Tangopinoy.com ("TangoPinoy.com") makes
available for your use on its websites ("Website" or "Site") information, documents,
software and products (collectively "Materials") and various services offered by Tango
Pinoy.com (collectively "Services") subject to the terms and conditions set forth in
this Agreement. Please read this Agreement carefully before accessing or using the
Service. By accessing or using this Site, which includes your access to or use of any
Materials or Services, you agree to be bound by these Terms of Use. If you do not wish
to be bound by these Terms of Use, do not access or use the Site, Materials, or any of
the Services.
Tangopinoy.com may modify the Materials, Services and Terms of Use
at any time without notice and such modifications shall be deemed effective immediately
upon making such changes. Additionally, when using particular Services or Materials,
you shall be subject to all posted agreements, guidelines or rules applicable to such
Services or Materials that may contain terms and conditions in addition to those in the
Terms of Use. All such guidelines or rules are hereby incorporated by reference into the
Terms of Use.
MEMBERSHIP AND PRIVACY
Tangopinoy.com is only available to individuals over the age of 18. If you do not wish
to use our Services, please do not use the Web Site. Tangopinoy.com may refuse Services
to anyone at anytime, at our sole discretion. To be an eligible member of Tangopinoy.com
as the user, must provide Tangopinoy.com with your legal first and last name, billing
address, city, state, country, postal code, and e-mail address. Should you falsify any
of the required information, your account will be terminated immediately with or without
prior notice. You may be subject to verification before the service activation notice is
activated. Tangopinoy.com is strongly committed to protecting the privacy of users of its
interactive products and services. We want to contribute to providing a safe and secure
environment for users and the information we gather about you when you visit.
Tangopinoy.com is never shared and is at the utmost secured. Tangopinoy.com may share
such information in response to legal process, such as a court order or any subpoena, or
in special cases such as a physical threat to you or others.
FEES
There are no other fees than purchase price, shipping, and pre-pay minutes associated
with Tangopinoy.com Service. All registered users are able to benefit from the great
value of service offered by Tangopinoy.com.
BILLING
Calls are rounded up to the next whole minute and billed in full minute increments. All
calls for which we receive answer supervision shall incur a minimum one-minute charge.
Tangopinoy.com relies on answer supervision to determine whether and when a call has been
answered. Answer supervision is generally received when a call is answered; however,
answer supervision may also be generated by voicemail systems, inter-exchange switching
equipment and private branch exchanges. You must notify us in writing of any disputed
charges within thirty (30) days of the charges or you will have waived your right to
dispute the charges.
ACCURACY OF INFORMATION
You are responsible for the truth and accuracy of all information you provide publicly
or privately to Tangopinoy.com during registration. Your Information shall not be
fraudulent. Tangopinoy.com will only use your information in accordance with our Privacy
Policy.
911
EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED OUT OR SUPPORTED BY THE SOFTWARE
OR SERVICES AND THAT NEITHER Tangopinoy.com NOR ANY OF ITS AFFILIATES, SUBSIDIARIES,
PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL
BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS
OR SERVICES. BY SIGNING UP AND USING THE SERVICE YOU ACKNOWLEDGE THIS.
GENERAL
If you register for one of our pay services, you agree to be responsible for payment of
all applicable charges incurred as a result of your use of the Tangopinoy.com pay
services, including but not limited to the use or misuse by an unauthorized third party,
or any error, accidental use or loss. You are responsible for maintaining the
confidentiality of your account number and/or password. Tangopinoy.com will not offer
any refunds or reimbursements for the purchase price of any pre-paid calling airtime
minutes. Calls made from a payphone may incur a surcharge.
LIMITATION OF LIABILITY
In no event will Tangopinoy.com liable for any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the use of or inability to
use the Service, or any information, or transactions provided on the Service or downloaded
or hyperlinked from the Service, even if Tangopinoy.com or its authorized representatives
have been advised of the possibility of such damages, or any claim attributable to errors,
omissions, or other inaccuracies in the Service and/or materials or information downloaded
through, or hyperlinked from, the Service. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, the above limitation
may not apply to you. In such states, Tangopinoy.com liability is limited to the greatest
extent permitted by law.
