WEBSITE TERMS & CONDITIONS


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PicuP WEBSITE (the "Site"). By using this Site, you ("You", "Your" or "Customer") signify Your agreement to these Terms and Conditions, Privacy Policy, and other terms and policies. If you do not agree to these Terms and Conditions, do not use this Site. Net2Phone ("Net2Phone," "we," or "us") may modify these Terms and Conditions, the Terms of Service, Privacy Policy, and other terms and policies at any time and such modifications shall be deemed effective immediately upon posting of the modifications. You agree to review these Terms and Conditions, as well as the Terms of Service and Privacy Policy periodically to be aware of such modifications and your continued access or use of the Site. Your continued use of the Site following the posting of any changes to these Terms and Conditions, the Terms of Service, Privacy Policy, and other terms and policies constitutes acceptance of those changes. The PicuP Service sold, distributed or provided by Net2Phone shall hereinafter be referred to as the "Service".

Your use of a particular web site included within the Site may also be subject to additional terms outlined elsewhere in these Terms and Conditions (the "Additional Terms") that will further govern Your use of the particular service and supplement these Terms and Conditions. If You choose to register for or access any such service, You will be presented with any relevant additional terms and conditions at that time.

The Site is expressly not intended for use by anyone under the age of eighteen (18). You must be at least eighteen (18) years of age to use any Service, provide any personal information to Net2Phone, or otherwise submit personal information through any Service (including, for example, a name, address, telephone number, or email address). You agree that Your use of the Site and the Internet, without limitation, is Your sole responsibility, is solely at Your own risk and is subject to all applicable local, state, national and international laws and regulations.

Site Content

Under no circumstances will Net2Phone be liable in any way for any data or other content available on the Site, viewed or actions taken while using the Services, including, but not limited to, any errors or omissions in any such data, content or activity or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data, content or activities incurred from the actions taken on the Site. Net2Phone does not endorse and has no control over what users or web site visitors post, submit to or do on the Site. Net2Phone reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate Your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Net2Phone reserves the right to investigate and take appropriate action against anyone who, in Net2Phone's sole discretion, is suspected of violating these Terms and Conditions, including without limitation, reporting Customer to law enforcement authorities.

Third Party Materials

Certain content, products, and services that may be made available via the Site may include materials from third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Net2Phone is not in any way responsible for any such use by You.

Third-Party Links

You may encounter links to this Site on third-party websites. Net2Phone may also display on this Site links to third-party websites. Third-party links are provided to You by Net2Phone solely as a convenience. Access to any of the third-party web sites linked to from any other web site is entirely at Your own risk and is solely governed by the terms and policies applicable to third party web sites, and not these Terms and Conditions. Accordingly, You should carefully review the privacy and other policies and terms of such third-party websites. The inclusion of a link to third party sites does not imply endorsement of the website by Net2Phone or any association with its operators. Net2Phone in no way implies affiliation, endorsement, or adoption of any linked website, of the owner or operator of such a site, or of any content displayed on such a site. Net2Phone does not control in any way such third-party websites. Net2Phone accepts no responsibility for—and otherwise makes no claim or representation regarding—the quality, content, or reliability of third-party websites or services accessible by link from this Site, or third-party websites linking to this Site. When leaving the Site using a link, You should be aware that these Terms and Conditions no longer govern Your use of or access to whichever website You may view. You should therefore review the terms of use and privacy practices and procedures of that website.

In addition, certain areas of the Site may contain content from other users, and Net2Phone assumes no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or similar Services reflecting user-generated content, and we do not endorse any advice or opinion contained therein. Net2Phone makes no representation that materials on its Site(s) are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.

Intellectual Property

The following provisions shall govern Your use of Net2Phone’s intellectual property:

Trademarks

Net2Phone respects the intellectual property of others and expects others to do the same. In order to protect the integrity of its trademarks, Net2Phone prohibits You from using any trademark or service mark appearing on this Site without the prior written consent of Net2Phone or the third-party owner of such mark. PicuP, Net2Phone and the Net2Phone and PicuP design logos are registered trademarks and/or service marks of Net2Phone or its parent or subsidiaries. Other trademarks appearing on this Site or other sites linked to from this Site are the property of Net2Phone or their respective owners, who may or may not be affiliated with or connected to Net2Phone or the Services corresponding to this Site.

