Terms and Conditions -- VBlast
VBlast Inc. operates this web site (https://www.uvoxnetworks.com/elmo/ or http://elmocalls.sesameworkshop.org/ ) (the "Web site") pursuant to agreements with Sesame Workshop.
VBlast provides a unique distribution system for pre-recorded voice messages to any analogue or cellular phone. VBlast uses its proprietary telephony broadcast technologies ("VBlast Voice Technology") to deliver entertaining calls that are user-defined, customized, personalized and localized. The VBlast Voice Technology along with the Web site, will be known as the "It's Elmo Calling!/VBlast Service."
The It's Elmo Calling!/VBlast Service will be subject to the following terms and conditions (the "Terms"). Any new features, or changes to update or improve the current It's Elmo Calling!/VBlast Service shall be subject to the Terms unless expressly stated otherwise. This service is void in Quebec, Canada.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
MODIFICATION OF TERMS
VBlast may revise the Terms from time to time by updating this posting. By using any part of the It's Elmo Calling!/VBlast Service, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms to which you are bound. Revisions to the Terms will become effective upon posting, and apply to all calls that are completed after the posting. Your subsequent continued use of the It's Elmo Calling!/VBlast Service constitutes your agreement to the revised Terms disseminated on our Web Site.
MODIFICATION OF THE IT'S ELMO CALLING!/VBlast SERVICE
VBlast reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the It's Elmo Calling!/VBlast Service (or any part of the It's Elmo Calling!/VBlast Service) with or without notice. You agree that VBlast may terminate or limit your use of any part or all of the It's Elmo Calling!/VBlast Service, including the number and duration of access to the It's Elmo Calling!/VBlast Service with or without cause, with or without notice, effective immediately, for any reason whatsoever. You agree that VBlast shall not be liable to you or to any third party for any modification, suspension, limitation or discontinuance of the It's Elmo Calling!/VBlast Service, except that VBlast will refund amounts paid for calls originally scheduled for a date that is after the date of VBlast's discontinuation of the service.
PRIVACY POLICY
By registering for or using the It's Elmo Calling!/VBlast Service, you acknowledge that you have read and accepted the Privacy Policy contained in our web site. You may access our Privacy Policy now.
CALL POLICY
By registering for or using the It's Elmo Calling!/VBlast Service, you acknowledge that you have read and accepted the Call Policy contained in our web site. You may access our Call Policy now.
USE OF THIS WEB SITE
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web site are either the property of, or used with permission by, VBlast or Sesame Workshop and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
ACCURATE INFORMATION
In consideration of your use of the It's Elmo Calling!/VBlast Service, and if you elect to order the It's Elmo Calling!/VBlast Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the It's Elmo Calling!/VBlast Service's order form (such information being the "Order Data"). If you provide information that is untrue, inaccurate, not current or incomplete, or if VBlast has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VBlast has the right to suspend or terminate your use of the It's Elmo Calling!/VBlast Service and any future use of the It's Elmo Calling!/VBlast Service (or any portion of the It's Elmo Calling!/VBlast Service).
NO RESALE OR TRANSFER OF THE IT'S ELMO CALLING!/VBlast SERVICE
Your right to use the It's Elmo Calling!/VBlast Service is personal to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the It's Elmo Calling!/VBlast Service, use of the It's Elmo Calling!/VBlast Service, or access to the It's Elmo Calling!/VBlast Service.
TRADEMARKS
Certain trademarks, trade names, service marks and logos used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of Vblast and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Sesame Workshop and its affiliates. Nothing contained on this Web site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web site without the written permission of VBlast or such third party owner.
LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web site without VBlast's prior written permission is prohibited. Running or displaying this Web site or any material displayed on this Web site in frames or through similar means on another Web site without VBlast's prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by VBlast, Sesame Workshop, or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. Neither VBlast, Sesame Workshop nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither VBlast, Sesame Workshop nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web site, you do so entirely at your own risk.
