These Terms of Service (this "Agreement") constitute the entire Agreement between Vumber.com, ("we" or "us") and you ("you") with respect to Vumber.com's services provided through this website (the "Services"). By subscribing to the service, you agree to be bound by this Agreement. We reserve the right to modify this Agreement at any time. Such modifications shall be effective upon posting on our website. By subscribing to the Service including any such future modifications, you agree to be bound by this and any subsequent revised Agreement posted on our website.
Upon subscription of service, we hereby grant to you a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for your non-commercial use. You shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that you have such right. The services provided by us hereunder may allow you to perform various communications functions (collectively, the "Services"). Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. We shall not have any responsibility or liability for any communications, information, content and/or materials (collectively, "Content") that you submit to the Service and you assume all such responsibility and liability. We have no obligation to monitor the Service, but we retain the right to do so, as well as to take any action to satisfy any law, governmental request, or to protect us and/or the Service. We shall have no responsibility for the transmission or deletion of your Content. We have the right to restrict termination to any telephone numbers at our sole discretion. These may include, but are not limited to certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services.
You acknowledge and understand that Vumber does NOT allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your service and devices used to access Vumber that they must access these numbers directly through a landline, IP or mobile phone. Vumber is not intended to replace your primary phone service, such as traditional landline or mobile phone. Contract Period. Services are provided on a month to month basis and can be canceled by you at the end of the current month billing period.
You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, you will abide by all rules, regulations, procedures and policies of Vumber and any policies of the networks connected to the Services. You agree to abide by all applicable local, state, national, foreign and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. Normal Use. Vumber is designed for individual use in social and business settings. Normal usage is considered less than 20 hours per account per month. Customers with continued use over 20 hours per account may be offered a different plan to fit their specific needs or other options at the sole discretion of Vumber. Customers with excessive or non-acceptable usage may have their service limited or terminated at any time at the sole discretion of Vumber.
Your monthly Vumber subscription includes calls to the 48 contiguous states (this excludes special, premium, service and non-geographic numbers). Calls to Alaska, Hawaii, U.S. Virgin Islands and Puerto Rico are not included and may incur additional charges and/or termination of your account at the discretion of Vumber.
We offer certain features to allow you to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state to state. In some states, you are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all local, state, and federal laws in any relevant jurisdiction when you use the call recording feature. You hereby release and agree to hold harmless Vumber from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using our services. We expressly disclaim all liability with respect to your recording of telephone conversations.
We will charge you the rates in effect under your plan as published on Vumber.com, plus any enhanced service charges or taxes at the time of subscription. Such rates may be updated by us from time to time and will be effective when published on Vumber.com. Some charges (such as, but not limited to, surcharges) may accumulate in your account before you are charged for such amounts, or such amounts may be charged to you as assessed. Your billing cycle starts on the day the subscription purchase is successfully processed. Subscriber agrees that all payments will be made to us via credit or debit card, issued by a US bank, including MasterCard, VISA, American Express, or Discover. We may change the credit cards accepted at any time, at our sole discretion. Your name and address as it appears on your account must also be on the credit account from which Payment is made. If you provide a credit card number that we accept for payment of your monthly bill, you are authorizing us to charge the amounts you owe, then or later, to that credit card account and to demand immediate payment from the card issuer. Every time you use our Services, you re-affirm that we are authorized to charge your card. You agree to authorize us to charge purchases made online to the credit card account supplied to us when the subscription was initiated, or the card that we have on file when the purchase is made. You agree to pay all costs and expenses, including without limitation attorney's fees, incurred us to collect any monies due under terms of this Agreement.
We shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. You may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by us.
In registering for the Service, you agree to provide and maintain accurate and complete information about yourself. In registering, you will designate a phone number or phone numbers and password and are responsible for maintaining the confidentiality of these items. If you provide data that is, or that we suspect to be, false, inaccurate, incomplete or not current, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. You agree to enter registered private telephone numbers that are controlled by or under the common control of you. If we find any registered private telephone information that we suspects to be, false, inaccurate, not current or otherwise not under the control of you, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. We respect your privacy. Please refer to the Vumber Privacy Policy for more details. This policy, which may be updated from time to time by Vumber at its discretion, is incorporated into these terms and conditions by this reference.
During the term of this Agreement, we may modify or discontinue the Services at any time and with or without notice to Subscriber. You agree that we shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, data or information as a result of, or arising out of, administration of the Services, whether or not you are given prior notice thereof. You are responsible for creating a back-up copy of any important or critical information that is stored on the Services. We shall not be responsible or liable in any way for any information or data loss in connection with the Services. Number porting. Vumber does not support number porting. If you cancel your service, your old number may be made available to other customers after a cooling off period.
To maintain or improve the Services, to prevent fraud, or for any other reason determined us, at our sole discretion, we may restrict, suspend, terminate or modify your service with or without notice. Upon any termination in accordance with the foregoing, we may immediately deactivate or delete your account and all related information and files in your account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or Services. We shall not be liable to you or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.
You agree to defend, indemnify and hold harmless us, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to your use of the Service, your violation of this Agreement or your communication of any Content on or through the Service.
DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY REGARDING CONTENT OR ACCESS TO THE SERVICE, AND ANY WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE OR THE CONTENT WHETHER ARISING AT LAW OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The laws of the state of New York, excluding its conflicts-of-law provisions, shall govern the interpretation and enforcement of this Agreement. You expressly agree that exclusive jurisdiction and venue for any claim or dispute relating to your use of the Service shall be in the state and federal courts of New York (Manhattan) County, New York. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement or any of your rights or obligations hereunder and any attempt to do so is null and void. References herein to "including" shall mean "including without limitation.
