PLEASE READ THESE TERMS OF SERVICE AND USE CAREFULLY. BY INSTALLING,ACCESSING, OR USING THIS APPLICATION OR WEBSITE (THE “APP” OR “SITE(S)” OFFERING THE “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS APPLICATION OR WEBSITE.
YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WHEN USING THE PHILMORE APP AND SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND PHILMORE PRODUCTIONS, INC. (“PHILMORE,” “WE,” or “US”).
PLEASE DO NOT ACCESS THE SERVICES OR INSTALL OR USE THE APP IF YOU DO NOT AGREE TO ALL OR ANY PART OF THE TERMS. U.S. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AGREE THAT, EXCEPT FOR CERTAIN EXEMPTIONS, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU PHILMORE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PHILMORE RESERVES THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE.
ACCESS TO EMERGENCY SERVICES: Our Services are not a replacement for your ordinary mobile or fixed line telephone, nor are they intended to support or carry emergency calls to any type of hospital, law enforcement agencies, medical care unit or any type of emergency services of any kind. In particular, our Services do not allow you to make such calls and Philmore is not liable in any manner for such calls or inability to place such calls. You must and it is your responsibility to ensure that you have access to alternative communication for placing such emergency calls if needed.
1. Our Services
Philmore Productions Video Voicemail is a communication platform used for video messaging, text messaging, and sending videos and pictures. We reserve the right to change, update, upgrade, charge for, change the price of, modify, and revise our Services and the App at any time. We also reserve the right to discontinue the Services.
You understand that, just like a regular voicemail or messaging service, anyone with knowledge of your phone number or other contact information may call you or send you messages through our Services and anyone you send a message to can use the content of your message as they desire.
Philmore is dedicated to facilitating the use of the Services by disabled end-users. A visually impaired user may increase the font size on their device or use gesture-based screen readers to provide audible descriptions of what is on their screen. For additional disabled-friendly functions, please see the available solutions within your device’s native operating system.
2. Legal Capacity and Eligibility
Our App and the Services cannot be used by everyone. If you are under the age of 13, you are not allowed to create an Account or use the Services. You should use our Services only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 13; if you are under the age of 13, please wait until you turn 13 to use them. You hereby warrant that you are eligible to enter into these Terms and that you are not prohibited by any competent authority, judicial order, or law from entering into any agreement; you have all proper authorizations, including if you are acting on behalf of a corporation, to enter into these Terms. Our Services and the Site(s) are intended for use within the United States only. We make no representation that our Services are available for use or permitted by law in any particular location. To the extent that you choose to access our Services, you do so at your own initiative and risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
3. Account and Registration
In order to access or use some of our Services or some of the features we offer as part of the Services, you will need to register and create an account by selecting a password and providing your name and other contact information including your age (“Account“). Any information provided through the registration process is governed by the Philmore Privacy Policy. You hereby represent and warrant that you will provide true and complete registration details. If we at Philmore believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services or any of its resources and to terminate or suspend your Account. You must register with your current mobile phone number, and, if you change it, update your mobile phone number using the “settings” in the Site(s) or App. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. Notwithstanding the above, Philmore does not monitor and is not obligated to monitor the registration details or your password security, you hereby acknowledge you are solely responsible to protect your information and password and to ensure you username and password are secure. If you use a username and password that Philmore considers insecure, Philmore may suggest it be changed, although Philmore is not required to do so. You are responsible for all activities that occur under your Account. You agree to notify Philmore immediately of any unauthorized use of your Account or any breach of security with respect to your Account, including your password. Philmore will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Account. Philmore shall be entitled to monitor your Account and password and, at its discretion, require you to change your password. You are responsible to keep your device secured so that others will not be able to access your Account.
4. Intellectual Property
Philmore licenses and grants you certain limited, revocable, non-exclusive, non-sublicensable rights so that you will be able to use the Philmore App and Services. You will also grant us certain rights to your Content (as defined below); however, Philmore does not claim any ownership to the information that you submit through your Account or through our Services.
