Terms

Carticipate™ Service Standard Terms & Conditions
Telephone Device Access Terms and Conditions
Other Device Access Terms and Conditions
Partner Hotspots
Carticipate Buttons
End User License Agreements
BlackBerry Mobile Devices
Use of the Website
Privacy Policy
Carticipate Promotions
Trademarks and copyright
NOTICE OF CHANGE

Carticipate™ Service Standard Terms & Conditions

In order to use this Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by Carticipate, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.carticipate.com/terms. These service terms and conditions should be read in conjunction with the access terms and conditions which accompany your chosen access method.

Definitions

"Service" any service/s supplied to you by Carticipate.

"Software" any software provided to you by Carticipate which purpose is to enable you to use the Service.

"Carticipate" the trading name of Carticipate, Inc.

"Reasonable Use" A policy defining the fair usage terms for the Service and access method you are using.

"EULA" End User License Agreement

Agreement

These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or Carticipate subscriber and Carticipate.

This Agreement is a service agreement and should be read in conjunction with the relevant associated software EULA that is posted on the Carticipate website at www.carticipate.com/terms. Please read it carefully before accepting it.

Compliance with Applicable Laws

By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement.

If you reside in a jurisdiction where it is forbidden to use ride share or carpool services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

If you reside in a jurisdiction which restricts the use of services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, you represent and warrant that you are at least 18 years old. By using the Site or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity.

You may only access the Carticipate services using authorized Software and authorized compatible devices identified on our website www.carticipate.com. It is your responsibility to check the list of devices on the Carticipate website to ensure you download the correct software for your device. Carticipate is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Carticipate reserves the right to terminate this agreement should you be using the Carticipate Service with software or a device that is not identified on the website as compatible.

You Agree that:

You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use the Service to cause nuisance, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Service in any way whatsoever.

You will not copy, or distribute services or content without written permission from Carticipate.

You will only use the Software and Service for your own use and will not resell it to a third party.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we my reasonably request.

You will only use an access point or 3G data account (AP) which you are authorized to use.

You will not access any age restricted services if you are under age, nor will you allow any other person to do so.

When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.

Caller Line Identification

Our network will allow the display of your phone number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the Support pages of your phone service provider.

Marketing

In order for the Carticipate Service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such services you should notify us in writing. Carticipate reserves the right to charge you a higher fee for the service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the Carticipate website.

Carticipate may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.

Carticipate may from time to time send you information about our Carticipate products and services. If you do not want to receive information about Carticipate products and services you should contact us in writing at support@carticipate.com.

Carticipate asks your permission on the sign in page and the My Account page for your permission to send you information about 3rd party products and services.

Support

If you need assistance regarding the Carticipate software and Service, please email support@carticipate.com.

Termination

You may terminate this Agreement at any time with written notice to Carticipate at support@carticipate.com Carticipate may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service.

If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Assignment of rights

You may not assign your rights under this agreement unless expressly agreed by Carticipate.

Carticipate may assign our rights under this agreement to any company that controls Carticipate or that Carticipate controls.

Ownership

All intellectual property rights in the Carticipate Service and Software are the property of Carticipate, Inc. The supply of the Software and Service does not imply any transfer of intellectual property rights.

Privacy

We take our customers' privacy seriously. Please read our Privacy Policy for full details at www.carticipate.com/privacy. Whilst we respect the privacy of our customers, calls may be subject to interception by law enforcement agencies and bodies.

Trial Feedback

If any part of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of Carticipate. You agree that Carticipate may hold personal information about you for the purpose of the trial provided it does so in accordance with our own privacy policy.

Complaint resolutions

If you have any complaints about the Software or Service you should send them in the first instance to feedback@carticipate.com. For details on our Code of Practice send your request to feedback@carticipate.com.

Code of Practice

No Warranty

If any Carticipate services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. Carticipate reserves the right to withdraw this Service and any additional services at its sole discretion.

The service is provided on an as is basis, and your use of the service is at your own risk. Carticipate does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Carticipate does not warrant that the service will be uninterrupted, error-free, or completely secure.

We reserve the right to make changes to these terms and conditions. You should check the Carticipate website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will have been deemed to accept this change to this Agreement.

Limitations and Exclusions of Warranties and Liability.