DISCLAIMERS
YOUR USE OF THE IT'S ELMO CALLING!/VBLAST SERVICE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE IT'S ELMO CALLING!/VBLAST SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VBLAST, SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE IT'S ELMO CALLING!/VBLAST SERVICE. THE MATERIALS AND SERVICES ON OR THROUGH THE IT'S ELMO CALLING!/VBLAST SERVICE MAY BE OUT OF DATE, AND NEITHER VBLAST, SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. NEITHER VBLAST NOR SESAME WORKSHOP MAKE ANY WARRANTY THAT (I) THE IT'S ELMO CALLING!/VBLAST SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE IT'S ELMO CALLING!/VBLAST SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IT'S ELMO CALLING!/VBLAST SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE IT'S ELMO CALLING!/VBLAST SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
Neither VBlast nor Sesame Workshop assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web site or your downloading of any materials, from this Web site. IN NO EVENT WILL VBLAST, SESAME WORKSHOP, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE IT'S ELMO CALLING!/VBLAST SERVICE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE IT'S ELMO CALLING!/VBLAST SERVICE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE IT'S ELMO CALLING!/VBLAST SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE IT'S ELMO CALLING!/VBLAST SERVICE. NEITHER VBLAST NOR SESAME WORKSHOP SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU SPECIFICALLY ACKNOWLEDGE THAT VBLAST AND SESAME WORKSHOP ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL OR CONDUCT OF OTHER USERS OR THIRD PARTIES EVEN IF SUCH MATERIAL IS TRANSLATED TO AND TRANSMITTED BY VOICE BY VBLAST, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES ON OR ACCESSED THROUGH THE IT'S ELMO CALLING!/VBLAST SERVICE.
INDEMNIFICATION
Upon VBlast's request, you agree to defend, indemnify and hold VBlast harmless from any dispute that may arise from your breach of the Terms. You agree to hold VBlast, Sesame Workshop, and their affiliates, employees, contractors, officers, directors, Service Providers and advertisers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of VBlast in that matter.
ENTIRE AGREEMENT
These Terms and Conditions and the Privacy Policy govern your use of the It's Elmo Calling!/VBlast Service and constitute the entire agreement between you and VBlast. They supercede any prior agreements between you and VBlast.
GOVERNING LAW AND ARBITRATION
Any action related to the Terms and Conditions will be governed by the laws of the State of California, U.S.A., regardless of the principles of conflicts of laws, and the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any dispute relating to the Terms shall be brought solely in arbitration in California, before a single arbitrator using the Commercial Rules of the American Arbitration Association.
MISCELLANEOUS
Any failure by VBlast to exercise any rights or enforce any of the Terms shall not constitute a waiver of such rights or terms. If any portion of the Terms or Privacy Policy is held to be unenforceable by an arbitrator, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
YOUR CONDUCT
You are solely responsible for the contents of your transmissions through the It's Elmo Calling!/VBlast Service. Your use of the It's Elmo Calling!/VBlast Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) not to use the It's Elmo Calling!/VBlast Service for any illegal purpose; (2) not to use the It's Elmo Calling!/VBlast Service in any manner that could damage, impair, disable or overburden the It's Elmo Calling!/VBlast Service or in any way interfere with any other user's use and enjoyment of the It's Elmo Calling!/VBlast Service; and (3) to comply with these Terms and Conditions and all other policies and procedures relating to the It's Elmo Calling!/VBlast Service. VBlast may, at its sole discretion, immediately terminate your membership or use of the It's Elmo Calling!/VBlast Service should VBlast in the exercise of its sole discretion, determine that your conduct fails to conform with these Terms and Conditions.
NOTICE
We may give notice to you by means of a general notice on our web site, via electronic mail to your e-mail address on record or by written communication sent by first class mail to the address you provide to VBlast if and when you register for our service. You may give notice to VBlast (such notice shall be deemed given when received by VBlast at any time) by any of the following: Electronic mail to SUPPORT@VBLAST.NET; and/or Letter delivered by first class postage prepaid mail to Customer Service-VBlast at the following address: VBlast, Inc. 7551 Sunset Boulevard, Suite 100 Hollywood, California 90046
Privacy Policy
We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting this website you are accepting the practices described in this Privacy Notice.
VBlast operates and provides the It's Elmo Calling!/VBlast Service and the "It's Elmo Calling!" website ("Site") pursuant to an agreement with Sesame Workshop. Sesame Workshop receives and controls your customer information, and will use it in accordance with its Privacy Policy at http://www.sesameworkshop.org/aboutus/involved_privacy_policy.php.
