effective: July 01 , 2018
References in this document to:
„Service“, „Website“, „californiaphone.directory“, „We“ or „Us“ mean the californiaphone.directory website, it’s owner and operator. When dealing with the Service, you are dealing with its operator who shall execute the content of these Terms of Service on behalf of Lets Calls. The Operator’s contact details and information can be found at any time on the californiaphone.directory Website.
References to “You”, “Your” and “User” mean the person, group or other entity utilizing californiaphone.directory. References to “Buyer” in these Terms of Service mean a User who/which has entered into a purchase agreement with the Service.
Users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.
Licensing Grant and Agreement Term
To the extent as to using the Website and its rendered digital services, californiaphone.directory hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Agreement that californiaphone.directory may stipulate with you in the future. Applicable Licensing Terms may be displayed at an accessible place or visible to you within the californiaphone.directory Website.
Any further stipulated agreements between you and the Service shall be performed on behalf of the Service by the Service’s operator, whose contact details shall be listed and available at any time on our Website.
This Agreement is concluded for an unlimited period of time. The Users may terminate this Agreement using the available function of Deleting Account in their respective User Profile settings. Deletion of all User Data is possible by sending an appropriate request from the respective User account to the Service’s email address. The Service retains the right to retain necessary data in regards to User identification, in case of any claims or inquiries of authorized bodies. This agreement may be transferred to third parties (without limitation to: legal successors and/or heirs) under applicable law of probate.
Acceptance of the Terms
Your continuous usage of the Service and/or explicit acceptance of these Terms of Service constitutes a binding instrument of acceptance of the Terms and Conditions as stated within these Terms of Service and all legally-binding documents which govern your usage of the californiaphone.directory Service.
Access and Usage of the Service
Account Registration and Profile
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of californiaphone.directory are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing. Orders and Payment” section. The personal information (thereinafter referred to as: “Registration Data”) that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing services from californiaphone.directory).
The User shall use the Service according to the intended purpose of the Service, and further in accordance with applicable law, accepted social and moral standards, as well as the provisions of these Terms of Service, as well as other legal documents the User has provided consent to in regards of using this Service.
The User is further obliged to protect the User’s respective login details, passwords and other information, in order to prevent the access of third parties.
The User shall not take any action in order to interfere with the Service’s functionality, namely by using specific software or equipment. The User shall use this Service in a manner consistent with these Terms of Service, applicable law and general principles of using the Internet. The User shall, therefore, withhold from delivering and transferring throughout the Service the following (without limitation): – Content prohibited by law, social or moral norms, – Personal data of third parties gathered, published or distributed without their appropriate written consent, – Unsolicited commercial communications or other types of spam, which was not approved by users expressly; – Other content deemed unfit by acceptable moral standards.
Reserved rights in cases of material Breach of the Usage Terms
For breaches of the aforementioned usage guidelines, the Service may exercise full discretional rights, if the Service finds it appropriate.
The Service reserves the right to terminate a User’s access to the Service, if they turn out to be repeated infringers. californiaphone.directory may, in its sole discretion, initiate inquiries of abuse of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms explained above. The reserved rights in case of violation of these terms include:
Paid Services and Subscriptions
Membership Billing Terms
The Service offers monthly, quarterly, half-yearly or yearly Membership Terms, as well as other Membership Terms from time to time. californiaphone.directory shall bill you for your online account using the billing information provided by you. A one-month term is agreed by each User to be a thirty (30) day period. The Membership Terms’ specifications are listed on the californiaphone.directory website. You hereby agree to pay any applicable charges and prices then in effect for your usage of the Membership services rendered as per the Membership Terms’ description as displayed on our website. You agree to make payment and use the selected payment method. You hereby agree that upon expiration of the Membership Term, a new one shall automatically be billed, unless stipulated or automatic renewals are disabled from your User Profile Settings. In cases of automatic renewal impossibility due to lack of funds, you shall be informed by e-mail and the Membership services shall further not be available to you. californiaphone.directory reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. If you have any objections, or believe that your Membership has been cancelled by our Service in error, please contact us on our Customer Service e-mail, in order to resolve the issue and possibly renew your subscription.