Exclusions of certain damages Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall Carticipate be liable for any damages you may suffer from or in connection with your use of, or inability to use, Carticipate's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Carticipate has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Carticipate's maximum liability for any type of damages with respect to Carticipate's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Carticipate hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
Disclaimer of third party actions and control. Carticipate does not and cannot control the quality of other parties' networks to which Carticipate must interconnect. Therefore, Carticipate disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.

Limitation on remedies

The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by Carticipate to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.

Entire Agreement/Severability

These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the Carticipate website constitute the entire Agreement between you and Carticipate. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Force Majeure

Carticipate will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

Governing Law

This agreement is governed by the laws of the State of California and United States without regard to conflicts of laws provisions thereof. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Electronic Documents

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

Company Details

Carticipate, Inc., a California corporation, whose administrative offices are located at 13366 Grass Valley Ave, Unit H, Grass Valley, CA, United States.

Additional Services, Features and Terms

Carticipate will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.

Language

We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

Telephone Device Access Terms and Conditions

These additional terms for mobile device users must be agreed in addition to the Carticipate Standard Terms and Conditions. By using the Carticipate Service via your mobile device you expressly agree to be bound by these additional terms and conditions. If your data connection fails for any reason you will not be able to use the Carticipate Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal. When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated.

Carticipate is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. Carticipate is not liable for any rates or charges due to your mobile phone service provider.

Support

If you need assistance regarding the Carticipate Software and Service, please email support@carticipate.com. You can access your GSM providers' operator assistance as usual.

Reasonable Use

Any of Carticipate Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,

Connecting with Instant Messaging and Voice Calling Services

As part of the Carticipate service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than Carticipate ('IMV Services') Carticipate accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions.

Any breach of these IMV Services terms and conditions may also be considered a breach of the Carticipate Terms and Conditions.

For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.

Other Device Access Terms and Conditions

If the device you use to access the service is not a telephone then these additional terms for device users must be agreed in addition to the Carticipate Standard Terms and Conditions. By using the Carticipate Service via your mobile device you expressly agree to be bound by these additional terms and conditions.

You cannot make emergency calls using Carticipate. When you download the Software you will have to register using your email address and an Account will automatically be generated for you. This is our record of your payments and usage of the service. (We use this email to identify you, and to contact you re changes in our terms and conditions and to forward voice mail to you if this service is active on your account).

Carticipate is not liable for any rates or charges due any third party service provider.

In order to use your Carticipate account you must have a valid email address associated with it. You may change the email address associated with your account, and we will keep a record of previous adresses used.

You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your Carticipate Account will be withdrawn

Caller Line Identification

Our network will allow the display of your username or email address on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page.

If you do not want to display your Caller Line Identification please notify us in writing to support@carticipate.com.

Support

If you need assistance regarding the Carticipate Software and Service, please email support@carticipate.com.

Reasonable Use

Any of Carticipate Service/s may be subject to reasonable use.

End User License Agreement

By clicking OK or otherwise installing, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.

This End User License Agreement (EULA) is a legal agreement between you the end user (you), and Carticipate, Inc. If you do not agree to these terms then You may not use or install the Carticipate Software (Software).

This software makes use of data, information and services on your device, including, but not limited to:

Phonebook
Local connectivity (WLAN and Bluetooth)
Settings, such as SIP profiles and WLAN access points
Text messaging Inbox and Outbox
Call log

And is intended for use with the Carticipate service. When activated, this application may re-direct phone calls and text messages made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA.

Software License

Subject to the terms of this EULA Carticipate grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by Carticipate from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Carticipate from time to time. You may not use the software in any way that could damage the Carticipate service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

Ownership

This license gives You a limited license to use the software. Carticipate retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.

You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © Carticipate, Inc. 2008. All rights are reserved except for those explicitly covered in this EULA.

No Selling

This agreement is a personal agreement between you and Carticipate. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

Warranty

You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. Carticipate expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

Liability

This Software is not intended for use with the emergency services.

In no event shall Carticipate or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

Termination

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Carticipate reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to Carticipate to remotely disable your ability to Use the Software.

Indemnity

You shall be liable for all costs and losses incurred by Carticipate as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, any use or misuse of the Software, or any communications spread by means of the Software.

Jurisdiction

This EULA is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

iPhone Mobile Devices

By downloading or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) is a legal agreement between you the end user (You), and Carticipate, Inc. You acknowledge that Apple is not a party to this Agreement and that Carticipate is solely responsible for this Licensed Application. If you do not agree to these terms then You may not use or install the Carticipate Software (Licensed Application).

