Terms of Use for inthephone.com Website and Mobile Applications

Last updated on May 29, 2010

1. Terms of Use

The materials on inthephone.com website and mobile application (collectively referred to as the "Site"), may include software, text, images, video clips, and other materials (the ÒContentÓ). The Content on the Site is provided for informational purposes only on an Òas isÓ basis. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions (the ÒTerms of UseÓ) set out below. If you do not agree to these terms, do not access the Site or download or use any of its Content.

2. Content; Third Party Materials

The Site may enable access to site owner's and third partyÕs Content. Use of the Site may require Internet access and that you accept additional terms and conditions of use.
You understand that by using any of the Site, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that the INTHEPHONE shall not have any liability to you for Content that may be found to be offensive, indecent, or objectionable.
The Site may display, include or make available links, data, information, websites, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Site, you acknowledge and agree that the INTHEPHONE is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. INTHEPHONE does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials, web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by the Site is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Site, you should consult with a financial professional. Location data provided by the Site is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither INTHEPHONE, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any part of the Site.
You agree that Site contains proprietary information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Site. No portion of the Site may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in any manner, and you shall not exploit the Site in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the INTHEPHONE is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Site or the Content.
In addition, third party Site and Third Party Materials that may be accessed from, displayed on or linked to from the iPad, iPhone or iPod touch are not available in all languages or in all countries. InThePhone makes no representation that Site and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Site or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. INTHEPHONE, and third parties whose content or websites are accessible on the Site, reserve the right to change, suspend, remove, or disable access to the Site and Content at any time without notice. In no event will the INTHEPHONE be liable for the removal of or disabling of access to Site and Content. INTHEPHONE may also impose limits on the use of or access to the Site and certain Content, in any case and without notice or liability.

3. No WARRANTY, Disclaimers, and Limitations of Liability

THE SITE AND CONTENT ARE MADE AVAILABLE TO YOU FOR INFORMATION PURPOSES ONLY AND ON AN ÒAS ISÓ BASIS. INTHEPHONE ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, ACCURACY, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRIGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY OF BUSINESS INFORMATION, DESCRIPTION, CUSTOM LISTING PAGES, RATINGS, AND REVIEWS LISTED ON THE SITE, THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, AND THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE.
THE SITE MAY ALLOW CUSTOM BUSINESS LISTINGS OR ADVERTISMENTS (THE ÒSPONSOREDÓ LISTING) TO THIRD PARTIES. YOU UNDERSTAND THAT ALL CONTENT ON SPONSORED LISTING ARE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. INTHEPHONE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SPONSORED LISTING AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULARLY PURPOSE OF ANY INFORMATION AVAILABLE THROUGH IT, AND MAKES NO REPRESENTATION OR ENDORSEMENT WHATSOEVER ABOUT ANY CONTENT WHICH YOU MAY ACCESS THROUGH SPONSORED LISTING. YOUR USE OF SPONSORED LISTING IS AT YOUR DISCRETION AND RISK.
THE SITE MAY ALLOW LINKS AND ACCESS TO THIRD PARTY WEBSITES THAT ARE NOT CONTROLLED BY INTHEPHONE THESE LINKS ARE FOR YOUR CONVENIENCE. INTHEPHONE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULARLY PURPOSE OF ANY INFORMATION AVAILABLE THROUGH THESE LINKS, AND MAKES NO REPRESENTATION OR ENDORSEMENT WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THE SITE. YOUR USE OF SUCH WEBSITES IS AT YOUR DISCRETION AND RISK.
IN NO EVENT WILL INTHEPHONE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIE SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE.
INTHEPHONE DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS WITH ANY OF THEM ON THE SITE ARE SOLELY BETWEEN YOU AND THEM.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE

4. Use of the Site

You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site:

Constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability;
which is protected by copyright, or other intellectual property right, or derivative works of thereof, without obtaining the permission of the copyright holder; or
otherwise use this Site in a manner which is contrary to the law of electronic etiquette, or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

5. Consent to Use of Data

You agree that INTHEPHONE may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to your use of the Site. INTHEPHONE may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

6. Copyright

All Content published on or otherwise accessible through this Site is protected by copyright. The content and the copyright in the Content, are owned or controlled by INTHEPHONE, its content suppliers, listed businesses, or advertisers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The content may not be otherwise used, reproduced, broadcast, retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.

7. Marks

InThePhone, INTHEPHONE are trademarks and service-marks of INTHEPHONE All other products, services and company names mentioned in the Site may be trademarks or service-marks of their respective owners. You may not user any trademark or service-mark displayed on the Site without the written permission of the relevant owner of the mark.

8. Indemnity.

You agree to defend, indemnify and hold INTHEPHONE and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneysÕ fees, related to any violation of these Terms of Use by you or users of your account, or in connection with the use of the Site or the placement or transmission of any information or other materials on the Site by you or users of your account.

9. Territory and Jurisdiction

If there is any dispute about or involving the Site, the Content or INTHEPHONE, you agree that any such dispute will be governed by the laws of the British Columbia, Canada without regard to its conflict of law provisions. You agree to personal jurisdiction by and avenue in the provincial and federal courts in Vancouver, British Columbia, Canada.

10. Changes

INTHEPHONE reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice. This agreement may be updated from time to time. You agree to periodically review the Site for updates to Terms of Use.

11. Miscellaneous

Terms of Use, including and other documents referenced herein, constitute the entire agreement between INTHEPHONE and you with the respect to your use of the Site. INTHEPHONE failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms from this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
The Terms of Use are not assignable, transferrable or sub licensable by you except with prior written consent by INTHEPHONE, but may be assigned or transferred by INTHEPHONE without restriction.
INTHEPHONE reserves the right to modify or discontinue the Site and Content at its sole discretion, at any time, for any reason, and without notice or liability.
Any violations of Terms of Use could be reported or sent questions about Terms of Service to tou@inthephone.com.
By sending any suggestions, ideas, documents or proposals (the ÒFeedbackÓ) to INTHEPHONE you agree that your Feedback does not contain confidential information from you or any third party. You also agree that you grant INTHEPHONE irrevocable, non-exclusive, royalty free, perpetual, worldwide license to use, modify, publish, distribute and sub license the Feedback.
This agreement shall be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein.
The section titles in the Terms of Use are for convenience only and have no legal effect.