qiovoip.cn - Terms of Service of QioVoip

QioVoip - Terms of Service of QioVoip

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QioVoip - Terms of Service of QioVoip QioVoip - TERMS OF SERVICE (Effective Date: January 2016) qiovoip.cn (“Company”, “we” “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions workable to the use of the QioVoip™ VoIP service made misogynist through www.qiovoip.cn (the “Site”) and our applications for mobile platforms or devices and our web applications wieldy on third party social networking services (“SNS”) (collectively, our mobile and web applications are referred to herein as, the “Applications”). The Site and Applications are referred to herein collectively, as the “Services”. Your use of the Service is subject at all times to these TOS, the qiovoip.cn Privacy Policy (“Privacy Policy”) and any spare end user license agreements (the “EULA”) workable to software made misogynist to you in connection with the Service (the “Software”). Any inconsistencies between the TOS, the Privacy Policy or any EULA (if any) shall be resolved by theVisitorin its sole and wool discretion. As increasingly particularly described in the Service and subject to Company’s right to modify and discontinue in its sole and wool discretion, the Service includes the following: (i) calls between Registered Users (defined below) and (ii) calls between Registered Users and others who use a VOIP phone which theVisitorspecifies and pre-approves. EACH TIME YOU USE OR ACCESS THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE SERVICE. YOUR CONTINUED ACCESS AND USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. In some instances, both these TOS and separate terms of service, rules, policies or guidelines set along spare conditions that may wield to a Service or product offered by theVisitor(“Additional Terms”). To the extent there is a mismatch between the TOS and anySpareTerms, theSpareTerms will tenancy unless theVisitordetermines otherwise, in its sole and wool discretion. 1. LICENSE Grant. Subject to the terms and conditions of these TOS, the Privacy Policy and anySpareTerms (each of which are hereby incorporated by this reference), theVisitorhereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to use and exhibit the Service, and download, install and use the Software (excluding source code) related thereto on your computer, phone or PDA for the sole purpose of personally using the internet communications applications provided by theVisitorand any other applications that may be explicitly provided by the Company. TheVisitormay terminate this license without notice in the event you goof to comply with these TOS, anySpareTerms or the Privacy Policy. Upon termination of the license, you must immediately closure accessing or using the Service and any Software. Limitations. The license granted to you is subject to the pursuit limitations. You shall not or permit any other person to: in whole or in part, (1) modify or create any derivative work of the Service, includingVisitorMaterials (defined below) or Software, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise struggle to derive source code, underlying ideas, algorithms, structure, or organization of any Software; modify, yo-yo or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in anyVisitorMaterials or Software; sell, grant a security interest in or transfer reproductions of anyVisitorMaterials or Software to other parties in any way not expressly authorized herein; assign, rent, lease, distribute or license anyVisitorMaterials or Software to others; exploit the Service, including anyVisitorMaterials or Software, or any of its parts for any commercial purpose; use any third-party software to modify the Software; create or maintain, under any circumstance, any unauthorized connections to the Service. All connections to the Service may only be made through methods and ways expressly tried by the Company. Under no circumstances may you connect, or create tools that indulge you or others to connect, to the proprietary interface or interfaces other than those expressly provided by theVisitorfor public use; or if you wangle the Service from an SNS you shall comply with all terms of service, policies, rules and lawmaking of self-mastery workable to such SNS. Your failure to comply with the restrictions and limitations listed whilom and elsewhere in these TOS shall result in firsthand (without notice), will-less termination of the license granted hereunder, your Account, and may subject you to starchy and/or criminal liability. Utilization of Your Computer. The Software may utilize the processor and bandwidth of the computer (or other workable device) you are utilizing, for the limited purpose of facilitating the liaison between Software users. TheVisitorwill use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other workable device) you are utilizing and of your communication, however theVisitorcannot requite any warranties in this respect. If your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you unclose and stipulate that your license to use the Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by unsuspicious these TOS and using the Software, you have obtained such consent. NoWangleto Emergency Services. The Software is not intended to support or siphon emergency calls to any type of hospitals, law enforcement agencies, medical superintendency unit or any other kind of emergency service.. There are important differences between traditional telephone services and the Software. You unclose and stipulate that: (i) theVisitoris not required to offer wangle to emergency services under any workable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (mobile) or stock-still line telephone services that offer wangle to emergency services, and (iii) the Software is not a replacement for your primary telephone service. 