The Phone Database
Our Terms of Service...
1. Acceptance of These Terms of Service
If you do not agree with any of these Terms of Service, please do not use or access THE PHONE DATABASE, and if you do not agree to any changes we make in the future, you must terminate your registration with THE PHONE DATABASE.
You are solely responsible to arrange and to pay for any service fees associated with your ability to access THE PHONE DATABASE as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Lasyk, any equipment, software or other usage that may cause any interference with the Service, shall result in immediate disconnection from the Service.
Eligibility to Use THE PHONE DATABASE. In order to use THE PHONE DATABASE as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age or older; and (iv) if you are not yet at least 18 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 16 years of age, unfortunately you cannot use THE PHONE DATABASE. Please speak to your parents or guardian about another service that may be appropriate for you.
Termination. Should you violate or breach these Terms of Service, Lasyk reserves the right, at its sole discretion and without notice, to suspend or terminate these Terms of Service, your membership, any and all content and information you may have provided and your ability to access any part of THE PHONE DATABASE. Users with suspended or terminated accounts are prohibited from creating new accounts on THE PHONE DATABASE. Even after termination of these Terms of Service, provisions 5, 8, 9, 10, 11 shall remain in effect.
Your Responsibility for Your Conduct. You alone are responsible for your conduct on THE PHONE DATABASE and for all the content you provide. Content may be provided to and appear on THE PHONE DATABASE as text, graphics, images, audio, video, digital files, software or in other format (“Submissions”). Lasyk does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Lasyk expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety. If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on THE PHONE DATABASE, communicate with other members of the THE PHONE DATABASE community or otherwise access services provided by Lasyk. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on THE PHONE DATABASE, communicate with other members of the THE PHONE DATABASE community, or otherwise access services provided by Lasyk.
Member Disputes. You are solely responsible for your interactions with other THE PHONE DATABASE members. Lasyk reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Lasyk, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
Intellectual Property Rights. When you provide Submissions to THE PHONE DATABASE, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions, you grant Lasyk (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
Submissions you provide to THE PHONE DATABASE, content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, "THE PHONE DATABASE Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to THE PHONE DATABASE & Lasyk, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all THE PHONE DATABASE Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Lasyk or the respective owners, unless otherwise stated in our Open API which will be publicly released by November 2010. Lasyk reserves all rights not expressly granted to you. If you download, print or display any THE PHONE DATABASE Content for personal use, you must retain all copyright and other proprietary notices.
Representations About Content You Provide. When you provide any Submissions to THE PHONE DATABASE, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
- Own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize THE PHONE DATABASE to make use of these Submissions in the manner contemplated by the Service and these Terms of Service;
- Have explicit permission, such as a signed, written consent and/or release of every person that may appear within the Submissions for THE PHONE DATABASE to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service;
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to THE PHONE DATABASE Submissions of any kind that is, within the sole discretion of Lasyk, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
- Infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, Including privacy and publicity rights;
- Promoting infringement of copyright or other third party rights, e.g., providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
- Material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
- Offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
- Libelous or defamatory or promotes information that you know is false or illegal;
- Violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
- Solicits information from anyone under 18;
- Provides any telephone numbers, street addresses, last names, URLs or email addresses;
- Obscene, vulgar or contains profanity (whether or not such is masked, e.g. L*syk);
- Pornographic or sexually explicit or contains nudity;
- Exploits or attempts to exploit people in a sexual or violent manner;
- Disparaging to Lasyk or any third party;
- An advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
- Involves the transmission of any unsolicited mass mailing including but not limited to "junk mail", "chain letters" and "spam";
- Contains restricted or password only access pages;
- Video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
- Selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
- Unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
- Otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Website Policies. In addition, you must agree to adhere to all of the following guidelines and requirements:
- The Service is only for personal use of its members and may not be used in connection with any commercial endeavors unless explicitly approved by Lasyk in writing. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on THE PHONE DATABASE, including within personal member profiles, without explicit written authorization of Lasyk;
- No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to "robots", "spiders", "offline browsers" or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
- No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause Lasyk to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
- No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18, or to obtain any telephone numbers, street addresses, last names, URL's or email addresses;
- No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
- No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile;
- No Unauthorized Linking or Framing. Should you wish to link to THE PHONE DATABASE, you agree that you: (i) will not replicate the Service's content; (ii) will not frame or border environment around any of the Service's content; (iii) will not misrepresent any relationship with THE PHONE DATABASE or imply that Lasyk is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about Lasyk on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Lasyk's own content submissions policy;
Despite these prohibitions, Submissions and/or websites that link to THE PHONE DATABASE that may violate these Terms of Service may be available on the Service and Lasyk assumes no responsibility or liability. If you become aware of such Submissions, please contact Lasyk by clicking the "Contact Us" link on the appropriate web page.
7. Website Information
This site includes a combination of content that we create, that our partners create and that our users create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or this site in whole or in part.
An exception is made for our free, partial-content RSS feeds, the content of which may be aggregated, syndicated, or republished on other web sites. Automated syndication mechanisms may query our RSS feeds for new information at a maximum frequency of once every 10 (ten) minutes. Information not explicitly included in the free feeds may not be syndicated.
You may be exposed to content that you find offensive, indecent, objectionable, or that is inaccurate, and you bear all risks associated with using that content.
b. Links to Third Party Sites
This website contains links to Internet sites owned and/or controlled by parties other than THE PHONE DATABASE. THE PHONE DATABASE is not responsible for and does not endorse the contents or use of these Internet sites. Our inclusion on this site of any third party content or a link to a third party site is not an endorsement of that content or Internet site.
c. Third Party Vendors
We do not sell, resell or license any of the products or services that we review or list on this site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LASYK NETWORKS, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER "LASYK") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LASYK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND LASYK NETWORKS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
LASYK IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. LASYK GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, LASYK GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
Lasyk reserves the right to change any and all content, software and other items used or contained at Lasyk and any services and applications offered through the THE PHONE DATABASE site at any time without notice.
IN NO EVENT SHALL LASYK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF LASYK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LASYK FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT LASYK IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
You agree to defend, indemnify and hold harmless THE PHONE DATABASE, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Please contact us should you have any questions regarding these Terms of Service.