Software License

Subject to the terms of this EULA, Carticipate grants You a limited, non-exclusive, non-sub-licensable, non-transferable license to use and install one copy of the Licensed Application on only one device which you own or control in accordance with the Usage Rules set forth in the App Store Terms of Service (or as expressly outlined by Carticipate from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Licensed Application for its intended purpose as published by Carticipate from time to time. You may not use the Licensed Application in any way that could damage the Carticipate service or other services. You may not use this Licensed Application to create unlawful, obscene, malicious or scandalous works.

Ownership

This license gives You a limited license to use the Licensed Application. Carticipate retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Licensed Application and all copies thereof.

You shall not use the Licensed Application to develop any Licensed Application or other technology having the same primary function as the Licensed Application, including but not limited to using the Licensed Application in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Licensed Application. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Application. This Licensed Application is protected by copyright law and the author and owner is Carticipate, Inc. 2008. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application. You shall not attempt to derive the source code of the Licensed Application. You and Carticipate acknowledge that In the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Carticipate and not Apple will be solely responsible for the investigation, defense and settlement of such claim.

No Selling

This agreement is a personal agreement between you and Carticipate. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Licensed Application, or use the Licensed Application or service to provide a commercial service to any third party.

Warranty

You expressly acknowledge and agree that use of the Licensed Application is at your own risk and that the Licensed Application is provided "as is" without any warranties or conditions. Carticipate expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Licensed Application is supplied to you free of charge. In the case of this Licensed application failing to conform to any applicable warranty, upon notification by you, Apple may refund the purchase price of the application. Apple will have no other warranty obligation with respect to the licensed application, to the maximum extent permitted under law.

Liability

This Licensed Application is not intended for use with the emergency services.

Apple has no obligation to furnish any maintenance or support services with respect to this Licensed Application. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the licensed applications, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In no event shall Carticipate or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Licensed Application. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

Indemnity

You shall be liable for all costs and losses incurred by Carticipate as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, any use or misuse of the Licensed Application, or any communications spread by means of the Licensed Application.

You and Carticipate acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this EULA, and that, upon Your acceptance of the these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

Jurisdiction

You must represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties.

Carticipate, Inc., whose administrative offices are located at 13366 Grass Valley Avenue, Unit H, Grass Valley, CA, USA. Any questions should be directed to support@carticipate.com You are responsible for compliance with any applicable laws and regulations.

Use of the Website

By using this website you accept these terms of use, please read them carefully before using this website. Carticipate reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms. If you are a Carticipate user you must read these terms and conditions in conjunction with the Carticipate Service Terms and Conditions. Carticipate is a trading name of Carticipate, Inc. a company incorporated in California, USA.

Carticipate reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and Carticipate, this website and the materials contained herein are provided as is and without warranties of any kind. Carticipate and each of Carticipate's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from Carticipate or from or through the website shall create any warranty not expressly stated otherwise in these Terms.

Carticipate does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements.

Carticipate makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so on your own initiative and are responsible for compliance with local laws, where these laws are applicable.

Carticipate may provide links to other websites which are not under our control. Such links do not imply any endorsement by Carticipate of either the website or the products available on them, and Carticipate is not responsible for the content or accuracy of the information on such websites.

If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to Carticipate. Carticipate shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Carticipate will not be treated as confidential and Carticipate shall not be liable for any disclosure of the Submissions.

Any software that is made available for download from this site is subject to the EULA and the Service is subject to the Carticipate Service Terms and Conditions published on this Website.

Your privacy is very important to us. Please see our privacy policy published on this website for more details.

This agreement is governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Carticipate Promotions

Carticipate may, from time to time, offer promotional deals. There is no cash alternative to any promotional deals or credits. Such deals may bear additional terms and conditions to the Carticipate Service Standard Terms and Conditions.

Trademarks and copyright

Carticipate and the Carticipate Logo mark are trademarks of Carticipate, Inc. Any other trademarks are the property of their respective owners.

Notice of change

Terms and conditions change from 19 January 2009

New terms: Our terms may vary without prior notice. Full details of terms will be displayed here, so you should check the Carticipate website regularly to determine if any changes have been made or announced.