VONAGE MOBILE SERVICE AND SOFTWARE STANDARD TERMS & CONDITIONS AND END USER LICENSE AGREEMENT
Summary of Important Terms and Conditions
Vonage Mobile Pay Per Use and/or Vonage World Mobile service plans are designed as an alternative for making international calls from within the U.S. The Vonage Mobile application is not designed to replace your current mobile telephone service. No inbound calling is supported. The application will operate in a WiFi environment, although certain devices/platforms, including Blackberry® smartphones, will not support calls over WiFi. In order to use the Vonage Mobile service (the "Service"), you or your phone, depending on the device/platform you are using, must first access the Vonage Mobile application. When making an international call with the Service, you must both see the Vonage Mobile application branded screen and hear the Vonage Mobile tone when the call is being connected. Please note that if you are connecting to an international number without the Vonage Mobile application screen being displayed and without hearing the Vonage Mobile tone, you have not accessed the Service and you will be charged by your carrier for that call according to their rates. The Service is subject to normal and lawful use conditions, including for personal, non-commercial use, and is subject to termination or suspension, with or without notice, if we determine, in our sole discretion, that your use of the Service is unreasonably excessive or abusive or otherwise violates any of these Terms and Conditions. The Service does not support or terminate emergency (911) initiated calls. When using the Service, you may be subject to, and Vonage Mobile is not responsible for, your mobile carrier's roaming, access, airtime minutes and surcharges associated with your mobile carrier plan.
Vonage World Mobile
With Vonage World Mobile, you will be charged a flat monthly service fee, plus applicable taxes and surcharges, to use the Service. We will charge your method of payment in advance each month of your Service for the monthly Service plan fee, plus associated taxes and surcharges. Your monthly Service term renews each month unless you call us at 1-800-405-4VON (1-800-405-4866) Monday-Sunday 9:00 a.m.-9:00 p.m. Eastern Time or such other hours of operation listed at www.vonagemobile.com to cancel your service before the end of your then current service term. The renewal term begins on the day after the last day of your service term. If you cancel your Service before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the terminated Service, including unbilled charges.
If you choose to make calls outside of your monthly rate plan, you will be charged Vonage Mobile's then current standard rates for such calls on a pre-paid basis. You are required to use Vonage Mobile's automatic payment refill process in order to add credit to your account e-wallet via a credit/debit card with a U.S. billing address in order to make calls outside of your rate plan. The terms of the automatic payment refill process are described below under Vonage Mobile Pay Per Use and in the full Terms & Conditions.
If you wish to cancel your Vonage World Mobile Service, you have the option of changing your plan to Vonage Mobile Pay Per Use or of cancelling your Vonage Mobile service completely. If you change to the Pay Per Use service plan, you will continue to be able to make calls using the Vonage Mobile Pay Per Use service using our low international rates so long as you have funds in your e-wallet. The 30-day prorated balance of your Vonage World Mobile monthly service charge as of the cancellation date (exclusive of taxes and surcharges) will be credited to your e-wallet. Further, if your account auto payment refill process is turned on, we will automatically add your pre-selected refill amount to your e-wallet once you reach your lower balance limit and that amount plus applicable taxes and fees will be charged to your credit/debit card. All Pay Per Use inactivity and forfeiture rules will apply. As a Vonage Mobile Pay Per Use customer you will still be bound by these Terms and Conditions. If you opt to cancel all Vonage Mobile service completely, cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid service charges, including any e-wallet balance.
Vonage Mobile Pay Per Use
With Vonage Mobile Pay Per Use, you will be charged Vonage Mobile's then current standard rates for such calls on a pre-paid basis at www.vonagemobile.com. Your account is subject to a minimum usage fee of $0.35 per month for Service usage of less than 15 minutes of chargeable minutes. You are also responsible for any SMS charges arising from account-related communications with us.
You are required to use Vonage Mobile's automatic payment refill process in order to add credit to your account via a credit/debit card with a U.S. billing address. When you add an amount to your account, that amount plus applicable taxes and fees will be charged to your credit/debit card. If you do not select a dollar amount to automatically add to your account, the default amount of $5 will be used. You will also be required to select an amount for the lower balance limit. If you do not select an amount for the lower balance limit, the default amount of $2 will be used. You can replenish your account up to a maximum of $60 per day. If your account balance is $0.00, the Vonage Mobile call service is not available. If you do not use your Vonage Mobile Account for 12 consecutive months, your account balance will be forfeited. If you do not make calls for 3 consecutive months, your auto-refill will be suspended, however we will continue to charged you for the minimum usage fee.
