Terms of Use
Last update on Dec 10, 2012 WELCOME TO PHONEPLUS! Phoneplus is an enhanced telephony service ("Service") that allows customers to call their contacts anywhere in the world at incredible low rates using a free mobile application (“App”) downloaded on their device. The Service is provided by BambooMedia Inc. (“BambooMedia”), located at 122 Hugo Street, San Francisco, CA 94122, United States.
Your affirmative act of using the Service signifies that you agree to the following Terms. It is important that you read carefully and understand the whole content of these terms. However, here are a few key points that we need to underline: Key Points No access to emergency services: The Service is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Service does not allow its customers to place emergency services calls.
Check restrictions on use: In some countries, there are restrictions on the use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service where you are located. BambooMedia has also the right to restrict calls to any telephone numbers in its sole discretion, including, but not limited to certain geographic locations. Phoneplus Account (“Account”) You need to create your own Account in order to use our Service. You agree to provide current, accurate data and other information that may be required as part of the Account creation process and/or continued use of the Service and to maintain and promptly update the data to keep it true, accurate, current and complete.
BambooMedia does not claim any ownership in any of the content that you or your callers upload, transmit or store in your Phoneplus account. We will not use any of your content for any purpose except to provide you with the Service. However, you give BambooMedia (and our partners) a worldwide license to use, host, store, reproduce, communicate, publish, publicly perform, publicly display and distribute such content. Rates Unless stated otherwise, all rates and charges shall be stated in EURO and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. BambooMedia reserves the right to change the call rates per minute (”Rates”) at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Service, following the adjustments of the rates, you accept such adjustments. Payment Customers may purchase calling credits (“Credits”) to be used for the Service. Credits are billed at the time of purchase. You acknowledge and agree that BambooMedia may use a third party to process your payments and perform fraud checks. Usage of Credits is billed at the end of each call in one second increments with a minimum of 0,10 euro. Other than as required by law, any credits that you have purchased will expire twelve (12) months from the date of last purchase of that credit balance, and may not be transferred. Refund Policy Other than as required by law, BambooMedia will not refund any amounts paid. All sales are final. You cannot cancel a purchase or receive a refund for a purchase. The Service may provide history about your activity during a limited period such as payments, call logs, and your current Account balance. History is the only statement of your Account that BambooMedia will provide to you. It is your responsibility to retain copies for your records. Privacy In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Our privacy policies explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that BambooMedia can use such data in accordance with our privacy policies. You can review the most current version of our Privacy Policy at any time at http://www.Phoneplus.com/privacy. Using our Service You must provide and are responsible for all equipment necessary to access the Service and it is your responsibility to check the list of devices on the Website to ensure you download the correct App for your device. You expressly acknowledge and agree that calls placed with the Service are routed through and provided by various licensed partners and that any phone number(s) provided to you by the Service are shared by multiple end-users.
You are responsible for obtaining access to the Service. That access may involve third-party fees (such as Internet service provider or telecoms operator charges). BambooMedia is not liable for these or any other costs you may incur by using third party services. In particular, you will also pay any additional charges you incur if you connect to the Service through a phone number provided by the Service. Local and Roaming Charges are charged in addition to any charges you may incur when connecting to the Service.
The Service is made available to you for your personal use only and not for any commercial purposes (including without limitation telemarketing or solicitation purposes).
You agree that you will use the Service in compliance with all applicable national and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BambooMedia; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose, such as distribution of unsolicited or unauthorized material, including distribution of viruses, worms, defects, Trojan horses, corrupted files or any other items of a destructive or deceptive nature.
Violation of any of the foregoing may result in immediate termination of the Service, and may subject you to penalties and other legal consequences. You acknowledge, consent and agree that BambooMedia may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BambooMedia, the Service, its users and the public.
Our Service may display or give access to some content that is not BambooMedia’s. This content is the sole responsibility of the entity that makes it available. Under no circumstances BambooMedia will be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service, nor does BambooMedia have any obligation to monitor such third party content. Intellectual Property Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
BambooMedia grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single mobile phone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BambooMedia for use in accessing the Service.
The Phoneplus trademarks and other Phoneplus logos and product and service names are trademarks of BambooMedia (“Marks"). Without BambooMedia prior permission, you agree not to display or use in any manner the Marks. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Service. Modifying and Terminating The Service BambooMedia also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You can stop using our Service at any time, you only have to uninstall the App by following the uninstall instructions for mobile applications in your mobile phone manual.
