For a copy of the CallVibe End User License Agreement provided to all users at Callvibe Client installation please click here.
Net-etiquette expected of CallVibe Users
Callvibe is a community, and members of a community must respect each other as human beings. Callvibe therefore asks you not to get involved in any unwanted profane, offensive, obscene or sexual exchanges or to attempt to harm a young person in any way.
Callvibe asks that you do not:
* Use vulgar, profane, offensive or obscene language.
* Post or request sexually explicit images or other offensive content.
* Exploit a minor in any way.
* Use racially, religiously or sexually offensive language.
* Discuss illegal activity, such as how to get drugs and how to make bombs.
* Ask for or offer sexually explicit images, and/or material harmful to children.
* Harass, threaten, embarrass, or do anything else to another Callvibe user that is unwanted.
* Infringe anyone else's intellectual property rights, including but not limited to any copyright, trademark, rights of publicity, or other proprietary rights.
* Impersonate or represent Callvibe.
* Link to content not allowed on Callvibe.com.
* Try and get a Callvibe's member's password or other account information.
* Post or request personal or other information from a minor (any person under the age of 18).
We reserve the right to change, modify, suspend or discontinue
any portion of the Site at any time. We may also impose limits on certain
features or restrict your access to parts or the entire Site without
notice or liability.
Your privacy is very important to us at Callvibe. To better
explain our privacy practices in detail.
Use of Callvibe Software
Callvibe software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Callvibe. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.
If you have previously installed and accepted the End
User License Agreement for the P2P Networking component from Joltid
Ltd., your web browser will utilize this component to download the Callvibe
software, provided that this component is running at the time you chose
to download Callvibe. This is done to reduce download time for users
and reduce the load of our file server.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and Callvibe, the materials in or purchased through this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Callvibe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Callvibe does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Callvibe does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Callvibe) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Callvibe service, we include links to other web sites on the world wide web portion of the internet and that Callvibe has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
Under no circumstances, including, but not limited to,
negligence, shall Callvibe be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials,
the site, or any other web site, even if Callvibe or a Callvibe authorized
representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or
exclusion may not apply to you. No advice or information, whether written
or oral, obtained by you from Callvibe or from or through the site shall
event shall Callvibe's total liability to you for all damages, losses,
and causes of action (whether in contract, tort (including, but not
limited to, negligence) or otherwise) exceed the amount paid by you,
if any, for purchasing any materials or products.
Term of Use
The license for use of the Site and the Materials is effective
until terminated. You may terminate it at any time by destroying the
Materials together with all copies thereof. This license will terminate
event, no notice shall be required by Callvibe to effect such termination.
together with all backup copies, modifications, printed or written materials,
and merged portions in any form, or return same to Callvibe at your
Callvibe may provide links to other sites that we feel
are relevant and interesting to our users ("Link Sites").
Callvibe is not responsible for the content on the Link Sites and is
not responsible for the accuracy of the information and intellectual
property notices therein. Some of these Link Sites may provide you with
opportunities to purchase products ("Products"). We do not
endorse any of the Products nor do we make any representations or warranties
in connection with the Products.
Please exercise respect when participating in any of Callvibe's community features such as Forums, Blogs, Email functions, Voicemail functions, Conference Call functions, etc. and when using chat, voice, video, file transfer or any other feature of Callvibe Software ("User Materials"). You may not submit or publish through Callvibe any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Callvibe that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by
the Additional Terms, if, at any time you upload or post User Materials,
including but not limited to comments, suggestions, problem reports,
bug reports and design ideas to the Site you automatically grant Callvibe
a non-exclusive, royalty-free, perpetual license of all rights throughout
the universe to use, edit, modify, include, incorporate, adapt, record
and reproduce the User Materials including, without limitation, all
trademarks associated therewith, in any manner whatsoever, in or out-of-context,
in all languages, in all media now known and hereafter devised, and
to use the User Materials in advertising, promotion and publicity for
the Site, Callvibe and its or their products and services, in any and
all media now known or hereafter devised. In addition, you represent
that you waive any so-called "moral rights" in and to the
The Submissions shall be deemed the property of Callvibe.
Callvibe shall exclusively own all now known or hereafter existing rights
to the Submissions throughout the universe in perpetuity and shall be
entitled to use the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions.
In any event, any Submissions you send to Callvibe will not be treated
as confidential and Callvibe shall not be liable for any disclosure
of the Submissions.
Accounts and Security
Callvibe does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You shall notify Callvibe of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your Account, at Callvibe's sole discretion,
and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Callvibe will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Callvibe.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
* a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that is alleged
to have been infringed;
* a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
* a description of where the material that you claim is infringing is located on the Site;
* information sufficient to permit Callvibe to contact you, such as your physical address, telephone number, and email address;
* a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
For Notice of claims of copyright infringement, Callvibe
can be reached by our contact form.
This Site is controlled and operated by Callvibe. Callvibe
makes no representation that materials in the Site are appropriate or
available for use in your location. Those who choose to access this
Site from any location do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
You agree to indemnify and hold Callvibe, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of content you submit,
post to or transmit through the Site, your use of the Site, your connection
any rights of another person or entity.
By accessing this Site, you and Callvibe agree that all
matters relating to your access to, or use of, this Site shall be governed
by and construed in accordance with the laws of Luxembourg, without
giving effect to any principles of conflicts of law.
Callvibe, the Callvibe Logo and other marks indicated
on our site are trademarks of Callvibe.com or other related companies.
Callvibe's trademarks and trade dress may not be used in connection with any product or service that is not Callvibe's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Callvibe. All other trademarks not owned by Callvibe or any of its related companies that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Callvibe.
All content and compilation of content included on Callvibe's website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Callvibe.com and is protected by United States and international copyright laws.
Last revised June 2008
© 2008 Callvibe.com