WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO
TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR
RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO
FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF
THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL
CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND
CONDITIONS.
-
Responsible Use and Conduct
911 Calling Not Available: THE SERVICE CANNOT BE USED FOR 911
OR EMERGENCY CALLING. You must make alternative arrangements
to place 911 calls using your landline, mobile or cell phone
and cannot rely on the Service for 911 calling capability.
TALKU DOES NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE.
DO NOT USE THE SERVICE TO CALL 911 OR OTHER EMERGENCY
SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT A
SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL AT
ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE
PHONE THAT CAN BE USED TO MAKE OUTBOUND CALLS, INCLUDING
CALLING 911 OR ANY OTHER APPLICABLE EMERGENCY SERVICES.
By visiting the CoverMe Website or using the CoverMe Software,
and by accessing the information, resources, services,
products, and tools we provide for you, either directly or
indirectly (hereafter referred to as "Resources"), you agree
to use these Resources only for the purposes intended as
permitted by:
- The terms of this User Agreement, and
-
Applicable laws, regulations and generally accepted online
practices or guidelines.
Wherein, you understand that:
-
In order to access our Resources, you may be required to
provide certain information about yourself (such as phone
number, email address, etc.) as part of the registration
process, or as part of your ability to use the Resources.
You agree that any information you provide will be accurate,
correct, and up to date.
-
You are responsible for maintaining the confidentiality of
any login information associated with any account you use to
access our Resources. Accordingly, you are responsible for
all activities that occur under your account/s.
-
Accessing (or attempting to access) any of our Resources in
any way other than via the means we provide is strictly
prohibited. You specifically agree not to access (or attempt
to access) any of our Resources through any automated,
unethical or unconventional means.
-
Engaging in any activity that disrupts or interferes with
our Resources, including the servers and/or networks to
which our Resources are located or connected, is strictly
prohibited.
-
Attempting to copy, duplicate, reproduce, sell, trade, or
resell our Resources is strictly prohibited.
-
You are solely responsible for any consequences, losses, or
damages that we may directly or indirectly incur or suffer
due to any unauthorized activities conducted by you—as
explained above—and may be held criminally or civil
responsible for the same.
-
Content Submission:
CoverMe Software and CoverMe Website allow you and other
users to post, link, store, share, deliver, exchange, and
receive content. You understand that generally we do not
pre-screen or monitor the content posted by users on the
Website and the Software. Therefore, it is your personal
responsibility to submit any type of content to our website
or the Software in a responsible and ethical manner. By
posting information or otherwise using the Software as
mentioned, you agree that you will not upload, post, share,
or otherwise distribute any content that:
-
Is illegal, threatening, defamatory, abusive, harassing,
degrading, intimidating, fraudulent, deceptive,
invasive, racist, or contains any type of suggestive,
inappropriate, or explicit language;
-
Infringes on any trademark, patent, trade secret,
copyright, or other proprietary right of any party;
-
Contains any type of unauthorized or unsolicited
advertising;
-
Impersonates any person or entity, including any CoverMe
Communications Inc. employees or representatives.
We have the right at our sole discretion to remove any
content that we feel, in our judgment, does not comply
with this User Agreement, along with any content that we
feel is otherwise offensive, harmful, objectionable,
inaccurate, or violates any third-party party copyrights
or trademarks. We are also not responsible for any delay
in removing or failure to remove such content. If you post
content that we choose to remove, you hereby consent to
such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by
you or any other 3rd party users of our website or the
Software. You acknowledge sole responsibility for and
assume all risk arising from your use or reliance of any
content on the Website or the Software.
We have the right to monitor your access to the Website or
the Software, or to review, pre-screen, edit any content
you posted, to ensure your compliance with this Terms of
Service, or to comply with applicable law or the order or
requirement of a court, or other governmental body.