BambooMedia may, under certain circumstances and without prior notice, immediately terminate your Account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) untrue, inaccurate, not current or incomplete, Account Data or if BambooMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or (h) use of the Service with software or a device that is not identified on the Website as compatible.
In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your account although residual copies of information may remain in our system. If your mobile device is stolen or if you become aware of any unauthorized use of your password or account, you must notify us immediately to suspend the Service. You are responsible for all charges to your account with the Service until the access to the Service is suspended. Indemnification You agree to indemnify and hold BambooMedia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (each, a “BambooMedia party”, and collectively, the “BambooMedia parties”) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. Warranties And Disclaimers You expressly understand and agree that, to the maximum extent permitted by applicable law (a) The Service is provided on an “as is” and “as available” basis. The BambooMedia parties disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. The BambooMedia parties disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (b) BambooMedia makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, and (iii) any errors in the Software will be corrected; (c) Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Since the Service will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Service, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the networks. BambooMedia will not be liable for any disruption, delays, eavesdropping or other omissions in the Service. However, BambooMedia shall endeavor to provide the Service with minimum disruptions. Liability In no event, BambooMedia and its suppliers and distributors, will not be liable for any damages, including without limitation any indirect, consequential, special, incidental damages arising out of, based on or resulting from these Terms or your use of the Service, even if such BambooMedia party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence or (iv) any other cause of action to the extent such exclusions and limitations are not prohibited by applicable law.
BambooMedia and its suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages and, in any event, is limited to the amount you paid us to use the Service. About these terms You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. In the event that we do so, we will post notice of any such change, modification, addition, or deletion by sending you a notification or by prominently posting notice of the any such change, modification, addition, or deletion on http://www.phoneplus.com/terms. Any such change, modification, addition, or deletion will be effective no sooner than fifteen (15) calendar days after they are posted. However, changes addressing new features for the Service or changes made for legal reasons will be effective immediately. If you continue to use the Service after we post changes to these Terms, you are signifying your acceptance of the new terms.
The laws of the State of Delaware, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts in the State of Delaware, Delaware County have exclusive jurisdiction over any claim or dispute with BambooMedia or relating in any way to your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
For information about how to contact BambooMedia, please visit our contact page at http://www.phoneplus.com/contact.
Your affirmative act of using the Service signifies that you agree to the following Terms. It is important that you read carefully and understand the whole content of these terms. However, here are a few key points that we need to underline: Key Points No access to emergency services: The Service is not a replacement for your ordinary mobile or fixed line telephone. In particular, the Service does not allow its customers to place emergency services calls.
Check restrictions on use: In some countries, there are restrictions on the use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service where you are located. BambooMedia has also the right to restrict calls to any telephone numbers in its sole discretion, including, but not limited to certain geographic locations. Phoneplus Account (“Account”) You need to create your own Account in order to use our Service. You agree to provide current, accurate data and other information that may be required as part of the Account creation process and/or continued use of the Service and to maintain and promptly update the data to keep it true, accurate, current and complete.
BambooMedia does not claim any ownership in any of the content that you or your callers upload, transmit or store in your Phoneplus account. We will not use any of your content for any purpose except to provide you with the Service. However, you give BambooMedia (and our partners) a worldwide license to use, host, store, reproduce, communicate, publish, publicly perform, publicly display and distribute such content. Rates Unless stated otherwise, all rates and charges shall be stated in EURO and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. BambooMedia reserves the right to change the call rates per minute (”Rates”) at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Service, following the adjustments of the rates, you accept such adjustments. Payment Customers may purchase calling credits (“Credits”) to be used for the Service. Credits are billed at the time of purchase. You acknowledge and agree that BambooMedia may use a third party to process your payments and perform fraud checks. Usage of Credits is billed at the end of each call in one second increments with a minimum of 0,10 euro. Other than as required by law, any credits that you have purchased will expire twelve (12) months from the date of last purchase of that credit balance, and may not be transferred. Refund Policy Other than as required by law, BambooMedia will not refund any amounts paid. All sales are final. You cannot cancel a purchase or receive a refund for a purchase. The Service may provide history about your activity during a limited period such as payments, call logs, and your current Account balance. History is the only statement of your Account that BambooMedia will provide to you. It is your responsibility to retain copies for your records. Privacy In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Our privacy policies explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that BambooMedia can use such data in accordance with our privacy policies. You can review the most current version of our Privacy Policy at any time at http://www.Phoneplus.com/privacy. Using our Service You must provide and are responsible for all equipment necessary to access the Service and it is your responsibility to check the list of devices on the Website to ensure you download the correct App for your device. You expressly acknowledge and agree that calls placed with the Service are routed through and provided by various licensed partners and that any phone number(s) provided to you by the Service are shared by multiple end-users.
