Phone # 1-504-353-2500
End User License Agreement

IMPORTANT - PLEASE READ CAREFULLY

Please note the following preliminary terms, which use some of the definitions set out in paragraph 1 below:

No Emergency Calls: CallVibe Software does not and does not intend to support or carry emergency calls. Please also see paragraphs 3.6 and 6.2 below.

This Agreement: This Agreement, and any new versions, between CallVibe and You, covers all your use of CallVibe Software from any terminals where CallVibe Software has been installed, by You or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by CallVibe.

Additional Terms: Your agreement with CallVibe will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the CallVibe Services, You must accept the Additional Terms. You can accept the Additional Terms by (i) clicking to accept or agree where this option is made available to You, or (ii) by actually using the CallVibe Services, in which case You acknowledge and agree that CallVibe will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the "Terms". If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant CallVibe Service. You should print off or save a copy of the Terms for your records.

Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the CallVibe Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction's Restrictions: If the law of Your country prohibits You from downloading or using CallVibe Software because You are under the age limit or because the CallVibe Services are not allowed in Your country, use of CallVibe is prohibited.

TABLE OF CONTENTS

1. Definitions
2. License and Restrictions
3. What You should and should not expect from CallVibe
4. What we expect from You
5. Term, Termination, Updates
6. Disclaimer of Warranties and Limitation of Liability
7. Additional Terms
8. Miscellaneous

1. Definitions | Back to contents | Back to top

1.1 - The following terms and expressions shall have the following meanings:

Additional Terms - The terms and conditions and policies applicable to Your use of the CallVibe Software and the CallVibe Services, in addition to this Agreement.

Affiliate - Any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, CallVibe. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

Agreement - This End User License Agreement, as may be renewed and/or amended from time to time.

Documentation - Any online or otherwise enclosed documentation provided by CallVibe.

Effective Date - The date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the CallVibe Software by You, whichever occurs earlier.

Emergency Service(s) - Means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.

IP Rights - Means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Password - Refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.

CallVibe - Refers to the product of the company Global Media Exchange, Inc. established under the laws of United States, with its address at 1327 Veterans Blvd PMB 246, Metairie, LA 70005

CallVibe API - Application program interface consisting of the set of routines utilized by the CallVibe Software to provide the CallVibe Software functionality for a given platform or operating system, CallVibe API being included in or linked to the CallVibe Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

CallVibe Online Material - The CallVibe buttons and widgets available for download on the CallVibe Website at http://www.CallVibe.com/widgets as such may be changed from time to time by CallVibe in its sole discretion.

CallVibe Promotional Materials - Any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by CallVibe for the promotion of its company, its products and activities, other than the CallVibe Online Material.

CallVibe Services - The CallVibe Website and any other products and services made available to You by CallVibe or its Affiliates, in addition to the CallVibe Software.

CallVibe Software - The software distributed by CallVibe for internet communication applications, including without limitation the CallVibe API, UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.

CallVibe Staff - The officers, directors, employees and agents of CallVibe or its Affiliates, or any other persons hired by CallVibe or its Affiliates.

CallVibe Website - Any and all elements, contents and the 'look and feel' of the website available under the URL, www.CallVibe.com, - among other URL's -, from which website the CallVibe Software can be downloaded.

Terms - Has the meaning given in the "Additional Terms" preliminary term above.

UI - The user interface of the CallVibe Software.

User Account - Refers to the account with User ID and Password that You create for Your use of the CallVibe Software.

User ID - Refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.

You - You, the end user of the CallVibe Software, also used in the form "Your" where applicable.

1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.

1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. License and Restrictions | Back to contents | Back to top

2.1 License - Subject to the terms of this Agreement, CallVibe hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the CallVibe Software on Your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by CallVibe and any other applications that may be explicitly provided by CallVibe. You are allowed to use the CallVibe Software at university or any other educational institution, subject to paragraph 4.4 below and in accordance with this Agreement and any applicable Additional Terms. You are allowed to use the CallVibe Software at work to make communications relating to Your business in accordance with this Agreement and any applicable Additional Terms (such as the Terms of Service referred to in paragraph 7 below if You use the payable VoIP products and/or are a Member or an Administrator of a Business Control Panel).

2.2 No Granting of Rights to Third Parties - You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the CallVibe Software or any part thereof.

2.3 No Modifications - You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the CallVibe Software or any part thereof except to the extent permitted by law.

2.4 Third Parties - The CallVibe Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the CallVibe Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the CallVibe Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with CallVibe or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to CallVibe or its Affiliates to enforce any of your rights.

