The Services are not intended for and are not designed for children under 13 years of age. If you are 13 or older but under the age of 18, then you agree to review the agreement with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user's behalf through the CallZila registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child's use of CallZila and the services, including all financial charges and legal liability that such child may incur.
CallZila RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT CallZila SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR ANY PORTION THEREOF.
If you do not agree with the Terms, please do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
BY USING CallZila OR THE SERVICES, YOU THEREFORE AGREE, REPRESENTS AND WARRANT THAT:
YOU ARE 13 YEARS OR OLDER BUT UNDER THE AGE OF 18 AND YOU HAVE REVIEWED AND CONSENTED TO THE TERMS WITH YOUR PARENTS PER; OR
YOU ARE 18 YEARS OR OLDER; AND HAVE CONSENTED TO AND AGREED TO THE TERMS; AND.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT Callzila HAS OFFERED THE SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT BY SIGNING UP WITH CallZila YOU ALSO SIGN UP WITH WWW.CATCHANEVENT.COM
YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CallZila, AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CallZila. CallZila WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY.
3. ADDITIONAL POSTED GUIDELINES
CallZila may require you to agree to additional rules, policies, guidelines or other conditions (collectively "Guidelines") in order to use particular features, to participate in certain promotions available through CallZila, or to receive and/or use some Services that CallZila may offer from time to time. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines—for instance, you might be obligated to check a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the Terms, the terms of the click-through agreement will supplement or amend the Terms, but only with respect to the matters governed by the click-through agreement.
4. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
5. OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by CallZila. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any) and any CallZila Content (as that term is defined below) offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by CallZila or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or any Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part.
CallZila grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by CallZila for use in accessing the Services.
The terms CallZila, and CatchAnEvent along with the associated logos and names of the specific Services are the exclusive trademarks of, and are owned by Calibsoft Technologies P Ltd., and you may not use or display such trademarks in any manner without CallZila’s prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. CallZila reserves all rights not expressly granted hereunder.
6. ACCOUNT INFORMATION
To use the Services, you must create a CallZila account (“Account”). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account creation/registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that CallZila may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or CallZila has reasonable grounds to suspect that such information is inaccurate or not current, CallZila has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of any applicable jurisdiction.
7. PHONE NUMBER
When you create an Account, you will be asked to provide a phone number. Because you will be responsible for all activities that generate from your Account, and you can only access your account upon the transmission of your phone number. We cannot, however, guarantee absolute security of your Account, your User Content or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Services or its contents. You agree to immediately notify CallZila of any unauthorized use or your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to CallZila.
8. PAYMENT TERMS AND CANCELATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment such as Premium Memberships ("Paid Services"). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by CallZila) ("Payment Method"). You may switch to a different Payment Method or update your information by visiting the “Account Settings” page. You agree to pay all fees and other charges incurred in connection with your Account. CallZila will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, CallZila reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.
If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by CallZila upon cancellation.
You may elect to pay Premium Membership fees on a monthly or annual basis. All such Premium Membership fees are payable in advance. Premium Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until your Premium Membership is terminated. The renewal Premium Membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize CallZila to charge your Payment Method for the appropriate Premium Membership charges and fees and for any other purchases you elect to make via the Services. CallZila reserves the right to increase Premium Membership fees or to institute new fees at any time upon reasonable notice posted in advance on Websites.
ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.
Certain third parties and advertisers with whom CallZila maintains a commercial relationship may market or sell their own promotions and services on (or through) the Services (“Third Party Service Providers”). To participate in some of those promotions or obtain some of those services, you may be required to make payment for the specific service or promotion to a Third Party Service Provider that markets or sells that specific service or promotion. CallZila is not responsible for the administration or application of any payments required by any such Third Party Provider for any such select services or promotions. CallZila is not responsible for the performance or nonperformance of any Third Party Service Provider. You are in no way obligated to use or transact business with any particular Third Party Service Provider. YOU AGREE THAT CallZila SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE ON THE SITE.
