Terms of Use
The following are the rules or
"Terms of Use" (“Terms”) that govern use of the TracfoneCastingCall.com web
site and the Services offered on the Site such as downloads, chat, searches,
links, commerce, etc. (collectively, "Site"). By using the Site, you agree
to be bound by these Terms and to follow these Terms and all applicable laws
and regulations governing the Site. TracFone Wireless, Inc. reserves the
right to change these Terms at any time, effective immediately upon posting
on the Site.
Permitted Use.
You are only authorized to view and to retain a copy of pages of this Site
for your own personal use. Do not duplicate, publish, modify or otherwise
distribute the material on this Site unless specifically authorized by
TracfoneCastingCall.com to do so. The content and software on this Site is
the property of TracFone Wireless, Inc. and/or its suppliers and is
protected by U.S. and international copyright laws. We post a legal notice
and various credits on pages of the Site. Please do not remove this notice
or these credits, or any additional information contained along with the
notices and credits.
User Contributions to the
Site. There are many
opportunities for you to contribute to the Site and/or to communicate with
other users of the Site. These include, among others, uploading music,
video, lyrics, articles, links or other materials, even software, which
collectively, we call "Content" to the Site. TracFone Wireless, Inc. is not
liable or responsible for any Content provided by its users or other third
parties to the Site or to other users of the Site by email ("User
Content"). The contributions of third parties do not necessarily represent
the view or opinions of cannot preview User Content before appears or is
sent to another user. Users can be held liable for any illegal or
prohibited User Content they provide to the Site or to other users,
including among other things, infringing, and defamatory or offensive
materials. However, if you discover this kind of material on the Site,
please notify us at customerservice@TracfoneCastingCall.com. We will
investigate your claim and take appropriate action.
Links and Search Results.
The Site may automatically produce search results that reference or links to
third party sites throughout the World Wide Web. TracFone Wireless, Inc has
no control over these Sites or the Content within them. TracFone Wireless,
Inc cannot guarantee, represent or warrant that the Content contained in the
Sites is accurate, legal and/or inoffensive. TracFone Wireless, Inc does
not endorse the Content of any third party Site, nor do we warrant that they
will not contain viruses or otherwise impact your computer. By using the
Site to search for or link to another site, you agree and understand that
you may not make any claim against TracFone Wireless, Inc for any damages or
losses, whatsoever, resulting from your use of the Site to obtain search
results and/or to link to another site. However, if you have a problem with
a link from the Site, please let us know at
customerservice@TracfoneCastingCall.com and we will investigate the link
and take appropriate action.
Prohibited Content.
The following is a partial list of the kind of Content which is illegal or
prohibited on the Site or via email accessed through the Site. It includes
Content that:
Is patently
offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
Is or could
be harmful to minors;
Involves the
transmission of "junk mail", "chain letters", or unsolicited mass mailing or
"spamming";
Promotes
information that you know is false, misleading, or promotes illegal
activities or conduct, is abusive, threatening, obscene, defamatory or
libelous;
Is or
promotes an illegal or unauthorized copy of another person's work, such as
providing pirated computer programs or links to them, provides information
to circumvent manufacture-installed copy-protect devices;
Contains
restricted or password only access pages, or hidden pages or images (those
not linked to or from another accessible page);
Displays
pornographic material of any kind;
Provides
material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
Provides
instructional information about illegal activities such as making or buying
illegal weapons; violating someone's privacy; providing or creating computer
viruses;
Solicits
passwords, personal identifying information for commercial or unlawful
purposes from other users;
Engages in
commercial activities and/or sales without TracFone Wireless, Inc’s prior
written consent such as contests, sweepstakes, barter, advertising, pyramid
schemes, etc.;
Involves
sending unsolicited and/or unauthorized email to third parties.
Violation of the Terms.
You understand and agree that in its sole discretion, and without prior
notice, TracFone Wireless, Inc may terminate your access to the Site, to any
email services offered on the Site, and remove any unauthorized User
Content, if TracFone Wireless, Inc believes that the User Content you
provided has violated or is inconsistent with the Terms or with the
intention behind them, or that you have violated the rights of TracFone
Wireless, Inc, another User or the law. TracFone Wireless, Inc may release
user information about you if required by law or subpoena, or if the
information is necessary or appropriate to release to address an unlawful or
harmful activity.
Copyright Policy. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where
the material that you claim is infringing is located on the our Site; your
address, telephone number, and email address; a written statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Termination of User Privileges
for Infringement and Contact Information for Suspected Copyright
Infringement:
TracfoneCastingCall.com will terminate the privileges of any user who uses
his or her account privileges to unlawfully transmit copyrighted material
without a license, valid defense or fair use privilege to do so. In
particular, users who submit User Content to this Site, whether re-recorded
music (regardless of format), photographs, articles, images, software or any
other copyrightable material must ensure that their uploading does not
infringe the copyrights of third parties. After proper notification by the
copyright holder or its agent to TracfoneCastingCall.com and later
confirmation through court order or an admission by the user that an account
has been an instrument of unlawful infringement, TracfoneCastingCall.com
will terminate the infringing user's account.
TracFone
Wireless, Inc may also in its sole discretion decide to terminate a
subscriber's account privileges prior to that time if it has good faith
belief that infringement has in fact occurred. If you believe that your
copyright has been infringed through the use of a TracfoneCastingCall.com
account, please contact
customerservice@TracfoneCastingCall.com.
Privacy.
We believe that your privacy and the privacy of all our users is important.
Please review our Privacy Policy. If you post any original Content
to the Site, by electronic mail or otherwise, we will treat it as
non-confidential and non-proprietary to you. By posting it to the Site, you
authorize us to use or allow others to distribute, reproduce or otherwise
use the Content. TracFone Wireless, Inc. is not liable for any lost data
resulting from the operation of our Site and/or the enforcement of the
Terms. We urge all users to maintain their own backup versions of any
content they submit to the Site.
This Site is not intended for
use by persons under the age of 13. Individuals who are under
13 are expressly prohibited from posting any personally identifiable
information about themselves or from uploading any Content to the Site.
U.S. Export controls.
Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
DISCLAIMER
TracFone Wireless, Inc. does not
promise that the Site or any services, such as email, links or searches
offered on the Site will be error-free, uninterrupted, nor that it will
provide specific results from use of the Site or any Content, search or link
on it. The Site, and its Content are delivered on an "as-is" and
"as-available" basis. TracFone Wireless, Inc. can not ensure that files you
download from the Site will be free of viruses, Trojan horses, bugs,
contamination or destructive features. TracFone Wireless, Inc. disclaims
all warranties, express or implied, including also any implied warranties of
merchantability and fitness for a particular purpose. TracFone Wireless,
Inc. will not be liable for any damages of any kind arising from the use of
this Site, including without limitation, direct, indirect, incidental,
punitive and consequential damages.
Disputes.
If there is any dispute about or involving the Site, by using the Site, you
agree that the dispute will be governed by the laws of the State of Florida
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State of
California, County of Orange.
Indemnity.
You agree to indemnify and hold TracFone Wireless, Inc, Opus One
Corporation, their subsidiaries, affiliates, officers, agents and other
partners and employees, harmless from any loss, liability, claim or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of your use of the Site, including also your use of the Site to
provide a link to another Site or to upload content or other information to
the Site.