Version Date: July 2012
These Terms of Service constitute the agreement ("Agreement") between Zenofon LLC, owner and operator of ZenoRadio, ("ZenoRadio", we", "us"), and the user ("Customer" "you", or "user") of ZenoRadio telephone, radio and other services (the “Service”) available through the website located at www.ZenoRadio.com, as well as any other media form, media channel and mobile site related or connected thereto(the "Website").
The following terms must be agreed to before using the service.
1-In order to use the Service you hereby represent that (i) you are able to understand, accept and abide by this Agreement; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; and (iii) you are at least 18 years of age or older. If you are not at least 18 years of age, unfortunately you cannot use the Service.
Should you violate or breach this Agreement, Zeno reserves the right, at its sole discretion and without notice, to suspend or terminate your account, delete any and all content and information you may have provided and terminate your ability to access any part of the Service or Website. Users with suspended or terminated accounts are prohibited from creating new accounts on the phone or at the Website.
2- ZenoRadio will not be liable for any malfunction in Customer's phone service.
3- Customer hereby agrees not to use this Service as a third party business or as a reseller.
4-ZenoRadio is based on Voice Over Internet Protocol (VOIP), and as such, certain anomalies may occur beyond the control of ZenoRadio. The quality of VOIP is not guaranteed by ZenoRadio.
5-ZenoRadio is not responsible for any charges from Customer's regular phone service provider in the event that Customer's regular phone service provider bills Customer for incoming calls or SMS/text messages in the course his/her using the Service.
6-Customer acknowledges that if he/she breaches this Agreement, ZenoRadio unconditionally reserves the right to close his/her account without notice.
7-ZenoRadio may establish rewards or prize programs from time to time as shall be posted on the Website or shall be announced by SMS/text messaging or voice messaging to the Customer’s phone number. ZenoRadio may change, suspend or modify these programs in its discretion, in accordance with notices posted on the Website or otherwise notified to Customer.
8-Customer agrees not to use the Service for any illegal purpose.
9-Customer acknowledges that ZenoRadio may release his/her record of Service to any public law enforcement agency upon request.
10-Customer acknowledges that ZenoRadio has the right to cancel your use of the Service at any time, in its discretion.
11Limitation of Liability
IN NO EVENT SHALL ZENORADIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF ZENORADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZENORADIO FOR THE SERVICE DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO A CAUSE OF ACTION ARISING.
YOU SPECIFICALLY AGREE AND UNDERSTAND THAT ZENORADIOMAKES AVAILABLE TO CUSTOMER RADIO BROADCASTS VIA TELEPHONES. ZENORADIO DOES NOT PRODUCE SUCH BROADCASTS AND IS NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT OF SUCH BROADCASTS. ZENORADIO WILL NOT BE LIABLE TO YOU IN ANY MANNER ARISING FROM THE CONTENT OF ANY BROADCASTS THAT YOU ACCESS THROUGH THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold harmless the ZenoRadio from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property, tangible property, privacy, or publicity right. This indemnification will survive the termination of this Agreement and your use of the Service.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZENORADIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZENORADIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SERVICE LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. ZENORADIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZENORADIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF ZENORADIO’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A ZENORADIO CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
14 - Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service ("Submissions") provided by you to ZenoRadio are non-confidential and ZenoRadio (as well as any designee of ZenoRadio) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15- Intellectual Property Rights
The content on the Website and in the Service (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to ZenoRadio, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All ZenoRadio graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ZenoRadio in the U.S. and/or other countries. ZenoRadio’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ZenoRadio.
16- General and Miscellaneous
YOU AND ZENORADIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at ZenoRadio should you have any questions regarding this Agreement.
For California Residents:
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact ZenoRadio as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
If you have questions or concerns regarding these Terms of Service, please contact ZenoRadio as follows: