Amantel.com
Legal Disclaimer and Terms & Conditions
Amantel.com (the "Service" or the "Website") is an online shopping and
information website (service) provided by IK Communications, Inc.,
subject to your agreement with the terms and conditions set forth herein including,
all exhibits hereto.
Amantel.com is owned by IK Communications, Inc. Trade marks that appear on
this website may be trademarks or servicemarks or owned by other third
parties that are not affiliated with Amantel.com. Amantel.com
and its affiliates do not control or endorse the content(s) of third party websites
and related services.
Please read this Agreement carefully before accessing or using the Service.
By accessing or using the Service, you agree to be bound by the terms and
conditions set forth below. If you do not wish to be bound by these terms and
conditions, discontinue immediately the access and/or use of the Service.
Amantel.com may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified Agreement. You agree
to review the Agreement periodically to be aware of such modifications and your continued
access or use of the Service shall be deemed your conclusive acceptance of the
modified Agreement.
1. Access and Privacy
By accepting this Agreement, you expressly consent to certain disclosures of
your personally identifiable and other personal information to third parties,
and to use of your information by third parties, and us as described in our
current Privacy Policy, which is incorporated herein by reference. A complete
statement of our privacy policy can be found here.
You agree to abide by all the policies and terms & conditions posted on
Amantel.com. We expect that you will exercise caution and best judegement when
utilizing the services that come with your Membership at Amantel.com.
Furthermore, by accessing Amantel.com you agree to comply with all applicable
laws regarding your access to Membership services.
2. Access Rights
You must be at least eighteen (18) years old to use or register for the services provided
on the website.
In consideration of use of our Services, you agree to:
(a) provide true, accurate, current and complete information about yourself
as prompted by registration forms; and
(b) to maintain and update this information to keep it true, accurate, current,
and complete. If any information provided by you is untrue, inaccurate, not
current or incomplete, Amantel.com retains the right to terminate
your account and refuse any and all current or future use of the Services.
Amantel.com may, in its sole discretion and at any time, modify and/or
discontinue Amantel.com, and/or limit, terminate or suspend your use of
or access to Amantel.com, and/or make changes to this Agreement. Your
right of access and use of the Website shall not be deemed as a waiver of any
of Amantel.com's rights hereto nor shall it be deemed as a grant of
any rights to any of the information, intellectual property or other matters
described or set forth herein.
3. No Warranties; Limits on Liabilities
You assume total responsibility and risk for your use of the website and the
internet. Amantel.com makes no warranty that it will meet your
requirements or that it will be timely, secure, accurate or error-free.
The website and all services and products are provided "as is" and on an
"as available" basis. Amantel.com disclaims all warranties and
conditions, express, implied or statutory, including without limitation the
implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have other
legal rights which vary from state to state.
The products obtained through the use of or in connection with this website may
or may not carry warranties from the manufacturers of those products. If such
manufacturer warranties exist, they are the only warranties applicable to such
products.
Amantel.com does not warrant that the website contains comprehensive
information on any product or any categories of products whatsoever. In no event
shall Amantel.com be liable for any lost profits or special, incidental,
consequential, economic, exemplary, or punitive damages (whether forseeable
or not) including without limitation lost or anticipated revenues or profits
arising from any cause whatsoever (including intentional or negligent
conduct), whether in contract or tort, or damages arising from any errors,
mistake, omission, interruption or delay in the course of establishing,
furnishing, changing or terminating any service provided through the website,
or for accuracy or completeness of any information provided in this website,
even if Amantel.com has been advised of the possibility of such damages.
In no circumstance shall Amantel.com's liability to any customer exceed
the value, calculated at Amantel.com's then-applicable rates, of the
unused minutes on a customer's prepaid calling card ("pin"). Some states do
not allow some limitations of liability, so the foregoing limitations may
not apply to you.
The risk of loss of all pins purchased through this website shall pass to
customer immediately upon purchase and customer shall assume all risk of loss.
Amantel.com shall not be obligated to provide credits or refunds
(in any form or amount) for lost or stolen pins, misused pins, unauthorized
or fraudulent use of pins, or for pins that have unused or expired minutes.
The obligations of Amantel.com under this agreement are subject to,
and Amantel.com shall not be liable for, delays, failures to perform, damages,
losses or destruction, or malfunction of any equipment or any consequence
thereof caused or occasioned by, or due to fire, flood, water, the elements,
labor disputes or shortages, utility curtailments, power failures, explosions,
civil disturbances, governmental actions, shortages of equipment for supplies,
unavailability of transportation, acts or omissions of third parties, including
without limitations, acts or omissions of third party service providers, or any
other cause beyond the reasonable control of amantel.com.
4. Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant
Amantel.com, its affiliates, suppliers, distributors, and third party
service providers a royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license to use, reproduce, edit,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform, and display the content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, technology
now known or later developed, for the full term of any rights that may
exist in such content. You also warrant that the holder of any rights,
including moral rights, in "public area" content has completely and
effectively waived all such rights and validly and irrevocably granted to
you the right to grant the license stated above. You also permit any visitor to
access, display, view, store, and reproduce "public area" content for personal
use. Subject to the foregoing, the owner of "public area" content retains any
and all rights that may exist in such content. By accessing Amantel.com,
you agree that you shall have no recourse against Amantel.com for any
alleged or actual infringement or misappropriation of any proprietary right
in your communications to Amantel.com.
You are solely responsible for your content, and we merely act as a passive
conduit for your online distribution and publication of your information.
However, we may unilaterally take any action with respect to your content if we
believe it may create liability for us or may cause us to lose (in whole or in
part) the services of our ISPs or other suppliers.
Amantel.com reserves the right to edit, copy, delete, in part or in
full, any or all content provided by its members. Amantel.com may make
these changes at any time for any reason without the prior consent or
notification of the author.
