TERMS & CONDITIONS

MediaRing Ltd
MediaRing, 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.

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.

MEDIARING PC PHONE ACCOUNT

Funds in your MediaRing PC Phone account may not be immediately available for use owing to the need to verify funds availability. Funds in your account will expire six months after purchase. Rates charged for calls are subject to change without notice.

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:

use any service in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages;

harvest or otherwise collect information about others, including email addresses, without their consent;

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 U.S. law or regulation regarding the transmission or export of technical data or software from 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.

EMERGENCY (911) CALLS

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY / 911 CALLS ARE NOT INTENDED TO BE CARRIED BY THE SOFTWARE OR SERVICES AND THAT NEITHER MEDIARING, ITS EMPLOYEES, AGENTS, AFFILIATES, NOR ITS NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE FOR SUCH CALLS OR FOR YOUR FAILURE TO COMPLETE SUCH CALLS USING THE SOFTWARE OR SERVICES.

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.

EXPORT

You agree to comply with U.S. export laws and regulations as they may be amended from time to time concerning the transmission of technical data and other regulated materials via the Internet or otherwise. By downloading any software, you certify that you are not a national of any country to which the US embargoes services or technology and that you are not a person on any list prohibited by US law or regulation from receipt of such software of technology.

US GOVERNMENT -- RESTRICTED RIGHTS

Software and accompanying documentation are "commercial computer Software" and "commercial computer Software documentation", respectively, under DFAR Section 227.7202 and FAR Section 12.212 (CFR Title 48). Any use, reproduction, modification or disclosure of the Software and/or Software documentation by the US government will be governed solely by these Terms and Conditions and is prohibited unless expressly permitted by these Terms and Conditions.

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.