1. Limited Licence
2. Additional Agreements
Because the Site serves a number of functions, including registration for and access to EveryDay Voip Services, your use of the Site also may be governed by other agreements. The terms and conditions of those agreements are in addition to the terms set forth herein. In the event that the Site terms contradict terms set forth in a specific EveryDay Voip Service agreement, the relevant Service agreement shall prevail.
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the EveryDay Voip ® and affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © EveryDay Voip and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EveryDay Voip or affiliated copyright owner. EveryDay Voip and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of EveryDay Voip or its affiliated copyright owner, (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
4. Trademarks and Service Marks
All marks and logos featured in this Web site are either trademarks, service marks, or registered trademarks of EveryDay Voip or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of EveryDay Voip or its affiliates. All page headers, EveryDay Voip and EveryDayVoip.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of EveryDayVoip or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of EveryDay Voip or its affiliates. EveryDay Voip and EveryDay Voip affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits EveryDay Voip or its affiliates. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EveryDay Voip.
5. Framing and Linking
You may not frame, enclose, or otherwise use any EveryDay Voip or EveryDay Voip affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of EveryDay Voip or its affiliates. See the Copyright and Trademarks and Service Marks sections above for further information. Subject to the restrictions in this Agreement, including without limitation those in the Limited Licence section above, EveryDay Voip grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray EveryDay Voip or any of its Services in a false, misleading, or otherwise defamatory manner. You may not use a EveryDay Voip design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of EveryDay Voip. EveryDay Voip reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
6. Third-Party Links
7. International Use
EveryDay Voip makes no representation that materials on its Site(s) are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United Kingdom or the country in which you reside.
EveryDay Voip’s Privacy Notice describes how EveryDay Voip handles personal information, including information that may be obtained when you access the Site.
9. Copyright Infringement
One or more EveryDay Voip Services may allow third parties to upload, transmit, send, or receive copyrighted materials. EveryDay Voip is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, EveryDay Voip reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if EveryDay Voip determines that a user is a repeat infringer. If you believe your copyright is being infringed by any material on the Site or forming part of EveryDay Voip’s Services, you should notify EveryDay Voip in writing at email@example.com with a copy to:
Attn: Legal 483
London N13 4BS
Any notice of claimed infringement must identify the copyrighted work that is claimed to have been infringed and include a detailed description of the material that is claimed to be infringing or that is to be the subject of infringing activity. The notice of claimed infringement must contain enough information to permit EveryDay Voip to locate any infringing material and must also include you and the complaining party’s contact information.
10. Governing Law and Dispute Resolution
This Agreement and your use of the EveryDay Voip Services shall be governed by and construed under the laws of England and Wales. Notwithstanding the above, in the event of any dispute, claim, question or disagreement between you and EveryDay Voip (“Dispute”), you and EveryDay Voip shall first use all reasonable endeavours to settle the dispute, claim, question, or disagreement informally. To this end, you and an authorised member of EveryDay Voip’s legal department (or other representative of EveryDay Voip designated by the legal department) shall consult and negotiate with each other in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither you nor EveryDay Voip shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior toengaging in such consultations and negotiations or following our dispute resolution policy as outlined in our Code of Practice.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
12. Disclaimers and Limitation of Liability
Access to this Site is provided “as is” and “as available,” and EveryDay Voip does not guarantee that the Site is or will be accurate, complete, or free of computer viruses or other harmful components. EveryDay Voip makes no warranties, express or implied, including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose or any similar warranty, whether said warranty arises under provisions of any law of England and Wales or any other country. To the fullest extent permitted by law, no advice or information, whether oral or written, obtained by you from EveryDay Voip, its employees, or through or from the Services shall create any warranty not expressly stated in these terms and conditions. Nothing in this Agreement excludes EveryDay Voip’s liability for death or personal injury caused by EveryDay Voip’s negligence or the negligence of EveryDay Voip’s employees or agents, or for fraudulent misrepresentation. To the fullest extent permitted by law, in no event shall EveryDay Voip be liable to you or any third party for direct, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. EveryDay Voip’s total liability for any and all damages, regardless of the form of the action, shall be limited and capped in their entirety to the total amount of fees paid in the calendar year preceding the year inwhich the events giving rise to the action or claim first occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply in any and all circumstances.
13. Third-Party Rights
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of EveryDay Voip and its affiliates and its and its affiliates’ its officers, directors, employees, agents, licensors, contractors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
15. Waiver, Modification, and Assignment
Any failure by EveryDay Voip to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between EveryDay Voip and a user of this Site nor trade practice shall act to modify any provision of this Agreement. EveryDay Voip may assign its rights and duties under this Agreement to any party at any time without notice to you.