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Terms of service
Xrecording.com is owned and operated by:
ZONE TECHNOLOGIES INC.
P. O. Box 0816-01632
Panama, Republic of Panama
1. Acceptance of Terms & Conditions (Terms as a Contract)
1.3. Legal Age & Contractual Capacity. All Services are provided by Xrecording for use by persons age eighteen (18) or older, and an individual or entity legally capable, by U.S. law, of entering into a legally binding contract with Xrecording. Acceptance of the Agreement represents admission of authorization of legal age, signatory capacity and that all registration and personal information given to Xrecording is true, accurate, and current. At its discretion, Xrecording reserves the right to terminate its relationship with any Member who is found to have submitted inaccurate information or misrepresented themselves in any manner.
1.4. Amendments to the Agreement. The Agreement may be amended at any time by Xrecording. An updated version of the Agreement will be posted to the Xrecording website to inform Member. The most recent Agreement will take precedence and replace all prior agreements between Xrecording and Member. If Member no longer accepts the new Agreement, Member must terminate use of all Services immediately.
2. Xrecording License
2.1. License to Member. Through this Agreement, Xrecording provides Member with a non-exclusive license to use the Services made available to you through your Xrecording account. This license allows Member use of the Services solely in the manner permitted by this Agreement. License is only active while your account is in good standing, and as permitted by this Agreement.
2.2. Software Access/Use Restrictions. Member will not copy, translate, modify, reuse, disassemble, decompile or reverse engineer any aspect of the Services, or transmit the software to any 3rd party unless Xrecording has given written permission to do so. Additionally, Member may not use non-Xrecording software to access the Services.
2.3. Transfer of License. Member may not transfer, assign, rent, lease or sublicense his/her rights to use the Services to another party unless Xrecording has given written permission to do so.
3. Condition of Xrecording Services (Management of Accounts)
3.1. Affiliates. Member agrees to allow any and all affiliates and/or subsidiaries to work in conjunction with Xrecording in order to provide you with Services.
3.2. Account Access. Xrecording and its affiliates and/or subsidiaries reserve the right to access Member's account content if it is necessary to assist with customer service, a process subscription payment, enforce this Agreement, investigate and/or address any security or technical issues, or if Xrecording believes this access is necessary to act in accordance with a legal or governmental request.
3.3. Account Storage. Member acknowledges that Xrecording may not currently have a fixed maximum limit on the number of conversations it's able to record or store. At its discretion, Xrecording may create limits on use and storage at any time. Your account content, including personal information, may be stored and processed in a Xrecording facility or a facility of its agents.
3.4. Storage Responsibility. Xrecording assumes no responsibility or liability for the failure to store or transmit Member's account content, or for the deletion of this content.
4. Use of Xrecording Services
4.1. Equipment Requirements. Xrecording Members must provide all equipment required to use the Xrecording service including but not limited to a computer and a phone, as well as the respective services such as high speed Internet connection, and telephone service (land-line or cellular phone) through a third-party provider. Xrecording does not provide Internet or telephone services. Member must also install, download or access the necessary software from Xrecording, if required. Xrecording may automatically update software as needed without notice, or require an update to be downloaded and installed prior to continued use.
4.2. Members Agreement to Use. By accepting the Agreement, Member agrees to the following regarding use of Services: Services will only be used as is permitted by the Agreement and any law, regulation or guideline in appropriate jurisdictions Services will not be accessed or attempted to be accessed through any means other than the user interface provided by Xrecording, including through any automated means. This includes, but is not limited to, any attempt to breach security features, to probe or test the website's defenses, or to access any Xrecording system or network for which the Member has no authorization Member will not access content, data, or accounts for which the Member has no authorization Member will not act in any way that leads to the interference or disruption of Services or any equipment connected with running the Services Member will not copy, duplicate, reproduce, trade, sell, resell, market, publish or exploit any Services or elements of the Xrecording website at any time Member will not use Xrecording's Services or systems to attempt to gain unauthorized access to other computer systems Member is completely responsible for any violation of the Agreement and is liable for all consequences that may result from such a violation. This includes any loss or damage suffered by Xrecording as a result of Member's violation.
4.3. Criminal/Civil Liabilities. Any Member who violates any stipulation of the Agreement may be subject to the full extent of the law, including holding said person to civil and/or criminal liability. Xrecording will cooperate directly with appropriate law enforcement in the case of any investigation related to a violation of the Agreement.
5. Password Confidentiality & Account Security
5.1. Password Confidentiality. As a Member, you agree and understand that you are responsible for maintaining the confidentiality of any passwords or PINs which may gain access to your account and the services provided by Xrecording. In the case of any unauthorized use of your account, password or PIN, you agree to immediately inform Xrecording of this activity.