The Service may offer limited Membership Trials, in which case the Users shall be requested to input details of their respective billing accounts. Membership Trial terms are free of charge for a limited period of time, after which the Membership plan charge shall be billed from the User’s billing account. Such automatic billing may be prevented by cancelling your Trial subscription prior to the expiry of the Membership trial Term in the User’s User Profile settings or by contacting us at least 3 (three) days in advance through our Customer Service e-mail.
Limitation on Premium Memberships
Some of our Memberships may offer “Unlimited Searches” in respect to basic profile searches. However, each membership comes with a specific premium profile access limitation. Please see the Membership Terms details prior to making an informed decision based on your specific preferences and/or needs. Any scrapping, automated collection, harvesting via any compiled source code shall be grounds for effective termination of the Premium Membership.
Our Memberships aside from the limited Membership Trials require payment by you by the applicable and available methods of payment towards the Service. You hereby agree that your provided billing information shall be used for authorizing transactions that are required in order to pay the due amounts as payment for your access to our Membership plans’ services. YOU HEREBY EXPLICITLY AUTHORIZE US TO: – Submit a transaction using the payment details you have provided to us and – Submit automatic recurring transactions without exclusion to those on a monthly, quarterly, bi-annual or annual basis “Membership Service” or “Membership” for Membership renewals; and – Obtain automatic updates for cards provided to us. The Service hereby reserves the right to increase the amount of fees and rates payable to you upon a written notice sent via e-mail to you, provided that any such increase shall not be more than once in a consecutive 12 (twelve) month period. Your authorization and consent may be revoked on your behalf at any time for any of the aforementioned operations. Without a viable source of payment for your recurring membership plan your membership shall be terminated effectively as of the due date for the membership term. All applicable fees do not include any applicable sales, use, value-added and other taxes, or other similar charges. The User is solely responsible for payment of all such and any related penalties and interest, arising from the payment of the fees, the delivery of the Service, or performance of any other services by californiaphone.directory.
Users may cancel their Membership at any point in order to avoid being billed for a subsequent Membership Term using the contact form as provided on our Website, or by requesting cancellation effective as of the expiry of the current Membership term sent to our Customer Service e-mail. Your current Membership term may be changed for another Membership plan by changing the settings in your User Account. Already paid Membership plans are final and no refunds shall be issued for previously unused Membership terms, provided that the User is not on a Trial membership.
Returns and Refunds
Aside as set forth in these Terms of Service or the Membership Terms listed on our Website, any payments are non-refundable and not eligible for any returns or exchanges due to the nature of the services provided.
Users may be offered with some services that are available as pay-per-use. The Payment is due prior to access or usage of the specific pay-per use service in accordance with the purchase order. Pay-per-use Services are billed in the same manner as Membership Plans. If you have any concerns regarding the quality, or are not satisfied with the quality of the provided pay-per-use service, please contact us on our Customer Support e-mail. The Service may, in sole discretion, issue up to 1 (one) replacement of the pay-per-use service at no additional cost to you.
californiaphone.directory may have included functionalities, in which Users are allowed to post submissions of any kind. For the purposes of this document, submissions shall be considered any types of text, pictures, video, sound or other multimedia files which the User is allowed to submit via the californiaphone.directory Website. Submissions are to be added by Users submitting these text or multimedia files to the service. Upon sharing the user submission, the User submitting hereby warrants and represents that the submission is free of any legal deficits, without limitation to copyright, rights related to copyright and intellectual property rights. The User shall not use the californiaphone.directory Website as a forum to express bigotry, racism, intolerance, anything obscene, profane, morally and ethically incorrect, libelous or defamatory towards any individual, person or group, whether they are Users of the californiaphone.directory Website or not.
For the purposes of this Agreement, a User Submission is any form of digital communication, comments, materials, files or other types of supported submissions by the Service. Upon uploading a User Submission, the Uploading User represents and warrants its lack of legal deficit(s) or claims from any affected third parties.