WARRANTIES, DISCLAIMERS AND FORCE MAJEURE
Tangopinoy.com will not be liable for any delay or failure to provide the Service at any
time or from time to time, or any interruption or degradation of voice quality that is
caused by acts of god, fire, flood, accident, riot, war, government intervention,
embargoes, strikes, labor difficulties, equipment failure or other difficulties of
Tangopinoy.com as may occur beyond our control. In no event shall Tangopinoy.com nor any
of its affiliates, subsidiaries, parent companies, agents, network service providers,
partners, or employees be liable for any special, incidental, indirect, punitive or
consequential damages or for any damages, including but not limited to loss of life,
injury, loss of data, loss of revenue or profits, or arising out of or in connection with
the use or inability to use the Services. Tangopinoy.com also makes no warranty that the
service will be uninterrupted or error free. The information and services included in or
available through the Service may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. You specifically agree that
Tangopinoy.com shall not be responsible for unauthorized access of your user account ID
and Password for the purchase of pre-paid airtime minutes purchased online will be shown
as soon as the credit card transaction is successful. In case of any unforeseen technical
errors during transaction, please inform us. It is the responsibility of the customer to
provide us with correct email address. Tangopinoy.com shall not be held responsible for
any mistaken delivery produced by customer's false information.
INDEMNITY
You agree to indemnify, defend and hold Tangopinoy.com, its officers, directors, employees,
agents, shareholders, licensors, suppliers, business partners and any third party
information providers to the Site, Services or Materials from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from your
improper use of any Services or Materials, or any violation of this Agreement by you. The
provisions of this paragraph are for the benefit of Tangopinoy.com and its officers,
directors, employees, agents, shareholders, licensors, suppliers, business partners and
any third party information providers to the Site, Services or Materials. Each of these
individuals or entities shall have the right to assert and enforce these provisions
directly against you on its own behalf.
TERMINATION / DISCONTINUANCE OF SERVICE
You acknowledge that Tangopinoy.com reserve the right to suspend or discontinue the
Service, password, account (or any part thereof) at any time in our sole and absolute
discretion. Tangopinoy.com also in its sole discretion and at any time discontinue
providing the Materials, Services, or any parts thereof, with or without notice. You
agree that any termination of your access to the Services or Materials may be effected
without prior notice, and acknowledge and agree that Tangopinoy.com may immediately
deactivate or delete your account and/or bar any further access to the Services or
Materials. Further, you agree that Tangopinoy.com shall not be liable to you or any
third-party for any termination of your access to the Services or Materials.
PRICE
Prices and any charges relating to the Service are posted on the Tangopinoy.com website.
Rates and fees are subject to change in accordance with legal requirements without notice.
Federal, state, and local taxes may apply. The pre-paid airtime minutes has no cash value
and is non-refundable. Tangopinoy.com may change the prices of minutes from time to time
without notice to you.
PAYMENT
All Services purchased are paid via credit card payments. As the airtime minutes will are
on a pre-paid basis, all usage can be re-loaded online.
THEFT OF SERVICE
You agree to notify Tangopinoy.com immediately if you become aware at any time that your
Service is being stolen or fraudulently used. When you call or write, you must provide
your account number and a detailed description of the circumstances responsible for all
charges for the Services until such time as you provide Tangopinoy.com with notice of the
theft or fraudulent use of the Service ACCOUNT NUMBER AND PASSWORD You are responsible for
maintaining the confidentiality of your account number and/or password. You are
responsible for all uses of your account, whether or not actually or expressly authorized
by you.
