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Please report any violations of the Terms of Use to
support@callharry.com
1. ACCEPTANCE OF TERMS
Welcome to CallHarry! CallHarry provides its service to you, subject to
the following Terms of Service, which may be updated by us from time to time without
notice to you. In addition, when using particular CallHarry services, you and
CallHarry shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. CallHarry also may offer other
services from time to time as the CallHarry Website evolves.
2. DESCRIPTION OF SERVICE
CallHarry currently provides users with access to a rich
collection of resources, including, various communications tools, posting tools,
personalized content and branded programming through its network of properties
(the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for CallHarry
to provide the Service. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new CallHarry
properties, shall be subject to the Terms of Service.You understand and agree
that the Service is provided "AS-IS" and that CallHarry assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
You are responsible for obtaining access
to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about myself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or CallHarry has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
CallHarry has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
4. CALLHARRY PRIVACY POLICY
Registration Data and certain other information about you
are subject to our Privacy Policy. For more information, see our full privacy
policy, click here.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify CallHarry
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. CallHarry
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
CallHarry, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. CallHarry 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 Service,
you may be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will CallHarry 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 Service to:
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a.
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upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity, including, but not limited to, a CallHarry
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
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e.
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upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
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f.
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upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
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g.
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upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation
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h.
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upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
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i.
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
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j.
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interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
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k.
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intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
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l.
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"stalk" or otherwise harass another; or
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m.
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collect or store personal data about other users.
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You acknowledge that CallHarry does not pre-screen Content, but that CallHarry
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service. Without
limiting the foregoing, CallHarry and its designees shall have the right to remove
any Content that violates the Terms of Services or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any
Content created by CallHarry or submitted to CallHarry, including without limitation
information in CallHarry.
You acknowledge and agree that CallHarry may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms of Service (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of CallHarry, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
CallHarry does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the
Service, you grant CallHarry the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of CallHarry; the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific CallHarry purposes to
which such Content was submitted or made available. This license exists only for
as long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or CallHarry removes such Content from the Service.
- With respect to photos or graphics you submit or make available for inclusion
on publicly accessible area of the Service, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or CallHarry
removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the
CallHarry network of properties that are intended by CallHarry to be available
to the general public. By way of example, publicly accessible areas of the Service
would include CallHarry search results pages and advertising space.Groups that
are open to both members and visitors. However, publicly accessible areas of the
Service would not include portions of CallHarry Post It! and Watch It!
9. INDEMNITY
You agree to indemnify and hold CallHarry, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the Terms of Service, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
CallHarry reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that CallHarry shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
12. TERMINATION
You agree that CallHarry, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if CallHarry believes that you have violated or
acted inconsistently with the letter or spirit of the Terms of Service. CallHarry
may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Terms of Service may be
effected without prior notice, and acknowledge and agree that related such files
or the Service. Further, you agree that CallHarry shall not be liable to you or
any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that CallHarry shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because CallHarry has no control over
such sites and resources, you acknowledge and agree that CallHarry is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that CallHarry 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, goods or services available on or through
any such site or resource.
15. CALLHARRY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by CallHarry or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
CallHarry grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other
than through the interface that is provided by CallHarry for use in accessing
the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CALLHARRY EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
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b. CALLHARRY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
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d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALLHARRY
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
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17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALLHARRY SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALLHARRY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME 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 OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the Terms of Service or other
matters by displaying notices or links to notices to you generally on the Service.
20. GENERAL INFORMATION
The terms of Service constitute the entire agreement between
you and CallHarry and govern your use of the Service, superceding any prior agreements
between you and CallHarry. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software. The Terms of Service and the relationship between you and CallHarry
shall be governed by the laws of the Province of British Columbia without regard
to its conflict of law provisions. You and CallHarry agree to submit to the personal
and exclusive jurisdiction of the courts located within the city of Vancouver
in British Columbia. The failure of CallHarry to exercise or enforce any right
or provision of the terms of Service shall not constitute a waiver of such right
or provision. If any provision of the Terms of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Service remain in full
force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the Terms of Service must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have
no legal or contractual effect.
21.VIOLATIONS
Please report any violations of the Terms of Use to
support@callharry.com
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User
Agreement...
Terms Of Use & User Agreement...
