2. GENERAL PROVISIONS
- 1.1 'Terms' refers to the latest version of these Terms of Service document.
1.2 'Site/Platform/App' refers to the 'iFax' website or mobile phone applications available at https://www.ifaxapp.com/
- 1.3 'User/You' refers to any person, downloading, visiting, using or in any other way interacting with the Platform/Site/App or its respectful Materials regardless of the activities taken.
- 1.4 'We/Us' refers to 'Crowded Road', 'iFax', the App or the Site, 'Maplewoods Associates, Ltd' and their affiliates.
- 1.6 'Outside sources' refers to any application, website, natural or legal entity other than 'Crowded Road', 'iFax', the App or the Site, 'Maplewoods Associates, Ltd' or their affiliates.
- 1.7 'Materials' refers to all images, text, audio and video data or any other information located on the App and the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the App or the Site.
- 1.8 'Services' refers to all services offered through the usage of the Platform, the App or the Site including but not limited to sending and receiving faxes and obtaining fax phone numbers.
- 2.1 These Terms govern the use of the App, the Site, the Platform and Materials.
- 2.2 Terms apply to all Users regardless of the capacity, way, purpose or instruments used in accessing the App, the Site or Materials.
- 2.4 If you do not comply with the Terms we reserve the right to cancel or terminate your access to the App, the Site, or any part thereof, or your user account. We can, in our sole discretion, suspend or terminate access to all or parts of the App and the Site and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.
- 3.1 By accessing the Site you confirm that you are at least 18 years of age, or at least of the age of legal consent in your jurisdiction. If you are younger than 18 you are able to access our Services provided that you have a guardian present. We may request proper and satisfactory proof of evidence to verify your age, identity, and capacity of your guardian.
- 3.2 By using our Services, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Service, (iv) that you will not use Services contrary to these Terms or applicable laws.
- 3.3 By providing us your e-mail address you agree to receive periodical emails from us. We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the Service. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the iFax and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
4. CHANGING OUR TERMS
- 4.1 We reserve the right to update and change the Terms periodically without notifying the Users. The current version of the Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.
- 4.2 Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.
5. LICENCE, OWNERSHIP AND RULE OF CONDUCT
- 5.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App and to use the Site. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the App and the Site; distribute, transfer, sublicense, lease, lend or rent the App or the Site to any third party; reverse engineer, decompile or disassemble the App or the Site; or make the functionality of the App or the Site available to multiple users through any means.
- 5.2 All content on the App and the Site, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of Crowded Road. Materials on the App and the Site are available for fair use to Users. Usage of the Materials is governed by appropriate laws of the state of California, USA. The Site is Copyright © 2016 iFaxapp.com, all rights reserved. The User must reference the Site, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. The user must obtain our written permission for usage of Materials for commercial purposes.
5.4 Any unauthorized use of the Service is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
- (i) Use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited faxes (commercial or otherwise), including, without limitation, unsolicited faxes as set forth under the Federal Telephone Consumer Protection Act of 1991 (TCPA) and the Junk Fax Protection Act of 2005;
- (ii) Harvest or otherwise collect information about others, including email addresses or fax numbers, without their consent;
- (iii) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- (iv) Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- (v) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- (vi) Libel, defame or slander any person, or infringe upon any person's privacy rights;
- (vii) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
- (viii) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
- (ix) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- (x) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- (xi) Interfere with another Subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
- (xii) Engage in any other activity that we believe could subject it to criminal liability or civil penalty or judgment;
- (xiii) Transmit unsolicited fax advertisements through the Service in violation of the Federal Telephone Consumer Protection Act of 1991 ('TCPA'). Faxing unsolicited fax advertisements is illegal under the TCPA as well as in the European Union and other countries, states, and provinces. Distribution of unsolicited fax advertisements through the Service is prohibited and doing so will result in termination of your account; or
- (xiv) Use the Service to fax-blast, bulk fax, or otherwise attempt to broadcast a single document to many fax numbers at once, whether in violation or compliance with the TCPA and the Junk Fax Prevention Act of 2005.
- 5.5 You agree that you are not the owner of any telephone number assigned to you by the Platform. Ownership of such numbers is vested solely in the Platform (which will assign one or more temporary number(s) to you for your use during the term of this Agreement). Unless you subscribe to a Inbound faxing number you agree that each time you send and/or receive a fax, you will be assigned a new temporary phone number.
