- Tilifon is a ragisterd trademark of Apadana New Technologies with an office in Dubai,UAE.
- the website located at http://www.tilifon.com or http://www.apadana.com and related URLs or subdomains (together, the "Tilifon Website"),
- any telecommunications or related services ("Tilifon Services") provided by Apadana New Technologies ( Tilifon web to Phone Services ) with an office in Dubai UAE ("Tilifon"), through the Tilifon Website, or
- any of the foregoing provided by Tilifon through, or made accessible through, a Tilifon affiliate or sales partner (a "Tilifon Affiliate").
Any of the following actions individually constitutes your agreement to be bound by these Terms of use:
- accessing any Tilifon content, materials, information, software, or services available on the Tilifon Website or a Tilifon Affiliate,
- submitting payment information to the Tilifon Website (or to a Tilifon Affiliate) for a trial offer or Tilifon Paid Services (whether to establish a user account or to add subsequent monetary credits),
- clicking "Continue" through the first screen of the user sign-up process at the Tilifon Website or any Tilifon Affiliate,
- creating a "User ID" as requested by the Tilifon Website or any Tilifon Affiliate,
- submitting a Tilifon User ID to the Tilifon Website or Tilifon Affiliate to utilize a Tilifon free trial or the Tilifon Paid Services, or
- using the Tilifon dialer or any Tilifon Paid Services.
In addition, you agree to be bound by and comply with Tilifon's Terms
of Service for any Tilifon Service which requires any form of payment or
monetary consideration to be made to Tilifon or a Tilifon Affiliate, and
such Terms of Service are incorporated by reference herein as though fully
stated herein. "Tilifon Paid Services" (as defined in the Terms of
Service) comprise a portion of the Tilifon Services and all use thereof is
subject to these Terms of use as well as the Terms of
Service.
Limitations and Conditions of Use of Tilifon
Services:
Tilifon Services are not available to all devices
which connect to the Internet. You assume all responsibility regarding the
end-user equipment and software necessary to access the Tilifon Website
and Tilifon services and assume all risk associated
therewith.
Tilifon Services are not available to be accessed from
all regions and countries of the world. Tilifon reserves the right, in its
discretion, to limit or terminate your ability to access Tilifon Services
from certain regions or countries, and you assume all risk associated with
the accessibility of Tilifon Services from any given region or country of
the world.
Tilifon Services may not allow you to reach certain
special service phone numbers such as, without limitation, directory
assistance, 900- and 976- numbers. Tilifon reserves the right to limit or
prohibit your ability to call any such numbers in its sole
discretion.
Tilifon reserves the right to enhance, add to, delete
from, modify, or discontinue all or any portion of the Tilifon Services or
any function or feature thereof in any manner in its sole discretion, with
or without notice to, or obligation or liability of any kind to you or to
any other person.
You agree to abide by all of Tilifon's use
policies, and those of any applicable Tilifon Affiliate, as in effect from
time to time, including the policies set forth herein and all updates to
such policies posted on the Tilifon Website or provided to you via e-mail.
Tilifon's use policies include the following: You (a) shall abide by all
applicable laws, rules, and regulations relating to the electronic use,
posting or transmission of content, software or other matter; and (b)
shall not (nor allow any person to) (i) use the Tilifon Services or the
Tilifon Website in any manner which is illegal, fraudulent or deceptive,
harassing, threatening, harmful, libelous, defamatory, abusive,
slanderous, hateful, sexually, racially or ethnically objectionable,
vulgar, pornographic, obscene, or otherwise objectionable or unlawful;
(ii) attempt to gain unauthorized access to the Tilifon database or other
Tilifon network or computer systems; or (iii) interfere with another's use
and enjoyment of the Tilifon Services.
Transferability and
Multiple Users:
You are permitted to allow other individuals in
your household ("Household Members") to utilize Tilifon Services under the
Tilifon account associated with your User ID (your "Tilifon Account") for
non-commercial, personal purposes, provided that you obtain the consent of
such Household Members to be bound by these Terms of use and, if
applicable the Terms of Service. You agree to indemnify and hold harmless
Tilifon and any Tilifon Affiliate and each of their officers, employees,
directors, shareholders, agents and affiliates for any loss, damage, or
claim relating to use of any Tilifon Services by your Household Members in
violation of these Terms of use and the Terms of Service.
Only one
user is allowed to be logged in and using your Tilifon Account at any
given time, thus you may not be able to access your Tilifon Account if a
Household Member is already using it. You agree to immediately notify
Tilifon of any unauthorized use of your account or any other breach of
security known to you.
