© 2009 Zofaa.com* Zofaa Communications™. All rights reserved*

TM

Terms of Service

The following sets forth the terms of use (also known as the Terms) for this Web site, which is operated by Zofaa.com and located at www.zofaa.com, as well as for the hosted telemarketing service operated via the Site (the Service), and supersedes any previous statement of such policies. Throughout these Terms, the word .Site. is used to refer to this Web site. By using the Site or the Services, you are consenting to these Terms. Zofaa.com may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update. Note that Zofaa.com as used on this document and on all the pages of this web site means and is the same as Zofaa Communications™.

 

 

 

Permitted Use of the Site and Service; Content

This Site is provided as on an .as is. basis by Zofaa.com for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of Zofaa.com. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by Zofaa.com (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Zofaa.coms business and products, purchasing and utilizing the Service, communicating with Zofaa.com, entering prize promotions offered by Zofaa.com, or otherwise as stated on the Site.

Zofaa.com hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.

You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content(s) owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Zofaa.com. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Zofaa.com and/or its licensors, each of whom reserves all rights with regard to such materials.

 

Zofaa.com may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Zofaa.com reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Zofaa.com shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

You hereby grant Zofaa.com a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Zofaa.com via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Zofaa.com that you have all rights, title and interests necessary to provide such User Content to Zofaa.com, and that your provision of the User Content to Zofaa.com shall not infringe any third party(s) proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

 

 

Disclaimers

Zofaa.com makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. Zofaa.com makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. Zofaa.com reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while Zofaa.com utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.

IN NO EVENT SHALL Zofaa.com BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF Zofaa.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL Zofaa.com AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO Zofaa.com HEREUNDER.

Zofaa.com may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Zofaa.com of such sites or an affiliation between Zofaa.com and the owners of such sites, nor shall Zofaa.com be liable for the contents of such sites. Zofaa.com will also not be liable for any errors in such links, or for any malfunction of such links.

 

 

Payments

Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. Zofaa.com will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Zofaa.com, you agree that you will pay them when due.

Zofaa.com shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and Zofaa.com, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

 

 

User Warranties; Indemnification

By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Zofaa.com that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

By using this Site and the Service, you agree to indemnify and hold harmless Zofaa.com, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to Zofaa.com.

 

 

Governing Law; Forum

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Los Angeles, California.

 

 

Other Provisions

The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to Zofaa.com in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.

 

Billing

All of Zofaa Communications™ services are prepaid only. All minutes and services and/or products purchased with Zofaa Communications™ (Zofaa.com) never expire. We do not process refund for any of our services, products or minutes after they are purchased by our customers. What you pay for, you use simple billing system allows us to keep our cost low and continue to offer excellent services to our customers without incurring extra overhead costs and staffs processing multiple billing and refunds issues. This is also one of the reasons why we offer our customers better savings than our competitors. However you can cancel your service with us at any time and you will not be billed for services and/or products and/or minutes you haven’t ordered for.

 

RIGHT TO PRIVACY & EXCLUSIVITY

Zofaa Communications will not sell, lease or trade the information of our clients including name, phone number or email address to any second or third party. As a matter of fact, our employees do not have access into the accounts or control panels of our clients except if they give us their passwords. No Zofaa.com employee will ask a client for their passwords except in a rare occurrence which has to first be approved by management. Zofaa Communications systems do not store or have access to our clients data, recipients or control panel. Zofaa Communications respects the tights, privacy and exclusivity of our clients.