Terms of Service
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Permitted Use of the Site and Service
This Site is provided as on an "as is" basis by SkyVault Mobile for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of SkyVault Mobile. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by SkyVault Mobile (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about SkyVault Mobile's business and products, purchasing and utilizing the Service, communicating with SkyVault Mobile, entering prize promotions offered by SkyVault Mobile, or otherwise as stated on the Site.
SkyVault Mobile hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content's owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from SkyVault Mobile. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of SkyVault Mobile and/or its licensors, each of whom reserves all rights with regard to such materials.
SkyVault Mobile may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. SkyVault Mobile reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. SkyVault Mobile shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant SkyVault Mobile a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to SkyVault Mobile via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to SkyVault Mobile that you have all rights, title and interests necessary to provide such User Content to SkyVault Mobile, and that your provision of the User Content to SkyVault Mobile shall not infringe any party's proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
SkyVault Mobile makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. SkyVault Mobile makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. SkyVault Mobile reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while SkyVault Mobile utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.
IN NO EVENT SHALL SkyVault Mobile BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF SkyVault Mobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL SkyVault Mobile'S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO SkyVault Mobile HEREUNDER.
SkyVault Mobile may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by SkyVault Mobile of such sites or an affiliation between SkyVault Mobile and the owners of such sites, nor shall SkyVault Mobile be liable for the contents of such sites. SkyVault Mobile will also not be liable for any errors in such links, or for any malfunction of such links.
Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. SkyVault Mobile will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by SkyVault Mobile, you agree that you will pay them when due.
SkyVault Mobile shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
As between you and SkyVault Mobile, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
SkyVault Mobile, the SkyVault Mobile logo, and other SkyVault Mobile trademarks, service marks, graphics and logos used in connection with SkyVault Mobile are trademarks or registered trademarks of The SkyVault Group in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with SkyVault Mobile may be the trademarks of their respective owners.
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to SkyVault Mobile that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
By using this Site and the Service, you agree to indemnify and hold harmless SkyVault Mobile, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to SkyVault Mobile.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Palm Beach, Florida.
Customer agrees to familiarize him or herself with the legalities of any campaigns run through the SkyVault Mobile system, by visiting the following websites:
a) Federal Trade Commission, LINK: http://www.ftc.gov
b) Federal Communications Commission, LINK: http://www.fcc.gov
c) DoNotCall Registry Info, LINK: http://www.donotcall.gov
Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
Customer agrees to provide own sound files for all outbound campaigns.
Customer agrees to provides all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
Customer agrees to schedule campaigns responsibly.
Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
Customer agrees to use DNC / opt-out features made available to you via SkyVault Mobile.
Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.
Customer acknowledges and agrees to be held liable for any and all damages caused to SkyVault Mobile by Customer, its officers, agents and/or employees, as a direct result of a violation in State, Federal, and tariff regulations. Damages include but are not limited to those damages that may arise from Customer’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by SkyVault Mobile to Customer.
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to SkyVault Mobile in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
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