Picaphone.com (BETA Version) Terms of Use and End User License Agreement
These Terms of Use and End User License Agreement govern your use of the website.
http://pt.picaphone.com
(hereinafter: "the Site") and the service offered therein (hereinafter: "the Service"),
and include a brief description of our Privacy Policy. By using the Site and the
Service you agree to be bound by these Terms of Use and End User License Agreement,
and confirm that you are able to read this Agreement in the English language. In
addition, you must be at least 13 years old to use the Site. By using the Site you
represent that you are over 13 years old.
Description of the Service
The Service offered on the Site is an online worldwide directory of contact details
of people and businesses, which is intended for two main purposes: (1) To enable
users to find people and businesses of their interest wherever they wish throughout
the world, in one searchable database; and (2) To enable users to access their personal
phonebook of contact people from every computer, by accessing the Site using their
personal password.
Use of the Site and the Service - Main Features
The Site is currently in BETA stage, is constantly evolving, and does not yet include
all planned functionalities and features. In addition, the Site is available in
numerous languages. However, some functionalities may not be available in some of
the languages. Following are the main features which are currently available on
the Site:
(a) Personal cards - Once you enter the Site, you will be able to create your personal
card (hereinafter: the "Card"), which shall include your full name as well as either
(or all) of the following details: your physical address, your e-mail address, your
phone and/or fax number, your photograph, your gender and your date of birth. Your
Card (including all the details included therein) will become publicly available
on the internet to all users of the Site and its related services (hereinafter:
Users), unless you choose to limit the visibility of some of the information therein
only to your contact people on the Site. In addition, the Site shall include a search
engine enabling Users to search through all Cards available on the Site, according
to various criteria (including location, name, field of business, and more).
(b) Your personal contacts phonebook - In addition to creating your Card as detailed
above, upon providing your consent in this respect, we will also import to your
Site account your contact people from your various e-mail accounts (including Outlook
and web based mailboxes such as Gmail). As a result, you will be able to create
your online personal phonebook of contact people. This personal phonebook will be
visible only to you (upon entering the Site using your password). In addition, you
will be able to call the people appearing in your contact people's list on the Site
by using VOIP (voice over IP) technology available through the Site and the Service.
In addition, upon obtaining your approval, the people who appear in your personal
phonebook shall receive an invitation e-mail to join the Site, which shall include
your name as the source of their contact details.
(c) Communications between Users on the Site - Users will be able to communicate
with each other on the Site by various means, including via an "inner mail" feature
available on the Site, by means of voice (through VOIP technology), video or text
messages.
License and Proprietary Rights
The Site and the Service are protected by copyright laws and applicable international
treaties. Picaphone hereby grants you a personal, non-exclusive, non-transferable
license to use the Site and the Service, subject to the terms and conditions of
this Agreement.
Once you upload information on the Site (i.e. create a Card, a personal contacts
phonebook, etc.), you hereby grant Picaphone a non-exclusive license to use the
information on the Site and the Service, under the terms and conditions of this
Agreement.
Except for certain technology (including the VOIP technology licensed by Picaphone
from Voiceme.com and a contacts importer tool licensed by Picaphone from Octazen.com)
and information licensed by Picaphone by Users, Picaphone is the owner of all rights
in the Site and the Service, and nothing in this Agreement shall be deemed as a
grant of any such rights to you.
Payments related to the use of the Site and the Service
Except as otherwise provided herein, the use of the Site is free of charge for all
users.
Virtual Ownership of Business Cards by the Private User
A private user may add any business that he or she would like to recommend and make
available to all Picaphone users. In order to add a recommended business, the private
user must add the following information: – name of the business, and category (from
an available list) and its location, including city and country. The private user
may also choose to add the street address, zip code and phone number of the business,
as well as a written review and rating of the business. The private user may only
add the information mentioned in the list above, however, if a business purchases
from a private user a business card by paying the "Quoted Virtual Value" (described
below), it has the option to add additional information as described in the business
ownership section.
A private user that added such a business card, may earn a quoted virtual value
(the "Quoted Virtual Value") of up to $250 per such business card, based on the
number of other users that have added it to their contact list, marked it as their
favorite or added a written review. Picahone has its own internal mechanism to determine
the applicable Quoted Virtual Value for a specified time. Picaphone will share the
information on the applicable Quoted Virtual Value with the private user, and the
private user may check such value from time to time, by entering the tab "my ownit“
which will appear automatically every time the private user logs on into the site,
and which will be updated in real time. In addition to the Quoted Virtual Value,
the "my ownit" tab will provide the private user with updated information such as
(i) how many users added the business card to their contacts on Picahpone , (ii)
how many stated that such business is a "favorite" and (iii) how many users published
a written review for it.