You may cancel Mobile Pay Per Use at any time by calling our Customer Service department at 1-800-405-4VON (1-800-405-4866) Monday-Sunday from 9:00 a.m. to 9:00 p.m. ET or such other hours of operation listed at www.vonagemobile.com, or by permanently removing your credit/debit card information from your account. Upon cancellation, there will be no refunds of any unused balance in your e-wallet account, but you may continue to make calls using the service until your e-wallet balance reaches $0.00. Neither non-usage of the service nor misdialing while using the service entitles you to a credit or refund.
Vonage Mobile Service and Software Standard Terms and Conditions ("Terms and Conditions")
These Terms and Conditions constitute the agreement between Novega Venture Partners, Inc. ("Vonage Mobile") and the user of Vonage Mobile Pay Per Use, Vonage World Mobile, and other services provided by Vonage Mobile (individually and collectively referred to as "Service") and the associated software required to enable you to use the Service ("Software"). By subscribing to or using the Service and downloading, installing or using the associated Software supplied by Vonage Mobile, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.vonagemobile.com/tos. Vonage Mobile is sometimes referred to as "we," "us," "our," or "Vonage Mobile" and the user is sometimes referred to as "you," "your," or "user," or "customer."
Agreement
These Terms and Conditions and any others referenced herein, constitute a legal agreement between you the end user and/or subscriber of the Service and Vonage Mobile ("Agreement" or "Terms and Conditions"). This Agreement is a service Agreement. Please read it carefully before accepting it.
Compliance with Applicable Laws
By entering into these Terms and Conditions you expressly confirm that you are legally entitled to enter this Agreement. The Service and Software is only available to legal residents of the United States of America with a U.S. address. By entering into this Agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.
Purpose of Service
The Service is intended to enable alternative outbound international long distance calling from the United States. No inbound calling is supported. The Service is not designed to replace your current mobile telephone service. The Service application will operate in a WiFi environment, although certain devices/platforms, including Blackberry® smartphones, will not support calls over WiFi.
Accessing the Service
To use the Service, you or your phone, depending on the device/platform, must first access the Vonage Mobile application. When making an international call with the Service, you must both see the Vonage Mobile branded application screen and hear the Vonage Mobile tone when the call is being connected. The Vonage Mobile tone will only be played when the Vonage Mobile application is activated.
Certain devices/platforms, including Blackberry® smartphones and the Google Android platform will automatically access the Vonage Mobile application and route the international call over the Vonage network when an international number is dialed. For other devices/platforms, such as the Apple iPhone and iPod touch, you must manually open the Vonage Mobile application in order to access the Vonage Mobile network.
For devices/platforms where your international call is automatically routed over the Vonage Mobile network, if you are connecting to an international number without the Vonage Mobile application screen being displayed and without hearing the Vonage Mobile tone, then the Vonage Mobile application has not been properly accessed and the call is being carried over your wireless carrier’s network and you will be charged by your carrier for that call according to their rates.
For more information on why this happens to these devices, please visit Important Tip to Access your Vonage Mobile Service at http://www.vonagemobile.com/support/?keyword=VMBL_BlackberryConnect (or make Important Tip to Access your Vonage Mobile Service a hyperlink to EKB content) or send an email inquiry to http://www.vonagemobile.com/contactus/
Calls to Emergency Services
The Service is not a replacement for your ordinary telephone service and you cannot make emergency (911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the Service. If you dial "911"(or other internationally recognized emergency service numbers) while using the Service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.
Access to the Service
You may only access the Service using authorized Software and authorized compatible devices identified on our website at www.vonagemobile.com/support. It is your responsibility to check the list of devices on the website to ensure you download the correct software for your device. Vonage Mobile is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. Vonage Mobile reserves the right to terminate this Agreement should you be using the Service with software or a device that is not identified on the website as compatible.
SMS
By sending an inbound SMS to Vonage Mobile to install the Software or to request account information or to receive service messages from us, you understand and consent to receiving account–related information from us via SMS. You also agree that you are solely responsible for the SMS charges that your wireless provider may charge for both sending and SMS to us and for receiving any account-related SMS from us.