9. CallZila USAGE RULES
Prohibited Conduct & Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:
1. use the Services or any personal information or location information displayed on or within CallZila to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
2. use CallZila or the Services if you are under the age of 13 years old;
3. include offensive or pornographic materials on or in your CallZila personal profile pages;
4. use CallZila or the Services for any commercial or non-private use, it being understood that CallZila and the Services are to be employed for personal, non-commercial use only;
5. fail to deliver payment for any Paid Services;
6. use CallZila or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
7. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of CallZila. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8. impersonate any person or entity, including but not limited to a CallZila representative, or falsely claim an affiliation with any person or entity, or access the CallZila Accounts of other Users;
9. share CallZila issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
10. misrepresent the source, identity or Content of information transmitted via the Services;
11. remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of CallZila or the Services; (ii) the features of CallZila and the Services that prevent or restrict use or copying of any Content accessible through the CallZila; or (iii) the features of CallZila and the Services that enforce limitations on use of the Services;
12. intentionally interfere with, or damage operation of CallZila or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
13. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
14. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
15. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
16. attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to CallZila, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of CallZila or any of the Services;
17. use any robot, spider, scraper or other automated means to access CallZila or the Services for any purpose without CallZila's express written permission or bypass CallZila's robot exclusion headers or other measures we may use to prevent or restrict access to CallZila or the Services or modify CallZila or the Services in any manner or form, nor to use modified versions of CallZila or the Services, including (without limitation) for the purpose of obtaining unauthorized access to CallZila or the Services; or
18. sell or transfer or allow another person to access your Account, passwords or profile.
19. use the Services to harm minors in any way;
10. USAGE & REFUSAL OR SUSPENSION OF SERVICE
CallZila RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY ACCOUNTS OR WEB OR MOBILE BASED ACTIVITIES RELATED TO THE SERVICES, AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS.
You acknowledge, consent and agree that CallZila may access, preserve and disclose your User Data, Payment Method information and other User Content 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 the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CallZila, its users and the public. Subject to the foregoing, CallZila will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
11. THIRD PARTY CONTENT
Certain content displayed on or linked to Websites and Mobile Applications—namely, third party websites and news headlines (collectively "Third Party Content")—is developed by individuals or merchants over whom CallZila exercises no direct control. CallZila does not endorse any Third Party Content, or the information, material, products, or services associated with Third Party Content. Furthermore, some Users may find some Third Party Content to be objectionable, inappropriate, or offensive. CallZila therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any Third Party Content. In addition, your contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any Third Party Content exist solely and operate independently as between you and such individuals or merchants. You therefore agree that CallZila shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such Third Party Content.
12. USER CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available User Content via the Services You expressly warrant:
you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
you control all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
CallZila bears no responsibility, legal or otherwise, for that User Content.
Prohibited User Content
A User may not post User Content on Callzila.com that
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
involves commercial activities and/or sales without CallZila's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
contains a virus or other harmful component.
Disclosure of User Content
Posting User Content inherently poses the risk of unintended disclosure and access by third parties to said User Content. CallZila will make reasonable efforts to prevent User Content from disclosure that exceeds your Account Settings, but CallZila cannot guarantee that Account Settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and CallZila will not be liable for such chance disclosures.
Deletion of User Content
Upon a your termination of his or her account, he or she may request that CallZila completely "purge" the your Account, including the deletion of any and all User Content previously you previously submitted. CallZila will undertake commercially reasonable efforts to ensure that your Account and CallZila is completely purged of your User Content, subject to the limitation that CallZila may not be able to fully delete all of your User Content, specifically any User Content posted in CallZila forums, community groups, or on other User pages. CallZila therefore directs that you exercise good judgment when you post User Content. In addition, CallZila cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
Ownership Rights In User Content
CallZila does not claim ownership of User Content. However, with respect to User Content you submit or make available in connection with CallZila or Services (other than User Data or Payment Method information), you grant CallZila a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display, incorporate, and otherwise exploit such User Content for any purpose, commercial, advertising, or otherwise, or in connection with CallZila or the Services or the promotion thereof. Further, you agree that any "moral rights" in your User Content have been waived. Should CallZila, however, seek to make use of certain User Content—for instance, a User's image—for explicit commercial or advertising purposes, CallZila will make a reasonable effort to secure consent from that User for that specific purpose.