REASSIGNMENT OF NUMBER UPON SERVICE TERMINATION
Upon termination of the Service, Tangopinoy.com may, at its sole discretion, reassign a
telephone number or Direct Inward Dialing ("DID") (collectively "Number") provided to you
by Tangopinoy.com. You shall not obtain any rights, title or interest in the Number and
the Number is not portable to other service providers. The Number is not to be used with
any other device other than the Device provided by Tangopinoy.com and Tangopinoy.com
reserves the right to change, cancel or reassign the Number at Tangopinoy.com discretion.
WIFI SERVICE DISTINCTIONS
You acknowledge and understand that the WIFI Service Feature of the phone is an ENHANCED
SERVICE offering provided by a contract vender to Tangopinoy.com. The Service is subject
to different regulatory treatment than telephone service. This treatment may limit or
otherwise affect your rights of redress before any governmental telecommunications
regulatory agencies.
OWNERSHIP AND RISK OF LOSS
You are purchasing the phone and therefore, are the owner of the phone and bear all risk
of loss of, theft of, casualty to or damage to the Device, from the time it is shipped
and received by your recipient.
INTELLECTUAL PROPERTY
The Service and phone and any firmware or software used to provide the Service or provided
to you in conjunction with providing the Service, or embedded in the Device, and all
Services, information, documents and materials are protected by trademark, copyright or
other intellectual property laws and international treaty provisions. All websites,
corporate names, service marks, trademarks, trade names, logos and domain names
(collectively "marks") of Tangopinoy.com are and shall remain the exclusive property of
Tangopinoy.com and nothing in this Agreement shall grant you the right or license to use
any such marks. You acknowledge that you are not given any license to use the firmware or
software used to provide the Service or provided to you in conjunction with providing the
Service, or embedded in the phone, other than a nontransferable, revocable license to use
such firmware or software in object code form (without making any modification thereto)
strictly in accordance with the terms and conditions of this Agreement. You expressly
agree that the phone is exclusively for use in connection with the Service and that
Tangopinoy.com will not provide any passwords, codes or other information or assistance
that would enable you to use the phone for any other purpose. If you decide to use the
Service through an interface phone not provided by Tangopinoy.com, which Tangopinoy.com
reserves the right to prohibit in particular cases or generally, you warrant and represent
that you possess all required rights, including software and/or firmware licenses, to use
that interface device with the Service and you will indemnify and hold harmless
Tangopinoy.com against any and all liability arising out of your use of such interface
device with the Service. You shall not reverse compile, disassemble or reverse engineer or
otherwise attempt to derive the source code from the binary code of the firmware or
software.
LOSS OF SERVICE DUE TO POWER FAILURE OR INTERNET SERVICE OUTAGE
You acknowledge and understand that t the WIFI Service feature of the phone requires a
fully functional WIFI broadband connection to the Internet (which is not provided by
Tangopinoy.com) and that, accordingly, in the event of an outage of, or termination of
service with or by, your Internet service provider ("ISP") and/or broadband provider,
the Service will not function. Should there be an interruption in the power supply or
ISP outage, the Service will not function until power is restored or the ISP outage is
cured. A power failure or disruption may require the End User to reset or reconfigure
equipment prior to utilizing the Service.
FRAUD
Tangopinoy.com will prosecute FRAUD to the fullest extent of the law. Tangopinoy.com
will work with law enforcement and cooperate with any other departments to help in
preventing FRADULENT use of credit cards.
TECHNICAL SUPPORT
Along with online service to provide technical support for you at 1-323-554-5062.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
state of California, County of Santa Clara without regard to its choice of law rules.
This governing law provision applies no matter where you reside, or where you use or
pay for the Service and you expressly waive all defenses to jurisdiction. Any cause of
action or claim you may have with respect to the Site, Services or Materials must be
commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred. Tangopinoy.com failure to insist upon or enforce strict
performance of any provision of these Terms of Use shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Terms of Use. Tangopinoy.com may
assign its rights and duties under these Terms of Use to any party at any time without
notice to you. Furthermore, our failure to exercise or enforce any provision(s) of this
Agreement will not constitute a waiver of such right or provision.