-
Content Copyright Policy:
-
By posting any content by you on our website or CoverMe
Software, provided that it doesn't violate or infringe
on any 3rd party copyrights or trademarks, you grant us
the perpetual, irrevocable, worldwide, royalty-free,
exclusive license to reproduce, modify, adapt,
translate, publish, publicly display and/or distribute
the content as we see fit.
-
We do not permit copyright infringing activities and
infringement of intellectual property rights on the
Website or the Software and will remove any such content
if properly notified that such content infringes on
another's intellectual property rights.
-
The Software does not and is not intended to support or
carry emergency calls to any type of hospitals, law
enforcement agencies, medical care unit or any type of
emergency services of any kind and CoverMe is not liable in
any manner for such calls.
-
Some carriers may prohibit or restrict the use of Voice over
Internet Protocol (VoIP) functionality over their network,
and may also impose additional fees, or other charges in
connection with VoIP. You agree to learn and abide by your
carrier's network restrictions. CoverMe will not be held
liable for any charges, fees or liability imposed by your
carrier for use of VoIP over their networks.
-
The Software does not guarantee the self-destructing
messages you send will be self-destructed. Furthermore,
someone could find a way to video capture CoverMe, take a
screen shot, or take a photo of the phone. CoverMe cannot
promise that your messages will not be copied by some
alternative means and redistributed.
-
Although we use the highest standard encryption which is
mathematically impractical to crack, CoverMe does not
guarantee the encryption algorithms used by the Software are
unbreakable in any way as technology advances and the
scientific understanding of computing methods and
mathematics becomes ever more complex. CoverMe will not be
held liable for any loss, damages in connection with your
information protected by the Software is decrypted, stolen,
deleted, copied, hacked or intercepted.
-
You agree to indemnify and hold harmless CoverMe
Communications Inc. and its parent company and affiliates,
and their directors, officers, managers, employees, donors,
agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this User Agreement or
the failure to fulfill any obligations relating to your
account as incurred by you or any other person using your
account. We reserve the right to take over the exclusive
defense of any claim for which we are entitled to
indemnification under this User Agreement. In the event of
these circumstances, you agree to provide us with all
reasonably requested cooperation.
-
Sending any type of unauthorized or unsolicited advertising
or sending a large number of messages and calls frequently
in a short time is strictly prohibited. We have the right to
reclaim the CoverMe phone numbers that were assigned to you.
-
Unlimited calling plan does not include calls to Alaska of
U.S, Yukon of Canada, directory assistance numbers, and
certain special phone numbers. Additional per minutes charge
applies. Please check calling rates of calls to the above
destinations. You acknowledge the right for CoverMe to
suspend all or part of the Calling Service and Texting
Service at no liability to CoverMe if your usage of CoverMe
Products and Services is inconsistent with fair use. Fair
use will be determined by CoverMe in a manner relevant to
each separate service offering and subject to CoverMe's sole
discretion. In some, but not all, cases, this may mean that
services are measured compared to other CoverMe users, to
industry-wide averages or norms, or to traffic patterns
consistent with human as opposed to machine operation.
CoverMe reserves the right to evaluate what it considers
fair use according to any single or number of factors and in
its sole discretion according to the disclosed or other
factors, and the evaluation shall be a breach of the terms
of this Agreement.
-
CoverMe Phone Numbers
-
Ownership: Phone numbers assigned to you are owned by
CoverMe or its supplies and, as an expression condition to
your use of CoverMe phone numbers, you hereby agree not to
claim, and expressively waive, any rights, titles or
interests to CoverMe phone numbers. You acknowledge and
agree that you do not have any rights to transfer the phone
numbers or to use the phone numbers separate and apart from
the CoverMe service.
-
Limitations on Use: You acknowledge and agree that:
-
The CoverMe services are not a replacement for any phone
lines, whether wired, wireless or Internet based.
-
You use CoverMe phone numbers with your true identity,
and in compliance with applicable laws.
-
You will not send, cause to be sent or facilitate, spam
using the CoverMe service.
