The Pincity.com services, international calling cards, and other prepaid phone cards are owned by Pincity.com. They are provided to you ("User") under the terms and conditions of this Pincity.com - Terms of Service and any amendments. Any operating rules or policies for any type of phone card or service may be published from time to time by Pincity.com. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET FORTH BY Pincity.com.
Pincity.com is providing User with the capability to send and receive electronic messages, faxes, voice messages, make long distance or international phone calls.
To Use the Pincity.com Services, User must:
- provide for User's own access to the World Wide Web and pay any service fees associated with such access, and
- provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User acknowledges and understands that Pincity.com provides no assistance, including any technical or customer support, to the User, and that your use of the Service is of your own volition.
In consideration of use of the Pincity.com Services, User agrees:
- To provide true, accurate, current and complete information about User as prompted by the Customer Registration form, and
- To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Pincity.com has the right to terminate User's account and refuse any and all current or future use of the Pincity.com Service by user.
- To be solely responsible for any and all charges incurred by user due to user's use of a local access number.
- To be solely responsible for any and all charges incurred by user due to user's use of any wireless device including, but not limited to, a cellular phone.
- To be solely responsible for any and all charges incurred by user due to user's use of other service providers, include calls placed with other long distance service providers.
- To be solely responsible for all billing transactions. Billing transactions encompass sign-up transactions (purchases at the time of sign-up), purchase transactions (purchases that are not auto-recharge transactions which are made after sign-up) and auto-recharge transactions (purchases that are automatically made via Pincity's auto-recharge feature; this is additionally addressed below). User can pay for all such transactions via a credit card. User can also pay for the sign-up and purchase transactions via PayPal.
- To be solely responsible for all auto-recharge billing transactions.
The auto-recharge option offers a convenient way to make sure you always have a minimum balance in your Pincity.com account.
With it you can place phone calls at any time without having to recharge your card manually.
This means that when your account balance runs below $5.00, our system will automatically recharge your account credit card.
An auto-recharge transaction will always be at least $20.
If the account balance at the time of the auto-recharge transaction is negative (or less than $0.00), the total amount of the auto-recharge will be the sum of the amount needed to completely offset the negative account balance, plus $20.00
(Example: A user's account balance is -$6.00. The auto-recharge amount will be $26.00.)
You will receive a confirmation via email every time there is a completed auto-recharge transaction.
YOU CAN ALWAYS TURN OFF THIS FEATURE BY SIMPLY UNCHECKING THE AUTO-RECHARGE BOX UPON INITIAL SIGN-UP, OR YOU MAY EMAIL OR CALL A PINCITY CUSTOMER SERVICE REPRESENTATIVE TO CANCEL THIS FEATURE SETTING AT ANYTIME.
User will receive a password and account designation upon completing the customer registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Pincity.com at csr@Pincity.com of any unauthorized use of User's password or account or any other breach of security. Under the Fair Credit Billing Act, the User's bank cannot hold User liable for more than $50 of fraudulent charges. If User's bank does hold User liable for any amount up to $50, Pincity.com will cover the liability up to $50, provided unauthorized use of User's credit card results from the use of Pincity.com services while using the secure server and not due to any negligence or intentional wrongdoing by User whereupon User shall be personally liable for such loss. In the event of unauthorized use of User's credit card, User must notify credit card provider immediately. For more information about the Fair Credit Billing Act, contact the Bureau of Consumer Protection or the Federal Trade Commission."
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Pincity products and services, and agrees not to interfere with the use and enjoyment of the Pincity services by any other user or users. User agrees to be solely responsible for the contents of User's transmissions through the Pincity services.
- to not use the Pincity.com Services for illegal purposes;
- to not interfere with or disrupt any Pincity.com services or servers or network connected to the Pincity.com Services;
- to comply with all requirements, procedures, policies and regulations of networks connected to the Pincity.com Service;
- to comply with all applicable laws regarding the transmission of data exported from the United States. User agrees not to transmit through the Pincity services any unlawful, harassing libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another; not limited to the intellectual property rights of another;
- to not transmit any material that violates any applicable local, state, national, or international law or regulation;
- to not attempt to gain unauthorized access to other computer systems or networks connected to the Pincity services;
- to not impersonate or create a false identity of any person, including but not limited to, a Pincity.com customer service representative, official, agent; and
- to not transmit "junk mail," "spam", "chain letters", or unsolicited mass distribution of commercial messages.
