HelloTel™ Copyright Dispute Policy
1. Acceptance of Terms:
The following is a legal agreement governing the Terms and Conditions of Use and License of the HelloTel™application software. Application software means HelloTel™ proprietary software program or programming, Interfaces, Content, and Third Party Links. This Agreement is between you the individual as (“User”), and ("SOCHULE,INC.”) on behalf of its affiliate and subsidiary (“HelloTel™”).
PLEASE READ CAREFULLY BEFORE INTERACTING IN ANY MANNER WITH THE APPLICATION SOFTWARE AS THE FOLLOWING HEREIN DEFINE THE LIMITATIONS AND EXCLUSIONS OF HELLOTELL™’S LIABILITY TO YOU AND AFFECT OTHERWISE YOUR LEGAL RIGHTS, ACCEPT APPLICABLE STATUTORY RIGHTS IN YOUR JURISDICTION.
By acquiring, (otherwise known as “downloading”), installing, activating, or using the HelloTel™ application software, on any mobile cellular telephone, handheld device, or computer, upon the date of acquisition (download), you are agreeing to be bound by the terms and conditions set forth in this agreement.
If you do not agree to the Terms and Conditions of Use set forth herein, you are urged not to acquire or install the application software.
If through purchase, receipt as gift, or procurement by any other means, of a handheld mobile device for which the HelloTel™ application software is installed, then maintaining any active version of the HelloTel™ application software on that device constitutes your acceptance of these Terms and Conditions of Use.
These Terms and Conditions of Use represent the entire agreement and replace and supersede any HelloTel™ Terms and Conditions of Use agreements previously existing, and as of the date of your agreement to these terms, any software that forms part of the HelloTel™ application software. HelloTel™ reserves the right at its discretion, and without notification, to revise these Terms and Conditions of Use. Please review the Terms and Conditions of Use with regularity; Maintaining the installed and active software application on your handheld device constitutes your acceptance of any changes to those terms.
USE OF THIS APPLICATION SOFTWARE IS SOLEY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL HelloTel™ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE LOSSES OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, , LACK OF FITNESS FOR PURPOSE OR SECURITY,WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (i) RELIANCE ON THE MATERIALS PRESENTED, (ii) COSTS OF REPLACEMENT GOODS OR SERVICES, (iii) LOSS OF USE, DATA OR PROFITS, (iv) DELAYS OR BUSINESS INTERRUPTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION SOFTWARE.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE AND ENSURE THE RELIABILITY, ACCURACY, USEFULLNESS, COMPLETENESS, OF ANY OR ALL DATA PROVIDED.
HELLOTEL RESERVES THE RIGHT TO MODIFY, ENHANCE, UPDATE, AND MAKE ANY CHANGES DEEMED NECESSARY TO THE FUNCTIONALITY OR USER EXPERIENCE OF THE APPLICATION SOFTWARE WITHOUT NOTIFICATION.
3. Limitation of Liability:
YOU SPECIFICALLY AGREE THAT HelloTel™ IS NOT RESPONSIBLE FOR 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 WITHIN THE APPLIATION SOFTWARE.
YOU SPECIFICALLY AGREE THAT HelloTel™ 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.
YOU SPECIFICALLY AGREE THAT HelloTel™ IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THE APPLICATION SOFTWARE BY ANY THIRD PARTY.
You agree to defend, hold harmless, and indemnify HelloTell™, its parents, officers, directors, agents, assigns, employees, and 3rd party affiliates from all liabilities – including but not limited to, expenses, fees, fines, up charges, and financial claims, arising out of your use or misuse of the application software.
Under this policy, private information is defined as any data which contains details and attributes by which can identify an individual person. In the due course of business, and consistent with best business practices, interaction with HelloTel™may result in the processing, collection, storing, or transfer of personal information. HelloTel™ and its affiliates are committed to maintaining the privacy and security of your information and remain subject to applicable laws in your jurisdiction. When required by law, HelloTel™ will provide authorization requests before asking for certain types of personal information.
The purpose for collecting personal information includes:
i. Monitor and ensure proper technical functioning of the application software, including installation, activation, provision, support, maintenance, update or upgrades of HelloTel™ application software.
ii. Continuity of interface with Third Party Affiliates as advertised in the function, service, and prescribed use of the application software
iii. The Response and Management of User inquiries
iv. Statistical and Research purposes
v. Support of Third Party advertisements required for the proper use experience defined by its function and purpose.
vi. To respond to lawful requests, legal processes, and emergency services.
vii. Enforcement HelloTell™’s legal rights and collection of debt.
Your agreement of the Terms and Conditions of Use through the acquisition and installation of the application software indicates your consent for HelloTel™ to process personal information for the above identified purposes. HelloTel™ relies on you the User for accurate and correct input of personal information, and as such, is not liable for any incorrect information entered while using the application software.