Account Setup
In order to use your Vonage Mobile account you must have a valid email address associated with it. After you have downloaded and installed the Software, you will have to register for the Service and choose a rate plan using your email address and an account will automatically be generated for you. This is our record of your payments and usage of the Service. We use this email address to identify you, and to contact you, including regarding changes in our Terms and Conditions. Vonage Mobile is not liable for any rates or charges due any third party service provider. You may change the email address associated with your account. There is one phone and phone number per account. A single phone or single phone number may be exchanged.
Account Password
You will be asked to create a password in order to gain access to your account information on-line or when contacting a Vonage Mobile agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
Customer Service
We offer varying types and levels of customer service depending on a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service, please review the "Support" section of our web site www.vonagemobile.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
TERMS SPECIFIC TO VONAGE WORLD MOBILE
Service Term
We provide the Service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (e.g., one month). Your first service term begins on the date you sign up for the Service or the date we successfully process your payment, whichever is later. It is not the first time you use the Service. Your Service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
Automatic Renewal
Your service term automatically renews for the same term unless you call us at 1-800-405-4VON (1-800-405-4866) to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.
Termination of Service
In order to terminate your Service, you must contact our Customer Care Department, via telephone, at the following toll-free number: 1-800-405-4VON (1-800-405-4866). Our Account Management Department is available to assist you Monday-Sunday 9:00 a.m. – 9:00 p.m. Eastern Time, or during other available times set forth on our website.
Fees Upon Termination
(a) Termination by you. If you wish to terminate your Vonage World Mobile Service, you have the option of changing your plan to Vonage Mobile Pay Per Use or of cancelling your Vonage Mobile service completely. If you terminate your Service completely, cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid service charges, including any e-wallet balance. If you choose to change to the Pay Per Use plan a prorated portion of your monthly service charge will be credited to your e-wallet as further described below.
(b) Termination by us without a reason. If we discontinue Service generally, or disconnect your Service without a stated reason, you will only be responsible for the charges that have accrued through the date of the termination, including a prorated portion of the final Service term charges.
(c) Termination by us with a reason. If we terminate your Service for your violation of these Terms and Conditions, you will be responsible for all charges through the end of your current Service term, including unbilled charges. Cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid service charges, including any e-wallet balance.
(d) All of charges owed at the time of termination will be immediately payable. At the time of termination, we will immediately charge the credit or debit card you have provided to us for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due and owing on disconnection. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
Change of Account Status upon Termination
If you wish to cancel your Vonage World Mobile Service, then you have the option of changing your plan to Vonage Mobile Pay Per Use or of cancelling your Vonage Mobile service completely. If you change to the Pay Per Use service plan, you will continue to be able to make calls using the Vonage Mobile Pay Per Use service using our low international rates so long as you have funds in your e-wallet. The 30-day prorated balance of your Vonage World Mobile monthly service charge as of the cancellation date (exclusive of taxes and surcharges) will be credited to your e-wallet. Further, if your account auto payment refill process is turned on, we will automatically add your pre-selected refill amount to your e-wallet once you reach your lower balance limit and that amount plus applicable taxes and fees will be charged to your credit/debit card. All Pay Per Use inactivity and forfeiture rules will apply. As a Vonage Mobile Pay Per Use customer you will still be bound by these Terms and Conditions.
Billing
We will charge your method of payment in advance for each monthly Service plan fee, associated taxes and surcharges. For any usage and calls not covered by your plan, your e-wallet will be charged on a pre-pay basis, and if the funds in your e-wallet are not-sufficient, your e-wallet will either auto-fill or you will be prompted to replenish your e-wallet to pay these rates in advance. If you have no credit in your e-wallet account, any call that is outside of your plan will be dropped or not connected. You can replenish your e-wallet account up to a maximum of $60 per day. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Some services may make use of 3rd party networks, (including 3g, Cellular/Mobile, commercial hotspots). The display of your e-wallet account balance on your device will be up to 2 decimal places but your actual billing for calls outside your plan will be based on the rates on the website, which may have additional decimal places. Vonage Mobile is not liable for these or any other costs you may incur by using 3rd party services. Carrier airtime, roaming, access charges and surcharges may apply for which Vonage Mobile is not responsible. You are solely liable for any applicable carrier charges and must consult your carrier for such information. Vonage Mobile has no obligation to refund any payments made in advance for the use of the Service as set out in these terms.
Payment
When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method.