User hereby agrees to indemnify and hold Pincity, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney's fee, made by any third party because of or arising out of User's use of the Pincity service, User's connection to the Pincity services, User's violation of this license, or User's violation of any right of another.
User agrees not to resell the Pincity services or use of or access to the Pincity service unless otherwise permitted by Pincity.com. Any person or entity that resells any products and services owned by Pincity.com with out the permission of Pincity.com may be subject to civil and/or criminal penalty as prescribed by law.
User agrees that Pincity.com may terminate User's password, account or use of the Pincity services if Pincity.com believes that User has violated or acted inconsistently with the letter or spirit of this license or that User has violated the rights of Pincity.com or other users or parties.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of the Pincity services or information presented to User through the Pincity service is protected by copyrights, Trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Pincity.com, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
User expressly agrees that use of the Pincity services and the product is at member's sole risk. The Pincity services and product are provided on an "AS IS" and "AS AVAILABLE" basis.
Pincity.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Pincity.com makes no warranty that the Pincity service or product will meet User's requirements, that the Pincity service will be uninterrupted, timely, secure, or error free; nor does Pincity.com make any warranty as to the results that may be obtained from the use of the Pincity services or as to the accuracy or reliability of any information obtained through the Pincity services or that defects in the Pincity products will be corrected. Neither Pincity nor any of Pincity's information providers implied any warranties concerning the accuracy, currentness or reliability of the messages received or requested via the Pincity services or any of the information, material or content contained therein (the "material").
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Pincity services is done at the User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data. Pincity makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the Pincity service or any transaction entered into through the service. Pincity.com shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by User from Pincity.com or through or from the Pincity services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
User agrees that Pincity.com shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Pincity services or the Pincity products or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the Pincity services or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Pincity.com has been advised of the possibility of such damages. User further agrees that Pincity.com shall not be liable for any damages arising from interruption, suspension or termination of Pincity services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
User acknowledges, understands and agrees that Pincity.com does not endorse the content of any User communications and Pincity.com is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.
Any notice to User or to the services, to the extent that Pincity determines in its sole discretion that such notice be disseminated, shall be made via either voice mail or electronic mail. The services may also provide notices of changes to Pincity.com or other matters by displaying notices to Users generally on the Pincity services.
Pincity.com and the relationship between User and Pincity.com shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. User and Pincity.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware. The failure of Pincity.com to exercise or enforce any right or provision of this license shall not constitute a waiver of such right or provision. If any provision of this license is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this license remain in full force and effect. User agrees that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Pincity services or this license must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in this license are for convenience only and have no legal or contractual effect.
To protect User's Account and User's PIN from un-authorized use, User's Account and User's PIN will be de-activated 180 days from the date of User's last successful Account charge (or recharge), or from the date of User's last successful long distance call made through Pincity.com network. User may, therefore, contact Pincity.com customer service to re-activate User's Account and User's PIN.
Pincity.com considers any and all messages transmitted via the Pincity.com services to be private communication between the User and the recipient. Pincity.com will not monitor, edit or disclose the content of a User's private communications, except that User agrees Pincity.com may do so:
- as required by law;
- to comply with legal process;
- is necessary to enforce this license;
- to respond to claims that the communicator violated the rights of third-parties; or
- to protect the rights or property of Pincity.com or others.
User acknowledges, understands and agrees that Pincity may in its sole discretion report User to any local, state or federal authority or agency if User violates any of the Terms of Service.
User acknowledges, understands and agrees that Pincity may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if User violates any of the Terms of Service.
ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES, CAN BE CHANGED OR OTHERWISE MODIFIED BY PINCITY WITHOUT ANY NOTICE WHATSOEVER.