-
Calls and texts through CoverMe phone numbers are
terminated or originated by third parties. Calls and
texts travel through third parties networks in clear
text without encryption. The third parties have rights
to monitor your calls and texts. You acknowledge and
assume all risk arising from your use of CoverMe phone
numbers.
-
If the calling plan you purchased from CoverMe expired,
you immediately loose the rights to use the CoverMe
phone number attached to the calling plan.
-
If your CoverMe phone numbers remain inactive for thirty
(30) days or more, we have the right to reclaim the
CoverMe phone numbers that were assigned to you.
-
Under extreme circumstances, shall the phone number
providers terminates the service with or without a
cause, we will replace the numbers to minimize service
disruption.
-
CoverMe Subscription
-
Payment will be charged to iTunes Account or Google Play
Store at confirmation of purchase, CoverMe will not force
users to pay by any means. Your account will be charged for
renewal within 24-hours prior to the end of the current
period, and identify the cost of the renewal. Unless
auto-renew is turned off at least 24-hours before the end of
the current period, or the subscription will take place.
Users can turn off the auto-renew in user's Account Settings
of Apple Store or Google Play Store after purchase. No
cancellation of the current subscription is allowed during
active subscription period. To the extent that payment
mechanisms are provided through third parties, you agree
that CoverMe is not responsible for the charges of the
renewal.
-
CoverMe offers a 7-day free trial purchase option. The
free-trial subscription begins immediately but it won’t be
billed until the free trial period is over. Your account
will be charged within 24 hours prior to the end of the free
trial period. You can cancel the free-trial subscription
before the end of the free trial period by going to your
Account Settings at iTunes Store or Google Play Store.
-
CoverMe offers the following subscriptions:
- Private Secure Basic Vault: USD$0.99/year
- Private Secure Premium Vault: USD$9.99/year
- Private Secure Super Vault: USD$19.99/year
- Mini Private Call & Text Plan: USD$7.99/month
-
Medium Private Call & Text Plan: USD$28.99/6months
- Large Private Texts Plan: USD$29.99/6months
- Large Private Call & Text Plan: USD$99.99/year
-
Payment Refund Policy
See at:
Refund & Cancellation Policy
-
END USER LICENSE AGREEMENT
-
License Grant: CoverMe agrees to provide you with a limited,
personal, non-exclusive, non-transferable, non-sub
licensable license to use the Software in accordance to the
terms of this Agreement. All rights not expressly granted by
CoverMe are hereby reserved. You agree not to take any
action to interfere with CoverMe's ownership of or rights in
the Software.
-
You agree that, unless otherwise permitted in this license
or by law, you will not:
-
Reproduce, republish, redistribute, or transmit the
Software;
-
To the extent permitted under applicable law,
redistribute, encumber, sell, rent, lease, loan,
sublicense, assign, or otherwise transfer rights to the
Software;
-
Modify or create any derivative works based on the
Software, including customization, translation, or
localization;
-
Copy, reproduce, reuse in another product or service,
modify, alter, or display in any manner any software or
files, or parts thereof, included as part of the
Software;
-
Except to the extent expressly permitted by law,
decompile, disassemble, reverse engineer, or otherwise
attempt to derive the source code of the Software, or in
any way ascertain, decipher, or obtain the
communications protocols for accessing the Software, or
the underlying ideas or algorithms of the Software;
-
Create or use any software not authorized by CoverMe to
access the Software;
-
Attempt to gain unauthorized access to the Software or
to any account, application, platform, computer system
or network associated with the Software;
-
Use the Software in any way that violates this
Agreement, or any other agreements between you and
CoverMe or its affiliates, or any law; and
-
Remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in or on
the Software or associated with the Services.
-
Third-Party Software: The Software may be incorporated into,
and may incorporate itself, software and other technologies
owned and controlled by third parties. Any such third party
software or technology that is incorporated into the
Software falls under the scope of this Agreement.