2. IP OWNERSHIP Service. TheVisitorand/or its licensors retain sectional right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; razzmatazz copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel” of the Service; the compilation, turnout and wattle of the materials of the Service; and all other materials or content made misogynist on the Service (collectively, the “Company Materials”) and suchVisitorMaterials are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Trademark Notice. QioVoip™ and the QioVoip logo(s) are trademarks and service marks of theVisitorand/or its licensor(s). All rights are reserved. All other trademarks and service marks seeming in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited. Software. TheVisitorand/or its licensors retain sectional right, title and interest (including all intellectual property rights) in and to the unshortened content of the Service, including, without limitation, the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any related documentation, and “applets” incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of theVisitorand/or its licensors and are protected by the copyright laws of the United States, international copyright treaties and conventions, and/or other workable laws. Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the telescopic of these TOS. Any and all other third party software or technology that may be distributed together with the Software will be subject to you explicitly unsuspicious a license try-on with that third party. You unclose and stipulate that you will not enter into a contractual relationship with theVisitorregarding such third party software or technology and you will squint solely to the workable third party and not to theVisitorto enforce any of your rights. NoSpareRights. Only those licenses expressly set along in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, undertow of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from theVisitorand/or its licensors to you or any third party. If you are overly inadvertently or erroneous held or deemed to be the owner of any such rights, you stipulate to assign and hereby irrevocably assign to theVisitoror its licensors, as the specimen may be, all such rights as of the constructive stage of these TOS, and stipulate to execute all documents to implement and personize the letter and intent of the foregoing. 3. ACCOUNT REGISTRATION By completing the Service registration process, you may establish a registered user worth (“Account”) and wilt a registered user (“Registered User”), and wangle the Service. To create an Account, you must provide such information as may be requested during the registration process and any workable form(s). You must provide truthful and well-judged information during theWorthregistration process. Notwithstanding anything to the contrary,Visitormay legitimatize or reject yourWorthregistration using for any reason or no reason in its sole and wool discretion. All such decisions shall be final and under no circumstance shallVisitorbe obligated to provide any information regarding its decision-making process. TheVisitorwill notify you via email of its clearance of your registration to the Service and issue a single QioVoip login ID. To obtain spare QioVoip login IDs, you must submit spareWorthregistration applications. You are solely responsible for all worriedness on yourWorthand for the security of your computer system. You may not reveal yourWorthpassword to other Registered User or permit others to wangle your Account. TheVisitorwill not ask you to reveal your password or overly initiate any contact with you by asking for your personal information. If you forget your password, we will send it to you without we personize your identity. Notwithstanding anything to the undisciplined herein, you unclose and stipulate that you shall have no ownership or other property interest in the Account, and you remoter unclose and stipulate that all rights in and to theWorthare and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Service (including anyVisitorMaterials) may be transferred or prescribed by you (by operation of law or otherwise including at the time of receipt of your Account) to any third party without the prior written consent of the Company. Service Fees and Charges. You may create anWorthand use the Service by paying the applicable, point plan subscription fees, and/or such other Software-related use fees and charges which are increasingly particularly described in the Service. TheVisitormay charges spare fees to wangle unrepealable features of the Services or through authorized third party providers. Unless otherwise expressly well-set to in writing by the Company, all workable fees and other charges are payable in whop and are non-refundable unless expressly