Terms of Use
Terms of Use ..
 
 
 
 
 
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Acceptance of Terms
Thank you for using VGTel By using and/or signing up for our internet telephony-based broadcasting services you, our user, agree to the following terms and conditions set by VGTel Inc. (“VGTel.com”), which may updated by us from time to time.
Any new features or enhancements of the service are subject to the Terms of Service.
It is your responsibility to review these Terms of Service and your continued use of the service shall be construed as acceptance of any changes to the Terms of Service.
 
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Privacy Policy
By using and/or signing up for our service, you agree that you have read and accept our Privacy Policy on our web site.
 
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Registration 
You agree, as a condition of your use of the VGTel.com and its services, including but not limited to VGTel™, (the "VGTel.com Service"), to provide VGTel.com with accurate and complete information when registering for or using the VGTel.com Service, and to update and maintain such information. VGTel.com has the right to suspend, restrict or terminate your use of the VGTel.com Service and to refuse any future use of all or portions of the VGTel.com Service if VGTel.com has reason to believe that you have failed to comply with these requirements. If you are under the age of eighteen, you are prohibited from using or registering for the VGTel.com Service. By using or registering for the VGTel.com Service, you warrant to VGTel.com that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the VGTel.com Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the VGTel.com Service is inappropriate for your child.
 
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User Account 
When you sign up, you will establish an email address as the user ID and a password of your choice. You are responsible for protecting the confidentiality of your user name and password, and you are fully responsible for all activities that occur under your user ID. You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify VGTel.com of any loss, compromise or unauthorized use of your User ID and Password or any other breach of security. You may notify VGTel.com by sending an e-mail to support@VGTel.com.
 
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Voice Recording Consent
You agree and consent that VGTel.com may record oral or voice communications, utterances, conversations or commands, made by you during the use of the VGTel.com Service. By using the VGTel.com Service, you expressly consent and grant to VGTel.com the right to record and use these recordings. If you do not authorize VGTel.com to make or use these recordings, you may not use the VGTel.com Service. VGTel.com is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that VGTel.com is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the VGTel.com Service.
 
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Restriction and Modification of Service 
You agree that VGTel.com may limit your use of the VGTel.com Service, including without limitation the frequency and duration for which you may access the VGTel.com Service, and that VGTel.com has no responsibility or liability for any unavailability or limitation on use of the VGTel.com Service. In addition, VGTel.com reserves the right at any time to limit: access to, modify, change or discontinue the VGTel.com Service, or any part thereof, with or without notice. You agree that VGTel.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the VGTel.com Service. You acknowledge and agree that VGTel.com may establish general practices and limits, which may not be published, concerning the use of the VGTel.com Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the VGTel.com Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that VGTel.com has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the VGTel.com Service. You acknowledge that VGTel.com reserves the right to terminate any inactive or dormant account(s). You agree and VGTel.com reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
In addition, you agree that VGTel reserves a right to refuse service anytime for any reason without giving prior notice.
 
 
User Conduct 
As a condition of your use of the VGTel.com Service, you agree and warrant to VGTel.com that you will not use the VGTel.com Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the VGTel.com Service in any manner that could damage, impair, disable or overburden the VGTel.com Service, interfere in any way with VGTel.com’s rights, interfere in any way with any other user's use and enjoyment of the VGTel.com Service, or otherwise infringe on any person's rights.

Specifically, you agree and warrant to VGTel.com that:
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You will not use, or attempt to use, the VGTel.com Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights.
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You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
 
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You will not use, or attempt to use, the VGTel.com Service in connection with any junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
 
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You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
 
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You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
 
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You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with VGTel.com, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
 
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You will not resell, or attempt to resell, the use of the VGTel.com Service without express, prior written consent/permission from VGTel.com;
 
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You will not collect, or attempt to collect, or store information about the VGTel.com Service or other users, including contact information, without their consent;
 
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You will not interfere, or attempt to interfere, with or disrupt connections to the VGTel.com Service or violate the regulations, policies or procedures of such connections;
 
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You will not attempt to gain unauthorized access to the VGTel.com Service, other accounts, computer systems or networks connected to the Service.
 
