Below are the legal terms, in plain English we'd like to say:
- We partner with stable and reliable telecom providers but we are in beta and things happen.
If you have any trouble using a Masque Number let us know immediately.
We will refund your Masque Number for free within 24 hours, minus any calls you may have placed.
- A month started is due.
- The call balance is valid for all your Masque Numbers, it's easier to manage for you, and you keep what you paid for in your call balance even if you drop a Masque Number, to be used with your next Masque Number.
- If you are managing a community web site and like to resell Masque Numbers to your members to communicate easily and privately, contact us to discuss about partnership agreement and wholesale volume pricing.
- Let us know if you have any questions or concerns.
This agreement (the “Agreement”), which governs the terms and conditions of your use of the Masque Number services (the “Services”), is between you (“you” or “User”), as an authorized user of such service, and DelphiLink, LLC (the “Company”) .
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE. The Services are offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, guidelines, policies, and procedures that may be published from time to time on the Masque Number website (the “Website”) by the Company (collectively, the “Terms”). The following Terms govern your access to and use of the Services. Your use of the Services constitutes your agreement to all such Terms.
2. MODIFICATIONS TO THE AGREEMENT AND SERVICES APPLY TO YOU. You may review the most current version of the Agreement at the Website. The Company reserves the right to modify or terminate any and all Services at any time, at Company’s sole discretion, for any reason, without notice, and without liability to you, any other User or any third party. Any changes or amendments to the Agreement which are posted on the Website shall constitute notice of such changes to you, even though the Company may choose to provide you with additional notice. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.
3. TERMS.
a. Upon activation of your account Services you will be charged for your Masque Number activation and first month of Services. The initial term on the monthly Services begins on the date that the Company activates your Services and ends on the day before the same date in the following month, and subsequent terms automatically renew on a monthly basis thereafter, if you enroll in automatic billing, without further action by you unless you cancel your account in accordance with Section 3(e). You will be charged in advance for each month’s Services.
b. All telephone calls placed to your Masque Number will be forwarded to your private telephone number, or to your voicemail, and will show up on your caller-id (the telephone number will only show up if your telephone supports caller-id; please be advised that some telecom operators do not provide caller-id service).
c. In order to utilize your Masque Number Services, you must pay for the calls by purchasing call balance recharges in increments of either $10 or $20. For the call balance, there is no set term; you are not required to use the entire balance of your calling balance on your account within a certain period of time. Your call balance will be debited for both incoming and outgoing telephone calls. If you chose to terminate or modify your Services in any way or manner, the balance of your calls will not be reimbursed and will be available for you to use in conjunction with your next Masque Number. However, if you have placed no calls through the Service for a period of 12 consecutive months, any balance that remains in the account will expire at the end of that period. If you are using your call balance and are not certain whether you have a sufficient call balance in your account to cover the costs of a call, it is recommended that you purchase an additional call balance recharge and verify that this purchased call balance has been added to your account before you place your call, as any call that is in progress when your existing account call balance has been exhausted will be terminated without notice.
d. You must contact the Company immediately if you suspect that your ‘username’ or ‘password’ has been disclosed to, or obtained by, a third party and that its integrity is threatened. Until such notification is received by the Company, the Company will assume that any instructions received in electronic form, or over the telephone, which have been authenticated by your ‘username’ and ‘password’, are genuine and valid instructions from you to Company.
e. You may terminate your Service at any time by following the instructions on the Website. Upon termination of Service your will lose your Masque Number and Company cannot guarantee that You will be able to re-activate Service with the same number at a later date. You will be responsible for the full month’s charges, regardless of the date of termination.
f. If you sign up for a trial period, you must cancel your trial period subscription within 24 hours of the commencement of your trial period, otherwise your trial period subscription will automatically convert to an ordinary monthly subscription of the Services and you will be charged the regular monthly fee. There shall be no refunds issued if you do not cancel your trial period pursuant to this provision.
4. INTERRUPTION OF SERVICES. You acknowledge and understand that the Services may not function in the event of power failure, including, but not limited to, any telecom provider’s system failure or interruption of service. You also acknowledge and understand that the Services will not function properly unless the computer and software you are using meet the minimum requirements to access and use the Website. You also acknowledge and understand that the Services require a fully functional connection to the Internet (which is not provided by the Company) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (“ISP”), the Services may not function, or you may not have access to the Services through the Website, but that you will continue to be billed for the Services unless and until the Services are terminated in accordance with this Agreement. If there is an interruption in the Company’s or your power supply or an ISP or telecom provider outage, the Services may not function until power is restored or the outage is cured. A power failure or other type of disruption may require the User to reset or reconfigure equipment prior to utilizing the Services. You acknowledge and understand that the Services require the use of a third party telecom provider and as such some of the Services’ functions may not fully operate.
5. MODIFICATION OF USER RATES. Unless otherwise expressly set forth in the service plan to which you subscribe, the Services are offered on a monthly basis, with no annual contract, where fees are charged in advance of each payment period and any additional charges are charged in arrears. The Company reserves the right, in its sole discretion, to change User pricing upon thirty (30) days notice, however, individual User rates will not increase from the initial activation rate.