Sale of Business Cards by the Private User
The Quoted Virtual value may become real and actually payable to the private user,
if the business being advertised becomes interested in buying the business card.
Picaphone has developed a system by which such business may purchase such business
card, from the private user that has advertised it on picaphone. Picaphone will
be responsible for collecting such Quoted Virtual Value through PayPal on behalf
of the private user and will charge the purchasing business 30% on top of the Quoted
Virtual Value as commission on behalf of Picaphone. The private user will receive
its Quoted Virtual Value less any taxes and withholdings if applicable, through
a PayPal account on its name, and if it does not have such account, the private
user will be required to open such account in order to complete the payment process.
Notwithstanding the above, please note that if the Quoted Virtual Value is less
than $60, (i) Picaphhone will always charge the purchasing business at least $60,
(ii) will pay the advertising user the actual Quoted Value, (iii) charge its 30%
commission or difference between $60 and the Quoted Virtual Value, whichever is
higher, and keep such difference as commission payment.
Prior to the actual purchase, the purchasing business will have the option for a
one week -trial period (the "Trial Period"). During the Trial Period, the private
user whose business card is in the process of being purchased will see a "frozen"
Quoted Virtual Value. The purchasing business will have the option of changing the
card, adding information, and recommendations in order to determine whether it wants
to proceed with the purchase. At the end of the Trial Period, if the purchasing
business proceeds with the purchase within 4 days, it owns the card and money is
transferred to the private user within thirty days through paypal. If the purchasing
user determines that it does not want to proceed with the purchase, the business
card reverts back to its look prior to the Trial Period, with information as displayed
before, (any added information is deleted) and the private user continues to own
the business card, with the "Quoted Virtual Value" open and updated ignoring the
one week Trial Period.
A private user may open up to ten (10) business cards a day. Two private users may
each have a business card for the same specified business, but may take the risk
that the advertised business will only choose to purchase one of the business cards.
Ownership of Business Cards by the Business User
In addition to purchasing a business card from a private user, Picaphone provides
the option for business users to open their own business cards, for a one- time
fee of $60. A business user will be able to add all the information mentioned in
the private user section, but may, in addition, display such information as: opening
hours, parking, available payment methods, language support, logo, slogan, IM, and
email available. From time to time, Picaphone intends to update its services and
may offer additional features for an additional price.
How Business Cards Are Being Displayed in Picaphone
Picaphone will introduce business cards (whether provided by private or business
users) to Picahphone users based on the users' location, according to the category
that a specified user will click on. It will display the business either because
(i) it was actively pursued in a Picaphone's search engine by the specified user
(ii) through Picaphone's recommendation system, which is sensitive to a business
category and location of the searching user or (iii) displayed in a tab available
to all Picaphone contacts of the private user who displayed the business card in
its own contact list.
A displaying user (whether business or private) is solely responsible for any statements
and recommendations quoted in its business card and shall be liable and indemnify
Picaphone for any untrue defamatory, misleading statements that are presented in
its recommendation, and for any damage incurred whether directly or indirectly,
in connection with any statements on the displayed business card.
General Payment Statements
Any payment due hereunder (whether payment of Commission to Picaphone, Payment of
Quoted Virtual Value to Users or purchase of business cards and fees by business
Users to Picaphone) shall be made through Paypal (www.paypal.com). The payment terms and
method shall be governed by the applicable Terms of Use and Privacy Policy of Paypal,
as appearing on its website. Picaphone hereby disclaims any warranty and shall not
be liable for any damages relating to or in connection with your use of Paypal's
payment services. For the avoidance of doubt, Picaphone does not deal directly with
any payment issues, does not collect any credit card or bank account details from
Users, and does not have any access to such information. In addition, you hereby
acknowledge that Picaphone shall not be required to pay any applicable taxes (such
as withholding taxes, VAT, etc.) in connection with payments made to or from you
under this Agreement, except for taxes which Picaphone is required to pay to the
applicable tax authority which governs its activities.
