|
IMPORTANT - READ CAREFULLY
READ
THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO
CLICKING THE "SIGN UP" BUTTON, BY INDICATING YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT, YOU ("The Subscriber") ACKNOWLEDGE AND AGREE
TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE
SERVICES PROVIDED BY VMB Corp.. IF Subscriber IS NOT WILLING TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF THE
Subscriber IS NOT OF AGE, OR IS OTHERWISE UNABLE BY LAW TO BE A
PARTY TO THIS AGREEMENT, THE Subscriber SHOULD PROMPTLY EXIT FROM
THIS WEB PAGE. VMB Corp. RESERVES THE RIGHT TO DISCONTINUE SERVICES IN
THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND
CONDITIONS CONTAINED HEREIN.
1.
GRANT OF RIGHTS TO USE SERVICES.
Effective
upon acceptance of this Agreement, VMB Corp. hereby grants to
Subscriber a nonexclusive, nontransferable, free-of-charge license
to access and use the Services, for Subscriber's use.
Subscriber
shall have no right to sell use of the Services nor make any claim
that it does have such right.
The
Services will allow Subscriber to perform various functions
sending prerecorded audio/voice messages to predetermined phone
numbers.
The
Service will allow Subscriber to perform various functions setting
up various pre-recorded audio voice messages and menu options that
would allow callers to listen and respond to various voice
prompts.
Subscriber
is solely responsible for obtaining all equipment and approvals
necessary for connection to the World Wide Web and all charges
associated with such connection to the World Wide Web and phone
service charges.
2.
SUBSCRIBER REGISTRATION
Subscriber
will provide all relevant data to VMB Corp. upon signing up for the
Services and at subsequent times as requested by VMB Corp..
Subscriber
acknowledges that VMB Corp. may distribute the registration data to
third parties, provided, however, Subscriber's name, address (home
and email) and telephone number will not be distributed, unless
required by law, or in the event Subscriber grants VMB Corp. the right
to provide that information.
Subscriber
shall update the registration data as applicable.
Upon
completion of all registration information and acceptance of this
Agreement, Subscriber will establish a UserName and Password.
Subscriber
is solely responsible for maintaining the confidentiality of
Subscriber's UserName, Password, and Mailbox.
Subscriber
shall not give account information to third parties and shall at
all times be responsible and liable for any transactions or
activities that originate from Subscriber's account.
Subscriber
shall immediately notify VMB Corp. if any unauthorized use of
Subscriber's account has occurred or of any other breach of
security.
Please
refer to our Privacy Policy for more details.
Subscriber
understands and agrees that Subscriber and, if applicable,
Subscriber's company will assume all financial responsibilities
for use of VMB Corp. services originating from Subscriber's account by
Subscriber or others.
3.
VMB Corp.'S RIGHTS
VMB Corp.
shall retain all right, title and interest to the Services
including all copyrights, trademarks and all other intellectual
property right there to.
Subscriber
may not, nor allow any third party, to copy, distribute, sell,
disclose, lend, transfer, convey, modify, decompile, disassemble
or reverse engineer the Services and no use of trademarks is
granted under this Agreement.
The
copyright notices and other proprietary legends shall not be
removed from the Services and no use of trademarks is granted
under this Agreement.
Subscriber
may not grant any sub-license, leases or other rights in the
Services to any third party. All rights not expressly granted
under this Agreement are retained by VMB Corp..
4.
TERMINATION
Either
party may terminate this Agreement upon notice to the other party.
VMB Corp.
reserves the right to suspend, deny or terminate Subscriber's
service if VMB Corp., at its sole discretion, believes Subscriber is
using or plans to use VMB Corp. services in a manner that is unlawful,
abusive, prohibited by the VMB Corp. Terms of Service or if
Subscriber's use or planned use of VMB Corp. services creates or could
create a potential adverse impact to VMB Corp.'s ability to provide
service to others.
Upon
termination, Subscriber shall immediately cease to use the
Services and VMB Corp. shall have no further obligations whatsoever to
Subscriber.
VMB Corp.
shall not be liable to the Subscriber or any third party for any
reason for VMB Corp. terminating this Agreement.
5.
LIMITATION OF LIABILITY
In
no event shall VMB Corp. be liable to Subscriber or any third party
for special, indirect, incidental or consequential damages whether
arising under contract, warranty, or tort (including negligence or
strict liability) or any other theory of liability. VMB Corp.'s
liability for damages, regardless of the form of the action, shall
not exceed the license fee paid by Subscriber for the Services, if
any. The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this Section
will survive and apply even if any limited remedy specified in
this Agreement is found to have failed of its essential purpose.