Upon sharing your user submission, you retain all proprietary rights you own or hold towards the user submission, but, for purposes of displaying the user submission in publicly available places, grant californiaphone.directory a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users.
The Service reserves all discretional rights as per the Terms of Service in cases that the user submission provides to be a material breach to this Policy’ or the Terms of Service’s provisions. The Service may further use the user submission as cause, evidence or supporting material in cases where the Service’s rights are violated, in order to proceed with such cases in dispute-resolving procedures or in a court of law.
By sharing any materials in the Service the User declares that he/she is the author of these materials or holds the rights and approvals required by law for them to be uploaded in the Website or that the materials uploaded by him/her originate from a legal source.
No transfer of right, title or property is to be executed implicitly by sharing and uploading a User Submission on the Service. The User Uploading the User Submission shall retain all right, title and property to the User Submission. The User Uploading, by uploading the User Submissions licenses the Service in order to display, share and publish the User Submission to the Service. This license is, at any time, revocable by the User Uploading the User Submission. Deletion of the User Submission implies an automatic termination of the aforementioned license
Third-Party Services. Defective performance of third-party Service providers.
The Service allows you to gather data from third-party services and data sources, without exclusion to third-party Websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization, if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data.
This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data.
Third-party services and Websites may be made available throughout the Service. In order for you to use these third-party services, you must read and understand all usage restrictions and other Terms and Policies of the appropriate third-party service and/or Website. This Service disclaims all liability arising out of defective performance of linked services and/or Website, unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or Website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or Website, and you further understand that you use the third-party service or Website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party Websites and/or services, unless expressly and appropriately stated within our Website.
This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.
Term of Agreement
This Agreement is concluded for an unlimited period of time. The Users may terminate this Agreement in a manner as regulated within this Clause.
Material Breach of this Agreement
The Service upon personal or reported inquiry may terminate this Agreement without prior notice upon finding out about a repeated and serious material breach of this Agreement’s provisions. The Service shall effectively terminate this Agreement and the individual User’s user account, payments and subscriptions and shall further handle the matter as prescribed within these Terms of Service.
Termination by User
The User may terminate this Agreement by means of deleting their respective User account either within the User Settings or by sending us a request e-mail on our contact e-mail address. The Service retains the right to retain necessary data in regards to User identification, in case of any claims or inquiries of authorized bodies. This agreement may be transferred to third parties (without limitation to: legal successors and/or heirs) under applicable law of probate.
Continuity of these Terms of Service
In the event that californiaphone.directory goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with californiaphone.directory). You will be notified via e-mail of any such change of ownership of your personal information.
Discontinuance of the provided Services
Limitation of Liability
YOU HEREBY AGREE TO INDEMNIFY AND HOLD californiaphone.directory, IT’S OWNER COMPANY, REPRESENTATIVES AND PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO: ATTORNEYS’ FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE californiaphone.directory’ WEBSITE, SOFTWARE OR SERVICES AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR RESTRICTION EXPLICITLY OR IMPLICITLY CONTAINED OR DERRIVED FROM ANY RELEVANT LEGAL THEORY ARISING FROM THIS AGREEMENT, ITS AMENDING APPENDIXES OR OTHER LEGALLY-BIDNDING AGREEMENTS.
YOU HEREBY AGREE AND FIND REASONABLE TO WITHOLD FROM ANY GROUP ACTION IN FRONT OF ANY COURT AND EXPLICITLY AGREE THAT ALL AND ANY DISPUTES OR CONTROVERSIES WILL BE HANDLED ON A CASE-BY-CASE BASIS, THUS WITHOLDING OF ANY CLASS ACTION OR SIMMILAR LAWSUITS OR OTHER LITIGATION PROCEEDINGS AGAINST THE SERVICE.
IF ANY LITIGATION IS TO OCCUR, YOU HEREBY EXPRESSLY AGREE THAT YOUR ACTION SHALL NOT SURPASS THE AMOUNT OF 100 CANADIAN DOLLARS, OR THE EXPENSES MADE WHILST USING THE SERVICE, BASED ON WHICHEVER IS GREATER.
