Terms and Conditions of Use

Introduction

Welcome to Tpad Limited ("the Site"). Please read the following Terms and Conditions of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Tpad Limited. By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms and Conditions of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Tpad has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Tpad. To better protect your rights we have provided the Tpad Privacy Policy to explain our privacy practices in detail.

Use of Tpad Software

Tpad SoftPhone and IM software, sometimes referred to as (the .Software.) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Tpad. Use of the Software is governed by the terms of the end user license agreement that is referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Tpad, the materials in or purchased through this site are provided .as is. and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Tpad disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Tpad does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Tpad does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Tpad) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Tpad service, we include links to other web sites on the world wide web portion of the internet and that Tpad has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Tpad be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if Tpad or a Tpad authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Tpad or from or through the site shall create any warranty not expressly stated in the terms of use. In no event shall Tpad.s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

Links

Tpad may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). Tpad is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of Tpad.s community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of Tpad Software ("User Materials"). You may not submit or publish through Tpad any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Tpad that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Tpad a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Tpad and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the Tpad Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Tpad. Tpad shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Tpad will not be treated as confidential and Tpad shall not be liable for any disclosure of the Submissions.

Accounts and Security

Tpad does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password ("Password") and User Name ("User Name"). You shall provide Tpad with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Tpad, in its sole discretion, deems inappropriate or offensive.

You shall notify Tpad of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Tpad's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Trademarks

Tpad and the Tpad logo and other marks indicated on our site are trademarks of Tpad Limited or other related companies. Tpad is registered in the European Union.

Registrations have been filed in several countries. Tpad's trademarks and trade dress may not be used in connection with any product or service that is not Tpad's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tpad. All other trademarks not owned by Tpad or any of its related companies that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tpad.

Copyright

All content and compilation of content included on Tpad's website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Tpad Limited and is protected by United Kingdom and international copyright laws.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us at: support@tpad.com