6. CHARGES. By electing to purchase the Services, you warrant that all information you submit to the Company is true and accurate (including without limitation your credit card number and expiration date) and you agree to pay all subscription fees you incur plus all applicable taxes. Payment of the Service is due immediately, and must be made by PayPal or the credit card designated by you. Your Masque Number activation fee and monthly Services fee is payable in advance and is COMPLETELY NON-REFUNDABLE. If you have any question regarding any charges that have been applied to your account, you must contact the Company’s Customer Service Department, via email, within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by the Company in accordance with this Agreement. Your initial Services include use of the Services for a thirty day period, including free standard voicemail, and $2 of free call time. The Company reserves the right to refuse incoming and outgoing calls after usage above and beyond your available call balance.
7. PAYMENT. The Company reserves the right to suspend or terminate your Service account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.
8. CALL RATES AND USAGE. The billable timing of each call begins when the called party or automated answering service or device answers the call, and ends when the telephone connection is terminated between the communicating parties. For the Domestic and International call price list please visit the Website at http://www.masquenumber.com/call_price_list.php.
9. LINKS. The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Websites, or any link contained in a Linked Website, or any webcasting or other form of transmission that you may receive from a Linked Website. The Company is providing these links only as a convenience to you, and the inclusion of any link on the Website does not imply any endorsement of such Linked Website by the Company or any association between the Company and such Linked Website or its operators. User agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such Linked Websites.
10. AGE RESTRICTION. You represent that you are of legal age to form a binding contract and under the laws of the United States or other applicable jurisdiction. Use of the Services or Website by children under the age of 18 years old without parental consent is prohibited.
11. INTELLECTUAL PROPERTY RIGHTS. User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Website or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by the Company. These Terms do not transfer any right, title, or interest in the Service, Website or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by the Company. User agrees not to use or divulge to others any information designated by the Company as proprietary or confidential. Any unauthorized use of any Content contained on the Website or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.
12. TRADEMARKS. “Company Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations the Company uses in connection with the Service or any other service. User may not remove or alter any the Company Trademarks, nor may it co-logo the Service or material associated with the Service without prior written permission of the Company. User acknowledges the Company' rights in the Company Trademarks and agrees that any and all use of the Company Trademarks by User shall inure to the sole benefit of the Company. User agrees not to incorporate any the Company Trademarks into User's trademarks, service marks, the Company names, Internet addresses, domain names, or any other similar designations.
13. DISCLAIMER OF WARRANTIES.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. WE PROVIDE ALL SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH NO WARRANTIES WHATSOEVER.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OF SATISFACTORY QUALITY, WORKMANLIKE EFFORT OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, EFFECTIVE, RELIABLE, CURRENT, USEFUL, FUNCTIONAL, BUG OR ERROR-FREE ; AND (III) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT CREATE ANY WARRANTY OF ANY KIND.
14. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU, OTHER USERS OF YOUR MASQUE NUMBER OR THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSSES WHATSOEVER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, : (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICES; (II) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES ; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICES FEES THAT YOU PAID DURING A ONE-MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
15. EXCLUSIONS AND LIMITATIONS.
Some states or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16. NO RESALE OF THE WEBSITE OR SERVICES. User agrees not to reproduce, duplicate, copy, sell resell or exploit the Services or Website, without the express written consent of the Company.
17. LAWFUL USE. User agrees that use of the Services and Website is subject to all applicable national, state, and local laws and regulations, and that User is solely responsible for the contents of any communications made through the Services. User agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual), or otherwise violates the Company' rules, guidelines or policies; (ii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party (iii) constitutes any form of unsolicited “spamming”), facsimiles, any other form of unauthorized solicitation (iv) contains viruses or any other software code, files, or programs that are designed or intended to disrupt, damage, destroy or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (v) impersonates any person or entity.
18. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
19. PRIVACY POLICY. Information collected by the Company about Users will be treated in accordance with our privacy policy (“Privacy Policy”). This Privacy Policy can be found at http://www.masquenumber.com/privacy.php.
20. TERMINATION. The Company may terminate or suspend access to the Services or Website with or without cause at any time and effective immediately. Reasons for termination or suspension shall include, but are not limited to, the following: violation of any terms listed in this policy; illegal conduct, conduct the Company deems to be inappropriate or failure to pay for Services. The Company shall not be liable to User or any third party for termination of the Services or use of the Website. Should User object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Service or Website in any way, User's only recourse is to immediately: (a) terminate use of the Service and Website; and (b) notify the Company of termination. Upon termination of access to the Service and Website, User's right to use the Service and Website shall immediately cease.
21. NO WAIVER. The failure of the Company to insist upon strict performance of any of the terms and conditions herein, shall not be deemed a waiver of any rights or remedies that the Company may have, any shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein contained.
22. SEVERABILITY. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not in any way affect the remainder of such provision or any other provision of the Terms.
23. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
24. INDEMNIFICATION. User shall defend, indemnify and hold harmless the Company, its officers, directors, employees and agents from any breach of this Agreement, use of User’s account or in connection with the placement or transmission of any voice-call, message, data call information, software or other content using the Services. The Company shall give written notice of any such claim, action or demand within a reasonable time. The Company shall be defended by attorneys of their choice at User’s expense.
25. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of [Delaware] without regard to its choice of law provisions. User hereby consents to personal jurisdiction by the state and federal courts located in [Delaware]. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
|
