Last Updated: 07/11/2016
USE OF SERVICES
RESTRICTIONS ON USE
The contents from the Website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Callbox; EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Callbox intellectual property rights. The material in this Website is provided for lawful purposes only. If you download software from our Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Callbox. Neither title nor intellectual property rights are transferred to you, but remain with Callbox, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The Website may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Unless specifically requested by Callbox, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
- User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses or any other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Callbox, is objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of Callbox, other users or third parties.
Callbox does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Callbox liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Callbox (as applicable) (the “Software”), and the Services, are and shall remain the sole and exclusive property of Callbox. Accordingly, Customer acknowledges that, as between Callbox and Customer, Callbox owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Callbox. Customer will not take any actions inconsistent with Callbox’s ownership of each of Callbox’s rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Callbox.
MONITORING AND ENFORCING TERMS OF SERVICES
Callbox has the right to:
- Remove, screen, edit, modify or refuse to post any User Content for any or no reason in our sole discretion.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
In connection with Callbox’s provision of the Services, Callbox will send to Customer’s email address or Customer may create (as designated by Customer at the time an account is established), information such as user-IDs and/or passwords which will enable Customer to access the Services (the “Passwords”). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Callbox promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer’s negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Callbox, the Website and our products and services (collectively, the “Ideas”). Ideas, whether posted to the Website or provided to Callbox by email or otherwise are entirely voluntary, nonconfidential, gratuitous and non-committal.
You hereby irrevocably assign and transfer to Callbox all of your rights, title and interest, on a worldwide basis, including without limitation, all intellectual property rights and moral rights, in and to such Ideas. Accordingly, Callbox shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent the preceding assignment and transfer is ineffective, you grant Callbox an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, and create derivative works from any such Ideas submitted to Callbox by you.
Callbox will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Callbox operations. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. We may have already had the same or similar idea and we do not want disputes.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Ideas exist and are not exclusively owned by Callbox, you agree not to enforce any such rights as to us or our licensees, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent as set forth below.
Callbox Storage, LLC
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the Digital Millennium Copyright Act and other applicable law, Callbox has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Callbox may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LIMITATION OF LIABILITY
Callbox will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Callbox will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or Callbox or an authorized Callbox representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Callbox total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to Callbox to access this Website, which in all cases should be $0.
This Agreement will be governed by the laws of the State of Texas as applied to agreements entered into and performed entirely within the State of Texas.
Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Dallas, Texas. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Callbox shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Texas, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
The material in the Website could include technical inaccuracies or typographical errors. Callbox may make changes or improvements at any time. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.CALLBOX DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CALLBOX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.CALLBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CALLBOX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Website contains downloadable materials as well as links to external sites. Callbox is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Callbox cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
Callbox is an equal opportunity employer committed to a diverse workforce. Callbox franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Solicited applications are active for 180 days, after which you must reapply.
TRADEMARK AND COPYRIGHT NOTICES
The Website contains many of the valuable trademarks and service marks owned and used by Callbox throughout the world. These trademarks and service marks distinguish Callbox’s quality products and services. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Callbox.
The Website may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Website are either the property of, or used with permission by Callbox. Callbox may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Site, and makes no representations about them, their owners, their products or services.
The graphic images, buttons and text contained in the Website are the exclusive property of Callbox, except where otherwise noted, and, except for personal use, may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Callbox.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Website, or trademarks, service marks, or trade dress found within the Website may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Website the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Website.
The Website may link to sites not maintained or related to Callbox. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Website or Callbox.
Callbox has not reviewed any or all of the sites hyper-linked to or from this web site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk, and Callbox makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Website. Further, Callbox does not implicitly endorse third-party sites hyper-linked to the Website.