Terms of Use

AGREEMENT BETWEEN YOU AND COMMON VOICES, INC.
Welcome! The NowMessage.com Service is made up of various Web sites, Web pages, and services operated by Common Voices, Inc. These Terms of Service apply to the NowMessage.com Service and do not apply to the content of third parties.

The NowMessage.com Services are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NowMessage.com Services constitutes your agreement to all such terms, conditions, and notices. Your use of a particular NowMessage.com Service included within the NowMessage.com Services may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”). Additionally, the NowMessage.com Services may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NowMessage.com Service, then these terms shall prevail.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular NowMessage.com Service, or any product or service offered on any NowMessage.com Service requires You to open an account, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify Common Voices immediately of any unauthorized use of your account or any other breach of security. Common Voices will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by Common Voices or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Your wireless carrier may charge fees for voicemail delivery, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services, and You agree that You are solely responsible for any and all such fees. Common Voices may provide information about selected wireless carriers for your convenience only and we recommend that You check with your wireless carrier to verify what fees may apply to your wireless device plan.
Common Voices does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to You. Voicemail, E-mail and instant message alerts that You receive on your device may be delayed during transmission over the Internet, or by other causes. The accuracy and timeliness of any NowMessage.com Service is not guaranteed or warranted by Common Voices or its suppliers. Please be sure to refer to the appropriate alert terms for a specific NowMessage.com Service included in the Additional Terms if You have questions about specific alerts.

CHARGES
Currently the NowMessage.com service is offered free of charge, however, when using NowMessage.com, calls to you are diverted to a voicemail box operated by us or an Associated Person and your Carrier may charge you for this diverted call. You may also choose to dial into your NowMessage.com voicemail box and your Carrier will charge you for this call. If you are roaming, your Carrier may also charge you roaming charges in addition to any other charges that may be applicable.
In respect of all charges levied by your Carrier, we recommend that you check their tariffs for each of the above services. Common Voices is not responsible for any charges levied by your Carrier.
Common Voices reserves the right to limit use of the Service if unreasonable usage occurs on any account at any time.

MODIFICATION OF THESE TERMS OF USE
Common Voices reserves the right to change the terms, conditions, and notices under which the NowMessage.com Service are offered, including but not limited to the charges associated with the use of the NowMessage.com Service. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the NowMessage.com Service constitutes your agreement to all such terms, conditions, and notices.

USE LIMITATION
The Service is made available to You for your use only. Due to the Children’s Online Privacy Protection Act of 1998, You must be at least thirteen (13) years of age to use this Service. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NowMessage.com Service.
Without the advance express written permission of Common Voices, You may not ‘metasearch’ the NowMessage.com Service, send, or cause to be sent, any automated queries of any sort to the NowMessage.com Service, or use the NowMessage.com Service in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any NowMessage.com Service to determine how a web site “ranks” on any NowMessage.com Service.

LINKS TO THIRD PARTY SITES
The NowMessage.com Service may contain images of and links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of Common Voices and Common Voices is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Common Voices is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Common Voices responsible if the Linked Site is not working appropriately. Common Voices is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Common Voices of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the NowMessage.com Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the advertiser or other third party. Common Voices shall not be responsible or liable for any part of any such dealings or promotions.

PRIVACY AND ADVERTISING
As a condition to using the Service, You agree to the terms of the NowMessage.com Privacy Statement as it may be updated from time to time. Common Voices understands that privacy is important to You. You do, however, agree that Common Voices may monitor, edit or disclose your personal information, including the content of your voicemails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the NowMessage.com Privacy Policy. Personal information collected by Common Voices may be stored and processed in the United States or any other country in which Common Voices Inc. or its agents maintain facilities. Common Voices and its partners may use the content of Your messages to improve message processing capabilities. By using NowMessage.com, You consent to any such transfer of information outside of your country.
As consideration for using the Service, You agree and understand that Common Voices may display ads and other information adjacent to and related to the content of your voicemail. Common Voices serves relevant ads using a completely automated process that enables Common Voices to effectively target dynamically changing content, such as voicemail. No human will screen or listen to the content of your voicemail in order to target such advertisements without your consent, and no voicemail content or other personally identifiable information will be provided to advertisers as part of the Service.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NowMessage.com Service, You will not use the NowMessage.com Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NowMessage.com Service in any manner that could damage, disable, overburden, or impair any NowMessage.com Service (or the network(s) connected to any NowMessage.com Service) or interfere with any other party’s use and enjoyment of any NowMessage.com Service. You may not attempt to gain unauthorized access to any NowMessage.com Service, other accounts, computer systems or networks connected to any NowMessage.com Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NowMessage.com Service.

USE OF SERVICES
The NowMessage.com Service may contain voicemail services, email services, chat areas, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable You to communicate with others (collectively, “Communication Services”). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Common Voices Privacy Policy. In addition, You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Common Voices disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Common Voices also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to You, other than the refund of any unused amounts You may have paid for the Service. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk voicemail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain sounds, voices, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including sounds or voices which are made available through the NowMessage.com Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Use of meta tag searches on the web sites.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a NowMessage.com Service or other user or usage information or any portion thereof.

