These Terms govern your access to and use of Phonedeo, operated and provided by Phonedeo, LLC., including any Phonedeo mobile application and website (“Phonedeo Services” or “Phonedeo”) and any videos or text uploaded, Your access to and use of Phonedeo is conditioned on your acceptance of and compliance with these Terms. By accessing or using Phonedeo Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of Phonedeo Services, for any video broadcast you create using Phonedeo mobile apps, and for any consequences thereof. The Content you upload will be viewed by other users that you have invited or have access to. You should only invite users you are comfortable sharing your personal broadcast using Phonedeo Personal Broadcasting app under these Terms. You may use Phonedeo only if you can form a binding contract with Phonedeo and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using Phonedeo on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Phonedeo only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Phonedeo Services are always evolving and the form and nature of Phonedeo may change from time to time without prior notice to you. In addition, Phonedeo. may stop (permanently or temporarily) providing Phonedeo (or any features within Phonedeo) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2. Privacy
Our collection and use of your information is governed by the Phonedeo Privacy Policy and the Phonedeo Privacy Statement. You understand that through your use of Phonedeo you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Phonedeo, LLC. As part of providing you the Phonedeo Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Phonedeo Services and your Phonedeo account, which you may not be able to opt-out from receiving.
3. Access Credentials
You are responsible for safeguarding the credentials you use to access Phonedeo and for any activities or actions under your account. We encourage you to use at least 6-8 digit Password to access your Phonedeo mobile service. Phonedeo, LLC. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Content on Phonedeo
All Content (video broadcasts and chat texts) uploaded through Phonedeo mobile app and web portal, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content uploaded via Phonedeo and we cannot take responsibility for such Content. Any use or reliance on any Content or materials uploaded via Phonedeo or obtained by you through Phonedeo is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Phonedeo or endorse any opinions expressed through Phonedeo apps. You understand that by using Phonedeo, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Phonedeo, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded. posted or otherwise made available via Phonedeo or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you upload, post or display on or through Phonedeo. In order to make the uploaded Content available to you and other users, Phonedeo, Inc. needs a license from you. By submitting, posting or displaying Content on or through Phonedeo, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Phonedeo, LLC. to provide, promote, and improve Phonedeo and to make Content submitted to or through Phonedeo available to other companies, organizations or individuals who partner with Phonedeo, LLC. for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Phonedeo, Inc., or other companies, organizations or individuals who partner with Phonedeo, Inc., may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Phonedeo. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of Phonedeo, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Phonedeo, LLC. will not be responsible or liable for any use of your Content by Phonedeo, LLC. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use Phonedeo
Phonedeo, LLC. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Phonedeo, LLC. as part of the Phonedeo Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Phonedeo as provided by Phonedeo, LLC., in the manner permitted by these Terms.
7. Phonedeo Rights
All right, title, and interest in and to Phonedeo Services (excluding Content provided by users) are and will remain the exclusive property of Phonedeo, LLC. and its licensors. Phonedeo will be protected by copyright, trademark, and other laws of both the United States and foreign countries. Phonedeo, LLC. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Phonedeo, LLC. or Phonedeo Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of Phonedeo
Please review the Phonedeo Community Guidelines (which are part of these Terms) to better understand what is prohibited on Phonedeo. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Phonedeo, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Phonedeo, LLC., its users and the public. You may not do any of the following while accessing or using Phonedeo: (i) access, tamper with, or use non-public areas of Phonedeo Services, Phonedeo’s computer systems, or the technical delivery systems of Phonedeo’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Phonedeo Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Phonedeo, Inc. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Phonedeo, LLC. (NOTE: crawling Phonedeo Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Phonedeo Services without the prior consent of Phonedeo, LLC. is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Phonedeo Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Phonedeo Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Phonedeo Services.
9. Copyright Policy
Phonedeo, LLC. respects the intellectual property rights of others and expects users of Phonedeo Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Phonedeo will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Phonedeo is:
Copyright - Phonedeo, LLC
Milpitas, CA 95035
Email: support@phonedeo.com
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Phonedeo, LLC. as follows.
You may end your legal agreement with Phonedeo, LLC. at any time for any reason by deactivating your accounts and discontinuing your use of Phonedeo. We may suspend or terminate your accounts or cease providing you with all or part of Phonedeo Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of Phonedeo Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Phonedeo Services, or the next time you attempt to access your account, or by an email address you have provided us (if applicable). In all such cases, the Terms shall terminate, including, without limitation, your license to use Phonedeo Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect the rights of Phonedeo, LLC. to change, limit or stop the provision of Phonedeo Services without prior notice, as provided above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Phonedeo, LLC. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Phonedeo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. Phonedeo Services Are Available “AS-IS”
Your access to and use of Phonedeo Services or any Content is at your own risk. You understand and agree that Phonedeo Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PHONEDEO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Phonedeo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Phonedeo or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Phonedeo, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Phonedeo; (iv) whether Phonedeo will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Phonedeo Entities or through Phonedeo, will create any warranty not expressly made herein.
B. Links
Phonedeo Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Phonedeo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PHONEDEO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PHONEDEO; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON PHONEDEO, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM PHONEDEO; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PHONEDEO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Phonedeo, LLC., IF ANY, IN THE PAST SIX MONTHS FOR PHONEDEO SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PHONEDEO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Phonedeo, LLC. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Phonedeo Services will be brought solely in the federal or state courts located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using Phonedeo in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
These Terms, the Phonedeo Community Guidelines, the Phonedeo Privacy Policy and our Privacy Statement are the entire and exclusive agreement between Phonedeo, LLC. and you regarding Phonedeo Services (excluding any services for which you have a separate agreement with Phonedeo, LLC. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Phonedeo, LLC. and you regarding Phonedeo Services. We may revise these Terms from time to time, and the most current version will always be at http://www.phonedeo.com. If the revision, in our sole discretion, is material we will notify you through Phonedeo Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use Phonedeo Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at support@phonedeo.com