6.
WARRANTY DISCLAIMER
The
Services licensed thereunder are licensed "as is" and
"as available" and VMB Corp. makes no warranties, express or
implied, including but not limited to the implied warranties of
merchant ability and fitness for a particular purpose and any
similar warranty whether said warranty arises under provisions of
any law of the United States or any state thereof. VMB Corp. makes no
representations or warranties that the services are free of
rightful claims of any third party for infringement of proprietary
rights. The entire risk associated with the use of the Services
shall be borne solely by Subscriber.
VMB Corp.
makes no warranty that the Services will meet Subscriber's
requirements, or that the Services will be uninterrupted, timely,
secure, error free or that any defects in the Services will be
corrected.
VMB Corp.
Outbound service is a nonrefundable, nonreturnable,
non-exchangeable prepaid service. All purchases are final. Unused
balances are nonrefundable.
Monthly
Reoccurring charge and service charges are prepaid on a monthly
basis. Additional minute charges are billed the month following
the month additional minute charges are incurred.
Calls
are billed in 60 second increments.
VMB Corp.
does not make any warranty pertaining to any goods or Services
purchased, obtained, secured or acquired through the Services or
any transaction entered into through the Service.
VMB Corp.
does not warrant the accuracy or reliability of the results
obtained through use of the Services or any data or information
downloaded or otherwise obtained or acquired through the use of
the Services. Subscriber acknowledges that any data or information
downloaded or otherwise obtained or acquired through the use of
the Services are at Subscriber's sole risk and discretion and
VMB Corp. will not be liable or responsible for any damage to
Subscriber or Subscriber's property.
Subscriber
will not rely on any representation or warranty implied or
expressed by any persons other than an authorized member of VMB Corp.
LLC with regards to VMB Corp. products and services.
7.
RETURN POLICY
VMB Corp.
offers a 30 day satisfaction guarantee. This means the following:
if the user can provide proof that (1) any call was not actually
delivered but was reported as delivered and the user's account was
debited for the call or (2) the call was delivered more than the
number of times the phone number appeared in the call list used
and the user's account was debited for the calls, VMB Corp. will
credit or refund the amount pertaining to the call(s) in dispute.
VMB Corp. has 30 days from the date of the notification of the dispute
to resolve the dispute. All disputes must be in writing and
emailed to support@VMB Corp..com.
8.
INDEMNIFICATION
Subscriber
shall indemnify and hold harmless VMB Corp., its directors, officers,
employees and agents from and against all liabilities, losses,
costs, expenses (including reasonable attorneys' fees), and
damages resulting from any negligent acts, omissions or willful
misconduct by Subscriber, Subscriber's use of the Services and any
breach of the terms and conditions of this Agreement by Subscriber
including any violation of this agreement by subscriber or any
other person using subscribers account including but not limited
to any violation of any federal or state laws or regulations.
9.
MODIFICATION TO SERVICES
During
the term of this Agreement, VMB Corp. may modify or discontinue the
Services.
VMB Corp.
shall not be liable to the Subscriber or any third party for any
reason for VMB Corp.'s modifying or terminating of such Services.
The
Subscriber is responsible for creating a back-up copy of any
important or critical information that is stored on the Service
prior to storing on the VMB Corp. system.
10.
MODIFICATION TO AGREEMENT
VMB Corp.
may automatically amend this Terms of Service Agreement at any
time by (i) posting a revised agreement on the VMB Corp..com Web site,
and/or (ii) sending information regarding the Terms of Service
amendment to the email address Subscriber provides to VMB Corp..com.
Subscriber is responsible for regularly reviewing the VMB Corp..com
Web site to obtain timely notice of such amendments. Subscribers
will be deemed to have accepted these amended VMB Corp. Terms of
Service if Subscriber continues to use VMB Corp. service after such
amended Terms of Service have been posted or information regarding
such amendment has been sent to Subscriber. Otherwise, this Terms
of Service Agreement may not be amended except in writing signed
by both parties.
11.
RULES AND REGULATIONS
Subscriber
shall be fully and solely liable for any prerecorded audio, voice
transmissions sent through the Service. VMB Corp. has no control over
the content of any transmission or the destination such
transmission will be sent nor will it be liable for such content.
Subscriber
shall not use the Services to create or distribute any images,
sounds, messages or other materials, which are obscene, harassing,
racist, malicious, fraudulent or libelous, nor use the Services
for any activity that may be considered or are unethical, immoral,
or illegal.
Further,
Subscriber will abide by all rules, regulations, procedures and
policies of VMB Corp. and any policies of the networks connected to
the Services.