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You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means.
 
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You agree and VGTel.com retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. VGTel.com may immediately terminate User’s VGTel.com account if User’s conduct is found to be inconsistent with this User Agreement.
 
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Anti-Spam Rule and Consent to Damages 
VGTel.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to VGTel.com (and our customer base) in numerous ways including, but not limited to, damaging the VGTel.com brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. VGTel.com retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by VGTel.com; then you agree to pay VGTel.com liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your VGTel.com account; otherwise, you agree to pay VGTel.com's actual damages, to the extent such actual damages can be reasonably calculated by VGTel.com.
 
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Regulation Compliance 
User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to User’s use of the VGTel.com Service.

User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the VGTel.com Service will not cause VGTel.com to violate these or similar laws. User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the VGTel.com Service will not cause VGTel.com to violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which VGTel.com Services will be applicable. User understands and agrees that VGTel.com will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the VGTel.com Service.
 
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Content Responsibility
As part of the VGTel.com Service, VGTel.com may offer User access to communications, media and commerce services. VGTel.com does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the VGTel.com Service. You acknowledge that the VGTel.com Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that VGTel.com has no obligation to screen, preview, or monitor such Content. By using the VGTel.com Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the VGTel.com Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will VGTel.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the VGTel.com Service.
 
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Phone Charges and Billing 
Please note that VGTel.com calls and delivers messages to phone numbers to all global destinations and charges the rates published on its web site/s, plus any applicable taxes, fees and surcharges as mandated by law. VGTel.com may add/modify the rates or service fees at any time without prior notice. VGTel.com charges the users on a prepaid basis debiting the user’s credit card or bank account. At the user’s request, VGTel.com may automatically charge a preset amount when the user’s account balance falls under a specified threshold.
 
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Disclosure
VGTel.com may make identifiable information available to our employees and third parties with whom we contract. In addition, VGTel.com may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that VGTel.com may make such uses of information you provide or VGTel.com collects.

While VGTel.com is committed to protect your privacy, VGTel.com does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that VGTel.com may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of VGTel.com, its users or the public. VGTel.com does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.

As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that VGTel.com, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
 
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Service Providers 
The VGTel.com Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the VGTel.com Service. VGTel.com does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. VGTel.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve VGTel.com.

You agree that VGTel.com is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
 
 
Disclaimer of Warranties
VGTel.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in our site/s. VGTel.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, communication or material. VGTel.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through our site/s.

THE PRODUCTS AND SERVICES PROVIDED BY VGTEL.COM, AND ALL MATERIALS AND INFORMATION INCLUDED IN VGTEL.COM PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. VGTEL.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VGTEL.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE VGTEL.COM SERVICES. VGTEL.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE VGTEL.COM SERVICES. VGTEL.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VGTEL.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE VGTEL.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE VGTEL.COM SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE VGTEL.COM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
 
 
Limitation of Liability 
UNDER NO CIRCUMSTANCES SHALL VGTEL.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE VGTEL.COM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF VGTEL.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE VGTEL.COM SERVICES, FROM INABILITY TO USE THE VGTEL.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VGTEL.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VGTEL.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VGTEL.COM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE VGTEL.COM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VGTEL.COM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE VGTEL.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE VGTEL.COM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall VGTel.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
 
 
Indemnification
You agree to indemnify, defend and hold harmless VGTel.com, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
                              
 
Intellectual Property Rights          
You acknowledge and agree that the VGTel.com Service and any necessary software used in connection with the VGTel.com Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the VGTel.com Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the VGTel.com Service, except as set forth herein. VGTel.com, the VGTel.com logo and other VGTel.com logos, product and service names may be trademarks, service marks or other intellectual property of VGTel.com (the " VGTel.com Marks"). You agree not to display or use the VGTel.com Marks in any manner without the prior, express written permission of VGTel.com.
 
 
Miscellaneous Provisions 
These Terms of Service will be governed by and construed in accordance with the laws of the State of New-York, Any action relating to this Agreement must be brought in the federal or state courts located in  New-York, NY without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by VGTel.com.