Terms of Use

The following sets forth the terms of use (also known as the “Terms”) for any Callspin Powered Web site, which is operated by Über Systems as well as for the hosted telephony services operated via any Callspin powered website, and supersedes any previous statement of such policies. Throughout these Terms, the word “Site” is used to refer to this Web site. By using any Callspin powered website or the Services, you are consenting to these Terms. Über Systems may modify, alter or update these Terms at any time without prior notice, and your subsequent use of any Callspin powered website shall constitute your consent to the modification, alteration or update.

Permitted Use of This Callspin powered website and Service; Content
Any Callspin powered website is provided as on an “as is” basis by Über Systems for the convenience and entertainment of its customers and users, and any Callspin powered website and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of  any Callspin powered website and Service are the sole property of Über Systems. Any Callspin powered website and Service are intended for use by persons 18 years of age or older. You are permitted to access the Callspin powered website, the Service and the Content provided by Über Systems (which may include text, images, hosted software, sound files, video or other content, and may be provided via a Callspin powered website or otherwise) solely for the purpose of receiving information about Über Systems’ business and products, purchasing and utilizing the Service, communicating with Über Systems, entering prize promotions offered by Über Systems, or otherwise as stated on This Callspin powered website.

Über Systems hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use any Callspin powered website and Service solely for the purpose of operating This Callspin powered website.

You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Contents owner. You may only link to a Callspin powered website for the purpose of directing other users to a Callspin powered website, and must remove any link to any Callspin powered website immediately on request from Über Systems. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Callspin powered website are the sole property of Über Systems and/or its licencors, each of whom reserves all rights with regard to such materials.

Über Systems may at its option provide you with one or more areas within any Callspin powered website for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Über Systems reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Über Systems shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

You hereby grant Über Systems a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Über Systems via any Callspin powered website (which is referred to in these Terms as “User Content”), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Über Systems that you have all rights, title and interests necessary to provide such User Content to Über Systems, and that your provision of the User Content to Über Systems shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

Disclaimers
Über Systems makes no warranties, express or implied, with regard to any Callspin powered website or the Service, their operation, or your use of a Callspin powered website or service, including but not limited to warranties of merchantability or fitness for a particular purpose. Über Systems makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of any Callspin powered website or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize a Callspin powered website or the Service, nor does it warrant that the Callspin powered website or Service shall be free of computer viruses or other malicious content. Über Systems reserves the right to modify, suspend or discontinue the offering of the Callspin powered website and Service at any time for any reason without prior notice. Further, while Über Systems utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of any Callspin powered website or Service.

IN NO EVENT SHALL ÜBER SYSTEMS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, ANY CALLSPIN POWERED WEBSITE OR THE SERVICE, EVEN IF ÜBER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL ÜBER SYSTEMS’ AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, ANY CALLSPIN POWERED WEBSITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ÜBER SYSTEMS HEREUNDER.

Über Systems may provide links to third party Web sites from any Callspin powered website. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Über Systems of such sites or an affiliation between Über Systems and the owners of such sites, nor shall Über Systems be liable for the contents of such sites. Über Systems will also not be liable for any errors in such links, or for any malfunction of such links.

Audio Recording
It is illegal in some states to record a phone conversation, or use our “Call Recording” feature, without prior consent of both parties. It is the users responsibility to be aware of these laws, and notify the recipient proior to sending a call. Failure to do so may result in certain prosecution.

Payments
Your use of the paid Services on an Über Systems site is contingent on your paying in advance for such use, in the amounts and using the methods then-current on any Callspin powered website. Über Systems will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on any Callspin powered website. To the extent that you are responsible for any additional taxes or fees beyond those collected by Über Systems, you agree that you will pay them when due.

Über Systems shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and Über Systems, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

User Warranties; Indemnification
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Über Systems that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

Specifically, users are prohibited from making calls to emergency lines, any health care facility or similar establishment, and numbers assigned to radio common carrier services or any service for which the called party is charged for the call, unless the call is made with the prior express consent of the called party. Those using this site for these purposes are subject to certain identification requirements and possibly prosecution.

By using this Site and the Service, you agree to indemnify and hold harmless Über Systems, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of any Callspin powered website, the Service or the Content or your provision of User Content to Über Systems.

Governing Law; Use
All users of this service with intent to harass someone in the State of California is in violation of California Penal Code 653m, Subdivision B which states:

653m. (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith. (b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of any Callspin powered website or Service shall be the state and federal courts located in Los Angeles, California.

Other Provisions
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to Über Systems in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.

If you have any questions or concerns about Über Systems and it’s Terms of Service, please feel free to contact us.