Service Migration
If your payment method fails for any reason, your Vonage World Mobile service will be cancelled immediately and you will be migrated to the Vonage Pay Per Use service. We will promptly send you an email notification that a payment error has occurred and an email that your account status has changed. All unlimited International calling under the World Mobile plan will be suspended immediately upon payment failure. You will still be able to makes calls using your e-wallet if you have funds in your e-wallet account. To reinstate your Vonage World Mobile service you must resolve the payment issue and re-subscribe to the Vonage World Mobile service plan.
Collection
If we disconnect your Service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
Discounts
You may be eligible for a discount on other Vonage services based on your purchase of Vonage World Mobile services. Such discount will terminate or be suspended immediately upon the cancellation or suspension for any reason of the Vonage Mobile service that is part of the bundled discount. Due to normal billing practices, any such discount may take one or two billing cycles to be credited to your account.
TERMS SPECIFIC TO VONAGE MOBILE PAY PER USE
Charges
The Service operates on a pre-paid basis and you will be prompted to pay these rates in advance. A full list of Vonage Mobile's rates for standard Services is published at www.vonagemobile.com/rates. These rates may change from time to time without prior notice. You must have a valid credit or debit card (VISA, MC, AMEX) with a U.S. billing address. If you have no credit in your account, the call will be dropped or not connected, or the Service will not be provided. You can replenish your Account up to a maximum of $60 per day. Your account is subject to a minimum usage fee of $0.35 per month in each month that Service usage is less than 15 chargeable minutes. Some Services may make use of 3rd party networks, (including 3g, Cellular/Mobile, commercial hotspots). The display of your account balance on your device will be up to 2 decimal places but your actual billing will be based on the rates on the website, which may have additional decimal places. Vonage Mobile is not liable for these or any other costs you may incur by using 3rd party services. Carrier airtime, roaming, access charges and surcharges may apply for which Vonage Mobile is not responsible. You are solely liable for any applicable carrier charges and must consult your carrier for such information. Vonage Mobile has no obligation to refund any payments made in advance for the use of the Vonage Mobile Service as set out in these terms.
Cancellation and Refund Policy
You, may suspend or cancel the Service by (i) removing your payment method information from your account, or (ii) calling our Customer Care department at 1-800-4VON (1-800-405-4866), Monday through Sunday from 9:00 am to 9:00 pm ET, or such other hours of operation listed at www.vonagemobile.com. If the Software remains on your device, you may reinstate the Service at any time by adding your payment method to your account. Once you remove the Software, however, you must reinstall the Software and then use your account user id information to access your account.
There will be no refunds of any unused balance in your account. Where we provide you with free calls or other special offer services, no cash alternative will be given. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund.
In the event of cancellation, you must delete all Software that you have downloaded from us. Cancellation does not relieve you of your continuing obligations under this Agreement as applicable. If you do not use your Vonage Mobile Account for twelve (12) consecutive months, your account will be closed and any remaining credit forfeited.
Non-Activity
If you do not use the Service for three (3) consecutive months, your account will not automatically refill if you fall below the lower balance limit but your account will remain open with a $0.00 balance unless you cancel your Service, your credit card becomes inactive or your account remains inactive for a twelve (12) consecutive months.
ADDITIONAL TERMS APPLICABLE TO BOTH VONAGE MOBILE PAY PER USE SERVICE AND VONAGE WORLD MOBILE SERVICE
Automatic Refill
In order to prepay for the Vonage Mobile Pay Per Use Service or prepay your e-wallet account for the Vonage World Mobile Service to make calls outside the plan, you will be required to provide your payment method information and select an amount of money to automatically add to your account each time your balance reaches a defined lower balance limit ("Automatic Refill"). You are required to use Automatic Refill in order to add credit to your e-wallet account. There is no other way to add credit to your e-wallet account. You are not required to use e-wallet or Automatic Refill to use World Mobile unless you wish to make calls outside of the plan. If you migrate from Pay Per Use to World Mobile you must turn-on the e-wallet and Automatic Refill function through your online account tin order to make calls outside of the plan. When activating the Automatic Refill function, if you do not select an amount to automatically add to your account, the default amount of $5 will be used. You will also be required to select an amount for the lower balance limit. If you do not select an amount for the lower balance limit, the default amount of $2 will be used. You can adjust both the amount that automatically gets added to your account and the lower balance limit amount. You will need access to the internet to access and modify your account via your mobile device or on your PC. When you add an amount to your account, that amount plus applicable taxes and fees will be charged to your credit/debit card. By using Automatic Refill, you are providing a recurring payment authority to Vonage Mobile. This will be added to your Vonage Mobile e-wallet account. Money added to your Vonage Mobile e-wallet account using this recurring payment process is subject to these entire Terms and Conditions. Once you have provided the recurring payment authority and added credit to your Vonage Mobile e-wallet account, Vonage Mobile will email you with a confirmation. This is proof of your recurring payment authorization and you should save or print this confirmation for your records. If there is an error on this, you must contact our Customer Service immediately. You may cancel, amend or update your recurring payment authority on your device, by visiting your web account at www.vonagemobile.com/myaccount or contacting our Customer Service. Until you amend it, your existing recurring payment authority will remain in place and Vonage Mobile will not be liable for any refill purchased pursuant to your recurring payment authority. We will email you each time a payment is charged to your credit/debit card following a successful automatic refill. Vonage Mobile will notify you by email when your card associated with the auto refill is about to expire or has expired. We reserve the right to suspend, restrict, withdraw or terminate the operation of the recurring payment process at any time.