Your Tilifon Account is not be transferable
in any way and may not be assigned to any third party. Tilifon, and each
Tilifon Affiliate, is providing Tilifon Services to you for internal,
personal use by you only. You may not, nor allow any other person to: (a)
resell, timeshare, sublicense, or otherwise transfer all or any portion of
the Tilifon Services to any other party; or (b) make commercial use of
Tilifon Services without the express written consent of Tilifon.
Termination:
You may cancel your Tilifon Account by
e-mailing Tilifon at customercare@Tilifon.com or the
applicable Tilifon Affiliate, which e-mail must originate from the e-mail
account you specified at the time you created your User ID, must specify
your Tilifon User ID, and must specify that you wish your Tilifon Account
terminated.
In addition to any termination rights Tilifon may have
under the Terms of Service, Tilifon (or the applicable Tilifon Affiliate)
may suspend or terminate your Tilifon Account and access to Tilifon
Services (including without limitation Tilifon Paid Services) without
notice and in its sole discretion if:
- Tilifon or such Tilifon Affiliate determine in their sole discretion to cease to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such free services; or
- Tilifon reasonably suspects fraudulent use of your Tilifon Account. Fraudulent use of an account may include but is not limited to: (a) permitting access to your Tilifon ID and password to third parties who are not your Household Members for non-commercial purposes, or (b) entering invalid or apparently invalid user information (such as anonymous "Hotmail" e-mail accounts) for your Tilifon Account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation; or
- You materially violate these Terms of use, the Terms of Service, or any rule or policy posted from time to time at the Tilifon Website or imposed by any applicable Tilifon Affiliate; or
- Any law, regulation, or governmental action renders all or any portion of the Tilifon Services (or your use of the Tilifon Services) unlawful or impracticable; or
- Your use of your Tilifon Account or the Tilifon Services impairs or threatens to impair the integrity or functionality of the Tilifon network (or that of any Tilifon partner or Tilifon Affiliate) in any manner.
Limitations of Usability and Liability:
Tilifon SERVICES
ARE NOT INTENDED FOR "MISSION CRITICAL" APPLICATIONS OR FOR USE ON
"MISSION CRITICAL" EQUIPMENT. Tilifon SERVICES, AND ALL OTHER PRODUCTS OR
SERVICES PROVIDED BY Tilifon OR A Tilifon AFFILIATE TO YOU, ARE PROVIDED
ON AN "AS IS," WHERE IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Tilifon does
not warrant that the Tilifon Services will be secure, timely,
uninterrupted or error free or that any data, content, information,
software or other material accessible on or through the Tilifon Services
or your Tilifon Account are true, accurate, or are free of viruses or
other harmful components. All use of Tilifon Services are at your own risk
and you are solely responsible for all damages resulting
therefrom.
In no event shall Tilifon, nor any Tilifon Affiliate, be
liable for (a) any damages (i) arising in connection with the fraudulent
or unlawful acts of any third party, (ii) that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in
operations or transmissions, (iii) that result from yours or any other
user's use of or inability to access your Tilifon Account or other
information or data, or (iv) that result from unauthorized access to or
alteration of your transmissions or data, (b) business interruption, (c)
loss of profits or savings, (d) loss of data, (e) the cost of procurement
of substitute goods and services, or (f) special, indirect, incidental,
punitive or consequential damages even if Tilifon has been advised of the
possibility of such damages or if such damages are foreseeable.
YOU UNDERSTAND THAT Tilifon WILL TAKE REASONABLE MEASURES TO
MAINTAIN THE PRIVACY AND SECURITY OF ALL PRIVATE INFORMATION (INCLUDING
CREDIT CARD INFORMATION) PROVIDED BY YOU TO THE Tilifon WEBSITE, BUT THAT
THIRD PARTIES (SUCH AS HACKERS) MAY BREACH OR ATTEMPT TO BREACH Tilifon'S
SECURITY MEASURES OR MAY GAIN UNAUTHORIZED ACCESS TO THE Tilifon DATABASE
OR OTHER EQUIPMENT CONTAINING YOUR INFORMATION. YOU HEREBY SPECIFICALLY
AGREE, AS PARTIAL CONSIDERATION FOR THE Tilifon SERVICES, THAT Tilifon
SHALL NOT BE LIABLE FOR DAMAGES OF ANY SORT, WHETHER ARISING UNDER
CONTRACT, TORT, OR OTHERWISE, WITH RESPECT TO ANY BREACH OF SECURITY OF
THE Tilifon WEBSITE OR ANY OTHER COMPANY EQUIPMENT OR USER
INFORMATION.
You may enter into correspondence with or participate
in promotions of sponsors marketing their products or services on or
through the Tilifon Website, a Tilifon Service, or a Tilifon Affiliate.
