Terms of Services

Welcome

Welcome to the Fonify web site. Through its network of web sites, Fonify provides you with access to a variety of resources, product information, and services (collectively “Services”). These Services, including any updates, enhancements, new features, and/or the addition of any new websites of Fonify and its affiliates, are subject to these “Terms of Use”.

This website (the “Site”) is created, owned, operated and maintained by or for Fonify.

Legal Notice – Terms and Conditions V.1.0 – May 2017

Please read these Terms and Conditions of Use, including our Privacy Policy (“Terms and Conditions”) carefully before accessing and navigating the Site. You may use the Site only if you agree to and accept these Terms and Conditions without limitation or reservation. We may revise the Terms of Use and Privacy Policy at any time without prior notice to you.
Registration on this Site

If you chose to register on this Site or any related Fonify website, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FONIFY immediately of any unauthorized use of your account or any other breach of security. FONIFY will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FONIFY or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Limitation of Use

All materials on the Site are protected by U.S. copyright laws, and other applicable laws and treaty provisions of countries throughout the world. Except for personal or non-commercial internal use, copying, modifying, reproducing in whole or part, uploading, transmitting, distributing, licensing, selling and publishing any of the materials is prohibited without obtaining prior written permission from Fonify.
Use of materials on Site shall NOT be interpreted as a comprehensive or partial grant and / or assignment of Fonify’s and / or any third party patent, utility model, trademark, trade name, service mark, copyright, design, trade secret or any other intellectual property right by FONIFY or the third parties, even if you are using materials on Site in accordance with these “Terms of Use”.
FONIFY may change and / or alter the contents of the Site or may suspend or discontinue the Services provided through the Site at any time without any prior notice. NEITHER FONIFY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY ALTERATION OR CHANGE OF THE CONTENTS OR INABILITY TO USE THE SITE.
When copying or quoting the Site, please contact the administrator of the Site (tom@fonify.net) for permission in advance. FONIFY reserves the right at its sole and exclusive discretion to refuse your request to copy or quote from this Site.
Proposal and Offers

FONIFY does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to FONIFY will be deemed NOT to be confidential. FONIFY shall not be obligated to examine, evaluate, and adopt such information or material.
By sending FONIFY any information or material, you grant FONIFY an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material, and you also agree that FONIFY is free to use any ideas, concepts, know-how or techniques that you send FONIFY for any purpose. Therefore, FONIFY shall not be responsible for any loss, expense or damage including, but not limited to, payment of compensation, in connection with the FONIFY’s adoption of the information or material identical or similar to the information or material that you send FONIFY
Software License Agreement

All software that is made available on the Site is the copyrighted work of the respective owner(s) and is protected by copyright laws and other applicable laws and treaty provisions for each country throughout the world. Use of this software is subject to the terms and conditions of each end-user license agreement between the owner of such software and end-user thereof, copyright laws and other applicable laws and treaty provisions for each country throughout the world.

Any software which you download from the Site is governed in accordance with (i) the license terms accompanying the respective EULA or file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Fonify Corporation or other third parties. Users are not permitted to use these Marks for any purposes without the prior written consent of Fonify or such third party that may own the Mark which consent may be granted or denied in such owner’s sole discretion. Please see the complete list of Fonify Trademarks.

The trademark “FONIFY” and any FONIFY product names used, quoted and/or referenced within the Site are trademarks or registered trademarks of FONIFY Co., Ltd. Other company names and product names used, quoted and/or referenced in the Site may be protected as their respective trade name, trademarks or registered trademarks.

Third Party Web Sites, Content, Products and Services

This Site provides links to Web Sites and access to content, products, and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You expressly agree that Fonify Corporation is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

YOU AGREE THAT FONIFY IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SITE, INCLUDING OPINIONS, ADVICE, STATEMENTS AND ADVERTISEMENTS, AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF SUCH CONTENT.

If you choose to purchase any products or services from a third party, your relationship is directly with the third party. YOU AGREE THAT FONIFY IS NOT RESPONSIBLE FOR: (a) THE QUALITY OF THIRD PARTY PRODUCTS OR SERVICES; and (b) FULFILLING ANY OF THE TERMS OF YOUR AGREEMENT WITH THE SELLER, INCLUDING DELIVERY OF PRODUCTS OR SERVICES AND WARRANTY OBLIGATIONS RELATED TO PURCHASED PRODUCTS OR SERVICES. YOU AGREE THAT FONIFY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR FROM DEALING WITH A THIRD PARTY.

Site Security

FONIFY uses reasonably available technology and reasonable security procedures to maintain the security of the Site; however, you acknowledge that no provider can absolutely prevent interception of data or guaranty security of information maintained on computers and on the Internet

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, or by means commonly known as overloading, flooding, spamming, mail-bombing, or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) changing any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FONIFY will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from FONIFY on this Site and other than generally available third party web browsers (such as Netscape Navigator or Microsoft Explorer).

Disclaimers and Warranties

Although Fonify has attempted to provide accurate information on the Site, Fonify assumes no responsibility for the accuracy of the information. Fonify may change the programs or products mentioned at any time without notice. Mention of non-Fonify products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS”. FONIFY AND/OR ANY OF ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND/OR SAFETY OF THE CONTENTS OF THE FONIFY WEBSITE, OR AS TO ANY OF THE SERVICES PROVIDED THEREON, AND ANY REPRESENTATIONS AND WARRANTIES RELATING THERETO ARE EXPRESSLY DISCLAIMED. FONIFY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY FONIFY PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FONIFY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclosure: Forward-Looking Statements

Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may materially differ. We refer you to Fonify Web site (www.fonify.net) for further information.

Applicable Laws

FONIFY CONTROLS THIS SITE FROM ITS OFFICES WITHIN THE UNITED STATES OF AMERICA. FONIFY MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT IS ILLEGAL OR PROHIBITED.

Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials from this Site in violation of U.S. export laws and regulations. Any claim relating to any materials or Services shall be governed by the internal substantive laws of the State of New Jersey.