Our Services and materials incorporated by Philmore on our Services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos, or other images incorporated by Philmore in our Services are also protected as registered or unregistered trademarks, trade names, or service marks owned by Philmore or others (“Trademarks”). Philmore or its licensors own the title, copyright, and other intellectual property rights in the Material, Philmore App and the Services, and by using our Services, you do not acquire any ownership rights in the Services or any Material contained therein. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission. Philmore respects the intellectual property rights of others and asks you to do the same. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
Philmore will consider anything you provide to Philmore, including, without limitations, any feedback, ideas, or suggestions or contribute to this its Services without having as available for our use free of any obligations to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
We, our affiliates, and our third-party partners may place advertisements on the Services, which may sometimes appear near, between, over, or in your Content. This will include personalized advertising, for more information please see the Philmore Privacy Policy. The entire content of the Site(s), including all HTML code, scripts, data, text, graphics, logos, button icons, images, photography, video, and software, is copyrighted and protected by worldwide copyright laws and treaty provisions. The following copyright notice applies to all proprietary material available throughout the Site(s): ©2022 Philmore Productions, Inc.
5. Restrictions of Use
You may only use our Services for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through our Services. Any transmission, distribution, or storing of unlawful material or using our Services and its contents for unlawful purposes may expose you to criminal or civil liability, termination or suspension of these Terms, your Account and use of the Services and removal of your Content.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
6. Safety and Support
Philmore cannot guarantee that the Services will always function without disruptions, delay or errors because we have no control of the third-party networks carrying our Services. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. Philmore takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
From time to time, Philmore may need to perform maintenance on or upgrade the Service. This may require Philmore to temporarily suspend or limit your use of the Services until such time as this maintenance or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use.
You are prohibited from using any services or facilities provided in connection with our Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Philmore reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
We reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your Account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns. We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
7. No Warranties; Limitation of Liability.
THE SITE(S) AND THE INFORMATION CONTAINED THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Philmore assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site(s) or your downloading of any material, data, text, images, audio, or video from the Site(s) or any linked sites. Philmore does not guarantee continuous, uninterrupted, or secure access to the Site(s) or services, and operation of the Site(s) may be interfered with by numerous factors outside of Philmore’s control.
In no event will Philmore or any other party involved in creating, producing, maintaining, or delivering the Site(s), or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, the Site(s). You specifically acknowledge that Philmore shall not be liable for the defamatory, offensive, or illegal conduct of any third party using the Services and that the risk of harm or damage from the foregoing rests entirely with you. In no event shall Philmore’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 greater of twenty-five dollars ($25.00) or the total amount you have paid to us for use of the Services.
The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
8. Payments, Charges, and Refunds
Subscription Terms and Details:
Certain Services may be subject to payments and fees charged on a recurring basis (“Paid Services”). The price stated for the Paid Services shall be paid in USD and excludes all applicable taxes, unless stated otherwise. Paid Services will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. If you cancel your Paid Services, such cancellation shall be effective at the end of the current subscription period; any unused portion of a subscription period shall be forfeited. You can manage your Paid Services and/or turn off auto-renewal by visiting your settings after signing. up.
Philmore may suspend or cancel the Paid Services or your access to your Account if payment is not received on time or if the payment method on file is no longer valid. In addition, using the Services, including the Paid Services, on a mobile application will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing. The terms and conditions of your mobile operator apply to your payment, in addition to our Terms. Mobile billing is not a bundled offer between our Services and your mobile plan service.
When you make a purchase within the App or through our website, we use third party payment respect to payment terms, refunds, etc.), and you should read such applicable terms before you decide to complete the purchase. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service or method. You can change your payment method and billing information by logging into your account. Any of your payments and purchases will apply through the designated Account from the time of purchase. Your order and receipt will be sent through an email acknowledgment through the email address you provided to us.
We may also offer, from time to time, special promotional offers, which may include different terms and conditions. We reserve the right to change, cancel and/or restrict these promotional offers at our sole discretion and at any time. The specific terms for each promotion will be disclosed prior to making purchase(s) based on such promotion(s).
Except as provided by law or as set forth herein, all purchases are final and non-refundable.
If you believe that Philmore has charged you in error, you must contact Philmore within 90 days of such charge. No refunds will be given for any charges after 90 days. Philmore reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) that you are in breach of these Terms or the Philmore Privacy Policy; (iii) that you are using any of our products fraudulently or that your Account is being used by a third party fraudulently; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.
9. Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services, with or without notice. We aspire that you will always continue to use and enjoy our Services, but you may choose to terminate your relationship with Philmore at any time.
If you are using our free Services, you may terminate your relationship with Philmore by simply ceasing to use the Services and deleting the App from your device(s). Where permissible under applicable law, Philmore has the right to terminate your rights under our Services without notice, including, without limitation, by blocking you, suspending or terminating your Account, including, and without derogating from our general right, if you are in breach of our Terms or other policies or if we decide not to provide the Services or any part thereof in certain locations or to certain devices. Philmore reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its Services, with or without notice or to establish general guidelines and limitations on their use.
10. Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Philmore do not imply endorsement of that product, publication or site. From time to time, the Site(s) may contain links to websites or other content that is not owned, operated, or controlled by Philmore. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site(s). We are not responsible for any content, materials, or other information located on or accessible from any other website, nor any products or services that you buy from any other websites. Philmore does not review all content, material, and information linked to the Site(s) and is not responsible for it. Philmore does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites. Linking to any other site is at your own risk.
11. Communications with the Site(s)
Where Philmore has specifically invited or requested submissions from users of the Site(s) or related sites, such user submissions remain the intellectual property of the individual user. By posting user submissions on the Site(s), you expressly grant Philmore a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such user submissions and your name, voice, and/or likeness as contained in your user submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such user submissions are deemed non-confidential, and Philmore shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any user submission.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Philmore may reject any submissions or postings in which it believes, in its sole discretion, that any such activities have occurred. Philmore will fully cooperate with any law enforcement authorities or court order requesting or directing Philmore to disclose the identity of or help identify or locate anyone posting any such information or material.
Although Philmore may monitor or review discussion, chats, postings, transmissions, or bulletin boards on the Site(s), Philmore is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site(s). Philmore assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of the Site(s).
You further understand and agree that sending unsolicited advertisements to the Site(s) or any user of the Site(s) or through voice or video computer systems is expressly prohibited. Any such unauthorized use of Philmore computer systems is a violation of these terms and applicable “anti-spam” laws. In addition to any remedies that Philmore may have at law or in equity, if Philmore determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, Philmore may take any action it deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Site(s).
12. Privacy Policy
If you utilize the Site(s), you shall be bound by the Privacy Policy referenced on it.
13. Indemnity
You agree to defend, indemnify, and hold Philmore harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Site(s) or your placement or transmission of any message or information on or to the Site(s) by you or your authorized users; (b) your violation of any of these terms, including without limitation, your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (c) your violation of any law, rule, or regulation of the United States or any other country; or (d) any claim or damages that arise as a result of any user submission that you provide to Philmore.
14. Governing Law
The Site(s), excluding linked sites, is controlled by Philmore from its offices in the State of Illinois, United States of America. By your browsing in and use of the Site(s), you agree that the statutes and laws of the United States and the State of Illinois will apply to all matters regarding use of the Site(s), notwithstanding any principles of conflicts of law. The Site(s) is not intended for viewing or use in countries outside of and other than the United States. References to a particular product or service do not imply that Philmore intends to make its products or Services available in countries other than the United States.
15. Arbitration, Class-Action Waiver
If you have a concern, please first contact us directly, and we will try to resolve it. Please read the following paragraphs carefully because they provide that you and Philmore agree to resolve all disputes through binding individual arbitration. This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue a lawsuit, including but not limited to a class action lawsuit.
To the fullest extent permissible by law, with the exception of disputes pertaining to Philmore’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitral, any dispute of any kind between you and Philmore arising under these Terms shall be resolved through binding arbitration in Chicago, Illinois pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any federal court or any Illinois state court with substantial experience in the internet industry and shall follow Illinois substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, you and Philmore shall jointly and equally pay the costs and fees of JAMS and the arbitrator. The prevailing party shall be entitled to reimbursement for its costs and reasonable attorneys’ fees incurred by it in the arbitration if the claims or defenses asserted by the non-prevailing party are deemed by the arbitrator to be frivolous. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A LAWSUIT IN COURT, INCLUDING A CLASS ACTION LAWSUIT.
16. General
If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms may be automatically assigned by Philmore in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Philmore failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at [insert email address].