| |
| |
To view MediaRing Talk Services Terms of Use, click here.
|
MediaRing Ltd ("MediaRing") welcomes you to the MediaRing Talk website. The following terms and conditions govern the MediaRing Talk website and the software and services made available on the website. By visiting our website and/or using any software or services available from the website, you agree to be bound by these Terms & Conditions. When you use a specific MediaRing Talk 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 from this website, you will have to sign-up and obtain a MediaRing Talk ID and password. You will be asked to provide certain personally identifiable information, including your name and email address. MediaRing uses the information you provide when you sign-up 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. 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 the MediaRing Talk 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 website 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, under the software license associated with the software 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 except as otherwise expressly provided in the software license. |
| |
VISITOR CONDUCT |
In visiting this website and using the services provided hereunder, 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: |
|
| ● |
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 attempt to block access to this website of any website visitor that MediaRing, in its sole discretion, believes is violating any of the foregoing, and will terminate such visitor's license to access this website. |
| |
| 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 THE WEBSITE AND YOUR USE OF OR CONDUCT ON THE SERVICES PROVIDED BY MEDIARING. |
| |
| YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES |
The MediaRing Talk website and the main screen, instant messaging window and SMS message window of the MediaRing Talk client application used for 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 and/or client application, 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. You agree that MediaRing shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website or the client application. |
| |
| DISCLAIMER OF WARRANTIES |
MEDIARING DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES ON THE WEBSITE OR ON THE CLIENT APPLICATION OR ON A USER'S MOBILE PHONE DEVICE. 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 WEBSITE AND THE SOFTWARE AND SERVICES MEDIARING PROVIDES THROUGH THIS WEBSITE AND/OR THE CLIENT APPLICATION OR MOBILE DEVICE, 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 WEBSITE AND/OR THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVICES OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIARING DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SOFTWARE OR SERVICES OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, SECURE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION. |
| |
| 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 THE WEBSITE OR ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE WEBSITE OR 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 OR THROUGH ADVERTISEMENTS PLACED ON THE CLIENT APPLICATION. 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 WEBSITE, 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION. |
| |
| 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 this website or 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 this Website and/or any or all of the services or the right to use software with or without cause at any time and effective immediately. |
| |
| July 2009 |
|
|
 |
|
|
|
|
| |
|
|
| |
|
|
|