GENERAL TERMS AND CONDITIONS CONCERNING USE OF THE WEBSITE
2YK.com (the "Service" or the "Website") is an online shopping and information
website (service) provided by 2yk.com, Inc., subject to your agreement
with the terms and conditions set forth herein including, all exhibits hereto.
2YK.com is owned by 2yk.com, Inc. Trade marks that appear on this
website may be trademarks or servicemarks or owned by other third parties that are
not affiliated with 2YK.com. 2YK.com and its affiliates do not control or
endorse the content(s) of third party websites and related services.
Please read this Agreement carefully before accessing or using the Service. By accessing
or using the Service, you agree to be bound by the terms and conditions set forth
below. If you do not wish to be bound by these terms and conditions, discontinue
immediately the access and/or use of the Service. 2YK.com may modify this Agreement
at any time, and such modifications shall be effective immediately upon posting
of the modified Agreement. You agree to review the Agreement periodically to be
aware of such modifications and your continued access or use of the Service shall
be deemed your conclusive acceptance of the modified Agreement.
Access and Privacy
By accepting this Agreement, you expressly consent to certain disclosures of your
personally identifiable and other personal information to third parties, and to
use of your information by third parties, and us as described in our current Privacy
Policy, which is incorporated herein by reference. A complete statement of our privacy
policy can be found here.
You agree to abide by all the policies and terms & conditions posted on 2YK.com.
We expect that you will exercise caution and best judegement when utilizing the
services that come with your Membership at 2YK.com. Furthermore, by accessing
2YK.com you agree to comply with all applicable laws regarding your access to
Membership services.
Access Rights
You must be at least eighteen (18) years old to use or register for the services
provided on the website.
In consideration of use of our Services, you agree to:
- provide true, accurate, current and complete information about yourself as prompted
by registration forms, and
- to maintain and update this information to keep it true, accurate, current,
and complete. If any information provided by you is untrue, inaccurate, not current
or incomplete, 2YK.com retains the right to terminate your account and refuse
any and all current or future use of the Services
No Warranties; Limits on Liabilities
You assume total responsibility and risk for your use of the website and the internet.
2YK.com makes no warranty that it will meet your requirements or that it will
be timely, secure, accurate or error-free. The website and all services and products
are provided "as is" and on an "as available" basis. 2YK.com disclaims all warranties
and conditions, express, implied or statutory, including without limitation the
implied warranties of title, merchantability, fitness for a particular purpose and
non-infringement. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights which vary from state to state.
The products obtained through the use of or in connection with this website may
or may not carry warranties from the manufacturers of those products. If such manufacturer
warranties exist, they are the only warranties applicable to such products.
2YK.com does not warrant that the website contains comprehensive information
on any product or any categories of products whatsoever. In no event shall 2YK.com
be liable for any lost profits or special, incidental, consequential, economic,
exemplary, or punitive damages (whether forseeable or not) including without limitation
lost or anticipated revenues or profits arising from any cause whatsoever (including
intentional or negligent conduct), whether in contract or tort, or damages arising
from any errors, mistake, omission, interruption or delay in the course of establishing,
furnishing, changing or terminating any service provided through the website, or
for accuracy or completeness of any information provided in this website, even if
2YK.com has been advised of the possibility of such damages. In no circumstance
shall 2YK.com's liability to any customer exceed the value, calculated at 2YK.com's
then-applicable rates, of the unused minutes on a customer's prepaid calling card
("pin"). Some states do not allow some limitations of liability, so the foregoing
limitations may not apply to you.
The risk of loss of all pins purchased through this website shall pass to customer
immediately upon purchase and customer shall assume all risk of loss. 2YK.com
shall not be obligated to provide credits or refunds (in any form or amount) for
lost or stolen pins, misused pins, unauthorized or fraudulent use of pins, or for
pins that have unused or expired minutes.
The obligations of 2YK.com under this agreement are subject to, and 2YK.com
shall not be liable for, delays, failures to perform, damages, losses or destruction,
or malfunction of any equipment or any consequence thereof caused or occasioned
by, or due to fire, flood, water, the elements, labor disputes or shortages, utility
curtailments, power failures, explosions, civil disturbances, governmental actions,
shortages of equipment for supplies, unavailability of transportation, acts or omissions
of third parties, including without limitations, acts or omissions of third party
service providers, or any other cause beyond the reasonable control of 2YK.com.
Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant 2YK.com,
its affiliates, suppliers, distributors, and third party service providers a royalty-free,
perpetual, irrevocable, non-exclusive right (including any moral rights) and license
to use, reproduce, edit, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform, and display the content (in
whole or in part) worldwide and/or to incorporate it in other works in any form,
media, technology now known or later developed, for the full term of any rights
that may exist in such content. You also warrant that the holder of any rights,
including moral rights, in "public area" content has completely and effectively
waived all such rights and validly and irrevocably granted to you the right to grant
the license stated above. You also permit any visitor to access, display, view,
store, and reproduce "public area" content for personal use. Subject to the foregoing,
the owner of "public area" content retains any and all rights that may exist in
such content. By accessing 2YK.com, you agree that you shall have no recourse
against 2YK.com for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to 2YK.com.
You are solely responsible for your content, and we merely act as a passive conduit
for your online distribution and publication of your information. However, we may
unilaterally take any action with respect to your content if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services of our
ISPs or other suppliers.
2YK.com reserves the right to edit, copy, delete, in part or in full, any or
all content provided by its members . 2YK.com may make these changes at any
time for any reason without the prior consent or notification of the author.
You may only use 2YK.com for legal purposes. The content you distribute or request
to receive (directly or indirectly) through Membership access, any products and
services you may choose to offer (if permitted to do so), and any username you select:
- shall not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
- shall not violate any law or regulation (including without limitation those
governing export control, unfair competition, anti-discrimination or false advertising);
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
- shall not be obscene or contain child pornography; or
- shall not contain any computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information.
You may not distribute unsolicited commercial messages ("spam") through your use
of services provided by 2YK.com or take any other action, which imposes an unreasonable
or disproportionately large load on our infrastructure, including without limitation,
using excessive network bandwidth. In addition, you may not distribute spam that
directs or encourages users to visit our Website through the account of another
provider. At our option and without further notice, we may use anti-spam technologies
that may terminate your messages without delivering them or prevent messages from
reaching you. You agree not to impersonate any other person or entity, whether actual
or fictitious, including impersonating an employee or consultant of 2YK.com.
You further agree not to use an inappropriate member name of any kind.
The entire contents of 2YK.com are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are 2YK.com, its
affiliates or other third party licenser's. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute, in any manner, the material on
the website, including text, graphics, code and/or software.
You may print and download portions of material from the different areas of the
Website solely for your own noncommercial use. You hereby agree not to change or
delete any copyright or proprietary notices from the materials downloaded or printed
from 2YK.com.
The rates applicable to all telecommunications services or products provided by
2YK.com shall be the rates charged by the underlying carrier at the time the
PIN is purchased. All rates apply only to calls originated in the United States
of America. Telecommunications services may also be subject to fees and surcharges,
including without limitation per call fees or surcharges as set by the underlying
carrier. An additional Federal Communications Commission mandated surcharge will
be assessed for calls originated from a pay phone. These fees and/or surcharges
are assessed at the time the call is made and are in addition to the per minute
rate applicable to the call. By agreeing to purchase a PIN, you agree to pay the
rates, fees and surcharges in effect for that PIN at the time of purchase.
All prepaid phonecards (except for Pinless and Rechargeable phonecards) shall have
an expiration date linked to the date of purchase, at which point it shall expire
automatically. The expiration date is communicated to you along with your PIN Number
and Access Number immediately following purchase. Any unused minutes or value shall
be forfeited upon expiration.
There will be an additional charges for using toll-free access where local access
number are available. You will be responsible for using local access numbers that
are local to you and free of charge. Please confirm first from your local telecommunication
company to confirm that the number(s) that appear are both local and free of charge
for you to call. 2YK will not reimburse you for any phone charges incurred.
All telecommunications services used in connection with Pins are provided by the
underlying carriers of those telecommunications services.
At the time of Advertisement, minutes are based on a single call and calling may
reduce minutes and charge fee on rounding.
