IDT ("IDT") makes available for your use on this website, located at www.friendsterloop.com ("Website" or "Site"), information, documents, software and products (collectively "Materials") and other free and paid services (collectively "Calling Card Services") subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Calling Card Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, or the Materials, or purchase or use any of the Calling Card Services.
Friendster, Inc. (“Friendster”) has a business relationship with IDT and is a licensor of certain trademarks, data, information, and other content used in connection with the Site, the Materials, and the Calling Card Services. However, IDT is the sole provider of the Site, the Materials, and the Calling Card Services, and these Terms of Use constitute an agreement solely between you and IDT. In no event will Friendster be responsible to you in any way for the provision of the Site, the Materials, or the Calling Card Services, or liable to you for any breach of any provision of these Terms of Service.
The Website, the Materials, and the Calling Card Services are only available to individuals who can form legally binding contracts under applicable law, and are not available to minors under the age of 18 under any circumstances. In the event that, in the course of using the Website or the Materials or purchasing or using any Calling Card Services, you knowingly provide false information to IDT, your use of the Website, the Materials and/or the Calling Card Services shall be terminated immediately with or without prior notice. IDT has no obligation to verify any such information that you provide in connection with the Website or the Calling Card Services, and IDT may opt to act upon any information (including processing any purchase of Calling Card Services) immediately, without verification, at its sole and absolute discretion. Any such verification is solely for the benefit of IDT and neither you, nor any other person (e.g., your credit card company), is a third party beneficiary of any such verification.
IDT may modify the Website, the Materials, Calling Card Services, or these Terms of Use at any time without notice, and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Calling Card Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Calling Card 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 these Terms of Use.
BILLING Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. IDT relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
INTERNATIONAL TOLL FREE SERVICE Surcharges may apply for calls originated outside the U.S. Please consult the Rates information for more details.
TRADEMARKS All corporate names, service marks, logos, trade names, trademarks, websites and domain names of IDT (collectively "Marks") used in connection with the Website, the Materials, and the Calling Card Services are and shall remain the exclusive property of IDT or IDT’s licensors, and nothing in this agreement shall grant you the license to use such Marks.
COPYRIGHT All Calling Card Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Calling Card Services (other than use of the Calling Card Services for the purchase and use of virtual calling cards as set forth herein) and/or the Materials found on the Website is strictly prohibited, without the express, prior, written consent of IDT. Any reproduction or redistribution of the Website and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
USE OF SOFTWARE In the event that any software is made available to download from this Site, such software is the copyrighted work of IDT and/or its suppliers and partners. Use of such software is governed by these Terms of Use and the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the Website or any of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE WEBSITE OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
YOUR CONDUCT You agree to use the Website, the Materials and Calling Card Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct and are prohibited from using the Materials or the Calling Card Services for any of the foregoing purposes. If IDT believes, in its sole discretion, that you have engaged in any of the foregoing conduct, IDT may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Calling Card Services and Materials; and/or (iii) forward the offensive materials, your communications with IDT, and your personally identifiable information to the proper authorities for investigation or prosecution.
You understand that by using the Website, the Materials, or the Calling Card Services, you may be exposed to information, materials, or other content that is offensive, indecent or objectionable. Under no circumstances will IDT be liable in any way for any such information, materials, or other content or for any loss or damage of any kind incurred as a result of such exposure to any such information, materials or other content posted, emailed, transmitted or otherwise made available via the Website, the Materials, or the Calling Card Services.
WARRANTIES AND DISCLAIMERS HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE IDT'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IDT AND IDT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IDT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IDT OF THE SITE. IDT AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. THE WEBSITE, ALL CALLING CARD SERVICES, AND ALL MATERIALS ARE PROVIDED "AS IS." IDT DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE, ANY MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE WEBSITE, THE CALLING CARD SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF ANY CALL PLACED USING THE CALLING CARD SERVICES. IDT SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION OR USE. IDT DOES NOT WARRANT THAT THE WEBSITE, THE CALLING CARD SERVICES OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES IDT WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE WEBSITE, THE CALLING CARD SERVICES OR THE MATERIALS WILL BE CORRECTED. IDT DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE CALLING CARD SERVICES, THE MATERIALS AND THE INTERNET. INFORMATION ON THIS SITE OR IN THE MATERIALS OR CALLING CARD SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
EMERGENCY/911 CALLS YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE CALLING CARD SERVICES AND THAT NEITHER IDT 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 CALLING CARD SERVICES. If you register for any of the Calling Card Services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of such Calling Card Services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. IDT will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. IDT reserves the right to terminate any dormant account that has not been used for a period of twelve (12) months or longer.
LIMITATION OF LIABILITY IN NO EVENT WILL IDT BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, CALLING CARD SERVICES OR MATERIALS, OR ANY TRANSACTIONS IN CONNECTION WITH THE CALLING CARD SERVICES OR ANY MATERIALS DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF IDT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
THE MAXIMUM LIABILITY OF IDT FOR ANY LOSS ARISING OUT OF THE PURCHASE OF ANY CALLING CARD SERVICES, WHETHER UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, SHALL BE THE LESSER OF (1) THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE CALLING CARD SERVICE OUT OF WHICH THE DISPUTE ARISES; OR (2) ONE HUNDRED DOLLARS ($100). IN THE EVENT THAT THE ABOVE LIMITATION ON IDT’S LIABILITY IS GREATER THAN THE LIMITATION ALLOWED BY APPLICABLE LAW, IDT’S LIABILITY WILL LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY You agree to indemnify, defend and hold IDT, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to IDT or the Site, Calling Card Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of the Site, any Calling Card Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of IDT and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to IDT or the Site, Calling Card 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 You agree that IDT, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, the Calling Card Services or Materials, for any reason, or no reason at all. IDT may also in its sole discretion and at any time discontinue providing the Website, the Materials, the Calling Card Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Website, the Calling Card Services or the Materials may be effected without prior notice, and acknowledge and agree that IDT may immediately deactivate or delete your account and/or bar any further access to the Website, the Calling Card Services or the Materials. Further, you agree that IDT shall not be liable to you or any third-party for any termination of your access to the Calling Card Services or Materials.
GOVERNING LAW; JURISDICTION These Terms of Use shall be governed and construed in accordance with the laws of the State of New Jersey. You agree that in any legal action or proceeding between you and IDT for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of New Jersey and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Calling Card 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. IDT's 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. IDT may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
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.
PERSONAL INFORMATION AND PRIVACY Refer to the Privacy Policy. Please note that any non-personal information or material sent to IDT will be generally be deemed to NOT be confidential.
EXPORT CONTROL LAWS The export and re-export of IDT Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Calling Card Services nor the Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading any Materials and/or purchasing or using any of the Calling Card Services, you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.