5.2. Account Security. For any loss incurred as a result of unauthorized use of your account, password or PIN, whether known or unknown, Xrecording will not be held liable. You are solely responsible to Xrecording for all activities that may occur under your account. Member has the opportunity to change your password at any time in the account settings section of Member's account.
6. Privacy & Personal Information
7. Proprietary Rights & Intellectual Property
7.1. Xrecording's Proprietary Rights. Member recognizes and agrees that all legal rights and title to the Services are owned by Xrecording or its licensors, including all intellectual property rights contained therein.
7.2. Xrecording's Intellectual Property. The use of Xrecording's brand names, logos, domain names, trademarks, service marks, copyrighted materials, patents or any other brand elements unique to Xrecording and its Services is strictly prohibited, unless you have entered into a written agreement with Xrecording detailing otherwise. If such an agreement exists, brand elements approved for use must be handled in compliance with the guidelines specific to that agreement.
7.3. Member's Proprietary Rights & Intellectual Property. Xrecording recognizes and agrees that it has no legal rights or title to any Member-generated content, including audio recordings, personal information, or any intellectual property rights contained therein. Xrecording is not required or obligated to protect and/or enforce rights owned by Member.
7.4. Member Feedback & Rights. Your participation in submitting ideas or feedback to Xrecording assigns to Xrecording all rights, title and interest to such changes or enhancements and all property rights contained therein, including, but not limited to, all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
7.5. Xrecording Use of Member Feedback. Member agrees that all feedback submitted to Xrecording may be used in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Xrecording.
7.6. Xrecording's Handling of Content. In order to perform the necessary steps to process Member-generated content to provide the Services to Members, Xrecording may transmit or distribute this content via public networks or media. Additionally, it may be necessary to make changes to this content in order to adjust it to fit the technical requirements of processing the content. Member agrees to permit Xrecording to take these actions.
8. Return Policy
8.1. Return Policy. All products are special order by the person ordering and are NOT subject to cancellations. We may, at our discretion, agree to allow an order to be cancelled for a fee of 25% provided the product has not been delivered. ALL SALES ARE FINAL.
9. Member Conduct
9.1. Liability For Recording Other Parties. Member agrees to be solely responsible for all audio and/or transcribed content created and shared while using the Service.
9.2. Notification of Recording. Member is solely responsible for notifying all parties as required by applicable law on a Xrecording phone call that the call is being recorded. Xrecording will not be held liable for any consequences relating, whether directly or indirectly, to Member's failure to do so.
9.3. Appropriateness of Content. Member agrees that the contents of his/her account are not endorsed by Xrecording. All content is subject to any applicable local, state, national or international laws and regulations. When content violates such laws or regulations, the creation and/or distribution of said content via Xrecording's Services is prohibited.
10. Subscription Termination
10.1. Termination By Xrecording or Member. Member's subscription may be terminated at any time, for any reason by either the Member or Xrecording. To terminate your subscription, you must contact Xrecording's Customer Service at http://www.Xrecording.com or support@Xrecording.com.
10.2. Deletion of Content for Expired Accounts. A Member's account would expire if was not in any usage for 180 days. In such a case, Xrecording has the right to delete account content and all related information.
10.3. Account Access Upon Termination. Upon termination of your subscription, you will no longer be granted access to your account or any content contained therein effective immediately. Closed account content may remain archived for back-up purposes within the Xrecording system for a period of time to be determined by Xrecording.
10.4. Termination of Agreement. The termination of a subscription is also the termination of the Agreement, relieving Xrecording and ex-Member of any obligations or rights contained therein, except where such obligations or rights are stated to continue indefinitely.
10.5. Xrecording's Waiver of Rights. If Xrecording should fail to implement and/or enforce any portion of this Agreement, it will not constitute a waiver of any rights or provisions laid out in the Agreement, unless such a waiver is agreed to by Xrecording in writing.
© 2005 - 2011 - all rights reserved
Xrecording product or service may not be used to violate the privacy rights of others, or to access or intercept electronic communications in violation of wiretap statutes. Phone tapping and eavesdropping is illegal in certain states. In no way will Xrecording or its subsidiaries or partners be held responsible for inappropriate use of this product. It is the responsibility of the purchaser or user to ensure that conversations are only recorded in accordance with the law of the jurisdiction where the product is utilized. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO CONSULT LEGAL COUNSEL FOR THE INTERPRETATION OF ANY LAWS APPLICABLE TO THE AREA OF INTENDED USE OF THIS PRODUCT.