-
Privacy
Your privacy is very important to us, which is why we've
created a separate Privacy Policy in order to explain in
detail how we collect, manage, process, secure, and store your
private information. Our privacy policy is included under the
scope of this User Agreement. To read our privacy policy in
its entirety,
click here.
-
Limitation of Warranties
By using the Website or the Software, you understand and agree
that all Resources we provide are "as is" and "as available."
This means that we do not represent or warrant to you that:
-
The use of our Resources will meet your needs or
requirements
-
The use of our Resources will be uninterrupted, timely,
secure or free from errors
-
The information obtained by using our Resources will be
accurate or reliable
-
Any defects in the operation or functionality of any
Resources we provide will be repaired or corrected.
-
Furthermore, you understand and agree that:
Any content downloaded or otherwise obtained through the use
of our Resources is done at your own discretion and risk,
and that you are solely responsible for any damage to your
computer or other devices for any loss of data that may
result from the download of such content.
-
No information or advice, whether expressed, implied, oral
or written, obtained by you from CoverMe Communications Inc.
or through any Resources we provide shall create any
warranty, guarantee, or conditions of any kind, except for
those expressly outlined in this User Agreement.
-
Limitation of Liability
In conjunction with the Limitation of Warranties as explained
above, you expressly understand and agree that any claim
against us shall be limited to the amount you paid, if any,
for use of products and/or services. CoverMe Communications
Inc. will not be liable for any direct, indirect, incidental,
consequential or exemplary loss or damages which may be
incurred by you as a result of using our Resources, or as a
result of any changes, data loss or corruption, cancellation,
loss of access, or downtime to the full extent that applicable
limitation of liability laws apply.
-
Copyrights/Trademarks
All content and materials available on coverme.ws—including
but not limited to text, graphics, website name, code, images
and logos—are the intellectual property of CoverMe
Communications Inc., and are protected by applicable copyright
and trademark laws. Any inappropriate uses, including but not
limited to the reproduction, distribution, display or
transmission of any content on this site is strictly
prohibited, unless specifically authorized by CoverMe
Communications Inc.
-
Termination of Use
You agree that we may, at our sole discretion, suspend or
terminate your access to all or part of the Website, the
Software and the Resources with or without notice and for any
reason, including, without limitation, breach of this User
Agreement. Any suspected illegal, fraudulent or abusive
activity may be grounds for terminating your relationship
without refunding any fee you paid in connection to the
service, and may be referred to appropriate law enforcement
authorities. Upon suspension or termination, your right to use
the Website, the Software and the Resources we provide will
immediately cease, and we reserve the right to remove or
delete any information that you may have on file with us,
including any account or login information.
-
Force Majeure
No failure, delay or default in performance of any obligation
of a party shall constitute an event of default or breach of
these Terms to the extent that such failure to perform, delay
or default arises out of a cause, existing or future, that is
beyond the control and without negligence of such party,
including action or inaction of governmental, civil or
military authority; fire; strike, lockout or other labor
dispute; flood, terrorist act; war; riot; theft; earthquake
and other natural disaster. The party affected by such cause
shall take all reasonable actions to minimize the consequences
of any such cause.
-
Governing Law
The Website and the Software are controlled by CoverMe
Communications Inc. from its offices located in Hong Kong. The
Website and the Software can be accessed by most countries
around the world. As each country has laws that may differ
from those of Hong Kong, by accessing our website and the
Software, you agree that the statutes and laws of California,
without regard to the conflict of laws and the United Nations
Convention on the International Sales of Goods, will apply to
all matters relating to the use of this website and the
purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall
be brought in the courts located in Hong Kong. You hereby
agree to personal jurisdiction by such courts, and waive any
jurisdictional, venue, or inconvenient forum objections to
such courts.
-
Guarantee
UNLESS OTHERWISE EXPRESSED, CoverMe Communications Inc.
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
-
Contact Information
If you have any questions or comments about these our Terms of
Use as outlined above, you can contact us at:
info@coverme.ws