TERMS AND CONDITIONS
GroupCall (collectively, "we" "us" or "GroupCall") by Parlor.fm Inc is a global group conference calling service application that lets you stay in touch with groups of people via landline, VoIP, and mobile phones. GroupCall is currently provided as a free service. We appreciate responsible usage of the service and hope you enjoy it! If you don’t agree to the Terms of Service below, please do not use the Service!
TERMS OF SERVICE
AGREEMENT TO BE BOUND
ABILITY TO ENTER INTO THIS AGREEMENT
BY USING THE WEBSITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. If you are using the Website or Services on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Parlor.fm Inc. License
Subject to Your compliance with the terms and conditions of this Agreement, Parlor.fm Inc. grants you a non-exclusive, non-sub licensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Parlor.fm Inc. or any other party. In the event that you breach any provision of this Agreement, Your rights under this section will immediately terminate.
In connection with your use of the Website and Services, You will be required to complete a registration form. You represent and warrant that all information you provide on any registration form or otherwise in connection with your use of the Website or Services will be complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.
You will also be asked to provide, or may be given, a user name and password in connection with your use of the Website and Services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of any other Website or Services user. You agree to notify support@GroupCall.me immediately of any unauthorized use of your account or password. Parlor.fm Inc. shall not be liable for any loss that you incur as a result of someone else using your account or password, regardless of whether with or without your knowledge. You may be held liable for any losses incurred by Parlor.fm Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
The Service enables you to create a contact list of other individuals and then allows you to send messages to individuals you added informing them of a conference call you created. You are sending SMS or emails to the individuals you choose. The receiving individuals get an invite with information about the call (who created it, time and date, subject of the call). If the receiving individuals decided to participate in the conference call they will be required to enter the phone number they are calling from and then clicking the “accept” button. The individuals that accept the invite will get a local access number for them to call into the conference. The Service will connect the call creator and the invited individuals after playing a brief audio advertisement.
GROUPCALL MESSAGES AND CONSENT
(Consent to message individuals for your call.) GroupCall makes it easy for you to create conference calls so that you can communicate with low cost and speed. YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU INVITED TO THE CONFERENCE CALL HAS CONSENTED TO BE CONTACTED BY YOU BY MEANS OF RECEIVING TEXT MESSAGES AND OR EMAILS FROM YOU AND ANY SERVICE YOU MAY USE.
(Consent to receive periodic messages from GroupCall.) As part of the Service, GroupCall sometimes causes administrative messages to be sent to members. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES AND EMAILS FROM GROUPCALL, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE TO A CONFERENCE CALL HAS CONSENTED TO RECEIVE TEXT MESSAGES AND /OR EMAILS FROM GROUPCALL.
(Stopping GroupCall messages.) To permanently cease receiving text messages and or emails from any conference call invites, email “STOP” plus your phone number to support@GroupCall.me. GroupCall service can be resumed by emailing “RESUME” plus your phone number to support@GroupCall.me.
TEXT MESSAGING FEES
GroupCall does not charge a fee to use the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received count towards a monthly quota as any other messages do. Any users, whether sending or receiving text messages with GroupCall, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
GROUPCALL ACCOUNTS AND USE OF SERVICE
If you create an account on GroupCall, you are responsible for maintaining the security of your account and contacts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your contacts. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will not falsify your phone number or spoof another individual’s phone number.
If you operate a conference call, play material on one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by Parlor.fm Inc. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to play or share the Content on the Service; and represent and warrant that the use and playing of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
Using the Service means that you will:
• only send messages to people who have expressly agreed to receive text messages from you, and GroupCall;
• comply with all applicable laws and regulations;
• not infringe on the intellectual property or privacy of others;
• only share Content that is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
• ensure that the Content does not contain commercial content;
• ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• comply strictly with any carrier agreements and terms associated with your mobile device; and
• not attempt to disrupt the Service.