5 Third Party Information
The HelloTel™ application software may contain links to Third Party Web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). HelloTel™ does not own or operate the third party affiliates, business organizations, or services related to the use of this application software. HelloTel™ is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. HelloTel™ is not responsible for any form of transmission received from any Linked Site nor is responsible if the Linked Site is not functioning properly. Third Party Information does not imply endorsement by HelloTel™ of the site or any association with its operators. Personal information from your HelloTel™ may be accessed by such Third Parties as part of the functionality of the application software. We advise you to thoroughly review the privacy policies and any agreements with such third parties and clearly understand how your personal information will be managed by third party entities.
HelloTel™ is not responsible for your interactions or arrangements with third parties or their products or services and cannot not directly control how such third parties process any personal information they collect in connection with the HelloTel™ application software use. Any interaction with third parties conducted through the application software or Linked Sites, including the rendering of payment for services or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.
6 Intellectual Property
Unless otherwise stated, HelloTel™ is rightful owner of the intellectual property contained therein or as part of the application software. Subject to the license described above, all these intellectual property rights are reserved. You agree and acknowledge that, notwithstanding that HelloTel™ permits access to the Content, such Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and your use of the Content shall be governed by applicable copyright, trademark and other intellectual property laws. Neither you nor anyone acting on your behalf, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of the application software, including without limitation, software and data, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with Hellotell™. Any grants not expressly granted herein are reserved.
All contents of the HelloTel™ application software © 2013-2016 Sochule, Inc. All rights reserved.
You may view, download, or cache from the application software for your own personal use, subject to the restrictions set out above and elsewhere in these Terms and Conditions of Use. You must not: (i)republish material from this application software (including republication on another website); (ii)sell, rent or sub-license material from the application software;(iii) reproduce, duplicate, copy or otherwise exploit material within the application software for a commercial purpose;(iv)edit or otherwise modify any material in the application software (v)redistribute material from this application, except for content specifically and expressly made available for redistribution.
7 General Provisions of Use
You are responsible for all activities and interactions by you when using HelloTel™ or any service provided by the application software or its Third Party Affiliates. Your responsibility shall include, but not be limited to access to the data in or finished by the application software on the Internet (whether at a password protected site or not)
All such activities are at your own risk.
You shall not use, nor permit others to use, Hellotell application software or services provided in a manner or for a purpose in conflict with these Terms and Conditions of Use. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. Hellotell requires the immediate notification to us of any unauthorized use of your password or account or any related security breach. You agree not to knowing engage in any use that could disrupt the function of the software application, or request the credentialed login of another user (“user’s password”), or otherwise interfere with another users' use of the application software. Nor may you post or distribute any program that damages, interferes with, intercepts, or extracts any system, data, or personal information.
As a condition of your use of HelloTel™ or any services provided, you agree to provide true, accurate, current and complete information about yourself where prompted by the application software and maintain any the Personal Data in a manner to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and Hellotell has reason to suspect that such information is untrue, inaccurate, not current or incomplete, Hellotell maintains the right to suspend or terminate or suspend your access to any services provided to you and refuse any and all current or future use of Hellotell applications software or services (or any portion thereof).
Services provided by HelloTel™ are not intended for use by any person who has not reached the age 21(twenty one) years. Even in such respect that you as a legal guardian, wish to allow a person under the age of 21 years to use the application software, you acknowledge that such action constitutes a violation of these Terms and Conditions of Use, and are therefore subject to suspension or termination of the applications software use on your handheld device and the of the handheld device, owned by, or in possession by the person the under 21 years of age.
Unless otherwise specified, the services provided by HelloTel™ and its Third Party Affiliates are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from use of the application software in a manner that facilitates any transaction that results in the acquisition of revenue or other financial benefits- whether deemed as for profit or otherwise.
8 User Submitted Content
By posting, uploading, inputting, providing or submitting any information within the application software, you consent to be bound by the following conditions concerning content submitted by you: (i) You expressly agree to abstain from submitting any content, on your behalf or that of any other party, that can reasonably defined as vulgar, offensive, obscene, defamatory, or illegal as defined by the statutes and decency laws in your local jurisdiction. (ii) Refrain from submitting content containing defamatory language concerning race, gender, sexual orientation, economic class, or religious preference (iii) Abstain from submitting content containing injurious, slanderous, libelous, or incendiary statements or information concerning HelloTel™, its Affiliates, Agents, or Employees. Failure to strictly adhere to the above defined conditions constitutes a violation of these Terms and Conditions of Use, and will result in the immediate termination and discontinuance of your use of the HelloTel™ application software.
HelloTel™ 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.
9 Violation of Terms and Conditions of Use and Termination
HelloTel™ reserves the right to investigate any suspected violations of these Terms and Conditions of Use. You hereby authorize HelloTel™ to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include providing the username, IP address or other identifying information about you. Upon termination of any account you may have with HelloTel™, you authorize HelloTel™ to delete any programs, files, and data associated with your account
HelloTel™ further reserves the right, at its sole discretion, to remove any images or other content transmitted within the application software and terminate your access to the application software and services or any portion thereof, for any reason without notice.
All communications concerning these Terms and Conditions of Use, including any legal notice, must be in submitted in writing and sent by authorized and reputable overnight courier services (shipping charges prepaid) to the address specified below:
Attention: Sochule, Inc. Legal Counsel
180 Erma Court, Suite 200
Chico, Ca 95928