Common Voices has no obligation to monitor the Communication Services; however, Common Voices reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Common Voices reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Common Voices reserves the right at all times to disclose any information as Common Voices deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Common Voices ‘s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Common Voices does not control or endorse the content, messages or information found in any Communication Service and, therefore, Common Voices specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Common Voices spokespersons, and their views do not necessarily reflect those of Common Voices.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download the materials.

MATERIALS PROVIDED TO COMMON VOICES OR POSTED TO ANY NOWMESSAGE.COM SERVICE
Common Voices does not claim ownership of the materials You provide to Common Voices (including feedback and suggestions) or post, upload, input or submit to any public arena of a NowMessage.com Service or its associated services, or by the members of any public or private group, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission You are granting Common Voices, its companies necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all NowMessage.com Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a NowMessage.com Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Common Voices is under no obligation to post or use any Submission You may provide and Common Voices may remove any Submission at any time in its sole discretion.
By Posting a Submission You warrant and represent that You own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

INTELLECTUAL PROPERTY RIGHTS
All content and software (if any) that is made available to view and/or download in connection with the NowMessage.com Service, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of Common Voices and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Common Voices Corporation hereby grants to You, the user, a revocable personal, nontransferable license to use the Software for viewing and otherwise using the particular NowMessage.com Service in accordance with these Terms of Use, and for no other purpose provided that You keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NOWMESSAGE.COM SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NOWMESSAGE.COM SERVICE AND TO THE INFORMATION THEREIN. COMMON VOICES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NOWMESSAGE.COM SERVICE AT ANY TIME. COMMON VOICES CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE NOWMESSAGE.COM SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMMON VOICES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT COMMON VOICES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY COMMON VOICES SERVICE. YOU SPECIFICALLY AGREE THAT COMMON VOICES IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT COMMON VOICES IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY NOWMESSAGE.COM SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL COMMON VOICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NOWMESSAGE.COM SERVICE, WITH THE DELAY OR INABILITY TO USE THE NOWMESSAGE.COM SERVICE OR RELATED SERVICES,THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NOWMESSAGE.COM SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE NOWMESSAGE.COM SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMMON VOICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OFTHE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NOWMESSAGE.COM SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOWMESSAGE.COM SERVICE.

STORAGE SPACE AND OTHER LIMITATIONS
You agree that Common Voices may establish limits concerning use of any NowMessage.com Service offered on an NowMessage.com Service, including without limitation the maximum number of days that voicemail messages will be retained by any NowMessage.com Service, the maximum number of voicemail messages that may be sent from or received by an account on any NowMessage.com Service, the maximum size of a voicemail message that may be sent from or received by an account on any NowMessage.com Service, the maximum disk space that will be allotted on Common Voices ‘s servers on your behalf either cumulatively or for any particular service, such as for storing digital voice, and the maximum number of times and duration You may access any NowMessage.com Service in a given period of time.
You agree that Common Voices has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any NowMessage.com Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any NowMessage.com Service may change at any time. You acknowledge that Common Voices reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within Common Voices that are “inactive” for an extended period of time. “Inactive” means that You have not signed in to a particular service for an extended period of time, as determined by Common Voices, in its sole discretion. The amount of time that Common Voices currently considers as an “extended” period of time is determined based on the particular NowMessage.com Service or Common Voices Service within Common Voices to which it pertains, or other user information relating to the particular service. COMMON VOICES MAKES NO WARRANTY THAT ANY NOWMESSAGE.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION
Common Voices reserves the right, in its sole discretion, to terminate your access to any or all NowMessage.com Service and the related services or any portion thereof at any time, without notice. Common Voices may also terminate or suspend your access to NowMessage.com Service for inactivity, as set forth, above, in “Storage Space and Other Limitations.” Common Voices shall have no obligation to maintain any content or to forward any unread or unsent messages to You or any third party.

NO SPAM; DAMAGES
Common Voices may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any ‘spam’ or other unsolicited bulk voicemail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then You agree to pay Common Voices liquidated damages of five dollars (US$5.00) for each piece of ‘spam’ or unsolicited bulk voicemail transmitted from or otherwise connected with your account. Otherwise You agree to pay Common Voices’s actual damages; to the extent such actual damages can be reasonably calculated.

GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the Commonwealth of Massachusetts, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Middlesex County, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the NowMessage.com Service. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Common Voices as a result of this agreement or use of the NowMessage.com Service. You agree to indemnify and hold Common Voices, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the NowMessage.com Service. Common Voices reserves the right to disclose any personal information about You or your use of the NowMessage.com Service, including its contents, without your prior permission if Common Voices has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Common Voices or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Common Voices’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Common Voices’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NowMessage.com Service or information provided to or gathered by Common Voices with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Common Voices with respect to the NowMessage.com Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Common Voices with respect to the NowMessage.com Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the NowMessage.com Services are: Copyright (c) 2003-2011 Common Voices Inc. and/or its suppliers, 35 Medford St, Suite 305, Somerville, MA 02143 U.S.A. All rights reserved.

TRADEMARKS.
Common Voices, Common Voices Logo, and/or other Common Voices products and services referenced herein may also be either trademarks or registered trademarks of Common Voices, Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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