The Website, all content and materials located on the Website, and the conferencing infrastructure that delivers the Services, including without limitation the GroupCall name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Parlor.fm Inc. or its licensors. Except as explicitly provided, neither your use of the Website and Services, nor your entry into this Agreement, grant you any right, title or interest in or to any such content or materials.
By using GroupCall and playing Content to a group, you grant us a world-wide, royalty-free, perpetual, fully sub-licensable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, GroupCall has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in GroupCall’s opinion, violates any GroupCall policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in GroupCall’s sole discretion. This may include modifying or stopping the Service in its entirety.
COPYRIGHT CLAIMS AND DMCA POLICY
We respect the intellectual property of others. If you think material shared in a conference call violates any of your copyrights, please contact GroupCall. The following steps should be followed when sending a Digital Millennium Copyright Act ("DMCA") take down notice to us.
Send an email to copyright@GroupCall.me. Include details of the infringement, including an identification of the copyrighted work(s) claimed to have been infringed, identification of the material that is claimed to be infringing, and information sufficient for us to locate the material.
Include a statement that the complaining party has 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.
Include a statement that the above information is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Include your name and address and all contact information. We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, Parlor.fm Inc. will terminate that user’s access to GroupCall.
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
Parlor.fm Inc. may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Parlor.fm Inc. reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any information made available through or on the Service.
TERMINATION OF ACCESS TO CONTENT AND SERVICE
We reserve the right to block access to any conference calls and to terminate your membership access to the Service at any time, with or without cause, with or without notice, effective immediately. Should you wish to terminate your use of the GroupCall service, simply email “CANCEL” plus your phone number to support@GroupCall.me. Provisions of the Terms which on their face are intended to survive shall survive such termination.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARLOR.FM INC. AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PARLOR.FM INC. DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARLOR.FM INC OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. LIMITATION OF LIABILITY
NEITHER PARLOR.FM INC NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARLOR.FM INC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL PARLOR.FM INC. OR OUR AFFILIATES’, LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO PARLOR.FM INC. FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Parlor.fm Inc., GroupCall.me, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
These Terms constitute the entire agreement between Parlor.fm Inc. and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Parlor.fm Inc., or by the posting by Parlor.fm Inc. of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Except to the extent applicable law, if any, provides otherwise, and except as set forth below under the Arbitration and Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in state or federal court in New York County, New York. This Agreement, and all access to or use of the Service, shall be governed by New York law.
ARBITRATION AND CLASS ACTION WAIVER:
IMPORTANT PLEASE READ CAREFULLY GENERAL: You agree that, unless prohibited by applicable law, the parties to the Terms may elect to arbitrate - and require the other party to arbitrate - any claim arising out of or in any way related to this Agreement or the Service.
IMPORTANT NOTICE AND LIMITATIONS:
If you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
To start arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the claim shall be resolved by arbitration under this Arbitration Provision and the consumer or other applicable rules of the American Arbitration Administration then in effect using a single arbitrator appointed by the American Arbitration Association and approved by you and us. For more information please see www.adr.org.
NO CLASS ACTIONS:
Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
LOCATION AND COSTS:
Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot afford or otherwise do not want to pay the Administrator's or arbitrator's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration, as determined by the arbitrator. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable.
EFFECT OF ARBITRATION AWARD:
Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the "FAA"); and (2) claims involving more than $100,000. For claims involving more than $100,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. The costs of any appeal will be borne in accordance with the paragraph above captioned "Location and Costs."
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration.
SURVIVAL, SEVERABILITY, PRIMACY:
This Arbitration Provision shall survive the termination of your use of the Services, the Terms themselves and, the fulfillment of all our and your obligations under the Terms*
Updated February 6, 2012.
© 2012 Parlor.fm Inc.
IMPORTANT NOTICE: WE HAVE UPDATED OUR TERMS OF SERVICE http://groupcall.me/terms/. By using GroupCall you are indicating that you have read, understood, and agree to the updated Terms of Service.
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