Angel.com Terms and Conditions
TERMS OF USE / END USER LICENSE AGREEMENT
Last Updated: March 24, 2011
Copyright © 2011 Angel.com Incorporated ("Angel"). All rights reserved.
The use of the Voice application and the Voice website (the "Services") are offered solely in accordance with the following terms:
BY USING THE SERVICES, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED HEREIN ("TERMS"). IF YOU ARE NOT OVER THE AGE OF THIRTEEN, YOU MAY NOT USE THE SERVICES. By registering for the Services or by downloading any portion of the Services, you consent to doing business with Angel electronically, including allowing Angel to provide notices to you via email or the Services. Please review these Terms carefully and if you do not agree to the Terms, do not use the Services.
Angel reserves the right to update or revise these Terms at any time and you should check periodically to see if any changes have been made (except with respect to your use of the Services on an Apple device, in which case, if conflicting with the prior statement, the Terms may be changed in accordance with the Usage Rules). Your continued use of the Services after any changes to the Terms constitutes acceptance of such revised Terms.
The Services are licensed, not sold, for use only under the Terms. Angel reserves all rights not expressly granted to you.
1. Scope of License: This license is limited to a non-transferable license to use the Services in the United States and Canada (including use of the Services on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules") if using the Services on such Apple device). This license does not allow you to use the Services on any device that you do not own or control, and you may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by this license and, if applicable, the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services). Any attempt to do so is a violation of the rights of Angel and its licensors. Breach of this restriction may subject you to prosecution and damages. The terms of the license will govern upgrades that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license which will then govern. You will not use the Services in any manner which violates the laws of any jurisdiction.
2. Consent to Use of Data: You agree that the terms set forth in Angel's privacy policy found at www.angel.com/privacy-policy.php apply to your use of the Services. In the event of a conflict between the privacy policy and any other Terms, the Terms set forth herein shall prevail. In addition, notwithstanding anything to the contrary, the following apply to use of data and Content (defined below) gathered, provided or otherwise obtained by the Services:
a. You agree that Angel may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, as well as your caller ID and other call information such as length of call and commands accessed during a call that is gathered to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. Angel may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
b. You agree that all data used to register for the Services will be used by Angel for its own internal business purposes as well as to facilitate your use of the Services, which may include allowing Angel to personalize the Services for your use (for example, welcoming you by name). You further agree that Angel may use Content you provide to enable you to post and/or retrieve Content or materials from third party sites as specified in the Services (for example, to enable you to post or retrieve material from your Facebook account).
c. You agree that any CONTENT YOU PROVIDE VIA TELEPHONE WILL BE RECORDED and Angel may use such recorded Content (i) to facilitate your use of the Services; (ii) to play such Content to anyone accessing it via Third Party Materials; and (iii) for Angel's testing, analytical and internal business purposes. Angel makes no guarantees that recordings will be available for any given time, and they may be deleted without notice.
d. You agree Angel may use your phone number to identify you and to link you to your account with a third party such as Facebook. You further agree that any ‘tokens' provided by a third party site to allow you to access its Third Party Materials via the Services may be stored and used by Angel for such purpose.
e. You grant Angel the right to access your accounts with third parties via the information you provide (as well as via any tokens received from such parties), to post Content to such accounts at your direction, to play Content to third parties who access your accounts, and to retrieve and play Third Party Materials (defined below) from your accounts. You represent and warrant you are the legitimate account holder of such accounts and that you have the rights to grant Angel the rights herein.
3. Termination. The license is effective until terminated by you or Angel. Your rights under this license will terminate automatically without notice from Angel if you fail to comply with any of the Terms. Upon termination of the license, you shall cease all use of the Services, and destroy all copies, full or partial, of the Services.
4. Your License to Angel. In addition to any other licenses or permitted uses set forth in the Terms: (a) You grant Angel a royalty-free right and license to store, display, transmit, copy and use any Content you submit for the purposes of your use of the Services and you grant Angel a perpetual, royalty-free right and license to use in any manner any data or Content received by Angel through your registration or through your use of the Services so long as such use is consistent with Angel's privacy policy; and (b) You grant Angel a royalty-free right and license during the term to use your user name, password, and any other credentials you provide to Angel to access your accounts on Third Party Material providers such as Facebook and any others you provide to Angel.
5. Third Party Materials. The Services may enable access to third party services and web sites including but not limited to content, data, information, applications or materials from third parties, or provide links to certain third party web sites (collectively and individually, "Third Party Materials"). Use of the Third Party Materials may require Internet access and that you accept additional terms of service.
a. You understand that by using any of the Third Party Materials, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third Party Materials at your sole risk and that Angel shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
b. By using the Services, you acknowledge and agree that Angel is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Angel does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to you.
c. You understand that Angel is not affiliated with or related to any Third Party Materials, and your ability to access Third Party Materials does not imply a relationship or endorsement between such third party and Angel.