Subscriber
is fully and solely responsible to be aware of, understand, and
comply with all of the rules and regulations applicable to
Subscriber's use of VMB Corp. service including but not limited to
Federal Trade Commission rules and regulations, Federal
Communication Commission rules and regulations, National Do Not
Call Registry rules and regulations and individual state Do Not
Call rules and regulations along with any other federal, state or
local laws that may be applicable to subscribers use of VMB Corp.
service. Subscriber agrees not to violate these, or any other
applicable Federal or State laws and represents and warrants that
subscribers use of VMB Corp. will not cause VMB Corp. to violate these or
similar laws.
Subscriber
is fully and solely responsible to be aware of, understand, and
comply with the anti-solicitation provisions of the Federal
Telephone Consumer Protection Act of 1991, and any amendments
thereto, at 47 U.S.C. � 227, the Federal Communications
Commission's implementing regulations, at 47 CFR � 64.1200
et seq., and any other similar laws. Subscriber agrees not to
violate these, or any other applicable federal, state or local
anti-solicitation laws, and represents and warrants that its use
of VMB Corp. will not cause VMB Corp. to violate these or other similar
laws.
Subscriber
agrees that it is the sole responsibility of the Subscriber to
abide by any laws defined by the State or Federal Government in
which Services will be applicable. Subscriber understands and
agrees that VMB Corp. will not be held responsible for damages to the
Subscriber or any third party incurred due to Subscriber's failure
to abide by State and/or Federal laws. Please refer to the
Telephone Consumer Protection Act of 1991. You may visit the
Federal Communications Commission Web site at http://www.fcc.gov
and the Federal Trade Commission Web site at http://www.ftc.gov.
Please refer to the appropriate State Attorney Generals office or
other applicable offices for telemarketing rules and or
regulations pertaining to your intended application and use of the
Service.
Currently
there are no numerical limits to the amount of transactions a
Subscriber may send through the Services, however, VMB Corp. may set
numerical limits by notifying Subscriber. Subscriber agrees to
abide by all applicable local, state, national and international
laws and regulations and is solely responsible for all acts or
omissions that occur under Subscriber's UserName and Password,
including the content of Subscriber's transmissions through the
Service. By way of example, and not as a limitation, Subscriber
agrees not to:
Use
the Service in connection with the delivery or transmission of
unsolicited messages (commercial or otherwise) or spamming.
Create
a false identity, caller id, or forged email address, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of the message.
Transmit
through the Service unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature.
Transmit
any material that may infringe the intellectual property rights or
other rights of third parties, including trademark, copyright or
right of publicity.
Transmit
any material that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs.
Violate
any U.S . law regarding the transmission of technical data or
software exported from the United States through the Service.
Interfere
with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
Attempt
to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means.
Interfere
with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
12.
THIRD PARTY ADVERTISER
Subscribers
may enter into transactions with advertisers on the Services.
Such
transactions are between Subscriber and advertisers and VMB Corp. has
no connection with any such transaction.
VMB Corp.
assumes no liability for any such transactions.
13.
GENERAL
This
Agreement merges all prior written and oral communications and
defines the entire agreement of the parties concerning the
Services.
In
the event any portion of this Agreement shall be held illegal,
void, or ineffective, the remaining portions hereof shall remain
in full force and effect and such illegal, void or ineffective
provisions shall be construed, as nearly as possible, to reflect
the intentions of the parties.
All
notices under this Agreement shall be in writing and delivered by
email.
This
Agreement shall be construed in accordance with the laws of the
State of Illinois without regard to its conflict of laws
provisions. VMB Corp. and the individual Subscriber and, if
applicable, the Subscriber's company will submit to the
jurisdiction of the State and Federal courts of Illinois .
Subscriber
agrees and acknowledges that any breach of the provisions
regarding ownership contained in this Agreement shall cause VMB Corp.
irreparable harm and VMB Corp. may obtain injunctive relief as well as
seek all other remedies available to VMB Corp. in law and in equity.
Subscriber
shall not assign its rights under this Agreement. This Agreement
shall be binding on and inure to the benefit of the parties, their
successors, and permitted assigns and legal representatives.
The
failure of VMB Corp. to exercise its rights under this Agreement will
not be construed as a waiver of such rights, nor will it any way
affect the validity of this Agreement. Sections 5, 6, and 7 shall
survive termination or expiration of this Agreement for any
reason.
IF
YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND
CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB
PAGE.
IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE
Do you have
Questions? Are you interested in VMB Corp.?
702-932-3434
- Las Vegas
212-202-1475
- New York City
Ask for
Mike.
|
