Ownership of Site
Agreement to Terms of Use

These Conditions of Use (the “Terms of Use”) apply to the SKYPEPHONE web site located at www.skypephone .com.au ("the Service"). BY USING the Service, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE the Service.

SKYPEPHONE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SKYPEPHONE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Your Use of the Service

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. SKYPEPHONE reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any SKYPEPHONE server, or to any of the services offered on or through the Service, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SKYPEPHONE, including any SKYPEPHONE account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SKYPEPHONE’s systems or networks, or any systems or networks connected to the Service or to SKYPEPHONE.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SKYPEPHONE on or through the Site or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SKYPEPHONE or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Service may require you to open an account (including setting up an SKYPEPHONE ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify SKYPEPHONE immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by SKYPEPHONE or any other user of or visitor to the Service due to someone else using your SKYPEPHONE ID, password or account.

You may not use anyone else’s SKYPEPHONE ID, password or account at any time without the express permission and consent of the holder of that SKYPEPHONE ID, password or account. SKYPEPHONE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers

SKYPEPHONE DOES NOT PROMISE THAT the Service OR ANY CONTENT, SERVICE OR FEATURE OF the Service WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF the Service WILL PROVIDE SPECIFIC RESULTS. the Service AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON the Service IS SUBJECT TO CHANGE WITHOUT NOTICE. SKYPEPHONE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM the Service WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SKYPEPHONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKYPEPHONE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF the Service AND/OR ANY SKYPEPHONE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF the Service AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SKYPEPHONE FOR DISSATISFACTION WITH the Service OR ANY CONTENT IS TO STOP USING the Service OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SKYPEPHONE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

Trademarks

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