Welcome to the web site of
Vondaz.com, ("Vondaz.com", "us", or "our"). Our services and products presented
in the Vondaz.com web site ("site") are provided subject to the following terms
and conditions. Vondaz.com may revise these terms from time to time by updating
this posting, with the revised terms taking effect as of the date of its
posting. If you visit the site, you agree to be bound by these terms and
conditions as in effect at the time of your visit.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. By using this site, you signify your assent to these terms of use. If
you do not agree to these terms of use, you may not use the site.
1. Access and Privacy.
By accepting this Agreement, you
expressly consent to certain disclosures of your personally identifiable and
other personal information to third parties, and to use of your information by
third parties, and us as described in our then-current Privacy Policy, which is
incorporated herein by reference. A complete statement of our privacy policy can
be found here.
You agree to abide by any
policies posted on Vondaz.com. We expect that you will use caution and common
sense when utilizing the services that come with Membership. Furthermore, by
accessing Vondaz.com you agree to comply with all applicable laws regarding your
access to Membership services.
You must be at least thirteen
(13) years old to register for the services provided in the Website. We also
encourage anyone under the age of thirteen (13) years old to seek the consent of
their parents or guardians before making use of any of the free services
available at Vondaz.com or before providing information about themselves to
anyone on the Internet. Children should never reveal their addresses, phone
numbers or other personal information to any strangers on the Internet.
In consideration of use of our
services, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by registration forms; and (b) to
maintain and update this information to keep it true, accurate, current, and
complete. If any information provided by you is untrue, inaccurate, not current
or incomplete, Vondaz.com retains the right to terminate your account and refuse
any and all current or future use of the services.
Vondaz.com may, in its sole
discretion and at any time, modify and/or discontinue Vondaz.com, and/or limit,
terminate or suspend your use of or access to Vondaz.com. And/or make changes to
this Agreement. Your right of access and use of the Website shall not be deemed
as a waiver of any of Vondaz.com's rights hereto nor shall it be deemed as a
grant of any rights to any of the information, intellectual property or other
matters described or set forth herein.
2. Content
and Uses of the Website
When/if you submit any content to
any "public area" of the Website, you grant Vondaz.com, its affiliates,
suppliers, distributors, and third party service providers a royalty-free,
perpetual, irrevocable, non-exclusive right (including any moral rights) and
license to use, reproduce, edit, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform, and
display the content (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, technology now known or later developed, for the
full term of any rights that may exist in such content. You also warrant that
the holder of any rights, including moral rights, in "public area" content has
completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You also permit any
visitor to access, display, view, store, and reproduce "public area" content for
personal use. Subject to the foregoing, the owner of "public area" content
retains any and all rights that may exist in such content. By accessing
Vondaz.com, you agree that you shall have no recourse against Vondaz.com for any
alleged or actual infringement or misappropriation of any proprietary right in
your communications to Vondaz.com.
You are solely responsible for
your content, and we merely act as a passive conduit for your online
distribution and publication of your information. However, we may unilaterally
take any action with respect to your content if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services of
our ISPs or other suppliers.
Vondaz.com reserves the right to
edit, copy, delete, in part or in full, any or all content provided by its
members. Vondaz.com may make these changes at any time for any reason without
the prior consent or notification of the author.
You may only use Vondaz.com for
legal purposes. The content you distribute or request to receive (directly or
indirectly) through Membership access, any products and services you may choose
to offer (if permitted to do so), and any username you select: (a) shall not
infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (b) shall not violate any
law or regulation (including without limitation those governing export control,
unfair competition, anti-discrimination or false advertising); (c) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d)
shall not be obscene or contain child pornography; or (e) shall not contain any
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information. You may not distribute unsolicited commercial messages
("spam") through your use of services provided by Vondaz.com or take any other
action, which imposes an unreasonable or disproportionately large load on our
infrastructure, including without limitation, using excessive network bandwidth.
In addition, you may not distribute spam that directs or encourages users to
visit our Website through the account of another provider. At our option and
without further notice, we may use anti-spam technologies that may terminate
your messages without delivering them or prevent messages from reaching you.
You agree not to impersonate any
other person or entity, whether actual or fictitious, including impersonating an
employee or consultant of Vondaz.com. You further agree not to use an
inappropriate member name of any kind.
The entire contents of Vondaz.com
are protected by international copyright and trademark laws. The owner of the
copyrights and trademarks are Vondaz.com, its affiliates or other third party
licenser's. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Website solely for your own
noncommercial use. You hereby agree not to change or delete any copyright or
proprietary notices from the materials downloaded or printed from Vondaz.com
3. Third
Party Providers
You may order, purchase, or
otherwise obtain services or merchandise through this Website from entities not
affiliated with Vondaz.com ("Sellers"). All matters concerning the merchandise
and services obtained or desired from any Seller, including but not limited to
purchase terms, payment terms, warranties, guarantees, maintenance and delivery,
are solely between you and the Seller. Vondaz.com makes no warranties or
representations whatsoever with regard to any goods or services provided by
Sellers. You will not consider Vondaz.com nor will Vondaz.com be construed as a
party to such transactions, whether or not Vondaz.com may have received some
form of revenue or other remuneration in connection with the transaction or be
liable for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
Vondaz.com may contain links that
provide access to services provided by affiliates of Vondaz.com. These links are
provided solely as a convenience to you and not as an endorsement by Vondaz.com
of the content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES,
YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES
RELATING TO THE USE OF SUCH SERVICES
If we ask a third party to
provide services through the Website or for your use, the provisions of this
Agreement shall apply to your use of their services. Vondaz.com is not
responsible for the content on the Internet or WebPages that are contained
outside the Website. Vondaz.com make no representations as to the quality,
suitability, functionality or legality of any other websites to which we may
provide links, and you hereby waive any claim you might have against Vondaz.com
with respect to such sites.
