Last updated: October 25th, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Cartoon Draw Cam
app (the "Service") operated by Asmira Ester ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Services Provided
Our app offers you, among other things, the ability to record local toll, domestic long distance and international telephone calls. These services are provided on a free or pre-paid basis and do not require you to change your current telephone service provider(s). We are not responsible for reimbursement for calls made with another service while our app is temporarily unavailable.
2. Opening an Account
In order to become our customer, you must complete an application form through our mobile app, and must agree to these terms and conditions. As part of the application, you will provide our app with the unique phone number from which you will be placing calls.
By agreeing to these terms and conditions, you certify to our app that you have the right to use the number that you have identified.
3. Acceptable Conduct
You agree to use the our services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.
In particular, depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without informing the other parties that you are doing so.
We reserves the right to immediately, and without notice, terminate or discontinue your Account in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, we may monitor or record customers' calls and provide call detail records or recordings to law enforcement agencies.
4. Account Security
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account is being used in an unauthorized manner, you agree to contact us within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the mobile phone number that you have provided to us. Our app is not responsible for the actions of any person that accesses the service through that phone number. Please note that you are responsible for any and all charges to your account and we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or Account.
Our rates for services are listed in the app and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using our app’s services. We reserves the right to modify its rates at any time and/or to offer special promotions.
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules concerning those features.
7. Billing Information
We don’t send invoices to our customers. Instead, you have confidential access to your Account balance information through the mobile app store.
8. Billing Disputes
You must notify us by e-mail of any disputed charges or incorrect payment amounts. We will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent we determine, at our sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
9. Ownership of Account
Our app recognizes the person who controls the registered mobile phone number as the sole owner of the Account.
You may discontinue service at any time upon notice (either electronic or written) to our e-mail. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
We reserves the right, at our sole discretion and for any reason, (a) to terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, we have the right to put an Account immediately on hold until further investigation takes place.
We reserve the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
13. No Warranties
WE DON’T MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF OUR SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
14. Force Majeure
WE shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of our services.
You agree to indemnify, defend and hold our services, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, your use of the our services.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
17. Consent to Communications
By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from our service. In addition to sending you text message notifications as provided for above, we may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail from our support . We reserves the right, however, to continue to contact you regarding important information relating to your Account, or this agreement.
This agreement may be modified or amended by our company at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website or our application under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
20. Integration - Entire Agreement
This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and our company with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and our company.
21. Governing Law
This agreement, and all modifications and amendments thereto, shall be governed by the law of the State of New York, U.S.A., without giving effect to its conflicts of laws principles.
The materials contained in our application and it’s website are provided for general information and entertainment purposes only and do not constitute any form of advice. Our company assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but our company accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site and app.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
24. Contact us
If you have any questions about this Terms, please contact us:
By email: email@example.com
By visiting this page on our website: http://cartoondraw.iosappmanage.be