Scope of license and prohibited uses
You may not use the Site and the Service to perform any activity (i) which is in
violation of any applicable laws or may be regarded as unlawful, harassing, obscene,
infringes another's privacy, or otherwise objectionable (ii) which infringes the
rights of third parties or (iii) which is in violation of this Agreement. Without
derogating from the generality of the above, while using the Site and the Service,
you may not post information or content which (a) falsely impersonates or otherwise
misrepresents your true identity; (b) includes any information (either name, contact
details or photo) of another person or entity, unless you were explicitly empowered
in writing to do so; (c) is unlawful, libelous, obscene or otherwise objectionable.
If you become aware of any information posted on the Site (including Cards of other
Users) which consists of information which does not comply with the above requirements
(among others - false identities, libelous information, copyright infringing material,
inaccurate information, etc.), we urge you to contact us at
support@picaphone.com
and advise us accordingly.
In addition, while using the Site and the Service, you may not use any automatic
means (including "spiders", "robots", etc.) in order to "scan" the Site and retrieve
the information and Cards appearing therein, except if such conduct is intended
solely for the purpose of presenting such information in search engine results.
Privacy
(a) What information we collect - (i) When you register with the Site and create
a Card, we collect any information you provide us in this respect. Such information
includes your full name, as well as either (or all) of the following details: your
physical address, your e-mail address, your phone and/or fax number, your photograph.
Your gender and your date of birth (ii) When you register with the Site and provide
your consent, we import your contacts from your various e-mail accounts. (iii) We
may use cookies to recognize you and improve your user experience while using the
Site. As indicated above, any payment related issues are conducted through Paypal
(www.paypal.com),
and we do not collect any credit card or bank account details from you.
(b) What we do with the information we collect – (i) The information you provide
for inclusion in your Card is posted on the website, and becomes publicly available
to any Users of the Site and its related services (unless you choose to limit the
visibility of some of the information therein only to your contact people on the
Site). The information of your contacts phonebook is visible only to you when you
enter the Site using your password. (ii) We send invitation e-mails to friends of
Users, either during the registration process (after obtaining your explicit consent
to do so) or later, at the request of Users (among others, via a "send a friend"
feature). We do not use the contact details of your friends in any other manner
whatsoever, (iii) We may send you our periodic newsletter by e-mail (if you agreed
to it in the registration process). (iv) As a basic rule of conduct, we do not share
any information we collect with third parties, unless (A) you authorized us to do
so; or (B) we believe in good faith that the disclosure of the information is required
by any applicable law, regulation, court order, legal proceedings or governmental
demand; or (C) it is required to handle security breach or fraud investigations.
(c) Your control over the information - At any time, you may review, update or delete
your information which appears in your Card. In addition, you may review, update
or delete the personal contacts phonebook which is visible only to you. You may
also request us to close your account, and we will attend to such request promptly.
In addition, you may request to opt-out from receiving further e-mails from us (either
by clicking in the respective place at the bottom of our e-mails and following the
instructions therein, or by sending us an e-mail in this regard).
(d) Children- The Site and the Service is intended for the use of Users over 13
years old, and you hereby declare that you comply with such requirement. If you
are younger than 13 years old, please do not use the Site and the Service. We will
not knowingly allow use of the Site by children below 13 years old. In addition,
minors whose age is below 18 years old are requested to refrain from submitting
information on the Site and the Service without their parental consent for that
end.
Acknowledgment regarding use of the Site and the Service and disclaimer of warranties
You acknowledge and agree that:
a) Some of the features of the Site and the Service incorporate the use of third
party technology licensed by Picaphone. Among others, (i) any features incorporating
use of VOIP technology involve the use of VOIP technology licensed by Picaphone
from voice-me.com. Your use of such third party technology is at your own risk and
liability and Picaphone shall not be liable for any errors or damages, arising from
or in connection with such use of third party technology; (ii) When we import your
contact people from your various mailboxes (upon receiving your explicit permission
for that end) as detailed above, we use a contacts importer tool licensed by Octazen.com.
Any information about you which is retrieved in the course of this process is automatically
processed solely for the purpose of applying this Agreement, and is not saved by
any third party (including Octazen.com) once the contacts importer function has
been completed.
(b) The Site and the Service are provided "as is", without warranty of any kind.
