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MediaRing Ltd
MediaRing.com, Inc.
The following terms and conditions govern MediaRing's website
and the software and services made available on the website. By
visiting our website and/or using any of our software or services,
you agree to be bound by these Terms & Conditions. When you
use a specific MediaRing service or item of software available from
this website, you will also be subject to all posted agreements
applicable to such individual services or items of software. MediaRing
reserves the right to change these Terms & Conditions or its
other posted agreements at any time and to notify you by posting
an updated version on this website.
MediaRing does not target services to individuals less than age
13. Individuals less than 13 years of age are not eligible to register
or to initiate our services. Please register after you have reached
age 13.
ESTABLISHING AN ACCOUNT; MEMBER PRIVACY
To use software and certain services offered by MediaRing, you
will be asked to provide certain information. For example, to make
a PC-to-Phone call using our MediaRing PC Phone service, your name,
email address and password are required. MediaRing uses the information
you provide when you register in accordance with our Privacy
Policy, which you may access on the Privacy Policy
page. When you establish an account with MediaRing, you should safeguard
your account password and user ID. You are solely responsible for
all acts or omissions that occur under your accounts, including
the content of transmissions, whether or not authorized by you.
You agree to notify MediaRing immediately of any unauthorized use
or any other breach of security.
PROPRIETARY RIGHTS TO CONTENT
Content (including but not limited to text, software, music, sound,
photographs, video, graphics or other material) contained on MediaRing's
website, in sponsor advertisements or in email-distributed by MediaRing
is protected by copyright, trademark, service mark, patent or other
proprietary rights, laws and treaties. Except as otherwise provided
by law or expressly permitted herein, you may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute in any
way content available through the website or the services. You understand
that neither MediaRing nor its network services supplier is responsible
for the content of the transmissions sent by third parties that
may pass through the Internet and/or the services. All trademarks,
service marks and trade names used on or in connection with the
site and the services are proprietary to MediaRing and/or to their
respective owners. MediaRing© is a trademark registered in
the United States, Canada, European Union (EU), Denmark, Finland,
Norway, Sweden, China, Hong Kong SAR, Japan, South Korea, Taiwan
and Singapore.
SOFTWARE; SOFTWARE LICENSE
The software made available through this site is the copyrighted
material of MediaRing and its third party suppliers. If MediaRing
provides any software to you in connection with the services, MediaRing
grants you a personal, non-exclusive, non-transferable license for
the duration of your use of the services to install and use such
software in object code form only on one piece of hardware for the
sole purpose of enabling the services. You may not copy, distribute,
reverse engineer, decompile, disassemble or otherwise reduce to
human readable form any software provided by MediaRing in connection
with the services.
MEMBER CONDUCT
Any unauthorized commercial use or resale of the software or services
is expressly prohibited. You agree to abide by all applicable local,
state, national and international laws and regulations.
By way of example, and not as a limitation, you agree NOT to:
create a false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of the message;
transmit through the services unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature; transmit any material that may infringe
the intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity;
transmit any material that contains viruses, Trojan horses, worms,
time bombs, cancel bots, or any other harmful or deleterious programs;
violate any Singapore/U.S. law or regulation regarding the transmission
or export of technical data or software from Singapore/the United
States through the services;
interfere with or disrupt networks connected to the service or
violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the services, accounts of
others, computer systems or networks connected to the services,
through credit card fraud, password mining or any other means; or
interfere with another member's or entity's use and enjoyment of
the services.
MediaRing will immediately terminate any user that MediaRing, in
its sole discretion, believes is violating any of the foregoing.
INDEMNIFICATION
You agree to indemnify and hold MediaRing, its affiliates, officers,
directors, employees, and network services suppliers harmless from
any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of
or conduct on the services provided by MediaRing.
YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The MediaRing website and the services MediaRing provides may include
information and links to content from third parties. Inclusion of
such information and links does not signify MediaRing's endorsement
of the information or third party. Any dealings with third party
advertisers found on the website, including purchase and payment
for goods and services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and the advertiser. MediaRing shall not be responsible or liable
for any such dealings or as a result of the presence of such advertisers
on the website.
DISCLAIMER OF WARRANTIES
MEDIARING DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. MEDIARING IS NOT
RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS
AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT
OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS
ARE CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE AND SERVICES MEDIARING PROVIDES THROUGH THIS WEBSITE,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW MEDIARING EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MEDIARING DOES NOT REPRESENT
OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE
OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIARING DOES NOT WARRANT
OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE
OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES
WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT
CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE
OR WITHOUT PACKET LOSS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MEDIARING BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE
OR SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT MEDIARING
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE
MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF MEDIARING'S
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
ACCESSING THE WEBSITE AND/OR USING ANY OF MEDIARING'S SOFTWARE AND/OR
SERVICES.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the laws of the Republic of Singapore.
You and MediaRing agree to submit to the exclusive jurisdiction
of the courts of Singapore. If any provision of these Terms and
Conditions is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties, with the other
provisions remaining in full force and effect.
MediaRing's failure to exercise or enforce any right or provision
of these Terms & Conditions shall not constitute a waiver of
such right or provision unless acknowledged and agreed to by MediaRing
in writing.
You and MediaRing agree that any cause of action arising out of
or related to the software or a service must commence within one
(1) year after the cause of action arose; otherwise, such cause
of action is permanently barred.
The section titles in these terms and conditions are solely for
the convenience of the parties and have no legal or contractual
significance.
TERMINATION
MediaRing may terminate any or all of the services or the right
to use software with or without cause at any time and effective
immediately. In addition, MediaRing, in its sole discretion, may
terminate any other account for violation of the letter or spirit
of these Terms & Conditions.
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