Notwithstanding anything herein or on the Tilifon Website to the contrary
(whether before or after you accept these Terms of use) all transactions
or correspondence, including without limitation with respect to delivery
of and payment for such goods and services, and any other terms,
conditions, warranties or representations associated therewith, are solely
between you and such sponsor, and Tilifon shall have no liability,
obligation or responsibility with respect to such
transactions.
Tilifon shall not be deemed in breach of these Terms of use, nor the Terms of Service, nor for any breach of any implied
warranty or other obligation, for any failure in performance arising in
connection with circumstances beyond its reasonable control, including,
without limitation, fire, flood, storm, strike, lockout or other labor
trouble, riot, war, rebellion, accident, or other acts of
God.
Provisions Regarding Software Available at the Tilifon
Website or a Tilifon Affiliate:
Any software or code that is
made available to download from the Tilifon Website or any Tilifon
Affiliate ("Tilifon Software") is the copyrighted work of Tilifon and/or
its suppliers. Use of the Tilifon Software is governed by these Terms of use and by the terms of any end user license agreement which accompanies
or is included with the Tilifon Software (a "License Agreement"). All
Tilifon Software is made available for downloading solely for use by end
users for use in connection with Tilifon Services and solely according to
the License Agreement. Any reproduction or redistribution of the Tilifon
Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal
penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE Tilifon SOFTWARE EXCEPT AS STRICTLY NECESSARY FOR YOUR INDIVIDUAL,
NON-COMMERCIAL USE IS EXPRESSLY PROHIBITED. YOU MAY NOT COPY ANY Tilifon
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR MODIFY ANY
Tilifon SOFTWARE.
ALL Tilifon SOFTWARE IS PROVIDED "AS IS," AND
Tilifon HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
Provisions Relating to Content and Materials Available
on the Tilifon Website:
Tilifon and its licensors hold all
right, title and interest (including patent, trademark, and copyright) to
all content available to you on the Tilifon Website. You may use and print
the textual matter and all non-trademarked graphical matter for personal,
non-commercial purposes solely as necessary to utilize the Tilifon
Services provided that (1) the applicable copyright and trademark notice
appears in all copies, (2) such materials will not be copied or posted on
any network computer or broadcast in any media, and (3) no modifications
of any materials are made.
Materials which you are permitted to use
as described above do not include the design or layout of the Tilifon
Website or any other Tilifon owned, operated, licensed or controlled site.
Elements of the Tilifon Websites are protected by trade dress and other
laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any Tilifon Website may be copied or
retransmitted unless expressly permitted by
Tilifon.
Intellectual Property Notices:
Copyright ©
2002 Apadana New Technologies P.O.Box 28745,Dubai,UAE All rights reserved.
"Tilifon"
with any other Tilifon Services or Tilifon products referenced
herein, together with all associated graphics, logos, and slogans, are
either trademarks or registered trademarks of Tilifon, and may not be used
or reproduced without Tilifon's express prior written permission. Other
product and company names mentioned herein may be the trademarks of their
respective owners.
Any rights not expressly granted herein are
reserved to Tilifon.
Miscellaneous:
Any disputes
concerning the use of your Account requiring judicial resolution shall be
determined in the Courts of the United Arab Emirates in Dubai,
under the laws of the . United Arab Emirates.
If Tilifon or any Tilifon Affiliate
breaches its obligations hereunder, or should you become dissatisfied with
the Tilifon Services or object to any terms or conditions of these Terms of use or the Terms of Service, (or any rule or policy posted at the
Tilifon Website), or subsequent modifications thereto, your sole and
exclusive remedy is to terminate your Tilifon Account and discontinue use
of Tilifon services. You may not assert against Tilifon or any Tilifon
Affiliate any claim in connection with any Tilifon service unless you have
given Tilifon written notice of the claim within 180 days after you knew
or should have known of the facts giving rise to such claim.
These
Terms of use: (a) shall be binding upon and inure to the benefit of each
party's respective permitted successors and assignees; (b) shall not be
construed against any party as the principal draftsperson hereof; (c)
together with the Terms of Service, contains the entire understanding
between the parties hereto with respect to the Tili
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The following Terms of use apply to all
access and use by any person (referred to as "You" below) of:
Any of the following actions individually constitutes your agreement to be bound by these Terms of use:
In addition, you agree to be bound by and comply with Tilifon's Terms
of Service for any Tilifon Service which requires any form of payment or
monetary consideration to be made to Tilifon or a Tilifon Affiliate, and
such Terms of Service are incorporated by reference herein as though fully
stated herein. "Tilifon Paid Services" (as defined in the Terms of
Service) comprise a portion of the Tilifon Services and all use thereof is
subject to these Terms of use as well as the Terms of
Service.
Limitations of Usability and Liability: |