Terms and Conditions of Service


Date of last revision: 21 December 2016

By accessing this website or using Reverse Phone Lookup service available on the website (hereinafter – the Service), you are agreeing to be bound by these AUCaller.com (Website) Terms and Conditions of Service, the Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. Your use of the Website constitutes your binding acceptance of these Terms and Conditions of Service, including any modifications that we make. If you do not agree with any of these Terms and Conditions of Service, you are prohibited from using or accessing this Website.

AUCaller.com may revise these Terms and Conditions of Service at any time without further notice by posting revised Terms and Conditions of Service. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions of Service. If you do not agree to abide any future Terms and Conditions of Service, do not use or access the Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions of Service and to review such changes. We will post the changes to these Terms and Conditions of Service on this page and will indicate on this page the date these terms were last revised. Any revised version will be deemed applicable when published on this Website.

AUCaller.com provides a possibility to leave a comment about suspicious phone calls like scams, annoying surveys, telemarketing calls, promotional calls, lottery calls, or other unwanted calls. However, the fact that a phone number is published in the Website does not automatically mean that it belongs to any of the previously mentioned categories – phone numbers which are used in a proper way can also be found in the Website.

The materials contained in this Website are protected by applicable copyright, other intellectual property rights and contractual obligations established in these Terms and Conditions of Service.

The Service includes a combination of content that we create and that other third party content suppliers create. As further explained in these Terms and Conditions of Service, you understand that the Service are provided "AS IS", and that AUCaller.com does not guarantee the accuracy, integrity or quality of any content available on the Website. AUCaller.com disclaims all responsibility and liability for the accuracy, availability, timeliness, security or reliability of the Service. We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You agree that your use of the Website and the Service is entirely at your own risk.

The Service is directed to adults and is not directed to children under the age of 18. You must be 18 years of age or older to use the Service, unless applicable laws allow children under the age of 18 to use the Service.

Use License

AUCaller.com grants you a limited, revocable, non-transfable and non-exclusive license to access and use the Website. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify, copy, republish, download, sell or transmit, reverse engineer, or create derivative works based on the content available on the Website or design of the Website;
- use the content available on the Website for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- transfer the content available on the Website to another person or "mirror" the materials on any other server;
- access the Website using automated means which may degrade the Service for others.

In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website. You further agree that you will not interfere with another member's use and enjoyment of the Service; you will not interfere with or disrupt the security measures of the Service; you will not interfere with or disrupt networks connected to the Service.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by AUCaller.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Conduct on Website and Contribution of Content

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content (including text, communications, data or other information) that:

- is known by you to be false, inaccurate or misleading;

- is for purposes of spamming;

- is unlawful, obscene, vulgar, shocking, excessive profanity, threatens or advocates for harm on oneself or others, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), pornographic, adult or mature, or otherwise violates our rules or policies, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state or federal law, bullies, victimizes, harasses, degrades, or intimidates an individual or group of individuals;

- is malware, adware, hacking, cracking content, Illicit drugs and drug paraphernalia content, or any other content that is illegal, promotes illegal activity or infringes on the legal rights of others;

- contains links to software viruses or any other computer code, files, or programs itself that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

- impersonates any person or entity, including any of our employees or representatives;

- is regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails;

- claims the identity, characteristics or qualifications of another person;

- for which you were compensated or granted any consideration by any third party;

- incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalization;

- infringes or violates on any patent, trademark, trade secret, copyright, right of publicity, other proprietary right of any party, or other intellectual property rights;

- promotes, sells, or advertises tobacco or tobacco-related products, alcoholic beverages, prescription drugs, weapons or ammunition (e.g., firearms, firearm components, fighting knives, stun guns), distribution of coursework or student essays, products obtained from endangered or threatened species;

- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with our Terms and Conditions of Service, Adsense program policies, and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate.

In addition, you may not use the Service to breach security or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability. Not all areas of the Website may be available to you or other authorized users of the Website.