THE USER SHALL WAIVE ALL RIGHTS ARISING FROM DISPUTING ANY LIMITATIONS SET FORTH IN THIS AGREEMENT TO THE GREATEST EXTENT AS PERMITTED BY APPLICABLE LAW>
californiaphone.directory’ WEBSITE, CONTENT AND SERVICES ARE ALL PROVIDED “AS IS”. californiaphone.directory DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. californiaphone.directory, ITS EMPLOYEES, OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPRESENTATIONS LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS. THE AFOREMENTIONED LIMITATIONS ARE VOIDED IN THE EXCLUSIVE CASE THAT californiaphone.directory HAS WILLINGLY VOIDED ITS LIMITATION OF LIABILITY IN A SPECIFIC SET OF TERMS AND/OR CONTRACT. LIMITATIONS APPLY IN THE CASE THAT californiaphone.directory HAD BEEN ADVISED OF THE POTENTIAL LOSS. californiaphone.directory DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, californiaphone.directory DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. californiaphone.directory IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF californiaphone.directory’ ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY CANADIAN GOVERNING LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH CANADIAN GOVERNING LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH IT IN ITS ENTIRETY.
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under Canadian Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with Canadian Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by Canadian law.
Jurisdiction and Tribunal
The parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of the Canadian Subsequently to the aforementioned; Canadian Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. The parties agree that the competent court shall be the court designated under Canadian law, in accordance with its statutory provisions.
Copyright and Trademark Policy
californiaphone.directory, its logo, any products, services, names or slogans contained within the Website, corporate correspondence or any other space distinguishing the Service are registered trademarks of californiaphone.directory, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights. Any sold, branded or re-sold products on our Website might contain symbols proprietary to their manufacturer.
The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect.
THE PARTIES AGREE TO SOLVE ALL DISPUTES OR CONTROVERSIES, INCLUDING THOSE ARISING FROM TERMINATION OF EMPLOYMENT IN A MANNER OTHER THAN FILING COURT ACTIONS. THE PARTIES AGREE TO ARBITRATION PROCEEDINGS ARISING OUT OF OR RELATING TO THE EXISTENCE, BREACH, TERMINATION, INTERPRETATION OR ENFORCEMENT OF THESE TERMS OF SERVICE, AS WELL AS YOUR ACCESS TO THE PLATFORM AT ANY TIME AS OF YOUR BINDING ACCESS TO THESE TERMS OF SERVICE.
THE PARTIES AGREE THAT THE ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH, WITH AN ARBITRATOR CHOSEN BY MEANS OF CONSENSUS BETWEEN THE PARTIES FROM THE LIST OF ARBITRATORS BY THE AMERICAN ARBITRATION ASSOCIATION. THE SEAT OF ARBITRATION SHALL BE CHOSEN BY THE PARTIES BY MEANS OF CONSENSUS.
THE USER HEREBY ACKNOWLEDGES AND AGREES TO HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS EXPLICITLY AGREED WITH THE COMPANY, IN WRITING, THE USER SHALL RESOLVE ALL DISPUTES BY MEANS OF BINDING ARBITRATION ON AN INDIVIDUAL, CASE-TO-CASE BASIS, AND SHALL WITHHOLD OF A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. ANY CONTRACTUAL PARTY TO THIS AGREEMENT MAY REQUEST INJUNCTIVE RELIEF ON THE BASIS OF APPLICABLE LAW.
ALTERNATIVE DISPUTE-RESOLUTION PREVENTS STATUTE BARRING OF THE RIGHTS AND OBLIGATIONS ARISING FROM THIS AGREEMENT. IF THESE DISPUTE-RESOLVING METHODS PROVE UNSUCCESSFUL, THEY ARE TO COMMENCE COURT PROCEEDINGS. IF ANY PROVISION OF THIS AGREEMENT IS, OR IS TO BE FOUND BY AN APPROPRIATE AUTHORITY, UNENFORCEABLE UNDER GOVERNING LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER PROVISIONS OF THIS AGREEMENT.