Last updated June 1, 2015
The gist:
We run a service that allows you to find purchase custom phone numbers. Additional services, such as forwarding and porting
are available depending on the plan(s) you've selected. Your use of these services is subject to these terms.
Note that this document is adapted from the folks at
Automattic
who have kindly shared their terms of service under the
Creative Commons Sharealike
license. Thanks guys!
Terms of Service:
The following terms and conditions govern all use of the Jyvu.com website and all content, services and products available at or through the website.
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation,
Vuxo I, Corp’s Privacy Policy
and procedures that may be published from time to time on this Site by Vuxo I, Corp (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by Vuxo I, Corp, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older.
If you are under 13 years old, please do not register to use the Website.
Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
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Your Jyvu.com Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account,
and you are fully responsible for all activities that occur under the account.
You must immediately notify Vuxo I, Corp of any unauthorized uses of your account or any other breaches of security.
Vuxo I, Corp will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such
acts or omissions.
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Payment and Renewal.
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General Terms.
Paid services such as phone number registrations, or forwarding services are available on the Website
(any such services, a “Paid Service”). By selecting a Paid Service you agree to pay Vuxo I, Corp
the monthly or annual subscription fees indicated for that service.
For phone number purchases, payments will be charged on a pre-pay basis on the day you sign up for the service
and will cover the use of that service for a monthly or annual subscription period as indicated.
For forwarding services, payments will be charged in 30 day increments based on usage.
Paid Service fees are not refundable.
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Automatic Renewal.
Unless you notify Vuxo I, Corp before the end of the applicable subscription period that you want to cancel a Paid Service,
your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly
subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record
for you. Paid Services can be canceled at any time by contacting our customer support.
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Non-payment.
If repeated attempts to collect payment from you fail, your number may be released.
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Cancellations.
Vuxo I, Corp does not provide prorated refunds for Paid Services that are cancelled prior to the end of a subscription cycle.
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Inactivity.
We need to let you know that our providers have the right to reclaim "unutilized or underutilized" numbers
as defined by any local, federal, and/or national regulatory agency and/or governmental organization.
Should we be notified, JYVU will notify you and will attempt to prevent the number from being returned.
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Caller ID.
Jyvu is neither a telecommunications carrier nor an outbound routing service and as such cannot update the caller ID displayed when you make calls or send texts from your telecommunications device.
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Forwarding Numbers.
You agree to only use forwarding numbers that you own or control. Forwarding numbers must be based in the United States or Canada.
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Emergency Calls.
You acknowledge that Jyvu service numbers are not equipped to receive emergency calls.
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Intellectual Property.
This Agreement does not transfer from Vuxo I, Corp to you any Vuxo I, Corp or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the parties) solely with Vuxo I, Corp. Vuxo I, Corp, Jyvu.com,
the Jyvu.com logo, and all other trademarks, service marks, graphics and logos used in connection with Jyvu.com,
or the Website are trademarks or registered trademarks of Vuxo I, Corp or Vuxo I, Corp’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any Vuxo I, Corp or third-party trademarks.
- Changes.We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered.
If we make changes that are material, we will let you know by posting on one of our blogs,
or by sending you an email or other communication before the changes take effect.
The notice will designate a reasonable period of time after which the new Terms will take effect.
If you disagree with our changes, then you should stop using Jyvu.com within the designated notice period.
Your continued use of Jyvu.com will be subject to the new Terms.
However, any dispute that arose before the changes shall be governed by the Terms
(including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination.Vuxo I, Corp may terminate your access to all or any part of the Website or Paid Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your Jyvu.com account (if you have one), you may simply discontinue using the Website and Paid Services.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Disclaimer of Warranties.
The Website and Paid Services are provided “as is”. Vuxo I, Corp and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Vuxo I, Corp nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
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Limitation of Liability.
In no event will Vuxo I, Corp, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vuxo I, Corp under this agreement during the twelve (12) month period prior to the cause of action. Vuxo I, Corp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
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General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Vuxo I, Corp Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
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Indemnification.
You agree to indemnify and hold harmless Vuxo I, Corp, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
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Translation.
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
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Miscellaneous.
This Agreement constitutes the entire agreement between Vuxo I, Corp and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vuxo I, Corp, or by the posting by Vuxo I, Corp of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vuxo I, Corp may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.