WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
Responsible Use and Conduct
By visiting the CMN Website or using the CMN Software, and by accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by:
Wherein, you understand that:
- The terms of this User Agreement, and
- Applicable laws, regulations and generally accepted online practices or guidelines.
- In order to access our Resources, you may be required to provide certain information about yourself (such as phone number, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our Resources in any way other than via the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you—as explained above—and may be held criminally or civil responsible for the same.
CMN Software and CMN Website allow you and other users to post, link, store, share, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users on the Website and the Software. Therefore, it is your personal responsibility to submit any type of content to our website or the Software in a responsible and ethical manner. By posting information or otherwise using the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any CMN, Inc. employees or representatives.
We have the right at our sole discretion to remove any content that we feel, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party party copyrights or trademarks. We are also not responsible for any delay in removing or failure to remove such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by you or any other 3rd party users of our website or the Software. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any content on the Website or the Software.
We have the right to monitor your access to the Website or the Software, or to review, pre-screen, edit any content you posted, to ensure your compliance with this Terms of Service, or to comply with applicable law or the order or requirement of a court, or other governmental body.
Content Copyright Policy:
- By posting any content by you on our website or CMN Software, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, you grant us the perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute the content as we see fit.
- We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Software and will remove any such content if properly notified that such content infringes on another's intellectual property rights.
- The Software does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and CMN is not liable in any manner for such calls.
- Some carriers may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your carrier's network restrictions. CMN will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over their networks.
- The Software does not guarantee the self-destructing messages you send will be self-destructed. Furthermore, someone could find a way to video capture CMN, take a screen shot, or take a photo of the phone. CMN cannot promise that your messages will not be copied by some alternative means and redistributed.
- Although we use the highest standard encryption which is mathematically impractical to crack, CMN does not guarantee the encryption algorithms used by the Software are unbreakable in any way as technology advances and the scientific understanding of computing methods and mathematics becomes ever more complex. CMN will not be held liable for any loss, damages in connection with your information protected by the Software is decrypted, stolen, deleted, copied, hacked or intercepted.
- You agree to indemnify and hold harmless CMN, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account as incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In the event of these circumstances, you agree to provide us with all reasonably requested cooperation.
CMN Phone Numbers
- Ownership: Phone numbers assigned to you are owned by CMN or its supplies and, as an expression condition to your use of CMN phone numbers, you hereby agree not to claim, and expressively waive, any rights, titles or interests to CMN phone numbers. You acknowledge and agree that you do not have any rights to transfer the phone numbers or to use the phone numbers separate and apart from the CMN service.
- Limitations on Use: You acknowledge and agree that:
- The CMN services are not a replacement for any phone lines, whether wired, wireless or Internet based.
- You use CMN phone numbers with your true identity, and in compliance with applicable laws.
- You will not send, cause to be sent or facilitate, spam using the CMN service.
- Calls and texts through CMN phone numbers are terminated or originated by thirdy parties. Calls and texts travel through thirdy parties networks in clear text without encryption. The thirdy parties have rights to monitor your calls and texts. You acknowledge and assume all risk arising from your use of CMN phone numbers.
- If the calling plan you purchased from CMN expired, you immediately loose the rights to use the CMN phone number attached to the calling plan.
- If your CMN phone numbers remain inactive for thirty (30) days or more, we have the right to reclaim the CMN phone numbers that were assigned to you, without refunding any fee you paid in connection to the phone numbers.
- Under extreme circumstances, shall the phone number providers terminates the service with or without a cause, we will replace the numbers to minimize service disruption.
- Payment will be charged to iTunes Account or Google Play Store at confirmation of purchase, CMN will not force users to pay by any means. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Unless auto-renew is turned off at least 24-hours before the end of the current period, or the subscription will take place. Users can turn off the auto-renew in user's Account Settings of Apple Store or Google Play Store after purchase. No cancellation of the current subscription is allowed during active subscription period. To the extent that payment mechanisms are provided through third parties, you agree that CMN is not responsible for the charges of the renewal and all payments are non-refundable.
- CMN offers a 7-day free trial purchase option. The free-trial subscription begins immediately but it won’t be billed until the free trial period is over. Your account will be charged within 24 hours prior to the end of the free trial period.
You can cancel the free-trial subscription before the end of the free trial period by going to your Account Settings at iTunes Store or Google Play Store.
- CMN offers the following subscriptions:
- Mini Private Call & Text Plan: USD$7.99/month
- Medium Private Call & Text Plan: USD$28.99/6 months
- Large Private Texts Plan: USD$29.99/6 months
- Large Private Call & Text Plan: USD$99.99/year
- Private Secure Basic Vault: USD$0.99/year
- Private Secure Premium Vault: USD$9.99/year
- Private Secure Super Vault: USD$19.99/year
- Small Package: USD$3.99/month
- Medium Package: USD$29.99/6 months
- Large Package: USD$99.99/12 months
- Small Calling Package: USD$9.99/month
- Medium Calling Package: USD$37.99/6 months
- Large Text and Call Package: USD$39.99/6 months
- Large Calling Package: USD$99.99/12 months
- MC Month Plan: USD$9.99/month
- MC Quarter Plan: USD$20.99/quarter
- AU Month Plan: USD$19.99/month
- AU Quarter Plan: USD$35.99/quarter
- Cloud Premium Year Package: $29.99/year
- Cloud Premium Month Package: $3.99/month
- Cloud Premium Week Package: $1.99/week
END USER LICENSE AGREEMENT
- License Grant: CMN agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sub licensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by CMN are hereby reserved. You agree not to take any action to interfere with CMN's ownership of or rights in the Software.
- You agree that, unless otherwise permitted in this license or by law, you will not:
- Reproduce, republish, redistribute, or transmit the Software;
- To the extent permitted under applicable law, redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software;
- Modify or create any derivative works based on the Software, including customization, translation, or localization;
- Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software;
- Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software;
- Create or use any software not authorized by CMN to access the Software;
- Attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software;
- Use the Software in any way that violates this Agreement, or any other agreements between you and CMN or its affiliates, or any law; and
- Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
- Third-Party Software: The Software may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the Software falls under the scope of this Agreement.
Limitation of Warranties
By using the Website or the Software, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:
- The use of our Resources will meet your needs or requirements
- The use of our Resources will be uninterrupted, timely, secure or free from errors
- The information obtained by using our Resources will be accurate or reliable
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from CMN, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. CMN, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on cmnews.us—including but not limited to text, graphics, website name, code, images and logos—are the intellectual property of CMN, Inc., and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CMN, Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website, the Software and the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
The Website and the Software are controlled by CMN, Inc. from its U.S office, which is located in the state of California, U.S.A. The Website and Software can be accessed by the inhabitants of most countries around the world. As each country has laws that may differ from those of California, by accessing our website and the Software, you agree that the statutes and laws of California—without regard to the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods—will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the Federal or State courts located in California, U.S.A. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, CMN, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.