3. SERVICES OFFERED ON THE SITE
3.1. SERVICES OFFERED. Company may make certain services available to you on the Site (the "Services"); specifically, web-based interface phone and SMS communication services for measuring marketing campaigns, improving customer service, and improvising sales performance, among other services (see a complete description of the Services on the Site). Your use of the Site and/or Services shall be referred to herein as, without limitation, the "Services", your "use of Services", and your "participation in Services", including all derivatives.
3.2. CALL RECORDING SERVICES. Company makes available technology that offers you the ability to record incoming telephone calls. When a calling party initiates a call to a tracking phone number, Company will, at your discretion, create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. You are responsible for applying the local laws in the relevant jurisdiction when using this feature. Company provides the ability to play a customizable voice message at the beginning of each call to alert callers that the call will be recorded. If you choose to record telephone calls, you expressly agree and acknowledge that (a) you authorize Company to make incoming call recordings on your behalf, (b) you either (i) authorize Company to play a voice message advising the caller that the call is being recorded prior to the call being connected to the party answering the call; OR (ii) make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made of an call in accordance with the law; (c) you must notify your employee, contractor, officer, agent, authorized representative or other third party that their telephone conversation with a caller is being recorded by Company; and (d) Company shall have no liability whatsoever in regards to any use made by you, your employee, contractor, officer, agent, authorized representative, or other third party, of the recordings and its contents, and/or of any personal information disclosed.
3.3. VOICEMAIL SERVICES. Company provides optional voicemail services, which may include premium transcription services. In order to provide transcriptions services, Company may utilize third-party transcription providers. If you wish to opt-out of voicemail transcription services, please contact our support team at the contact information below.
3.4. CALL TRANSCRIPTION SERVICES. Company makes available technology that offers you the ability to transcribe a conversation on incoming telephone calls and voicemail messages (if you request so). When a call party initiates a call to a tracking phone number, we will, at your discretion, create a digital audio recording of the telephone call, transcribe the call (possibly utilizing third-party transcription providers), and display the transcription to you.
4. PAYMENT FOR SERVICES. By selecting a paid service on the Site, you agree to pay Company the monthly or annual (as applicable) subscription fees indicated for the service ordered ("Service Fees"). Payments shall be charged on the day you sign up for the particular service, and will cover the use of that service for a monthly or annual period, as indicated in your order. You agree to allow Company, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Services as they become due (which shall include all related taxes) to reimburse Company (including all payment affiliates and service providers) for all collection costs and interest for any overdue amounts.
5. REFUNDS FOR SERVICES. Service Fees (as defined below) may be refundable only within the first thirty (30) calendar days of service. Overage fees, including additional phone numbers and minutes not included in your plan, are not refundable under any circumstances whatsoever.
6. COMPANY'S INTELLECTUAL PROPERTY. The Site may contain copyright material, trademarks, and other proprietary information of Company, including, but not limited to, text, graphics, logos, button icons, images, and audio and video clips ("Company's Intellectual Property"). The collection, arrangement, and assembly of all Company's Intellectual Property on the Site is the exclusive property of Company. Any trade names or trademarks of Company may not be used in any manner that is likely to confuse consumers or harm Company. Without limitation, all other trademarks, product names, and company names on the Site are the property of their respective owners.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of the Site, Services, or a user's access to the Site or Services in the event of the infringement on the rights of Company or of a third party, or the violation of any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company at:
Icon Digital, LLC
8000 Corporate Center Drive, Suite 214
Charlotte, NC 28226
8. COMPLIANCE WITH LAWS
8.1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account on the Site. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. USER CONTENT. You grant Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
11. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services; (g) launching or facilitating a Denial of Service attack on our service or any third parties; (h) using the Services to manipulate phone-based verification systems; (i) promoting or engaging in illegal or fraudulent activities, or any other activities that may subject Company or third parties to liability, damages, and/or violations of the law or danger; (j) harvesting or otherwise collecting information about others without their consent; (k) using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; and (l) sending calls to life-line services, such as hospitals, fire, police, emergency (911) rescue, or utility-related telephone numbers. Any violation of system or network security may subject you to civil and/or criminal liability.
13. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICES AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE (WHETHER TO PERSON, PROPERTY, OR OTHERWISE) OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
14. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. THIS LIMITATION SHALL APPLY TO ALL INJURY TO PERSON OR PROPERTY, WHETHER TO YOU OR ANY THIRD PARTIES AS A RESULT OF YOUR PARTICIPATION IN SERVICES, AND SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
17. COPYRIGHT. All contents of Site and Services are: Copyright © 2016 www.whatconverts.com. All rights reserved.