Click here to visit Apple's Official Website.
WOW > iPhone 5
Terms of Service
Ownership and Use of Content
Other than content posed by Website users, JCW or our respective third party manufacturers, product owners, vendors and authors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all text, photographs, images, illustrations, graphics and other works of authorship displayed on the Website (“Content”). All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or licenser to the Content.
JCW grants you limited permission to view and print the Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other Website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Use of Content and User Submissions
Except for User Submissions that you own exclusively, you agree not to reproduce, duplicate, copy, sell or exploit for any Content, User Submission (other than your own), any portion of the Website, use of the Website or access to the Website.
Access and Use of the Website
To gain access to certain non-public areas of the Website and to use certain Website’s features and services, a Website user may be required to register an account (“Account”) and obtain a user name (“User Name”). The Website may allow Users to set up a profile (“Profile”). You agree to register only a single Account, User Name and Profile in connection with the Website. You agree not to allow others to access the Website using your Account. You are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and right to access the non-public areas of the Website. You are required to provide your real name when registering an Account for the Website.
User Submissions, User Names and Profiles may not contain inappropriate or obscene words, phrases or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. JCW is the sole judge of whether Content, User Names or Profile information is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to, obscene, defamatory, racial or profane words, phrases or combinations of characters.
You must select and use a password in conjunction with your User Name to access the non-public areas of the Website, including your Account. JCW will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify JCW of any unauthorized use of your password or any breach of security.
may not do anything to interfere or attempt to interfere with any function of
the Website. You may not take any action that overloads, places an unreasonable
burden on or otherwise diminishes the functionality or responsiveness of the
Website, which JCW shall solely determine.
Other than as expressly in this Agreement, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any information, Content or other Users’ Submissions obtained from the Website, other than your own User Submissions.
Graphics, logos, designs, page headers, button icons, scripts, and service names are registered and unregistered trademarks, trademarks or trade dress of JCW or their respective owners. JCW’s trademarks and trade dress may not be used, including as part of trademarks, in meta tags or key word advertising, as part of domain names or email addresses or in connection with any product or service in any manner without JCW’s advance written permission. To receive permission, please send an email to admin@UsediPhones.net or call 916-337-6844.
JCW does not control and takes no responsibility for User Submissions.
You agree to indemnify and hold the JCW and its subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party related to or arising out of your User Submissions, your use of the Website, your violation of the Agreement, or your violation of any rights of another.
The Website, Content and User Submissions on the Website contain hyperlinks to other resources and businesses on the Internet. Those links are provided as citations, resources and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that JCW sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.
Disclaimer of Warranties
JCW makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website, the Content, User Submissions or any product or service provided or purchased through the Websites. The JCW expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the Content, User Submissions and any product or service purchased or provided through the Website. JCW does not warrant that the functions performed by the Website or the service will be uninterrupted, timely, secure or error-free, or that defects in the Website or the service will be corrected. The JCW does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Website, Content and all services are provided on an “as is” and “as available” basis.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JCW BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JCW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, CONTENT, OR USER SUBMISSIONS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. JCW'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JCW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU PAY TO JCW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (ii) ONE THOUSAND DOLLARS ($1000.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
JCW controls and operates the Websites from Liberty, Missouri. Any claim relating to the Website shall be governed by the substantive laws of the State of Missouri, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Clay County, Missouri or the United States District Court for the Western District of Missouri located in Kansas City, Jackson County, Missouri. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Missouri, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
How JCW Collects and Uses Information
JCW also collects, stores and analyzes log files, including IP addresses and Website usage data, from its servers. For example, JCW collects information on what products Users view, rate and review. JCW collects information to assist JCW in the maintenance, administration and improvement of the Website. JCW may share information with technology partners or may use information for research purposes, but will refer only to aggregate data, not specific User identifying information. JCW occasionally may share information with its affiliates and related technology affiliates. In addition, JCW may combine your information with information that JCW collects from other companies to enhance and personalize the Website, Content, and advertising.