Registration Information; User Name and Password

If You access the Site anonymously, You will not be required to create a user name. However, in order to access certain products or services, you may be required to provide specific information and to create a user ID and password to establish an account. You represent and warrant that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are solely responsible for the security of all of Your user names, passwords and registration information, and You are solely responsible for any use (authorized or not) of Your accounts. Net2Phone assumes no liability with respect to the security of Your account against third parties seeking to access such accounts. You agree that You will not to transfer Login, email address or password, or lend or otherwise transfer use of or access to the Service, to any third party. You agree to notify Net2Phone immediately of any unauthorized activity regarding any of Your accounts or other breach of security. Net2Phone may in its discretion suspend or terminate any of Your user names and passwords at any time with or without notice.

Management of Your Data

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is solely Your responsibility to ensure Your computer system complies with these requirements. You agree that You are solely responsible for maintaining the security of Your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. Net2Phone is not responsible for back-up or restoration of Your information or for any loss of or disablement of access to Your information.

We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Net2Phone servers for back-up and maintenance purposes; and (b) block or remove any unlawful content You store on or transmit to or from any Net2Phone server. We do not guarantee the protection of Your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

Access to Your Account(s)

Net2Phone is entitled to disable Your account at any time and without observing any notice period if (i) You are in breach of these Terms and Conditions, (ii) Net2Phone believes that You have demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Terms and Conditions, (iii) Net2Phone or any supplier or partner of Net2Phone providing the Services to or together with Net2Phone decide to terminate the provision of the products and/or services or any parts thereof where You are using such products and/or services or if any supplier or partner of Net2Phone decides to terminate the entire relationship with Net2Phone and regardless of the reason of such termination, including where Net2Phone or any supplier or partner of Net2Phone are of the opinion that the provision of the Services or parts thereof to You or to Net2Phone or together with Net2Phone are no longer commercially feasible; (iv) or any supplier or partner of Net2Phone providing the Services to or together with Net2Phone are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful). The termination of this these Terms and Conditions shall have no prejudice to any rights, obligations and liabilities that You or Net2Phone have accrued or incurred up to the date of termination.

You are responsible for all activities under Your account, including the use of Your account and User ID by others. You are responsible for keeping Your password confidential. You may use the Services for lawful purposes only. You may not submit or transmit through the Site any material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including and its employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • violates these Terms and Conditions, or any policy posted on the Site, or
  • interferes with the use of the Site or the Service by others.

You may not use the Site or the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

If Net2Phone believes that the Site or the Service is being used in any of the aforementioned ways, Net2Phone may forward the relevant communication and other information, including Your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Net2Phone reserves the right, subject to applicable law, to provide information in response to law enforcement requests, subpoenas, court orders, to protect Net2Phone's rights, property and customers. Net2Phone reserves all of its rights at law and equity to proceed against anyone who uses the Site or the Service in any manner except as authorized hereunder.

Grant Of Limited License

By posting or submitting content to the Site, You:
- grant Net2Phone and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, web sites and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Net2Phone will not infringe or violate the rights of any third party.

Disclaimer Of Warranties

Net2Phone does not guarantee Your ability to access the Site or that the Site is secure or will meet your needs. All materials, information, software, products, and services included in or available through the Site (the "Content") are provided "as is" and "as available" for Your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Net2Phone, its parent, subsidiaries, and its licensors do not warrant that the Content is accurate, reliable or correct; that the Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. Your use of the Site is solely at your risk.

Limitation of Liability

Under no circumstances shall Net2Phone, its parent, subsidiaries and affiliates, employees, officers, directors resellers, contractors and licensors be liable for any indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Net2Phone has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Net2Phone's liability in such jurisdictions shall be limited to the extent permitted by law. Net2Phone, its parent, subsidiaries and affiliates, and their employees, officers, directors contractors and licensors entire liability with respect to Your use of the Site shall be limited to proven direct damages in an aggregate amount not to exceed the amount paid by You to Net2Phone for the Service during the one (1) month immediately preceding the month in which the cause of action arose.

Indemnification

You agree to defend, indemnify, and hold harmless Net2Phone and its parents, subsidiaries and affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use or misuse of the Site. Net2Phone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Net2Phone in asserting any available defenses.

Choice Of Law & Forum

You agree that You may only resolve disputes with Net2Phone on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You hereby acknowledge that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are hereby waived by You. You agree that regardless of any statute or law to the contrary, any suit arising out of or related to these Website Terms and Conditions must be filed within one (1) year after the earlier of: (a) when such claim or cause of action arose or (b) termination of Service to Customer, or be forever barred. These Website Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any conflict of law principles thereof which might require the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Website Terms and Conditions, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association ("Rules"). One arbitrator shall be chosen in accordance with the Rules. The Parties agree that all proceedings shall take place in the State of New Jersey, Essex County. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding and may be enforced in any court of competent jurisdiction.

Severability And Integration

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between You and Net2Phone with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Net2Phone with respect to the Site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.