2.5 Exclusive Ownership - Any and all IP Rights in the CallVibe Software, the CallVibe Website, the CallVibe Online Material and the CallVibe Promotional Materials are and shall remain the exclusive property of CallVibe and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with CallVibe's IP Rights. Any unauthorized use of CallVibe's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the CallVibe Software, but may be accessed through use of the CallVibe Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

2.6 No Removal of Notices - You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or CallVibe's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

2.7 Use of CallVibe API.

  2.7.1 - You may make use of the CallVibe API provided that:
  (i) You comply with the CallVibe API Terms of Use at http://www.CallVibe.com/legal
  (ii) Your use of the CallVibe API is for legitimate purposes only and shall not adversely affect the functionality or performance of the CallVibe Software
  or services provided by CallVibe; and
  (iii) You will monitor the CallVibe Website in order to ensure that You are aware of any changes in the CallVibe API Terms of Use.
  If such changes are not acceptable to You, You will immediately stop using the CallVibe API and, where applicable, the CallVibe Software.

  2.7.2 - If You are interested in using the CallVibe API for a purpose which is not permitted under this Agreement or the CallVibe API Terms of Use,
  You will have to obtain CallVibe's prior written consent and explicitly agree upon any further commercial terms.

2.8 CallVibe Promotional Materials - Nothing in this Agreement will give You any right to use the CallVibe Promotional Materials.

3. What You should and should not expect from CallVibe | Back to contents | Back to top

3.1 No Warranties - Installing CallVibe Software enables You to communicate with other people. CallVibe cannot guarantee that You will always be able to communicate with other people, nor can CallVibe guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.

3.2 Content of Communications - The content of the communication spread by the use of the CallVibe Software is entirely the responsibility of the person from whom such content originated. You understand, therefore, that by using the CallVibe Software and the CallVibe Services You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use the CallVibe Software and the CallVibe Services at Your own risk.

3.3 Utilization of Your Computer - CallVibe Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between You and third parties. CallVibe will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however CallVibe cannot give any warranties in this respect.

3.4 New Versions of the CallVibe Software - CallVibe, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the CallVibe Software. CallVibe has no obligation to make available to You any subsequent versions of the CallVibe Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the CallVibe Software.

3.5 Suspension - CallVibe may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the CallVibe Software, and/or disable any CallVibe Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at CallVibe's discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.6 No Emergency Calls - The CallVibe Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. You acknowledge and agree that:
(i) CallVibe is not required to offer access to Emergency Services under any applicable local and/or national rules, regulation or law;
(ii) You must make additional arrangements to access Emergency Services and it is Your responsibility to purchase (separately from the CallVibe Software), traditional wireless or landline telephone services to obtain such access; and
(iii) CallVibe is not a replacement for Your primary telephone service.

4. What we expect from You | Back to contents | Back to top

4.1 Lawful purposes - You will use the CallVibe Software solely for lawful purposes. In this respect You may not, without limitation
(a) intercept or monitor, damage or modify any communication which is not intended for You;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the CallVibe Software or the communication;
(c) send any unsolicited commercial communication not permitted by applicable law;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the CallVibe Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights.

4.2 Representations - You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the CallVibe Software and/or the CallVibe Services.

4.3 Indemnification - YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CALLVIBE AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR
(A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR
(B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR
(C) USE OR MISUSE OF THE CALLVIBE SOFTWARE, OR
(D) COMMUNICATION SPREAD BY MEANS OF THE CALLVIBE SOFTWARE.

4.4 Utilization of Your Computer - If Your use of the CallVibe Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the CallVibe Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the CallVibe Software, You have obtained such consent.

4.5 Export Restrictions - CallVibe Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the CallVibe Software as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN 5D992.b.1 of the Export Administration Regulations ("EAR") per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. CallVibe is making this software available to You for download only on the condition that You certify that You are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

5. Term, Termination, Updates | Back to contents | Back to top

5.1 Term - This Agreement will be effective as of the Effective Date and will remain effective until terminated by either CallVibe or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant CallVibe Service (as applicable), and will remain effective until terminated by either CallVibe or You as set out below and/or in the applicable terms.

5.2 Termination - You may terminate the Terms with immediate effect at any time. Without limiting other remedies, CallVibe may limit, suspend, or terminate this license and Your use of CallVibe Software and CallVibe Services, prohibit access to the CallVibe Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. CallVibe shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

5.3 Consequences of Termination - Upon termination of this Agreement and the Additional Terms:
(a) all licenses and rights to use the CallVibe Software and the CallVibe Services shall immediately terminate;
(b) You will immediately cease any and all use of the CallVibe Software and CallVibe Services; and
(c) You will immediately remove the CallVibe Software from all hard drives, networks and other storage media and destroy all copies of the CallVibe Software in Your possession or under Your control.