6. Proprietary Rights: You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Angel is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services. Angel and all related trademarks and servicemarks, product names, marks and slogans are the trademarks of or are copyrighted by MicroStrategy Incorporated or Angel.com Incorporated; none of the foregoing may be used without Angel's express prior written consent.
7. Disclaimer: In addition, the Services and Third Party Materials that may be accessed from, displayed on or linked to the Services or from the iPhone or iPod touch are not available in all languages or in all countries. Angel makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access the Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Angel, and its licensors, reserve the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Angel be liable for the removal of or disabling of access to any Services. Angel may also impose limits on the use of or access to the Services, in any case and without notice or liability.
8. Content: You represent and warrant that (i) you have all appropriate and necessary rights to transmit and post any content (audio, video, textual, data or any other type or format) you submit to or via the Services (collectively "Content"); (ii) you have all appropriate and necessary rights to view and or listen to any content you request via the Services; (iii) all Content will meet the requirements and specifications set forth in the relevant third party terms of use or related policies (for example, all Content posted to Facebook through the Services will be in compliance with Facebook's policies); (iv) you will not violate the privacy rights or intellectual property rights of any third party by submitting Content; and (v) none of the Content will violate any applicable law, regulation, third party terms, or these Terms.
9. Your Other Obligations: Use of the Services is for your personal use only. You are responsible for all activity taken under your account(s) including all legal liability incurred from a third party's use of your account(s) and you are responsible for keeping your password(s) confidential. You are solely responsible for your Content and the results from your decision to share your Content. You acknowledge that your use of the Services may involve activities which incur charges from third parties, including charges from your wireless carrier, and that you are fully responsible for such charges.
10. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANGEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANGEL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANGEL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANGEL OR ANY OF ITS AFFILIATES OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ANGEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. ADDITIONALLY, IN NO EVENT WILL ANGEL OR ANY OF ITS AFFILIATES OR LICENSORS BE HELD RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE CONTENT OR ANY THIRD PARTY MATERIALS. In no event shall Angel's (and Angel's affiliates and licensors) total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. Indemnification: You agree to defend, indemnify and hold harmless Angel and its affiliates and licensors from all liabilities, claims and expenses (including attorney's fees) that arise from your violation of the Terms, your improper use of the Services or your Content. Angel reserves the right at its expense to assume the exclusive defense and control of any matter subject to your indemnification, in which case you will fully cooperate with Angel in such defense.
13. Export: You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
14. Government Users: The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
15. Governing Law/Claims: The laws of the Commonwealth of Virginia, excluding its conflicts of law rules, govern this license and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You agree that any cause of action arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in the Eastern District of Virginia and you agree that such courts shall have exclusive jurisdiction and venue over you with respect to such claims. Any claim you may have against Angel must be brought within one year after it arose or it shall be barred.
16. Force Majeure: Angel shall not be liable for any events outside of its reasonable control.
17. Contacting Angel: Any questions, complaints or claims with respect to the Services should be directed to: Prasanna Perera - Angel.com Incorporated 1850 Towers Crescent Plaza, Vienna VA 22182 pperera@angel.com
18. Severability: These Terms (and any related policies) constitute the entire agreement between you and Angel governing the Services. If any part of the Terms are held invalid or unenforceable, that portion shall be construed as closely as possible and in a manner consistent with applicable law to reflect the original intention of the Terms and if not possible, shall be deemed removed with the remaining portions still in full force and effect.
19. Additional Terms Applicable to the iPhone and iPad: If you are installing or using the Services on your iPhone or iPad, the following additional terms and conditions apply to you:
a. You acknowledge that these Terms are concluded between you and Angel only, and not with Apple, and as between Angel and Apple, Angel is solely responsible for the Services and the content thereof. If there is any conflict between these Terms and the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the effective date, those conflicting terms shall prevail over these Terms solely to the extent of such conflict.
b. You and Angel acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
c. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price paid via Apple for the Services; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty.
d. You and Angel acknowledge that as between Angel and Apple, Angel, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. In the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Apple shall have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
f. You can withdraw your consent for Angel to use your Content by providing written notice to Angel as set forth herein and by ceasing all use of the Services from the date of such notice.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. You and Angel agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
© 2011 Angel Incorporated. All Rights Reserved. Terms and Conditions