4.
Indemnification
You agree to indemnify, defend
and hold harmless Vondaz.com, its parent companies, subsidiaries, affiliates,
and any officers, directors, employees, consultants, and agents of any of them
from any and all third party claims, liabilities, damages and/or costs
(including, but not limited to, reasonable attorneys' fees) arising from your
use of services provided by Vondaz.com, your violation of this Agreement or your
infringement, or infringement by any other user of your account, of any
intellectual property right or other right of any person or entity. The
Agreement will inure to the benefit of Vondaz.com and its successors, assigns
and licensees
5. Choice
of Law, Jurisdiction, and Venue
This Agreement shall be governed
in all respects by the laws of the State of California, without regard to
conflicts of laws principles; as such laws are applied to agreements entered
into and to be performed entirely within California between California
residents. Both you and Vondaz.com submit to the exclusive personal jurisdiction
of the State of New York and further agree that any cause of action arising
under this Agreement shall be brought in a court in Los Angeles, California.
6.
Disclaimers
ALL CONTENT ON THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS
WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK.
BELLACOR DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES
OF BELLACOR, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR
OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND
(C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU
ACKNOWLEDGE THAT BELLACOR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL
BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES
THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS
OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. BELLACOR DOES NOT WARRANT THE
ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE,
INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR
THROUGH THIS WEBSITE. BELLACOR DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT
PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED
STATES. Bellacor may display advertising prints for products sold through this
website. Bellacor attempts to display the colors of the products shown on this
Website as accurately as possible. However, we cannot guarantee that the color
you see matches the product color, as the display of color depends, in part,
upon the type of computer monitor used by you.
7.
Limitation of Liability
IN NO EVENT SHALL BELLACOR, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER
REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION
WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY
CONTENT ON THIS WEBSITE, EVEN IF BELLACOR OR ITS REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE
AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8.
Severability
If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced and remain in full force and
effect.
9. Waiver
The failure of either party to
insist upon or enforce strict performance by the other party of any provision of
the Agreement or to exercise any right under the Agreement will not be construed
as a waiver or relinquishment to any extent of such party's right to assert or
rely upon any such provision or right in that or any other instance.
10. Privacy
We respect and make efforts to
protect the privacy of all users of our Sites. Our current Privacy Policy
available at here is
incorporated herein by reference and made a part of the Terms and Conditions.
11.
Assignment
Vondaz.com may freely assign this
Agreement and upon such assignment Vondaz.com will be relieved of any further
obligation there under. You may not assign its rights under this Agreement, in
whole or in part, to any third party.
12.
Entire Agreement
This Agreement (including all
Addendum and the Privacy Policy) sets forth the entire understanding and
agreement between the parties with respect to the subject matter herein, and
supersedes all prior agreements and understandings.
13. Fees
Vondaz.com reserves the right to
charge fees, surcharges and/or membership fees at any time upon without prior
written notice to you.
15.
Miscellaneous
The services there under are
offered by Vondaz.com, located at 122A E Foothill Blvd, #146, Arcadia, CA 91006
Please feel free to contact Vondaz.com to resolve a complaint regarding any
aspect of service relating to the Website by writing to the above address or
emailing info@vondaz.com. Upon your
request, you may have this Agreement sent to you by e-mail.
Californians have rights to the
foregoing information pursuant to California Civil Code Section 1789.3 and
California Business and Professions Code Section 17538. If you are a California
resident, you may have this same information emailed to you by sending a letter
to the foregoing address with your e-mail address and a request for this
information. The Complaint Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs may be contacted in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
6. Disclaimers
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. BELLACOR DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF BELLACOR, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BELLACOR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
BELLACOR DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. BELLACOR DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Bellacor may display advertising prints for products sold through this website. Bellacor attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
7. Limitation of Liability
IN NO EVENT SHALL BELLACOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF BELLACOR OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Severability
If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced
and remain in full force and effect.
9. Waiver
The failure of either party to insist upon or enforce
strict performance by the other party of any provision
of the Agreement or to exercise any right under the
Agreement will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or
rely upon any such provision or right in that or
any other instance.
10. Privacy
We respect and make efforts to protect the privacy of all users of
our Sites. Our current Privacy Policy available at
http://www.phonecardfan.com/privacypolice.htm is incorporated herein by
reference and made a part of the Terms and Conditions.
11. Assignment
phonecard.com may freely assign this Agreement
and upon such assignment phonecard.com will be
relieved of any further obligation there under. You
may not assign its rights under this Agreement, in
whole or in part, to any third party.
12. Entire Agreement
This Agreement (including all Addendum and the
Privacy Policy) sets forth the entire understanding
and agreement between the parties with respect to
the subject matter herein, and supersedes all prior
agreements and understandings.
13. Fees
phonecarfdfan.com reserves the right to charge fees,
surcharges and/or membership fees at any time upon
without prior written notice to you.
15. Miscellaneous
The services there under are offered by Tonerdelta.com,
located at 2323 S. Main Road
- #123, Los Angese, CA 90001. Please feel free
to contact phonecardfan.com to resolve a complaint
regarding any aspect of service relating to the Website
by writing to the above address or emailing support@Tonerdelta.com.
Upon your request, you may have this Agreement sent
to you by e-mail.
Californians have rights to the foregoing information
pursuant to California Civil Code Section 1789.3
and California Business and Professions Code Section
17538. If you are a California resident, you may
have this same information emailed to you by sending
a letter to the foregoing address with your e-mail
address and a request for this information. The Complaint
Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs may be contacted
in writing at 400 R Street, Sacramento, CA 95814,
or by telephone at (800) 952-5210.
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