5.4 New Versions - CallVibe reserves the right to change this Agreement at any time by publishing the revised Agreement on the CallVibe Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the CallVibe Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.CallVibe.com/eula reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the CallVibe Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.

6. Disclaimer of Warranties and Limitation of Liability | Back to contents | Back to top

6.1 No Warranties - THE CALLVIBE SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; CALLVIBE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE CALLVIBE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. CALLVIBE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE CALLVIBE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES CALLVIBE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE CALLVIBE SOFTWARE.

6.2 Specific Disclaimer Of Liability For Emergency Services - CALLVIBE DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE CALLVIBE SOFTWARE. NEITHER CALLVIBE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE CALLVIBE SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 3.6 ABOVE.

6.3 Your own Risk - You acknowledge and agree that the entire risk arising out of Your use of the CallVibe Software remains with You, to the maximum extent permitted by law.

6.4 No Liability - The CallVibe Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT CALLVIBE, ITS AFFILIATES, ITS LICENSORS AND THE CALLVIBE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE CALLVIBE SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CALLVIBE SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH CALLVIBE SOFTWARE.

6.5 Limitation of Liability - IN NO EVENT SHALL CALLVIBE, ITS AFFILIATES, ITS LICENSORS OR THE CALLVIBE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
  6.5.1 - ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO
  DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE CALLVIBE SOFTWARE; AND
  6.5.2 - ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO
  USE THE CALLVIBE SOFTWARE;
  6.5.3 - ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
    (I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE CALLVIBE SOFTWARE;
    (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY CALLVIBE FOR ANY REASON; AND
    (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE CALLVIBE SOFTWARE TO YOU.

6.6 - THE LIMITATIONS ON CALLVIBE'S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT CALLVIBE, ITS AFFILIATES OR THE CALLVIBE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.7 - NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF CALLVIBE FOR
(I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF CALLVIBE, THE CALLVIBE STAFF OR ITS AGENTS, OR
(II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.8 Jurisdiction's Limitations - As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

7. Additional Terms | Back to contents | Back to top

7.1 - In addition to this Agreement, You have to comply with the following Additional Terms when receiving the CallVibe Software and the CallVibe Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

• The CallVibe Etiquette http://www.CallVibe.com/legal provides guidelines to treat properly and respectfully the other members of CallVibe's community;

• Distribution of CallVibe Software. You are not allowed to distribute the CallVibe Software or any part thereof in a CD-ROM, DVD or other similar physical media unless You comply with the Distribution Terms at http://www.CallVibe.com/distribution Any other distribution of the CallVibe Software is subject to paragraph 7.2 below.

• CallVibe API. You are not allowed to use the CallVibe API unless You comply with the API Terms at http://www.CallVibe.com/legal

• CallVibe Online Material. You are not allowed to use the CallVibe Online Material unless You comply with the Online Material Terms at http://www.CallVibe.com/materials

• The use of www.CallVibe.com website is subject to the Terms of Use with Global Media Exchange, Inc. DBA Callvibe.com

• If You want to provide chargeable services to other CallVibe Software users through the CallVibe Software as a service provider, You will need to comply with the Service Provider Agreement with Global Media Exchange, Inc. DBA CallVibe.com

• If you want to use CallVibe Premium Call Service then You will need to comply with the Terms of Service for CallVibe Premium Call (Beta) at http://www.CallVibe.com/

7.2 Any other exceptions - If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain CallVibe's prior written consent and explicitly agree upon any further terms.

7.3 Your Confidential Information and Your Privacy - CallVibe is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy at http://www.CallVibe.com/privacy sets out how CallVibe may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the CallVibe Services.

8. Miscellaneous | Back to contents | Back to top

8.1 Entire Agreement - The terms and conditions of the Terms constitute the entire agreement between You and CallVibe with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or CallVibe arising out of fraud or fraudulent misrepresentation.

8.2 Partial Invalidity - If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.

8.3 No waiver - The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If CallVibe waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

8.4 Assignment - You are not allowed to assign the Terms or any rights hereunder. CallVibe is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.

8.5 Applicable Law and Competent Court - The Terms shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.

8.6 Language - The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

8.7 Survival - The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE CALLVIBE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CALLVIBE THE RIGHTS SET FORTH HEREIN.

© CallVibe - Last revised: June 2008