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TERMS OF USE

Welcome to the AllAboutFoIP.com website ("Site") which is owned and operated by One Touch Global Technologies, Inc (“OTGT”). Unless otherwise explicitly specified, the Site (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, fonts, icons, link buttons, wallpaper, desktop themes, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Site, the compilation, assembly and arrangement of the materials of the Site and any and all copyrightable material (including source and object code), (collectively, the “Site Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities and trade dress that may appear on the Site are owned by us, our licensors, or other third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Site Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

OTGT has created this Site for your personal use. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and OTGT. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to One Touch Global Technologies, Inc., Attn: AllAboutFoIP Site Administrator (“Site Administrator”) by mail at 20371 Irvine Ave. Suite 250, Newport Beach, CA 92660-0251, by facsimile at (949) 270-0290, or by calling (949) 270-0300.

OTGT reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

Access and Use

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of Site Content is STRICTLY PROHIBITED unless you have obtained the prior written consent of OTGT or unless it is expressly permitted by this Site. The use of Site Content from this Site on any other web site or networked computer environment is similarly prohibited.

Requests for permission to reproduce or distribute materials found on this Site can be made by contacting OTGT in writing at:

Legal Department, AllAboutFoIP
One Touch Global Technologies, Inc.
20371 Irvine Ave, Suite 250
Newport Beach, CA 92660

You are also strictly prohibited from creating works or materials that derive from or are based on Site Content. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site may provide you with the chance to upload or provide messages, photos, videos, clips, ideas, feedback, comments or other content (“User Content”). You understand and agree that OTGT has the right in its sole discretion, but not the obligation, to monitor, edit, and remove any posted Content, and assumes no liability for any such User Content. You warrant that you own or otherwise control all of the rights to such User Content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available User Content that is protected by a third party’s copyright, trademark or other proprietary right without the express permission of the third party owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringements on third party rights resulting from your submission of such User Content.

You agree that your uploading and/or transmittal of User Content does not violate any of the provisions set forth under the “Blogs, Bulletin Boards and Chat Rooms” section of these terms. If you upload or transmit User Content, you grant to OTGT a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, translate, create derivative works (including products) from, distribute, and display such User Content, in whole or in part, throughout the world in all media. You grant to OTGT the right to use the name that you submit in connection with such User Content.

You agree that any User Content that you submit shall be considered non-proprietary and non-confidential. OTGT shall have no obligations of any kind with respect to any User Content and shall be free to reproduce, use, disclose and/or distribute any User Content for any purpose whatsoever, without limitation. You also agree that OTGT shall be free to use any ideas, concepts or techniques embodied in the User Content for any purpose whatsoever, including, but not limited to, producing, developing and marketing content of any kind, and/or products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials or User Content uploaded or sent to us by you.

Access to Password Protected/Secured Areas. Access to and use of password protected and/or secured areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Blogs, Bulletin Boards and Chat Rooms

You are welcome to post, transmit or submit messages, self-authored papers, and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to blogs, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). However, OTGT accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.

OTGT does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by OTGT prior to posting and do not necessarily reflect the opinions or policies of OTGT. OTGT makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, OTGT reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

OTGT assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time OTGT chooses, in its sole discretion, to monitor the Forums, OTGT nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that OTGT accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to OTGT that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
  • improperly assume or claim the identity, characteristics or qualifications of another person
  • are for purposes of spamming
  • contain any virus or other harmful component
  • are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
  • are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of OTGT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as OTGT sees fit.

You agree to release OTGT, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Unsolicited Submissions

OTGT does not knowingly accept unsolicited submissions including, without limitation, submissions of information, suggestions, ideas or concepts, scripts, story lines, articles, or drawings. OTGT's policy is to simply delete any such submission without reading it or forwarding it to other OTGT staff. Therefore, any similarity between an unsolicited submission and any elements in any OTGT creative work including, without limitation, a product, service or concept would be purely coincidental.

If unsolicited submissions are sent to OTGT via this Site, however, these submissions become the property of OTGT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as OTGT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against OTGT, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

OTGT may, from time to time, post OTGT employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to OTGT in response to employment listings, you are authorizing OTGT to utilize this information for all lawful and legitimate hiring and employment purposes. OTGT also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by OTGT to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that OTGT will review any or all of the information submitted to it by users.

Linked Sites and Advertising

If you create hypertext links to this Site, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or OTGT, including its respective employees, agents, directors, officers and shareholders.

If OTGT has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that OTGT is connected with, operates or controls these web sites.

OTGT is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with OTGT. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

OTGT takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

While OTGT does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that OTGT DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that OTGT and third party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that OTGT is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that OTGT and third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

With respect to any Content provided by users or other submissions, OTGT is merely a distributor of such Content. OTGT is not responsible for any Content submitted by users or other third parties, including their opinions, judgments, advice, statements, services or other information provided. OTGT shall not be liable for any loss or damage caused by any reliance upon such information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Content.

Indemnity

You agree to defend, indemnify and hold harmless OTGT, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination

OTGT reserves the right to immediately terminate your use of, or access to, this Site at any time if OTGT decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that OTGT considers to be inappropriate or unacceptable.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the below-identified information in writing (see 17 U.S.C 512(c)(3) for further detail). OTGT will process notices of alleged infringement which it receives and will take appropriate action as required by the DMCA and other applicable intellectual property laws. DMCA notifications of claimed copyright infringement should be sent to:

Legal Department
Attn: Copyright Agent
One Touch Global Technologies, Inc.
20371 Irvine Ave, Suite 250
Newport Beach, CA 92660
Fax: (949) 270-0290

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your user Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, OTGT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OTGT's sole discretion.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California, County of Orange, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California, County of Orange, for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Trademarks

AllAbouFoIP, One Touch Global Technologies, One Touch Integration Server, OTIS, and TargetFax are trademarks of One Touch Global Technologies, Inc. All other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of OTGT or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use.

 
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