JCW does not knowingly collect or use personal information from children under 13. We are not responsible for the data collection and use practices of third party websites to which to which this Website may link. For more information about the Children's Online Privacy Protection Act (COPPA), visit www.ftc.gov
Security of Your Personal Information
JCW implements physical, electronic and managerial procedures to safeguard and secure the Personal Information it collects. Your JCW Account is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration, JCW encrypts that information using secure socket layer technology (SSL). JCW follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once JCW receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while JCW strives to use commercially acceptable means to protect your Personal Information, JCW cannot guarantee its absolute security. Under no circumstances will JCW be responsible or liable for any loss or damages, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your Personal Information. If you have any questions about security on the Website, you can email JCW at admin@UsediPhones.net
Disclosing Personal Information
JCW employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and Services to you. Examples include, but are not limited to, fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.
As part of using the Website, you may obtain another JCW User's email address, postal address and/or other information. You have only a limited license to use this information. This information should only be used for JCW-related communications. JCW has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are prohibited from adding any Website User to your email or physical mail list.
Without limiting the above, in an effort to respect your privacy and JCW's ability to keep the community free from bad actors, JCW will not otherwise disclose your Personal Information to law enforcement, other government officials or other third parties without a subpoena, court order, legal process or substantially similar legal procedure, except when JCW believes in good faith that the disclosure of information is necessary to protect JCW's rights, prevent imminent physical harm or financial loss or to report suspected illegal activity.
JCW has adopted the following general policy for copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). JCW will respond to notices of this form from jurisdictions outside the U.S. The address of JCW’s Designated Agent to Receive Notifications of Claimed Infringement ("Designated Agent") is listed below.
JCW may respond to a proper notice by (i) removing or disabling access to any Content or User Submission claimed to be subject of infringing activity; and (ii) removing and discontinuing Service to repeat offenders. If JCW removes or disables access in response to such a notice, JCW will make a good-faith attempt to contact the allegedly infringing User so that such User may submit a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that any Content or User Submission on the Website is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). If you are not sure whether the Content or User Submission infringes upon your intellectual property, please contact an attorney before contacting JCW.
If you believe that any Content or User Submission residing on or accessible through the Website infringes a copyright or other intellectual property right, to provide JCW of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification. Your notice must specify the type of infringement and include the following information”):
When removing allegedly infringing Content or User Submissions from the Website, JCW will make reasonable attempts to inform the Website User of the removal, the reason for the removal, and may provide the Website with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once a proper Infringement Notification is received by the Designated Agent, JCW may remove or disable access to the Content or User Submission infringing the identified intellectual property. If JCW removes or disables access to any Content or User Submission in response to an infringement notice, JCW will make reasonable attempts to notify the Website User that JCW has removed or disabled access to the Content or User Submission. Repeat offenders will have all Submissions removed from the Website and JCW will terminate such Users’ access to the Website.
C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that your User Submission is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not your User Submission infringes the identified intellectual property, please contact an attorney before contacting JCW.
If a Website User believes that his or her User Submissions that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post the User Submission at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.
If a counter-notice is received by the Designated Agent, JCW may send a copy of the counter-notice to the original complaining party informing that person that JCW may replace the removed Submission or cease disabling it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the allegedly infringing Website User, the removed Submission may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at JCW’s discretion.
Please contact JCW’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:
Copyright © 2008-2013 UsediPhones.net ~ JCW, Inc. All Rights Reserved
This site is not affiliated with Apple or AT&T. We always recommend for you to contact Apple, AT&T, or your service provider for questions about purchasing Used iPhones. Of course, service, content, and/or applications are network and device dependent, and may not be available in all areas or under all circumstances. Service may be subject to Service provider's terms and/or service contract. Taxes, fees and activation charge extra. Other restrictions may apply. All product names, service names used, quoted and/or referenced herein are trademarks or registered trademarks of their respective owners. Some screen images simulated. The product photos on UsediPhones.net are for representation purposes. Actual items for sale may appear differently, be new or used, in various conditions, and may be available in multiple colors/styles. To review the appearance of the actual items for sale, please refer to the individual sales/auction listings.
~ Website Maintenance - Custom Website Design - SEO
This page was last updated: January 16, 2013 10:45 AM