Times Telecom :

International Sites

TERMS & CONDITIONS

PC2Phone Service

Proprietary Rights to Content
Software; Software License
Indemnification
Emergency (911) Calls
Your Dealings with Advertisers and Other Third Parties
Disclaimer of Warranties
Limitation of Liability
Restricted Rights
Governing Law and Jurisdiction
Termination

This agreement ("Agreement") is between Times Telecom Inc. (“Company”) and the user ("you, "user" or "Subscriber") of the Company's Times Telecom software and corresponding PC and web-based telephone service ("Service"). The following terms and conditions govern the Company's website and the software and services made available on the website. By visiting our website and/or using any of our software or services, you agree to be bound by these Terms & Conditions. When you use a specific the Company service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. the Company reserves the right to change these Terms & Conditions or its other posted agreements at any time and to notify you by posting an updated version on this website.

The Company does not target services to individuals less than age 13. Individuals less than 13 years of age are not eligible to register or to initiate our services. Please register after you have reached age 13.

[back to top]

1. Proprietary Rights to Content

Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on the Company's website, in sponsor advertisements or in email-distributed by the Company is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Except as otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither the Company nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to the Company and/or to their respective owners.

[back to top]

2. Software; Software License

The software made available through this site is the copyrighted material of the Company and its third party suppliers. If the Company provides any software to you in connection with the services, the Company grants you a personal, non-exclusive, non-transferable license for the duration of your use of the services to install and use such software in object code form only on one piece of hardware for the sole purpose of enabling the services. You may not copy, distribute, reverse engineer, decompile, disassemble or otherwise reduce to human readable form any software provided by the Company in connection with the services.

[back to top]

3. Indemnification

You agree to indemnify and hold the Company, its affiliates, officers, directors, employees, and network services suppliers harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by the Company.

[back to top]

4. Emergency (911) Calls

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY / 911 CALLS ARE NOT INTENDED TO BE CARRIED BY THE SOFTWARE OR SERVICES AND THAT NEITHER the Company, ITS EMPLOYEES, AGENTS, AFFILIATES, NOR ITS NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE FOR SUCH CALLS OR FOR YOUR FAILURE TO COMPLETE SUCH CALLS USING THE SOFTWARE OR SERVICES.

[back to top]

5. Your Dealings with Advertisers and Other Third Parties

The Company website and the services the Company provides may include information and links to content from third parties. Inclusion of such information and links does not signify the Company's endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. The Company shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website.

[back to top]

6. Disclaimer of Warranties

TIMES TELECOM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. TIMES TELECOM IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE. FOR THE SOFTWARE AND SERVICES TIMES TELECOM PROVIDES THROUGH THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TIMES TELECOM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TIMES TELECOM DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMES TELECOM DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.

[back to top]

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TIMES TELECOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT TIMES TELECOM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF TIMES TELECOM'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF TIMES TELECOM'S SOFTWARE AND/OR SERVICES.

[back to top]

8. Restricted Rights

Software and accompanying documentation are "commercial computer Software" and "commercial computer Software documentation", respectively, under DFAR Section 227.7202 and FAR Section 12.212 (CFR Title 48). Any use, reproduction, modification or disclosure of the Software and/or Software documentation by the US government will be governed solely by these Terms and Conditions and is prohibited unless expressly permitted by these Terms and Conditions.

[back to top]

9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of British Columbia, Canada.

You and the Company agree to submit to the exclusive jurisdiction of the courts of British Columbia, Canada. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect.

The Company's failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

You and the Company agree that any cause of action arising out of or related to the software or a service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in these terms and conditions are solely for the convenience of the parties and have no legal or contractual significance.

[back to top]

10. Termination

The Company may terminate any or all of the services or the right to use software with or without cause at any time and effective immediately. In addition, the Company, in its sole discretion, may terminate your Times Telecom account or any other account for violation of the letter or spirit of these Terms & Conditions.

[back to top]