CallZila may provide you with the option of making certain User Content that you submit to CallZila as “Private” or available only to select Users of the Services. If, upon submission of User Content, you initially elect to mark such User Content as Private or available for a limited group of Users, CallZila will maintain the privacy of such User Content in accordance with your election. However, if you do not elect to mark your User Content as Private or available for a limited group of users, or later change such designation to allow such User Content to be made generally available, CallZila cannot and does not guarantee the privacy of such User Content.
CallZila Review Of User Content
You acknowledge that CallZila may or may not pre-screen or monitor User Content, but that CallZila and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any User Content that is available via the Services. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use CallZila or select Services, you may be exposed to User Content from a variety of sources, and that CallZila is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, you must understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against CallZila with respect thereto. Without limiting the foregoing, CallZila and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content.
13. MIXED-USE GUIDELINES
You may not employ CallZila or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to your own website or a third party web site for commercial reasons, such as advertising sales. You may not take the results from a CallZila search and reformat and display them, or mirror the Website home pages or results pages on your website. Moreover, you may not "meta-search" CallZila.
14. CallZila CONTENT
CallZila, and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material concerning travel and local, and other travel and local related content, materials, and information owned by Calibsoft Technologies P Ltd. and others (collectively "CallZila Content").
Ownership Of CallZila Content
Calibsoft is the sole owner of all CallZila Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. You may not download, copy, or save any CallZila Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines applicable to those Services), and in the limited cases where you need to print a copy of individual screens appearing as part of CallZila solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms or applicable Guidelines, a you may not modify, copy, publish, display, transmit, adapt or in any way exploit the CallZila Content without the prior written permission of CallZila.
15. NO AUTOMATED QUERYING OF ROUTE OR USER INFO
You may not send automated queries of any sort to CallZila's systems and networks without express permission in advance from CallZila. “Sending automated queries" includes, among other things:
using any software which sends queries to CallZila to determine for various queries;
"meta-searching" CallZila; and
performing "offline" searches on Callzila.
16. MOBILE APPLICATIONS
To use or otherwise access the Mobile Applications, you must have a mobile device that is compatible with CallZila and the Mobile Applications. CallZila does not warrant that the Mobile Applications will be compatible with your mobile device.
CallZila does not charge for use of some basic Mobile Applications; however, you may be obligated to pay some fees for use of certain premium Mobile Applications. Further, a wireless carrier's normal messaging, data and other rates and fees will still apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the Mobile Applications may be prohibited or restricted by your carrier, and not all Mobile Applications may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Applications are available for your mobile device, and what restrictions, if any, may be applicable to your use of the Mobile Applications.
By using the Mobile Applications, you agree that CallZila may communicate with you regarding CallZila and the Services by SMS, MMS, text message or other electronic means directed to your mobile device and that certain information about your usage of the Mobile Applications may be communicated to CallZila. In the event your change or deactivate your mobile device telephone number, you agree to promptly update your CallZila Account information to ensure that messages are not sent to the person that acquires said User's old number.
User End Licenses
CallZila hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Applications as follows:
to employ the Mobile Applications with one Account. An Account is comprised of the shared resources accessible by a single login ID on one mobile device owned or leased solely by you for your personal use.
You may not:
modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party;
make any copies of the Mobile Applications;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or
delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge and agree that CallZila may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you employ on your mobile device. You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will apply to all such upgrades. With respect to any open source or third-party code that may be incorporated in the Mobile Applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Applications or any copy thereof and CallZila or its third party partners or suppliers retain all rights, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.
