These Terms of Service (these “Terms”) apply to use of the PageCall's website, software, any related products or services by PPLINK, Inc.(“PPLINK”, “our”, or “we"), doing business as PageCall(“PCA”) via pagecall.io(the “Site”)(collectively, the “Service”) and user is sometimes referred to as "you".
PPLINK reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, posting a notice on the Site, sending you an email, or posting the revised Terms on the Site and revising the effective date of the Terms of Service accordingly.
These Terms form a binding agreement between you and PPLINK. Violation of any of the Terms below will result in the termination of your access website and/or service.
3. Access to services
Subject to your continued compliance with these Terms, PPLINK grants you a limited, non-transferable, non-exclusive, revocable right and license to: (i) access and use to the Services and its associated documentation, solely for your own internal business purposes, for the Contract Period with PPLINK; and (ii) access and use to any data or reports that we provide or make available to you as part of your access and use of the Services (collectively, “Reports”), solely in conjunction with your use of the Services. Reports are considered part of the applicable Services, for the purpose of the license granted above.
4. User Conduct, Commitments and Understandings
- You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by PCA, unless you have been specifically allowed to do so in a separate agreement with PPLINK.
- You, directly or indirectly, alone or with any other party, may not:
- Modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”), or remove proprietary legends in the Service or Software;
- Distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;
- Make the Service or Software available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use;
- Harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
- Post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
- Post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
- Send any unsolicited commercial email, spam, or bulk commercial email;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law;
- Interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.
- You agree that you are solely responsible (PCA takes no responsibility for you or for any third party) for any breach of your obligations under these Terms and for the consequences (including any loss or damage which PCA may suffer) of any such breach. To the extent PCA incurs any financial penalties or other costs and expenses (including investigation expenses) from PCA’s server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse PCA for any such penalties, costs or expenses.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service is the sole responsibility of the person from which such materials originated, which may be you.
- While PCA uses reasonable efforts to include accurate and up-to-date information on the Site, PCA makes no warranties or representations as to its accuracy. PCA assumes no liability or responsibility for any errors or representations in the content available on the Site (the “Content”).
- The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that PCA is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that PCA shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees not to impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. PCA has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
- If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, you retain all of your ownership rights in your content however you hereby grant PCA and its affiliates a revocable, worldwide, royalty-free, non-exclusive, sublicensable, license to use, reproduce, perform, distribute, and display such content solely for the purpose of providing the Service to the User and improving the Service in general. Furthermore, you grant PCA, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any content or third party content complies with all laws including, but not limited to, copyright law. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms. The licenses granted in your submitted content terminate within a commercially reasonable time after you remove or delete your content from the Service; however, you understand, acknowledge and agree that PCA may retain, but not display, server copies of your content that has been removed or deleted. The licenses granted by you with respect to comments you submit are perpetual and irrevocable. You will defend, indemnify and hold PCA and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to PCA concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to PCA. In the event ownership in the Feedback cannot be granted to PCA, you grant PCA at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that PCA may disclose that Feedback to any third party in any manner and you agree that PCA has the ability to sublicense all Feedback in any form to any third party without restriction.
- The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. PCA may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
- You shall not transmit to PCA or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
5. Monitoring and Enforcement; Termination
PPLINK has the right to:
- Remove or refuse to post any of your content for any or no reason in our sole discretion.Take any action with respect to your content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for PCA.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the Site.
- Terminate or suspend your access to all or part of the Service or the Site for any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Site. YOU WAIVE AND HOLD HARMLESS TO PCA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted via the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You agree to indemnify, defend and hold harmless to PCA, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) any allegation that any of your content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms.
7. Intellectual Property Rights
PPLINK reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of the Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein. As between the parties, PPLINK owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by PCA from performance and usage data generated through your use of the Site, Service or Software (collectively, “Aggregate Data”). Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data.
8. Disclaimer of Warranties
THE MATERIALS, CONTENT ON THIS SITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PCA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. PPLINK MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PPLINK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO PCA, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PPLINK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
9. Entire Agreement; Modifications
These Terms constitute the entire agreement between the parties regarding the subject matter hereof and superprosede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of these Terms is a separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for these Terms to remain in effect in accordance with its terms as modified by such reformation. These Terms may not be modified, supplemented, amended or interpreted by any trade usage or prior course of dealing unless specifically agreed upon in writing. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms.
10. Force Majeure
PPLINK shall not be liable to you for any delay or failure of PCA to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of PCA. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
11. Questions and Comments
If you have any questions regarding these Terms, please contact PPLINK by emailing firstname.lastname@example.org.
Contact us if you have any questions:
PPLINK Inc. Seoul, South Korea email@example.com