Much of the content of this Website is provided by and is the responsibility of the person or people who made those postings. We do not ensure the accuracy or legitimacy of any comments, remarks or other information posted or generated by users of this Website and, therefore, take no responsibility for such content provided by users or other third parties. However, we reserve the right to delete any content at any time without notifying the person from which such content originated. You hereby consent to such removal and waive any claim against us arising out of such removal of content. We are not responsible for any failure or delay in removing content.

Any failure by us to enforce or exercise any provision of these Terms and Conditions of Service or related rights shall not constitute a waiver of that right or provision.

Use of Materials and Proprietary Rights

Content displayed on or through the Service is protected by copyright as a collective work and/or compilation. Furthermore, any use of information or other type of content published in the Website is subject to restrictions established in these Terms and Conditions of Service even if such content is not protected by copyright or other intellectual property rights. Any reproduction or redistribution of the information and other type of content available on the Website or the collective work is prohibited without the express written consent of AUCaller.com.

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

By posting your content using the Website, you are automatically granting and you represent and warrant that you have the right to grant, to AUCaller.com an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed and other rights to the maximum extent possible under applicable laws. You further warrant that, if possible under applicable laws, all so-called moral rights in the content have been waived.

By posting content to the Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms and Conditions of Service. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose.

Warranties

The materials and all information on the Website are provided "AS IS". AUCaller.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

The materials appearing on the Website could include technical, typographical, or photographic errors. AUCaller.com does not warrant that any of the materials on its Website are accurate, complete, current or in compliance with applicable law requirements. AUCaller.com may make changes to the materials contained on its Website at any time without notice. AUCaller.com does not, however, make any commitment to update the materials.

AUCaller.com does not warrant that the servers this Website is hosting on will be will be constantly available, or available at all. AUCaller.com does not warrant that the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website should be taken to construe or constitute advice of any kind or a formal recommendation and we exclude all representations and warranties relating to this Website's content and use. If you require advice relating to any matter, you should consult with an appropriate professional.

Links to other Websites and Advertisement

This Website includes links to third party sites. You acknowledge and agree that AUCaller.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. AUCaller.com takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the products or services provided by its advertisers.

AUCaller.com has not reviewed all of the sites linking to or linked to from the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AUCaller.com of the site. Use of any such linked website is at the user's own risk.

Liability

In no event, will AUCaller.com be liable for any damages of any kind, including, without limitation, those relating to business losses, business interruption, loss of profit, loss of contracts, loss of goodwill, loss or corruption of data, or anticipated losses arising out of connection with the use of the Service or inability to use the materials on AUCaller.com or any linked websites, even if AUCaller.com or a AUCaller.com authorized representative has been notified of the possibility of such damage or AUCaller.com reasonably could have foreseen the possibility of it. AUCaller.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability of information or content displayed on the Website.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

User Privacy

For a description of how AUCaller.com maintains the personal information you provide, please see Privacy Policy.

Other parties

You accept that AUCaller.com has an interest in limiting the personal liability of its employees and officers. You agree that you will not bring any claim, in respect to any losses you suffer in connection with this website, personally against the employees and officers of AUCaller.com.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect AUCaller.com's employees, officers, agents, subsidiaries, and sub-contractors as well as AUCaller.com.

Indemnification

You agree to hold harmless and indemnify AUCaller.com, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Unenforceable provisions

If any part of these Terms and Conditions of Service or Privacy Policy are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination of Use

AUCaller.com reserves the right to immediately terminate or suspend your use of, or access to all or part of the Service if AUCaller.com decides at its sole discretion that you have breached Terms and Conditions of Service or Privacy Policy or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable. Furthermore, your unlawful activities may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Service available on this Website immediately ceases, and you acknowledge and agree that we may immediately delete all related information and files and/or ban any further access to such information or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

These Terms and Conditions of Service are governed by, and will be construed under the laws of the Republic of Lithuania. In any action to enforce these Terms and Conditions of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. All disputes arising out of or related to your use of the Website and/or the Service shall be subject to the exclusive jurisdiction of courts located within the Republic Lithuania and you agree to submit to the personal jurisdiction and venue of such courts.

Removing your Personal Information from AUCaller.com

If you want to remove your information from the AUCaller.com phone directory, please contact us via Contact Us page. Your information will be removed from our system as soon as is reasonably possible and no longer than in 15 working days.