Payment and Consent to Receive Account Information
You must have an account with Vonage Mobile, a valid email address and your own mobile number to use the Service. This means that you will need to receive emails and may receive SMS messages from Vonage Mobile and have the necessary equipment to receive electronic notifications from us. By using Vonage Mobile's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorizations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via an interactive voice/telephone "IVR" system). You should keep these emails in a safe place as a record of your transactions. You must keep your contact details up to date. If you need to change your email address you can do so through your account web page at www.vonagemobile.com/myaccount. You acknowledge that Vonage Mobile may use a third party to process your payments and perform fraud checks. Any refunds in relation to payments made will be governed by the Vonage Mobile Cancellation and Refund Policy described below.
Billing Increments
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
Taxes
Federal, state and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our Service. These charges may be a flat fee or a percentage of your Service charges and may change without notice. You are responsible for all applicable taxes, fees, usage charges, or other charges for your Service. These amounts are in addition to the payment for your Service. Applicable taxes, fees, or charges will be assessed on each payment to your account and will be shown on your web account at www.vonagemobile.com/myaccount. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate. Novega Venture Partners. Inc., Attn: Tax Manager, 23 Main Street, Holmdel, N.J. 07733
Account Use
Your account is personal to you, and is not transferable. You are solely responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify Vonage Mobile of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Vonage Mobile reserves the right to change your password. Vonage Mobile is not liable for any monetary loss or damages that may result from the loss or theft of your password.
Billing Disputes
If you want to dispute any Vonage Mobile charges on your account, you must notify us at 1-800-405-4VON (1-800-405-4866) within 15 days after the date the charge was incurred. If you do not dispute the charges within 15 days, you waive any right to contest the charges.
Promotions
Vonage Mobile may, from time to time, offer promotions. There is no cash alternative to any promotional offers or credits. Such offers may bear additional terms and conditions to these Terms and Conditions.
Assignment of Rights
You may not assign your rights under these Terms and Conditions unless expressly agreed by Vonage Mobile. Vonage Mobile's assignment rights are unrestricted.
Privacy
We take our customers' privacy seriously. Our Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. Your calls may be subject to interception by law enforcement agencies and bodies. Vonage Mobile is not liable for any lack of privacy which you may experience from using our Service. Please read our Privacy Policy for full details at www.vonagemobile.com/privacy.
Notices
You agree to promptly update your account information whenever your personal or payment information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that we will be sending you information regarding your Service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
Permissible Use of Service
Vonage World Mobile is solely for normal personal, individual, non-commercial use. If you use the Service in a way that is inconsistent with such use, we reserve all right to terminate the Service. Our voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive calls, call lengths or numbers and/or consistent excessive usage will each be considered indicators that use may be inconsistent with normal use, that impermissible use may be occurring and/or that such use is detrimental to our operations or our other customers’ use or availability of the Service. In such cases, we reserve the right to review your account, and in our sole discretion, suspend or terminate the Service. Measures of excessiveness may also be assessed by us based on comparisons to the usage patterns and levels of our other customers. If your account is subject to review and we contact you, failure to contact us in response to our notifications and/or failure to promptly correct usage activity to conform to normal use will result, in immediate suspension or termination of Service.
