in whole or in part at any time without prior notice, which will be effective upon your first access, download, installation or use of any portion of the Application after the effective date of the revised TOU. The current version of the TOU may be viewed at http://www.callnames.com/terms-of-use. Although we do not currently charge subscription, licensing or other fees to access or use the Application, we reserve the right to do so in the future.

     

    Note: This TOU applies to all related agreements referenced in the TOU, except as otherwise indicated. This TOU also applies to all supplements and upgrades to the Application, unless the supplement or upgrade is accompanied by separate terms of use, in which case the accompanying terms will apply.

     

    By submitting an account registration for a Call Name, you represent and warrant that:

    • If you are submitting the registration solely on your own behalf, you are at least 13 years old, or if you are submitting the registration on behalf of an organization, you are at least 18 years old and are authorized to make legally binding agreements on behalf of the organization

       
    • All information in your registration is true, complete and correct, and To the best of your knowledge after reasonable investigation, the CallName you are requesting is not the same or substantially similar to any trademark, trade name, website address or other business or proprietary identifier owned or commonly used by a third party or by us.

       
  2. Terms of Use
     
    • Scope. Upon approval of your account registration and during the term of your subscription, you will have a personal, non-transferable right and license to (i) download install the Software on one or more mobile devices solely for use in connection with the Services, and (ii) access and use Services solely through the Website and/or through the Software as installed on the mobile device and solely in a manner consistent with the TOU and applicable law. Except as expressly permitted by the TOU, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Application or any supplements or updates (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation the terms of the TOU and our legal rights, and may subject you to damages and/or prosecution.

       
    • Account information, Personal Information; Technical Data. You agree that we may collect, compile, use, publish and share your personal information in the manner described in our Privacy Policy (http://www.callnames.com/privacy-policy), which we may update from time to time. Please note, however, that telephone numbers associated with your CallName may appear on a device, in calling records and/or in the directory of users that have downloaded the CallName directory and/or have called or attempted to call you through your CallName.

       

      You also agree that we may collect and use technical data and related information from your access to and use of the Application, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

       
    • Suspension and Termination. Your right to access and use the Application is effective from approval of your account registration until suspended or terminated by you or by us.

       

      We may suspend or terminate your account in whole or in part, without notice, if you fail to comply with any term(s) of this TOU. We also have the right (but not the obligation) to suspend or terminate your use of a CallName at any time if we become aware or in our sole opinion believe that the CallName you selected (i) is the same or substantially similar to a trademark, trade name, website address or other business or proprietary identifier owned or commonly used by a third party or by us, or (ii) may violate other intellectual property or other rights owned or claimed by any third party or by us, or (iii) may be offensive, indecent, or objectionable to us or to others, or if there is any other reason we consider to be reasonable, prudent or desirable under the circumstances.

       

      Upon termination of your account, you must cease all access and use of the Application, including your CallName and the CallName directory.

       
    • Third Party Services. Access to and use of the Application requires Internet, wireless and/or cellular phone service provided by independent third parties. In addition, the Application may include links to third party web services and web sites. We assume no responsibility whatsoever for services or content provided by third parties.

       
    • Intellectual Property. You agree that the Application contains proprietary content (such as CallName directories and databases), software and other information and materials that are protected by applicable intellectual property and other laws, including but not limited to trade secret and copyright laws. You will not use our proprietary content, software or other information or materials in any way whatsoever except as expressly permitted under the TOU or otherwise by us in writing. You may not copy, modify, rent, lease, loan, sell, distribute, create derivative works or prepare benchmarks against any portion of the Application, in any form or in any manner. You also may not access, use or disclose information about the Application in any in any manner inconsistent with the TOU or applicable law, including but not limited to, unauthorized access or use of account passwords, profile or financial information. You also may not access or use the Application for any purpose prohibited by applicable law, such as, but not limited to, harassment, abuse, stalking, threatening, defaming, impersonating, misidentifying or misdirecting, or otherwise violating the rights or privacy of others.

       
    • NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AND COST OF ANY REPAIR, CORRECTION OR MITIGATION OF DAMAGES WHICH MAY BE CAUSED IN WHOLE OR IN PART BY THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

       
    • LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, OR DAMAGES FOR PERSONAL INJURY OR LOSS OF PRIVACY OR OTHER PERSONAL LIBERTIES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, WILL OUR AGGREGATE LIABILITY TO YOU AND YOUR EMPLOYEES, AGENTS, SUPPLIERS OR OTHERS FOR LOSS OR OTHER DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID US IN THE TWELVE CALENDAR MONTHS PRIOR TO THE DATE OF THE MOST RECENT EVENT GIVING RISE TO A CLAIM, IF ANY, OR (B) FIFTY DOLLARS (US$50.00). YOU AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

       
    • Indemnification. You agree to defend, indemnify and hold us (and our employees, agents and others) harmless from and against any allegations, investigations, demands, causes of action and other claims arising from breach or alleged breach of your representations, warranties or obligations under the TOU. You also agree that you are primarily responsible to pay promptly all damages, liabilities, judgments, costs and expenses (including attorneys’ fees and court costs) and other losses that we may incur in connection with claims described above.

       
    • Export Control. You may not use or otherwise export or re-export the Application Software except as authorized by United States law and the laws of the jurisdiction in which the Application Software was obtained. In particular, but without limitation, the Application Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that you are not located in any such country or on any such list.

       
    • Choice of Law; Jurisdiction and Venue. The laws of the State of Washington, excluding its conflicts of law rules, govern this TOU and your use of the Application. You agree and consent to the exclusive jurisdiction and venue of any federal or state court located in the Western District of State of Washington for all disputes arising out of or relating to the TOU (including access and use of the Application). Upon our written request, you agree to engage in good faith discussions between senior executives (Vice President or above) to attempt to resolve the dispute in an amicable manner.

       
    • Reservation of Rights. We reserve all rights not expressly granted under the TOU.

       
    • Survival. Sections d, e, f, g, h, i, j and k survive expiration or termination of your rights under the TOU.

       
 
201106091700