You are responsible for obtaining access to the Service. That access may involve third-party fees (such as Internet service provider or telecoms operator charges). BambooMedia is not liable for these or any other costs you may incur by using third party services. In particular, you will also pay any additional charges you incur if you connect to the Service through a phone number provided by the Service. Local and Roaming Charges are charged in addition to any charges you may incur when connecting to the Service.
The Service is made available to you for your personal use only and not for any commercial purposes (including without limitation telemarketing or solicitation purposes).
You agree that you will use the Service in compliance with all applicable national and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BambooMedia; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose, such as distribution of unsolicited or unauthorized material, including distribution of viruses, worms, defects, Trojan horses, corrupted files or any other items of a destructive or deceptive nature.
Violation of any of the foregoing may result in immediate termination of the Service, and may subject you to penalties and other legal consequences. You acknowledge, consent and agree that BambooMedia may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BambooMedia, the Service, its users and the public.
Our Service may display or give access to some content that is not BambooMedia’s. This content is the sole responsibility of the entity that makes it available. Under no circumstances BambooMedia will be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service, nor does BambooMedia have any obligation to monitor such third party content. Intellectual Property Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
BambooMedia grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single mobile phone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BambooMedia for use in accessing the Service.
The Phoneplus trademarks and other Phoneplus logos and product and service names are trademarks of BambooMedia (“Marks"). Without BambooMedia prior permission, you agree not to display or use in any manner the Marks. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Service. Modifying and Terminating The Service BambooMedia also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You can stop using our Service at any time, you only have to uninstall the App by following the uninstall instructions for mobile applications in your mobile phone manual.
BambooMedia may, under certain circumstances and without prior notice, immediately terminate your Account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) untrue, inaccurate, not current or incomplete, Account Data or if BambooMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or (h) use of the Service with software or a device that is not identified on the Website as compatible.
In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your account although residual copies of information may remain in our system. If your mobile device is stolen or if you become aware of any unauthorized use of your password or account, you must notify us immediately to suspend the Service. You are responsible for all charges to your account with the Service until the access to the Service is suspended. Indemnification You agree to indemnify and hold BambooMedia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (each, a “BambooMedia party”, and collectively, the “BambooMedia parties”) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. Warranties And Disclaimers You expressly understand and agree that, to the maximum extent permitted by applicable law (a) The Service is provided on an “as is” and “as available” basis. The BambooMedia parties disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. The BambooMedia parties disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (b) BambooMedia makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, and (iii) any errors in the Software will be corrected; (c) Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Since the Service will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Service, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the networks. BambooMedia will not be liable for any disruption, delays, eavesdropping or other omissions in the Service. However, BambooMedia shall endeavor to provide the Service with minimum disruptions. Liability In no event, BambooMedia and its suppliers and distributors, will not be liable for any damages, including without limitation any indirect, consequential, special, incidental damages arising out of, based on or resulting from these Terms or your use of the Service, even if such BambooMedia party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence or (iv) any other cause of action to the extent such exclusions and limitations are not prohibited by applicable law.
BambooMedia and its suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages and, in any event, is limited to the amount you paid us to use the Service. About these terms You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. In the event that we do so, we will post notice of any such change, modification, addition, or deletion by sending you a notification or by prominently posting notice of the any such change, modification, addition, or deletion on http://www.phoneplus.com/terms. Any such change, modification, addition, or deletion will be effective no sooner than fifteen (15) calendar days after they are posted. However, changes addressing new features for the Service or changes made for legal reasons will be effective immediately. If you continue to use the Service after we post changes to these Terms, you are signifying your acceptance of the new terms.
The laws of the State of Delaware, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts in the State of Delaware, Delaware County have exclusive jurisdiction over any claim or dispute with BambooMedia or relating in any way to your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
For information about how to contact BambooMedia, please visit our contact page at http://www.phoneplus.com/contact.