provided otherwise in these TOS. The Company, in its sole and wool discretion, may, from time to time, modify, amend, or supplement the Service fee terms and billing methods, and post those changes on the TOS page or elsewhere in the Service. Such modifications, amendments or supplements shall be constructive immediately upon posting in the Service. If any transpiration is unacceptable to you, you may cancel yourWorthat any time. In wing to the foregoing, you hereby unclose and stipulate that you shall solely be responsible for and withstand all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, welling out of your use of the Services. Billing Methods. Subject to technical problems and revisions to payment policies which may be instituted by theVisitorat any time without notice, you may pay for any workable Service fees and other charges by major credit vellum or such other methods expressly authorized in writing by the Company. When you provide credit vellum or other payment information to the Company, you represent to theVisitorthat you are the authorized user of such credit vellum that is used to pay the fees and charges workable to the subject Account. As theWorthholder, you are responsible for all fees and charges incurred, including workable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This ways that, unless yourWorthor payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account. Any dispute welling between you and any third party payment provider (including a credit vellum company) shall be resolved directly between you and such third party provider. Under no circumstances shallVisitorbe liable for any obligations incurred by you to such third party provider in connection with the use of the Service. You stipulate to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties welling from such dispute. Termination of Account. You have the right to terminate or cancel yourWorthat any time. You understand and stipulate that unless otherwise expressly provided for in these TOS, the quiescence of the use of the Service by canceling yourWorthis your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or welling out of: (i) any term of these TOS or the Company’s enforcement or using of these TOS, (ii) theVisitorMaterials and other content misogynist through the Service, (iii) your worthiness to wangle and/or use the Service and/or (iv) the value or type of fees, surcharges, workable taxes, billing methods, or any transpiration to the fees, workable taxes, surcharges or billing methods. You may cancel yourWorthby delivering an email notice to contact@qiovoip.cn. TheVisitorreserves the right to collect accrued and unpaid fees and charges and financing owed by you. TheWorthcancellation shall wilt constructive upon Company’s receipt of the authorized receipt request.Visitorreserves the right to collect accrued fees and charges and financing incurred byVisitorbeforeWorththe receipt becomes effective. In addition, you are responsible for any fees, charges and financing incurred to third-party vendors or content providers surpassing your cancellation. If you violate any of these TOS, theVisitormay issue you a warning well-nigh the violation, or we may segregate to immediately terminate your Account(s). You unclose and stipulate that theVisitormay terminate your Account(s) at any time for any reason or no reason in its sole and wool discretion. Moreover, if theVisitorterminates yourWorthbecause of your violate of these TOS, anySpareTerms or the Privacy Policy, theVisitorshall have no liability or responsibility to you or any third party. Moreover, in the event yourWorthis terminated or canceled as a result of your violate of these TOS, no points will be provided to you or converted to mazuma or other form of reimbursement, and you will have no remoter wangle to yourWorthor anything within Services associated with it. Under no circumstances shallVisitorbe responsible for storing anyWorthor Registered User information pursuit termination or receipt of an Account. Notwithstanding the foregoing,Visitormay, in its sole discretion, retain and use anyWorthor Registered User pursuit the termination or receipt of yourWorthin vibrations with the Privacy Policy. Refund Policy. All Service fees and/or charges incurred by a Registered User are non-refundable except in the limited circumstances described unelevated and subject to the remoter limitations set along below: If the Registered User who incurred the subject fees and/or charges can prove that the Registered User has been victimized by identity theft. Notwithstanding anything to the contrary,Visitormay reject your refund request if, in its reasonable judgment, it does not stipulate with your requirement that an identity theft or treason has occurred. All such decisions shall be final and under no circumstance shallVisitorbe obligated to provide any information regarding its decision-making process. If you terminate or cancel yourWorthas a result of Company’s material and verifiable violate of these TOS. Temporary interruptions in the availability of the Service for increasingly than 24 hours; provided, however, such interruptions are not due to regular maintenance of the Service or caused by the Registered User.All refund requests are subject to Company’s verification of the identity of the Registered User making the subject