The Services may provide, or third parties may provide, links to other websites or resources. Because CallZila has no control over such websites and resources, you acknowledge and agree that CallZila is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
18. INTERACTIONS WITH SITE USERS
Some of the Services function as a venue to connect members in a virtual information place. As a neutral facilitator, CallZila is not directly involved in the actual transactions between users. As a result, CallZila has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services. CallZila shall have no responsibility to confirm the identity of users. CallZila shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Services. You shall at all time exercise common sense and good judgment when dealing with any user of the Services. You are solely responsible for your involvement with other Users. CallZila reserves the right, but has no obligation, to monitor disagreements between any Users.
If you elect to use certain Services for informing a friend about CallZila, CallZila will require you to provide your friend's contact information and/or email address. CallZila will automatically send that friend a one-time email. CallZila may store the information you provide for a period of time, provided that CallZila will use such information only to identify if your friend is or later becomes a user of CallZila. You represent that you are authorized to provide any third party email address or other information that you provide to CallZila.
19. ELECTRONIC COMMUNICATIONS
The Services may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or CallZila. You agree to use communication methods available via the Services only to send communications and materials related to the subject matter for which CallZila provided the communication method, and you further agree that all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms. By using any of the communications methods available via the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by CallZila (unless expressly stated otherwise by CallZila) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by CallZila in any manner, though CallZila reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
20. CLAIMS OF COPYRIGHT INFRINGEMENT
If you have reason to believe any part of the User Content or CallZila Content infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Services by any user who is alleged to have posted infringing materials or a link to infringing materials via the Services and to immediately remove or disable the allegedly infringing materials or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted via the Services links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o Calibsoft Technologies P Ltd. “Pranavam”, 5/63 Blue Beach Road, Neelangarai Chennai, Tamil Nadu, India - 600 061
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Callzila a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.
22. DISCLAIMER OF WARRANTIES AND LIABILITY
THE SERVICES, INCLUDING THE MOBILE APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Callzila ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Callzila, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION Callzila'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Callzila AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Callzila AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION CallZila'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CallZila OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, CallZila, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION CallZila'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CallZila OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
CallZila further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented through the Services.
CallZila also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including CallZila Content and User Content.
YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA CallZila OR THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. CallZila DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH CallZila OR THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold CallZila and its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out: (a) the User Content you submit, post, transmit or otherwise seek to make available through the Services; (b) your use of the Services, (c) your connection to the Services, (d) your violation of the Terms, (f) your use or misuse of any User's personal information and location information, (g)) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another User in-person or to locate and attend any offline place or event. CallZila reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify CallZila, and said User agrees to cooperate with CallZila's defense of these claims.
24. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL CallZila, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION CallZila'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) YOUR ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CallZila OR ANY OTHER USER OF THE SERVICES, EVEN IF CallZila OR A CallZila AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CallZila OR THE SERVICES, OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY CallZila, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON CallZila OR THE SERVIES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY CallZila OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF CallZila OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO CallZila OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall CallZila be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL CallZila, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION CallZila'S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU, HOWEVER, AGREE THAT CallZila'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that CallZila may, under certain circumstances and without prior notice, immediately terminate your Account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or Guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and User Content associated with or inside your Account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in CallZila's sole discretion and that CallZila shall not be liable to you or any third party for any termination of your Account or access to the Site.
26. APPLICABLE LAWS
The Services are controlled by CallZila from its offices within INDIA. Callzila makes no representation that User Content or CallZila Content or the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of the India do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the CallZila Content or User Content in violation of IT laws and regulations. Any action related to CallZila, the Services, CallZila Content, User Content, or the Terms shall be governed by local law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the courts of India, for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Such Sections shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and CallZila as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and CallZila with respect to your use of the Services. The failure of CallZila to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of CallZila. CallZila has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. CallZila's notice to you via email, regular mail or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services then it shall be deemed received twenty-four hours after it is first displayed.
CallZila will provide account support ("Support") to a User via the following methods: