TERMS & CONDITIONS
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.