VONAGELAND.COM
TERMS OF USE
IMPORTANT
PLEASE READ
Last revised: December 15, 2006
Welcome to VONAGELand.com (the "Site"). Thank YOU for visiting us! It is important to us that YOU and our other visitors have an enjoyable experience while using this Site, and that when YOU use this Site YOU are fully aware of our respective legal rights and obligations. For that reason, we have created the following terms and conditions of use (the “Terms of Use”). Please carefully as these Terms of Use form a contractually binding agreement between YOU and the owner of the Site, VONAGE Marketing, Inc. (“VONAGE” or “us” or “we”).
VONAGE RESERVES THE RIGHT TO DENY ACCESS TO ANY VISITOR AT ANYTIME WITHOUT NOTICE FOR ANY REASON. Any rights not expressly granted herein are reserved.
By accessing, using or downloading any content, products or materials from this Site YOU expressly agree and acknowledge that YOU have FULLY read OR BEEN GIVEN THE OPPORTUNITY TO REVIEW these Terms of Use and UNCONDITIONALLY AGREE AND intend to follow and be legally bound by them AS WELL AS ALL APPLICABLE LAWS, RULES and REGULATIONS. If YOU do not agree to these Terms of Use OR do NOT WISH TO BE BOUND BY THEM, do not access, download or otherwise use any part of this Site. Although YOU may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds YOU to these Terms of Use and the Privacy Policy.
Adults Only
This Site is not intended for children under the age of 18. If YOU are under 18 YOU must first obtain your parent or guardian’s permission prior to submitting any information to this Site. We assume, and by using this Site in any way YOU warrant that YOU are at least 18 years old and have the legal capacity to enter into the agreement set out in these Terms of Use (i.e., that YOU are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept these Terms of Use on your behalf.
USE OF THIS WEBSITE
Subject to your agreement to and your compliance with these Terms of Use, VONAGE hereby grants you permission to access and use the Site and its available features as provided. All permission granted under these Terms of Use to you is done so on a limited, terminable, non-transferable, non-exclusive, non-assignable and non-sub-licensable basis and not sold.
YOU may use this Site and its available features only for non-commercial, personal, entertainment use on a single computer only. The material and all other content on this site may not otherwise be copied, rebroadcast, resold, reprinted, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by VONAGE in writing. Any authorization to copy material granted by this Site in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other Site or networked computer environment is prohibited unless specifically authorized by this Site. YOU have no rights whatsoever to use the content of, or portions thereof, including but not limited to its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
Modification or alteration of the Site and the content and materials on this Site for any purpose not permitted by these Terms of Use may be a violation of our Copyrights and/or Trademarks and is strictly prohibited and may expose YOU to civil and criminal penalties.
Prohibited Uses
YOU are solely responsible for any and all acts and omissions made while using the Site and hereby agree not to engage in unacceptable use of the Site. Such unacceptable use includes, without limitation, use of the Site to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other visitors of the Site or any other computer network; (g) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by VONAGE to be in conflict with the spirit or intent of these Terms of Use.
VONAGE may, but is under no obligation to, monitor usage of the Site for violations of these Terms of Use. VONAGE may remove or block any or all communications using the Site if VONAGE suspects a violation of these Terms of Use or if VONAGE deems it necessary in order to protect the Site, or VONAGE, its parent, affiliates, directors, officers, agents and employees from harm.
EQUIPMENT
YOU are solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The Site and all of its features are protected by United States intellectual property laws and international intellectual property treaties. All right, title and interest in the intellectual property in the Site and all of the features/content available on the Site are owned, licensed or used with permission by VONAGE. All features of and content on the Site must be presumed to be proprietary and copyrighted. YOU have no proprietary rights whatsoever in the Site or its features. Use of the Site’s content anywhere other than on VONAGEland.com for any reason is unlawful unless it is done with VONAGE’s express permission.
YOU agree that you will not alter, obscure or otherwise remove any existing copyright, trademark or proprietary rights notices or labels at any time.
Modification, Updates
This site may be modified, remove or disable in whole or in part at VONAGE’s sole discretion without notice for any reason. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. No further notice is required. YOU should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. Any additional terms and conditions proposed by YOU which are in addition to or which conflict with these terms and conditions of service are expressly rejected by us and shall be of no force or effect.