request and be made on a pro-rata understructure where applicable.Notwithstanding the foregoing, under no circumstances shallVisitorrefund any of the pursuit fees and/or charges: Any prepaid points or credits which are not uninventive directly from the Company. QioVoip Softphone fee. Expiration of Points. Subject to Company’s right to terminate or cancel yourWorthand the no-refund policy described above, the points purchased when you purchase a QioVoip plan are not subject to an expiration date. Moreover, if you do not use any points you purchase for increasingly than one (1) year,Visitorwill automatically void and delete all remaining points balance. Number Portability.Visitordoes not support in-bound or out-bound phone number portability. Specifically, you may not use a third party-issued phone number as part of the Service nor transfer a phone number issued by theVisitoras part of the Service to a third party under any circumstance. 4. MODIFICATIONS Terms of Service. TheVisitormay, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be constructive immediately upon posting in the Service. You are responsible for periodically checking the Service for changes to the TOS. If you do not stipulate to be unseat by (or cannot comply with) the TOS as modified or supplemented, you stipulate that your sole remedy is to closure using the Service by canceling your Account. Your unfurled use of the Service constitutes your try-on to be unseat by the modified TOS. Service. TheVisitorreserves the sectional right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Service, whether temporarily or permanently, in whole or in part. Any suchTranspirationshall be constructive immediately upon notice by posting on the Service or these TOS, or by any other method of notice theVisitordeems appropriate. Any wangle or use of the Service without such notice of Change, constitutes visa by you of such Change. Temporary interruptions in the availability of the Service may occur from time to time as normal events. You stipulate that neither theVisitornor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license. The Service may include technical inaccuracies, typographical errors or may enable you to wangle or download harmful or malicious lawmaking introduced onto the Internet by third parties. The Service is made misogynist internationally and may contain references to products, programs and services of theVisitor/or its licensors that are not misogynist in your location. Such references do not imply that theVisitoror its licensors intend to make misogynist such products, programs or services in your location. Software. TheVisitorand/or its licensors may deploy or provide patches, updates, upgrades, error corrections, bug-fixes, modifications and spare features or functions to any Software that must be installed for you to protract accessing the Service. TheVisitorand/or its licensors may upgrade or update the Software remotely, including, without limitation, the Software residing on the your machine, without your knowledge or consent, and you hereby grant to theVisitorand its licensors your consent to deploy and wield such patches, updates, upgrades, error corrections, bug-fixes, and modifications, and spare features or functions to the Software. TheVisitorhas no obligation to make misogynist to you any subsequent versions of the Software. You may have to enter into a renewed version of these TOS, in the event you want to download, install or use a new version of the Software. 5. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, SOFTWARE, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. EXCEPT AS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY THE COMPANY, THE COMPANY DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES AS PART OF THE SERVICE. YOU SHOULD BE AWARE THAT FURTHER DISCLAIMERS OF LIABILITY APPLY IN THE TOS, TO THE EXTENT THAT LIMITED EMERGENCY CALLING IS PROVIDED. THE COMPANY SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSS HAS BEEN NOTIFIED TO THE COMPANY) FOR ANY CLAIM, DAMAGE, OR LOSS, ARISING FROM OR RELATING THERETO: (A) YOUR INABILITY TO USE THE SERVICE TO CONTACT EMERGENCY SERVICES, OR (B) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES. 6. LIMITATIONS OF LIABILITIES YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF THE SOFTWARE. MOREOVER, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, ANY SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 7. LINKS WITH OTHER SITES For the convenience of our registered users, the Service may provide unrepealable links to websites provided by third parties. TheVisitoris not responsible for the content of any other website linked to or from the Service. If you link to flipside website, you leave the Service and you do so entirely at your own risk. TheVisitorprovides links from the Service to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE. 8. INDEMNIFICATION You stipulate to defend, indemnify and hold harmless theVisitorand its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, from third parties welling from: (a) any violate of these TOS, or any workable rules, laws or regulations, whether or not referenced herein, (b) in connection with your use of the Service or Software, (c) violation of any rights of any third party, (d) use or misuse of the Software, or (e) liaison spread by ways of the Software. TheVisitorreserves the right, at its own expense, to seem the sectional defense and tenancy of any matter otherwise subject to indemnification by you. In that event, you shall have no remoter obligation to provide indemnification to theVisitorin that matter. The obligations set along herein shall survive termination of these TOS. 9. GOVERNING LAW The Service is operated and controlled from qiovoip.cn in the State of California, U.S.A. