Terms of Service for VMTAG Standard Services
These
Terms of Service set forth the terms and conditions upon which VMTAG
("VMTAG") and its parent company Greenberry Networks, LLC
makes available, at no charge, its proprietary voicemail transmission
services ("Services"). Your use of the Services is
expressly conditioned on your compliance with these Terms of Service.
By clicking accessing or using the Services, you are indicating that
you agree to be bound by these Terms of Service. You acknowledge and
agree that VMTAG may revise these Terms of Service from time to time.
By continuing to access or use the Services after VMTAG makes any
such revision, you agree to be bound by the revised Terms of
Service.
Description of Services
The Services
provide a user the ability to send a voicemail (a "Voicemail")
to a recipients identified by a valid email address. The Services
operate by generating mailbox number attached to an email address ,
then storing the specified User File on a VMTAG server and then
sending to the recipient(s) an email that contains the Voicemail as a
file or a link to the Voicemail File. The recipient(s) can then
access and download the User File by clicking on the link or opening
an audio email attachement. You acknowledge and agree that VMTAG may
establish general practices and policies concerning use of the
Services, including, without limitation, the maximum size of the
Voicemail that a user may store and send through the Services, the
maximum number of days that a file will be stored by the Services,
the maximum number of times a user may access the Services in a given
period of time, and the maximum number of recipients to which a user
may send a file.
Responsibility for Data
You have
sole responsibility for all Voicemails that you store on VMTAG
servers through use of the Services or transmit via email. You
acknowledge and agree that VMTAG will not be responsible for any
failure of the Services to store a Voicemail, for the deletion of a
Voicemail stored on the Services, loss of a Voicemail, failure to
transmit Voicemail via Email or for the corruption of or loss or any
data, information or content contained in a User File.
Privacy
Policy
VMTAG respects the privacy of others. These Terms of
Service incorporate the terms of VMTAG's Privacy
Policy.
Proprietary Rights
All right, title, and
interest in and to the Services are and will remain the exclusive
property of VMTAG and its licensors. The Services are protected by
copyright, trademark, and other laws of both the United States and
foreign countries. Except as expressly permitted in these Terms of
Service, you may not reproduce, modify, or prepare derivative works
based upon, distribute, sell, transfer, publicly display, publicly
perform, transmit, or otherwise use the Services.
General
Prohibitions
As a condition to your use of the Services, you
agree not to:
Send Voicemails as part of a SCAM, SPAM, or any other related activity.
Access, tamper with, or use any non-public areas of the Services or VMTAG's computer systems or the technical delivery systems of VMTAG's providers;
Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
Impersonate or misrepresent your affiliation with any person or entity.
VMTAG will have the right to
investigate and prosecute violations of any of the above, including
intellectual property rights infringement and security-related
issues, to the fullest extent of the law. VMTAG may involve and
cooperate with law enforcement authorities in prosecuting users who
violate these Terms of Service. You acknowledge that VMTAG has no
obligation to monitor your access to or use of the Services, but has
the right to do so for the purpose of operating the Services, to
ensure your compliance with these Terms of Service, or to comply with
applicable law or the order or requirement of a court, administrative
agency, or other governmental body.
Links
The
Services may make available links to third-party websites. You
acknowledge and agree that VMTAG is not responsible or liable for:
(i) the availability or accuracy of such websites; or (ii) the
content, products, or services on or available from such websites.
Links to such websites do not imply any endorsement by VMTAG of such
websites or the content, products, or services available from such
websites. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites.
Termination
You
may terminate your account at any time. If you violate any of these
Terms of Service, your permission to use the Services will
automatically terminate. VMTAG reserves the right to discontinue
providing or to change the Services at any time and without notice.
Except to the extent that VMTAG is required by applicable law or
court order to retain copies of any of your Voicemails that are
stored on the VMTAG servers, upon any termination of your account,
VMTAG will delete and erase all User Files associated with your
account.
Disclaimer of Warranties
THE SERVICES ARE
PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY
KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,
VMTAG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VMTAG MAKES NO WARRANTY
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON
AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE
SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT VMTAG
WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO
THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE
SERVICES.
Indemnity
You agree to defend, indemnify,
and hold harmless VMTAG, its officers, directors, employees and
agents, from and against any claims, liabilities, damages, losses,
and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or in any way connected with your
access to or use of the Services, or your violation of these Terms of
Service.
Limitation of Liability
IN NO EVENT WILL
VMTAG BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY
TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR
DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT VMTAG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
IN NO EVENT WILL VMTAG'S AGGREGATE LIABILITY TO YOU
OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS
($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VMTAG AND YOU.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
Severability
In the event that any
provision of these Terms of Service is held to be invalid or
unenforceable, the remaining provisions of these Terms of Service
will remain in full force and affect.
Notice
VMTAG
may provide you with notices, including those regarding changes to
the Services by email or by postings on the Services.
Waiver
The
failure of VMTAG to enforce any right or provision of these Terms of
Service will not be deemed a waiver of such right or
provision.
Entire Agreement
These Terms of
Service are the entire and exclusive agreement between VMTAG and you
regarding the Services, and these Terms of Service supersede and
replace any prior agreements between VMTAG and you regarding the
Services. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other VMTAG services,
affiliate services or third-party content software or services.
If
you have any questions about these Terms of Service, please contact
VMTAG at support@vmtag.com