NO WARRANTIES/DISCLAIMER
YOU access, download materials from and otherwise use, view and interact with this Site at your own risk. VONAGE disclaims any responsibility for the content of this Site, the functionality of this Site or the availability of this Site. THIS SITE AND ALL INFORMATION AND MATERIAL CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU assume all the risk of viewing, reading, using, interacting or relying upon any information, materials or content herein. Unless YOU have otherwise formed an express contract to the contrary with VONAGE, YOU have no right to rely on any information contained herein as accurate. VONAGE makes no such warranty. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VONAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VONAGE DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS WEB SITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VONAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS ON THIS SITE, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO VONAGELAND.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
VONAGE MAKES NO WARRANTIES THAT YOUR USE OF THE GAMES, VIDEOS, SCREENSAVERS, AVATARS, WALLPAPER, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND VONAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS WEBSITE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including games, videos, banners, advertising, screen savers, pop-ups, or downloads, and as a condition of the Site to allow your lawful viewing, YOU forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
YOU AGREE THAT VONAGE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES, OR OTHER TYPES OF DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE ARISING FROM YOUR USE OF THIS WEB SITE AND THE INFORMATION CONTAINED ON THIS SITE OR YOUR ABILITY TO ACCESS THIS SITE. YOU (AND NOT VONAGE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event VONAGE’S total liability to YOU for all damages, losses, and causes of action exceedS the amount paid by YOU, if any, for accessing this Site.
INDEMNIFICATION
YOU agree that in the event you cause damage for which VONAGE is required to pay for, YOU, as a condition of viewing and using the Site, promise to reimburse VONAGE for all payment made. YOU agree to indemnify and hold harmless VONAGE and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from the placement or transmission of any content or code onto VONAGE’s servers. YOU further agree to indemnify and hold harmless VONAGE from any and all causes of action claims, costs, damages, expenses, judgments, liabilities and losses, including reasonable attorney fees and litigations cost, which may be incurred in defending against any causes of action, claims for personal injury, wrongful death, personal property damages or third party claims, arising directly or indirectly out of, or in connection with, the services provided to YOU by this Site.
UNAUTHORIZED HYPERLINKS, "FRAMING" & SITE REFERENCES PROHIBITED
Unless expressly authorized by Site, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, YOU are not allowed to reference the domain name www.VONAGELand.com (Site address), or any page of this Site, in any commercial or non-commercial media without express permission. YOU are also prohibited from 'framing' this site (ex. YOU are prohibited from removing or obstructing any content or sponsorship banners or other material anywhere on this Site). YOU specifically agree to cooperate with the Site to remove or de-activate any such activities and are liable for all damages.
Linked Third Party Sites
This Site may link YOU to other sites on the Internet. These links are provided for your convenience only. These third party sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of this Site, and YOU acknowledge that (whether or not such sites are affiliated in any way with VONAGE) VONAGE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by VONAGE or any association with its operators.
Further, VONAGE cannot ensure that YOU will be satisfied with any products or services that YOU purchase from any third party site that links to or from this Site since those other sites are owned and operated by independent third parties. VONAGE does not endorse any of the products or contents, nor has VONAGE taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. VONAGE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) YOU might be requested to give any third party, and YOU irrevocably waive any claim against us with respect to such sites. We strongly encourage YOU to make whatever investigation YOU feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
SUBMISSIONS
YOU agree as a condition of accessing, using and/or downloading materials from this site, that any communication of information or materials between YOU and Site is deemed a submission. All personal information YOU provide to VONAGE must be truthful, accurate and complete. YOU hereby grant VONAGE a perpetual non-exclusive license to use for commercial purposes without additional consideration of any kind, redact, republish, copy, perform and distribute all your submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to YOU and without seeking any further approval/permission from YOU. YOU agree to be solely liable for the content of all information posted by YOU. YOU agree to only communicate that information to the VONAGE, which YOU wish to forever allow the VONAGE to use in any manner as it sees fit. "Submissions" of personal information are subject to the VONAGE Privacy Policy.
If YOU believe any materials on the Site infringe a copyright, YOU should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
VONAGE Legal Department
Attn: DMCA Notices
23 Main Street
Holmdel, NJ 07733
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
ENTIRE AGREEMENT
The Terms of Use constitutes the entire agreement between you and Vonage with respect to the Site and use of the Site by You, superseding any prior agreements between you and Vonage with respect to this subject matter.
Severability
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement to the extent they are unlawful, void or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of these Terms of Use.
Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
NOTICE
No additional notice of any kind for any reason is due YOU and YOU expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Site.
APPLICABLE LAW, JURISDICTION AND VENUE
Personal information that YOU voluntarily give us will be delivered electronically to computer servers located in the State of New Jersey in the United States of America. The Terms of Use and the relationship between you and Vonage shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Site or use of the Site by YOU will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Somerset, New Jersey; to the extent court action is initiated to enforce an arbitration award or for any other reason consistent with this section, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey and waive any objection as to venue or inconvenient forum. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what the Terms of Use provide; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR USE OF THE SITE BY YOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW JERSEY.
VONAGE makes no representation that content on this Site is appropriate or available for use outside the United States, its territories, possessions and protectorates. If YOU choose to access this Site from such foreign locations YOU do so on your own initiative and at your own risk. YOU are responsible for complying with local laws, if and to the extent local laws are applicable. YOU specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country YOU reside in.
Headings.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
If you believe that there has been a violation of the Terms of Use, or have questions or comments, please click here to report this to us.