Lawful Purposes Only
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our service for auto-dialing, continuous, or extensive call forwarding, Inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or, fax or voicemail blasting, or for continuous or extensive chat line access; or use of an open telephone line as a monitor, intercom or transcription service. And, you shall not use our service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our service. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, IP address(es), email address(es), and all other account information in response to law enforcement or other governmental requests; as required by law, regulation, rule, subpoena, search warrant or court order; as necessary to identify, contact or bring legal action against someone who may be misusing the Service; to protect Vonage Mobile's rights and property; or in emergency situations where disclosure of such information is necessary to protect Vonage Mobile customers or third parties from imminent harm.
Changes to Service
Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service terms (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on a relevant vonagemobile.com web page, your account web page or bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law.
Our Right to Disconnect
We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:
If we determine that you have used the Service or the Software for an unlawful or inappropriate purpose;
If we determine that the use or content does not conform to the requirements in this Agreement or that it interferes with our ability to provide the Service to you or others;
If any charge to your payment method is declined or reversed or in the case of any other non-payment;
If we determine that you have used the Service or the Software in violation of any laws or regulations; or
If we determine that you have tampered with the Software.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
Use of Service and Device by Customers Outside the United States
Although we encourage you to use our Service to call foreign countries from the United States and to use our Service as you travel, the Service is only offered and supported in the United States. You will be solely responsible for any violations of local laws and regulations because of your use of our Service outside of the United States.
No Alterations or Tampering
If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You may not use or obtain our Service in any manner that avoids Vonage Mobile policies and procedures, including in an illegal or improper manner.
You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.
Monitoring
We may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or Vonage Mobile, its parent, affiliates, directors, officers, agents, and employees from harm.
No Warranty
YOU AGREE THAT OUR SERVICE IS PROVIDED "AS IS," EXCEPT TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER VONAGE MOBILE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE MOBILE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY VONAGE MOBILE OR VONAGE MOBILE'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
Disclaimer of Liability for Damages
In no event will Vonage Mobile, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 dialing service, any other emergency dialing service (e.g. 999, 112) or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. Vonage Mobile is not responsible for any impact the Software may have on your device or any impact the download and install of the Software may have on your device. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer of Third Party Actions and Control
Vonage Mobile does not and cannot control the quality of other parties' networks to which Vonage Mobile must interconnect. Therefore, Vonage Mobile disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
Indemnification
You shall defend, indemnify, and hold harmless Vonage Mobile, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, 911 Dialing or use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).
Content
You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.
Account Information
You are responsible for all costs, damages and other liabilities that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
Governing Law
The law of the state of your residence will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein.
No Waiver of Rights
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Vonage Mobile reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by Vonage Mobile under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
Survival
The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.
No Third Party Beneficiaries
If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.
Legal Age
You promise that you are of legal age to enter into this Agreement and that you have read and understand fully its terms and conditions.
Entire Agreement
These Terms and Conditions, including any future modifications to its terms, the End-user License Agreement (below) and the rates for services found on our web site constitute the entire agreement between you and Vonage Mobile. This Agreement governs your use of our service as well as the use of our Service others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and Vonage Mobile. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
Arbitration
Vonage Mobile and you agree to arbitrate any and all disputes and claims between you and Vonage Mobile. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This Agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Vonage Mobile, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this Agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Vonage Mobile," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this Agreement or any prior agreements between you and Vonage Mobile.
Informal Resolution of Disputes
Our Customer Care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Vonage Mobile customer care department by telephone at 1-800- 4VON (1-800-405-4866). In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
Formal Notice of Disputes
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to Vonage Mobile must be sent to Vonage Mobile by certified mail addressed to: Novega Venture Partners, Inc., Attn: Legal Department, 23 Main Street, Holmdel, NJ 07733. A Notice of Dispute to you must be sent to you by email addressed to you at the last email address or by certified mail at the last mailing address that you registered with Vonage Mobile. The Notice of Dispute must describe the nature and basis of the dispute or claim and set for the specific relief sought.
If you and Vonage Mobile do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Vonage Mobile may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase. The amount of any settlement offer made by you or Vonage Mobile shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vonage Mobile is entitled.
Arbitrator and Arbitral Rules
The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org., or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Location and Procedure of Arbitration
Unless you and Vonage Mobile mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or Vonage Mobile may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
Fees and Costs
If you cannot afford it, Vonage Mobile will advance all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in Vonage Mobile's favor, you shall reimburse Vonage Mobile for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse Vonage Mobile for any of the fees and costs advanced by Vonage Mobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Vonage Mobile shall pay all fees and costs which it is required by law to pay.