Rates and Service fee are revised time to time, without any notice.
On cancellation of any transaction 20% fee is charged if pins are not issued yet,
In case of issued pins no cancellation of transaction will be done.
Third Party Providers
You may order, purchase, or otherwise obtain services or merchandise through this
Website from entities not affiliated with 2YK.com ("Sellers"). All matters concerning
the merchandise and services obtained or desired from any Seller, including but
not limited to purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and the Seller. 2YK.com makes no warranties
or representations whatsoever with regard to any goods or services provided by Sellers.
You will not consider 2YK.com nor will 2YK.com be construed as a party to
such transactions, whether or not 2YK.com may have received some form of revenue
or other remuneration in connection with the transaction or be liable for any costs
or damages arising out of, either directly or indirectly, you or any other person
involved or related to the transaction.
2YK.com may contain links that provide access to services provided by affiliates
of 2YK.com. These links are provided solely as a convenience to you and not
as an endorsement by 2YK.com of the content of such other websites. When you
access any of these services, your rights and obligations will be governed by the
agreements and policies relating to the use of such services.
If we ask a third party to provide services through the Website or for your use,
the provisions of this Agreement shall apply to your use of their services. 2YK.com
is not responsible for the content on the Internet or WebPages that are contained
outside the Website. 2YK.com makes no representations as to the quality, suitability,
functionality or l egality of any other websites to which we may provide links,
and you hereby waive any claim you might have against 2YK.com with respect to
such sites.
Indemnification
You agree to indemnify, defend and hold harmless 2YK.com, its parent companies,
subsidiaries, affiliates, and any officers, directors, employees, consultants, and
agents of any of them from any and all third party claims, liabilities, damages
and/or costs (including, but not limited to, reasonable attorneys' fees) arising
from your use of services provided by 2YK.com, your violation of this Agreement
or your infringement, or infringement by any other user of your account, of any
intellectual property right or other right of any person or entity. The Agreement
will inure to the benefit of 2YK.com and its successors, assigns and licensees.
Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the State of New
Jersey, without regard to conflicts of laws principles; as such laws are applied
to agreements entered into and to be performed entirely within New Jersey between
New Jersey residents. Both you and 2YK.com submit to the exclusive personal
jurisdiction of the State of New Jersey and further agree that any cause of action
arising under this Agreement shall be brought in a court in New Jersey, NJ.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced and remain
in full force and effect.
Assignment
2YK.com may freely assign this Agreement and upon such assignment 2YK.com
will be relieved of any further obligation there under. You may not assign its rights
under this Agreement, in whole or in part, to any third party.
Entire Agreement
This Agreement (including all Addendum and the Privacy Policy) sets forth the entire
understanding and agreement between the parties with respect to the subject matter
herein, and supersedes all prior agreements and understandings.
Fees
We offer 100% money back guarantee. If for any instance, you are not pleased with our service, we will refund 100% of the remaining balance.
2YK.com reserves the right to charge fees, surcharges and/or membership fees
at any time upon without prior written notice to you.
Amendments
2YK.com reserves the right to unilaterally amend this Agreement at any time
by either:
- notifying you by e-mail, in which case the amendments will be effective upon
e-mailing you the notification at the e-mail address you have provided; or
- by posting the amended version on the Website and announcing on our Home Page
that the amended agreement is available.
In this case, such amendments will be effective when announced.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY 2YK.com.
Warning
A warning to those who intend to defraud this website
Credit Card fraud is a felony and we will aggressively prosecute anyone attempting
to misuse a credit card number.
Tracking mechanisms have been established and will use all means available to prosecute
persons attempting fraud to the fullest extent of the law.
Purchasing merchandise from 2YK.com is tracked and 2YK.com co-operates with
federal and local agencies incase of fraud, submitting all information such as but
not limited to:
- logged IP addresses,
- complete call records including originating & terminating phone numbers, and
- email addresses
- any other information that may help with the investigation Credit Card fraud is a Federal Offense in United States.
- Do not register Google and Skype phone, 2YK service may be use from other users. 2YK will not be responsible for any miss use of minutes.