Terms and Conditions
for the use of the Console Call website and related value-added services
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
Your Obligations — What You Must Do
DOs and DON’Ts
Prior to joining Console Call, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Console Call Users and to Console Call and you must not communicate to Console Call and its Users any information the dissemination of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Console Call; (c) are not a direct competitor of Console Call; (d) do not have more than one Console Call account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Console Call, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (firstname.lastname@example.org), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Console Call account or any information therein to another party or charging anyone for access to any portion of Console Call, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Console Call or (c) any activity in which you engage on or through the Console Call.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Premium Services: If you have access to any Console Call’s Premium Services, this User Agreement applies to your use of such services.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Console Call account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Forums/Blogs/Chat Rooms: Console Call may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Console Call cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. CONSOLE CALL AND THE CONSOLE CALL AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS, INCLUDING ANY SOCIAL NETWORKS PRODUCED BY CONSOLECALL.
Your Rights — What You May Do
Our Rights and Obligations — What We Must And May Do
For as long as Console Call continues to offer services, Console Call shall provide (and seek to update, improve and expand, in similar and different new ways) the Console Call platform and service with the purpose of providing all members with professional networking connectivity, through Console Call’s proprietary tools, rules and protocols which Console Call may update, improve, discontinue and change at any time, at Console Call’s sole discretion.
We allow you to access Console Call as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Console Call, partially or entirely, or to charge and modify prices for Console Call. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Console Call and all related items.
Console Call reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Console Call has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Console Call may include or automatically produce links to third party web sites (“Third Party Sites”). Console Call is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Console Call may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Console Call and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Console Call or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Console Call, the Console Call Affiliates, its Users and the public.
You are solely responsible for your interactions with other members. Console Call reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Console Call determines, in its sole discretion, that doing so is prudent.
Do not rely on Console Call, any information therein, or its continuation. We provide the platform for Console Call and all information and services on an “as is” and “as available” basis. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and noninfringement. If you are dissatisfied or harmed by Console Call or anything related to Console Call, you may leave Console Call and terminate the agreement in accordance with section 6 hereof and such termination shall be your sole and exclusive remedy.
Console Call is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of answers or transmission of any other user generated content) sent through Console Call to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.
Console Call does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community ; therefore, Console Call declines all liability for identity theft or any other misuse of your identity or information.
Console Call does not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. Console Call disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Console Call disclaims all liability for any misfunctioning, impossibility of access, or poor use conditions of the Console Call site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to Console Call.
Neither Console Call corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Console Call Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Console Call even if Console Call is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
In furtherance and without limiting the foregoing, Console Call has adopted a policy of terminating, in appropriate circumstances and at Console Call’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Console Call may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Nevada Law and Arbitration
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Carson City, NV, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Nevada would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
Notices: We may notify you via postings and via email or any other communications means to contact information you provide to us. You may also notify us via email at email@example.com or via mail or courier at Console Call, Attn: Legal Department, 2201 Kansas St., Carson City, NV 89701; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at ConsoleCall.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Console Call Affiliate shall be deemed legally binding on any Console Call Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Console Call.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Console Call Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Console Call Corporation for any third party that assumes our rights and obligations under this Agreement.
Console Call User DOs & DON’Ts
Claims Regarding Copyright Infringement
This license includes, inter alia, the right for Console Call to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Console Call and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Console Call to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Console Call for any purpose other than for those purposes strictly related to use of the Console Call services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Console Call Corporation has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Console Call’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
GNJ Worldwide, Inc.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
Console Call may remove or disable access to the material that is alleged to be infringing;
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Console Call’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Console Call's Copyright Agent for Notice that includes the following information:
A physical or electronic signature of the alleged infringer;
Console Call may promptly provide you with a copy of the Counter-Notification;
Notice and Procedure for Making Complaints Regarding Content
Your name, address, telephone number, and e-mail address;
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Console Call Content Complaint Manager
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