- 5.6 You agree that you will not harvest, collect, steal or otherwise keep a record of the phone numbers owned by the Platform, including temporary phone numbers assigned to you through the Service. You agree that you will not send faxes, either by broadcast or otherwise, including without limitation unsolicited fax advertisements in violation of federal law, to any number(s) owned by the Platform and that you have harvested, collected, stolen or otherwise kept in violation of this Agreement. YOU UNDERSTAND THAT WE ARE THE OWNERS OF ALL TELEPHONE NUMBERS PROVIDED AS PART OF THE SERVICE AND, THEREFORE, THE WE HAVE CERTAIN RIGHTS WITH RESPECT TO THE NUMBERS. IN THE EVENT YOU VIOLATE THIS PROVISION, WE WILL PURSUE ALL LEGAL AND EQUITABLE REMEDIES, INCLUDING CIVIL AND CRIMINAL DAMAGES AND PENALTIES, DAMAGES FOR LOSS OF BUSINESS AND/OR USE, AND INJUNCTIVE RELIEF.
6. REGISTRATION, SERVICES, AND BILLING
- 6.1 Some of the functionality of the Platform is only available to register Users. If you choose to register on the Platform you are required to provide true, accurate, current and complete information about yourself as prompted by registration forms on the Platform. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Platform, the App, the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are entirely responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account.
- 6.2 You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Although we provide some encryption to protect certain personal information which is transmitted, you understand that your faxes may be intercepted and used, and that all the risk associated therewith is solely yours. You agree that we are the neutral host of the Service and have no responsibility or liability in relation to the faxes that you send or receive as part of your use of the Service. You shall remain solely responsible for the content of your faxes.
- 6.3 Full list of our services and pricing is available through the App and on the Site. We reserve the right to change and update our prices and Service plans periodically at any time and without notification. All changes become effective from the day of publishing.
6.4 iFax offers a platform for Users to send and receive faxes. Individually, our Services include:
- 6.5 By using our Platform you are able to send faxes directly from your device without the need to register or to get a fax number.
- 6.6 Payment for sending the faxes is either done per each fax or with iFax credits. The price of each fax depends on the destination and number of pages. Please visit pricing page from the App or on the Site for a full list of fax sending costs.
- 6.7 In order to receive faxes you will need to subscribe to an incoming fax number on the Platform. By creating a incoming fax number you are using our Inbound faxing Service, which allows unlimited receiving of faxes during the subscription period.
- 6.8 We may offer in some locations and at specific times as special promotion a free trial period of 7 days for inbound faxing. During this period you will be able to receive unlimited faxes free of charge. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.
- 6.9 After the expiry of trial period, usage of inbound faxing is offer through a subscription based model. Full list of prices for subscription service is available in the App and on the Site.
- 6.10 If you subscribe to our Services, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No refund of the current subscription is allowed during active subscription period.
- 6.11 While your iFax account is active, fax messages received via your inbound fax number(s) will be stored and displayed in your account. You acknowledge that we may change our practices and limitations concerning storage of fax messages, including, without limitation, the maximum storage space that will be allotted on the servers on your behalf, at any time, as provided for herein. You further agree that this feature is provided as a convenience only for Subscribers and that we have no liability or responsibility whatsoever for the storage, deletion of, or failure to store any fax messages and/or other communications maintained and/or transmitted by the Service.
- 6.13 You are able to pay for our services directly through the App, the Site and the Platform. Depending on the device you are using we may accept payments through Google Wallet, iTunes, and PayPal.
6.14 We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:
- (i) The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
- (ii) We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
- (iii) Your order is placed pursuant to previous credit card dispute.
7. CONFIDENTIAL INFORMATION
- 7.1 Through use of the Service, You may have access to certain information that is confidential and proprietary (''Confidential Information''). You agree to protect all Confidential Information by using a reasonable degree of care to prevent the unauthorized use, dissemination, or publication of the Confidential Information.
- 7.2 You agree that a breach of the confidentiality provisions of this Agreement will breach the security of the Service and thus would cause irreparable harm to the Platform for which no adequate remedy at law exists. You therefore agree that in addition to any other remedies available, we shall be entitled to injunctive relief to enforce the terms of this Agreement.
8. THIRD - PARTY CONTENT
10. GOVERNING LAWS
- 10.1 This Agreement shall be governed by and construed under the laws of the state of California, USA, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in California by the USA residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Los Angeles, California, for the resolution of any conflict arising out of or in connection with these Terms, the Site, or the Service.
- 11.1 You will indemnify and hold harmless IFax, Crowded Road, and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.
12. STATUTE OF LIMITATIONS
- 12.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the App, the Site, Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 13.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE APP, THE SITE AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES, THE APP AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL CROWDED ROAD OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.
14. FINAL PROVISIONS
- 14.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
- 15.1 If you have any questions, suggestions, or comments, you can address them to firstname.lastname@example.org.