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will wield to all matters welling out of or in connection with the Service and your connection to and use of the Service. By accessing or using the Service, you submit and consent to the sectional jurisdiction of state and federal courts located in the State of California with respect to any dispute or rationalization of whoopee welling out of or in connection with these TOS and/or your use of the Service. 10. INJUNCTIVE RELIEF You unclose that the rights granted and obligations made hereunder to theVisitorare of a unique and irreplaceable nature, the loss of which shall irreparably harm theVisitorand which cannot be replaced by monetary damages vacated so that theVisitorshall be entitled to injunctive or other equitably relief (without the obligations of posting any yoke or surety) in the event of any violate or anticipatory violate by you. You irrevocably waive all rights to seek injunctive or other equitable relief and stipulate to limit your claims to claims for money damages (if any). 11. VOID WHERE PROHIBITED The information provided through the Service is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be undisciplined to law or regulation or which would subject theVisitorto any registration requirement within such jurisdiction or country. TheVisitormakes no representation or warranty that any material on the Service or Software is lawful in every jurisdiction from which such content can be accessed, or is misogynist for use in all jurisdictions. If you wangle or use the Service or the Software from a jurisdiction outside the State of California you are responsible for compliance with all workable local laws. THE SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. 12. COMPLAINTS, NOTICE AND CONTACT INFORMATION TheVisitortakes claims of infringement of intellectual property rights and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was in our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at contact@qiovoip.cn. 13. PRIVACY POLICY TheVisitoris single-minded to respecting your privacy and the confidentiality of your personal data. The Privacy Policy at www.qiovoip.cn/privacypolicy sets out how theVisitormay use your personal data, the traffic data and the content contained in your communication(s). If you object to your information stuff used in the way set out in the Privacy Policy, your sole remedy is to closure using the Services by canceling your Account. 14. NOTICE In the event theVisitordecides, in its sole and wool discretion, to requite notice to a Registered User regarding the termination of the licenses granted herein, termination of an Account, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Service or these TOS, or such other method of notice theVisitordeems appropriate. WhereVisitordecides to requite such notice, any wangle or use of the Service without wordage of such notice constitutes visa by you of the noticed action. 15. RESTRICTIONS The Software may be subject to international rules that govern the export of software. You shall comply with all workable international and national laws that wield to the Software as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN 5D992.b.1 of the Export Administration Regulations (“EAR”) per CCATS # G047973 and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15Lawmakingof Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. TheVisitoris making this software misogynist to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of United States export tenancy and sanctions regulations. The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or related documentation by or on behalf of the United States Government is subject to restrictions as set along in this Agreement. 16. MISCELLANEOUS If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in vibrations with workable law, and the remainder of the TOS will remain in full gravity and effect. The TOS andSpareTerms (if applicable) constitute the unshortened try-on between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Nothing in the foregoing sentence shall exclude or restrict the liability of you welling out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be constructive only if in writing and signed by the Company. The failure of party to predicate any right under these TOS shall not be considered a waiver of that party's right will remain in full gravity and effect. In addition, the TOS, anySpareTerms and the Privacy Policy, including the Company’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not unliable to assign the TOS or any rights hereunder. TheVisitoris unliable at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you. * * * If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions well-nigh our Service or Software, please contact us via e-mail at contact@qiovoip.cn. © 2016 qiovoip.cn All rights reserved. × Close