Waiver of Jury Trial
You and Vonage Mobile agree that, by entering into this Agreement, you and Vonage Mobile are waiving the right to a trial by jury.
Waiver of Class Actions
You and Vonage Mobile agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Vonage Mobile agree that you and Vonage Mobile may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Vonage Mobile agree that, unless you and Vonage Mobile agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
Statute of Limitations
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.
Exceptions to Arbitration Agreement
You and we agree:
- you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
- if you fail to timely pay amounts due, including for the costs of arbitration, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
- you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction
- any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
- either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Vonage Mobile, pending the completion of arbitration.
Modification of Arbitration Provision
Despite any provision in this Agreement to the contrary, if Vonage Mobile makes any substantive change to this arbitration provision, you may reject any such change and require Vonage Mobile to adhere to the language in this provision.
Changes to Terms and Conditions
We may change these Terms and Conditions from time to time. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Vonage Mobile, including changes to these Terms and Conditions. We may give you notice of a change on the vonagemobile.com home page, on the relevant web page of the applicable Service, on your account web page, invoice, in a newsletter, by e-mail, or, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your Service immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Vonage Mobile services. If you continue to use our service, we will consider this your acceptance of any changes.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
Intellectual Property
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our Service infringe a copyright, you should give us written notice.
Force Majeure
Vonage Mobile will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network
END USER LICENSE AGREEMENT
A list of all compatible devices can be found at www.vonagemobile.com. For all compatible devices, by clicking OK or otherwise installing, downloading, copying or using this Software (sometimes referred to as "licensed Application"). You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) is a legal agreement between you the end user, and Novega Venture Partners, Inc. (“Vonage Mobile”). If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and Vonage Mobile and that Vonage Mobile is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. For iPhone and iPod touch devices, you acknowledge and agree that Apple is not a party to this EULA and is therefore not responsible for the licensed Application and its content.
YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE VONAGE MOBILE SERVICE. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.
The licensed Application makes use of data, information and services on your device, including, but not limited to Phonebook; local connectivity (WLAN and Bluetooth); settings, such as SIP profiles and WLAN access points; text messaging Inbox; and Outbox and call log.
This Software is intended for use only with the Vonage Mobile service. When activated, this Licensed Application may re-direct phone call and message data made from your handset over a local WLAN connection which in turn may direct voice and message through the Internet in an unencrypted form. In order to use the Licensed Application, you must sign up for a Vonage Mobile account and agree to the Terms and Conditions of Service.
Software License
Subject to the terms of this EULA, Vonage Mobile grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one device (or as expressly outlined by Vonage Mobile from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Vonage Mobile from time to time. You may not use the Software in any way that could damage the Vonage Mobile service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works. For Apple iPhone and iPod touch devices, you are limited to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Ownership
This license gives you a limited license to use the Software. Vonage Mobile retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and Vonage Mobile acknowledge that in the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Vonage Mobile will be solely responsible for the investigation, defense and settlement of such claim.
No Selling
This agreement is a personal agreement between you and Vonage Mobile. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.
Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS. VONAGE MOBILE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.
Liability
THIS SOFTWARE IS NOT INTENDED FOR USE WITH THE EMERGENCY SERVICES. IN NO EVENT SHALL VONAGE MOBILE, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
For iPhone and iPod touch devices, you are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA. Apple has no obligation to furnish any maintenance or support services with respect to this Software. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the Software, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In the event of any third party claim that the Software or your possession and use of the Software infringes on any third party's intellectual property rights, Vonage Mobile, not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge that RIM or any third party which makes the Software available through BlackBerry App World has no liability for the Software, including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of Software.
Termination
We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Vonage Mobile reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to Vonage Mobile to remotely disable your ability to use the Software.
Indemnity
You shall be liable for all costs and losses incurred by Vonage Mobile as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, any use or misuse of the Software, or any communications spread by means of the Software.
Jurisdiction
You must represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.
Third Party Beneficiary
For iPhone and iPod touch devices, You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Contact Information
Please direct any questions, complaints or claims related to the licensed Application to:
Novega Venture Partners, Inc.
23 Main Street
Holmdel, NJ 07733
1-800-405-4VON (1-800-405-4866)