You may only use Amantel.com for legal purposes. The content you distribute
or request to receive (directly or indirectly) through Membership access,
any products and services you may choose to offer (if permitted to do so),
and any username you select:
(a) shall not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(b) shall not violate any law or regulation (including
without limitation those governing export control, unfair competition,
anti-discrimination or false advertising);
(c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
(d) shall not be obscene or contain child pornography; or
(e) shall not contain any computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information.
You may not distribute unsolicited commercial messages ("spam") through your
use of services provided by Amantel.com or take any other action, which
imposes an unreasonable or disproportionately large load on our infrastructure,
including without limitation, using excessive network bandwidth. In addition, you
may not distribute spam that directs or encourages users to visit our Website
through the account of another provider. At our option and without further
notice, we may use anti-spam technologies that may terminate your messages
without delivering them or prevent messages from reaching you. You agree not
to impersonate any other person or entity, whether actual or fictitious, including
impersonating an employee or consultant of Amantel.com. You further agree
not to use an inappropriate member name of any kind.
The entire contents of Amantel.com are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks are
Amantel.com, its affiliates or other third party licenser's. You may
not modify, copy, reproduce, republish, upload, post, transmit, or distribute,
in any manner, the material on the website, including text, graphics,
code and/or software.
You may print and download portions of material from the different areas of
the Website solely for your own noncommercial use. You hereby agree not to
change or delete any copyright or proprietary notices from the materials
downloaded or printed from Amantel.com.
The rates applicable to all telecommunications services or products provided
by Amantel.com shall be the rates charged by the underlying carrier at
the time the PIN is purchased. All rates apply only to calls originated in the
United States of America. Telecommunications services may also be subject to
fees and surcharges, including without limitation per call fees or surcharges as
set by the underlying carrier. An additional Federal Communications Commission
mandated surcharge will be assessed for calls originated from a pay phone. These
fees and/or surcharges are assessed at the time the call is made and are in
addition to the per minute rate applicable to the call. By agreeing to purchase
a PIN, you agree to pay the rates, fees and surcharges in effect for that PIN at
the time of purchase.
All prepaid phonecards (except for Pinless and Rechargeable phonecards) shall have
an expiration date linked to the date of purchase, at which point it shall expire
automatically. The expiration date is communicated to you along with your
PIN Number and Access Number immediately following purchase. Any unused minutes
or value shall be forfeited upon expiration.
All telecommunications services used in connection with Pins are provided by
the underlying carriers of those telecommunications services.
Third Party Providers
You may order, purchase, or otherwise obtain services or merchandise through
this Website from entities not affiliated with Amantel.com ("Sellers").
All matters concerning the merchandise and services obtained or desired from
any Seller, including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you and
the Seller. Amantel.com makes no warranties or representations whatsoever
with regard to any goods or services provided by Sellers. You will not
consider Amantel.com nor will Amantel.com be construed as a party
to such transactions, whether or not Amantel.com may have received some
form of revenue or other remuneration in connection with the transaction or be
liable for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
Amantel.com may contain links that provide access to services
provided by affiliates of Amantel.com. These links are provided solely
as a convenience to you and not as an endorsement by Amantel.com of the
content of such other websites. When you access any of these services, your rights and
obligations will be governed by the agreements and policies relating to the use
of such services.
If we ask a third party to provide services through the Website or for your
use, the provisions of this Agreement shall apply to your use of their services.
Amantel.com is not responsible for the content on the Internet or
WebPages that are contained outside the Website. Amantel.com makes no
representations as to the quality, suitability, functionality or legality of any
other websites to which we may provide links, and you hereby waive any claim you
might have against Amantel.com with respect to such sites.
5. Indemnification
You agree to indemnify, defend and hold
harmless Amantel.com, its parent companies, subsidiaries, affiliates,
and any officers, directors, employees, consultants, and agents of any of
them from any and all third party claims, liabilities, damages and/or costs
(including, but not limited to, reasonable attorneys' fees) arising from your
use of services provided by Amantel.com, your violation of this Agreement
or your infringement, or infringement by any other user of your account, of any
intellectual property right or other right of any person or entity. The Agreement
will inure to the benefit of Amantel.com and its successors, assigns and
licensees.
6. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the
State of New Jersey, without regard to conflicts of laws principles; as such
laws are applied to agreements entered into and to be performed entirely within
New Jersey between New Jersey residents. Both you and Amantel.com submit
to the exclusive personal jurisdiction of the State of New Jersey and further
agree that any cause of action arising under this Agreement shall be brought in
a court in New Jersey, NJ.
7. Severability
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced
and remain in full force and effect.
8. Waiver
The failure of either party to insist upon or enforce strict performance
by the other party of any provision of the Agreement or to exercise any right
under the Agreement will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such provision
or right in that or any other instance.
9. Assignment
Amantel.com may freely assign this Agreement and upon such
assignment Amantel.com will be relieved of any further obligation there
under. You may not assign its rights under this Agreement, in whole or in part,
to any third party.
10. Entire Agreement
This Agreement (including all Addendum and the Privacy Policy) sets forth
the entire understanding and agreement between the parties with respect to
the subject matter herein, and supersedes all prior agreements and
understandings.
11. Fees
Amantel.com reserves the right to charge fees, surcharges and/or
membership fees at any time upon without prior written notice to you.
12. Amendments
Amantel.com reserves the right to unilaterally amend this Agreement
at any time by either:
(a) notifying you by e-mail, in which case the
amendments will be effective upon e-mailing you the notification at the e-mail
address you have provided; or
(b) by posting the amended version on the Website
and announcing on our Home Page that the amended agreement is available.
In this case, such amendments will be effective when announced.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Amantel.com.