Picaphone makes no warranty, express or implied, regarding the Site and the Service,
including the accuracy of information appearing therein (including information posted
by Users), and disclaims any warranty of merchantability, fitness for a particular
purpose and non-infringement. Without limiting the generality of the foregoing,
Picaphone explicitly disclaims any warranty for businesses with respect to the profitability
of advertising Cards on the Site, and disclaims any warranty for individuals with
respect to the use of products or services of businesses which advertise Cards on
the Site. Your use of the Site and the Service is at your own risk. You also explicitly
acknowledge that since Site and the Service are only at a BETA stage, they are even
more exposed to bugs and errors.
(c) The password provided to you by e-mail upon registration is for your personal
use only. Picaphone will not be liable for any loss or damage you may incur as a
result of someone else using your password with respect to the Site, either with
or without your knowledge.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions,
these warranties shall apply to the maximum extent possible.
Limitation of liability
(a) In addition to express limitations on Picaphone's liability throughout this
Agreement, in no event shall Picaphone or its licensee or assignee be liable to
any third party for any unavailability or errors related to the use of the Site
or the Service. In addition, in no event shall Picaphone or its licensee or assignee
be liable to any third party for any indirect, special, incidental or other consequential
damages however caused in connection with the use of the Site or the Service, even
if Picaphone has been advised of the possibility of such damages.
(b) If, notwithstanding the limitations on liability contained in this Agreement,
Picaphone shall be found liable to you in an action related to this Agreement and
your use of the Site or the Service, its liability shall not exceed the amount you
paid to it for a business account (if applicable) or US$ 100, whichever is greater.
Indemnification
You agree to indemnify, defend and hold harmless Picaphone, its affiliates, officers,
employees, consultants and agents, and their successors, from and against any and
all third party liability, damages, or costs (including reasonable attorney fees)
arising out of or in connection with the Site and the Service or your breach of
any of your representations or obligations in this Agreement, including without
limitation, any of those arising for the development by you of the business card.
Term and Termination
Picaphone may terminate this Agreement at any time by removing the Site, by deleting
your Card, the "business card" or by deactivating the password in your possession,
in the event that it is required to do so by law or court order or in the event
that it becomes aware that you have violated any of the terms of this Agreement.
You may also terminate this Agreement by requesting us to delete your account and
Card. Any provisions relating to indemnification, limitation of liability and disclaimers
of any kind shall remain in full force and effect after termination of the Agreement.
Changes to this Agreement
Picaphone may change any of the terms of this Agreement at any time and for any
reason. Notice on material changes shall be posted on the Site. You are responsible
to periodically check out the Site for any such notices. You agree that you continued
use of the Site and the Service will constitute your acceptance of such changes.
If you do not agree to such changes, you can always stop using the Site and the
Service and request the removal of your profile by sending an appropriate e-mail
to
support@picaphone.com.
Governing law and jurisdiction
The Site and Service are operated by Picaphone Holdings, Ltd. a company incorporated
under the laws of the British Virgin Islands. By accessing the Site and by using
the Service you agree that all matters relating to your access to, or use of, the
Site and the Service shall be governed by British law. You also agree to submit
to the exclusive personal jurisdiction of the competent courts in the British Virgin
Islands with respect to such matters, to the extent of excluding the jurisdiction
of any other court or tribunal.
Miscellaneous
This Agreement constitutes the entire agreement between you and Picaphone in connection
with the Site and the Service. If any provision in this Agreement shall be deemed
unlawful, void, or for any reason unenforceable, then that provision shall be enforced
to the maximum extent permissible, and the remainder of the Agreement shall remain
in full force and effect. Any failure by Picaphone to enforce or exercise any provision
hereunder shall not constitute a waiver of a right or provision. This Agreement
cannot be amended or modified unless otherwise stated herein, or unless in a writing
instrument executed by an executive of Picaphone. You may not assign or otherwise
transfer your rights this Agreement without Picaphone's prior written consent. Picaphone
may transfer, assign, sublicense or pledge in any manner whatsoever, any of its
rights and obligations under this Agreement to any third party whatsoever, without
notice and without the need to receive your consent, in connection with the sale
or transfer of substantially all of its assets.
Contact us
If you have any questions relating to this Agreement or need support of any kind
in relation to the Site or the Service, you are welcome to contact us with any query
at
support@picaphone.com
and we will do our best to answer you shortly (within no longer than 48 hours).
Currently, support is given only to enquiries in English.
Last Updated, July 1, 2010