Terms of Service ("Terms")
Last updated: July 04, 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the FarsiTune iOS and Android, iFarsi, and aFarsi apps (the “Apps”) provided by FarsiTown, LLC ("us", "we", or "our").
Your access to and use of the Apps is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Apps.
By accessing or using the Apps you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Apps.
Purchases
If you wish to purchase any product or service made available through the Apps ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, errors and inaccuracies
We are constantly updating our offerings of products and services on the Apps. The products or services available on our Apps may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Apps and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Apps infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Apps, you must submit your notice in writing to the attention of "Copyright Infringement" of legal@farsitown.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Apps where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at legal@farsitown.com.
Intellectual Property
The Apps and their original content, features and functionality are and will remain the exclusive property of Farsi Town, LLC and its licensors. The Apps are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Farsi Town, LLC. FarsiTown and FarsiTune and their respective logos are trademarks of Farsi Town, LLC. NavaKav is a trademark of Voipica Communications, LLC.
Log Data
We collect information from your device whenever you use our Apps ("Log Data"). This Log Data may include information such as your Internet Protocol ("IP") address, device type, operating system (OS) version, geolocation, services and features you use, songs you play and download, advertisements you click and other statistics.
Links To Other Web Sites
Our Apps may contain links to third-party web sites or services that are not owned or controlled by Farsi Town, LLC.
Farsi Town, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Farsi Town, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Apps immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Apps will immediately cease. If you wish to terminate your account, you may simply discontinue using the Apps.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Farsi Town, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Apps, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Farsi Town, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Apps; (ii) any conduct or content of any third party on the Apps; (iii) any content obtained from the Apps; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Apps is at your sole risk. The Apps are provided on an "AS IS" and "AS AVAILABLE" basis. The Apps are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Farsi Town, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Apps will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Apps are free of viruses or other harmful components; or d) the results of using the Apps will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Apps, and supersede and replace any prior agreements we might have between us regarding the Apps.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Apps after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Apps.
Contact Us
If you have any questions about these Terms, please contact us at legal@farsitown.com.
FarsiTown