VBlast Policies
VBlast will only use your customer information as necessary to provide the services that you request from us, and will not disclose your personally identifiable information to third parties except as expressly set forth below.
VBlast does not sell the services directly to anyone who we know to be under the age of 18, nor do we collect any personally identifiable information from anyone who we know to be under the age of 18. Users who are under 18 may use this Site only with involvement of a parent or guardian and should not submit any personally identifiable information to us.
Log Data
Your IP address, operating system, browser and reference site domain name are logged every time you visit our site. This log data is used for the analysis of load information and maximizing the efficiency of our servers. We also use this data to analyze user behavior patterns. We use this information to develop a better site for our customers. VBlast reserves the right to cooperate with law enforcement officials in the investigation of alleged unlawful activities of our customers related to electronic communication transmitted on our site. VBlast will have no legal liability for such disclosures.
Cookies: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses us. VBlast uses cookies to provide features such as auto-login and to determine when customers have previously visited our site. Our cookies do not contain any personal information about you, so only VBlast will be able to use the cookies to determine your identity. If you choose to set your browser to reject cookies, we will not be able to make auto-login functionality available to you, including giving you access to modify or reschedule your scheduled calls.
Ordering from the Site
When you order from the Site, we require you to provide us with your name, e-mail address, billing address, phone number(s), credit card number and expiration date. We only use this information to process and fulfill your order. Confirmations of your order are sent via e-mail. If you do not complete the order process (e.g. fail to enter a valid credit card number/expiration date or fail to complete a purchase transaction) the information you submitted during the order process will be promptly deleted from our system. Once you have successfully entered a valid credit card number/expiration date and completed the order process, an order will be created and maintained for you.
VBlast will not use your information other than as necessary to provide the services that you request from us, and will not disclose your personally identifiable information to third parties except as expressly set forth below. VBlast will not, for example, contact you with promotional offers or share your customer information with third parties for such purposes.
Sharing and Use of Information with Third Parties
VBlast will not sell, transfer, disclose or share with third parties personally or non-personally identifiable information collected on the Site, except in the following instances:
E-mail to a Friend
Users of the Site have the opportunity to e-mail their friends and family. In order to accomplish this, they must provide to us their friend or family's e-mail address. We only use this information to send their friend or family the information they requested that their friend or family receive. We delete their friend's or family's e-mail address after we send the e-mail.
What technology does VBlast use to ensure the security of credit card transactions? We are committed to the highest standards in credit card security to protect the information you provide when you make a purchase. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology to protect the storage and transfer of your data from unauthorized parties. VBlast also uses a digital secure server ID from Verisign to provide you with the best possible protection on the Internet.
How secure is my VBlast account information? VBlast has security measures in place to protect the loss, misuse and alteration of your information. Only select employees and agents of VBlast have access to this information. This information is accessed for the sole purpose of completing your order.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
Does VBlast ensure the privacy practices of other sites to which it provides links? While we carefully select the Web site to which we link, we are not responsible for the privacy practices or the content of these Web sites.
How will I know when VBlast changes its privacy policy? Our privacy policy is regularly reviewed to make sure we continue to serve the privacy interests of our customers. We reserve the right to change and update the privacy policy, and we will notify you of these changes by posting our new policy on our Web site. We encourage you to visit this page from time to time to ensure you are aware of any changes we may have made.
How can I contact VBlast if I have concerns regarding my privacy? If you have questions at any time regarding our privacy policy, you may contact VBlast by using the Customer Service link above in the HELP section. You may notify us by e-mail privacypolicy@uvox.net or use the following mailing address: VBlast, Inc. 7551 Sunset Blvd. #100 Hollywood, California 90046 Attention: Privacy Policy. To reach our Customer Service Department online with any questions or comments you may have, please send us an e-mail at: support@uvox.net. We read every message and try to reply promptly to every one. This information is used to respond directly to your questions or comments and for no other purpose. We may also file your comments and share them with our customer care team to improve our service in the future. This Privacy Policy was last updated on March 30, 2005.