RINGORANG TERMS OF SERVICE AGREEMENT
THIS IS A LEGAL DOCUMENT. BY CLICKING “I AGREE” YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS STATED IN THIS DOCUMENT.
ASSENT TO TERMS
Vergence Entertainment, LLC and Ringorang, along with their successors, assigns, subsidiaries, sponsors, affiliates, officers, employees, agents, partners and licensors/licensees (collectively “Ringorang” or “we” or “us” or “our”), provide this Service (as defined below) to you subject to the terms and conditions of service set forth herein (these or the “TERMS”), all of which you hereby acknowledge, agree to and consent to by clicking the “I Agree” button below. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SERVICE. These TERMS may be amended by Ringorang from time to time without notice to you. You will periodically review the controlling version of these TERMS at www.games.ringorang.com, and by continuing to use the Service subsequent to Ringorang making available an amended version of these TERMS, you thereby acknowledge, agree and consent to such amendment. You represent that: (1) you are of legal age to form this binding contract; (2) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction; and (3) your entry into this agreement does not violate the terms of any applicable contract, law, statute or treaty.
When using the Service, you shall be subject to any and all posted rules (“Rules”), which may be posted from time to time by Ringorang. Such Rules are hereby incorporated by reference into these TERMS. Ringorang may also offer other services that are governed by different terms of service.
Any rights of any type or kind not expressly granted herein are hereby expressly reserved.
TRADEMARKS
Ringorang, Vergence Entertainment, LLC, F-H-S- Legacy Corp. and their associated logos are trademarks and service marks of F-H-S Legacy Corp. or Vergence Entertainment, LLC. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners.
USE OF SOFTWARE
Any software (and any accompanying documentation) available for download from our Service is the copyrighted work of Ringorang and/or third parties. Use of any such software (including any modifications, revisions or updates thereto) is governed by the TERMS, and the end-user license agreement which accompanies such software, modification, revision and/or update thereto (if any). The software is made available for download solely for use by end-users registered with Ringorang according to the TERMS. You may not use, download or install any such software unless and until you agree to the TERMS, and those of such end-user license agreement (if any).
USE OF OUR WEBSITE MATERIALS AND INFORMATION
Except as otherwise expressly provided for herein and/or on our website, you may view, print and copy documents (but not software) on our website (such as this agreement) (“Documents”) subject to the following terms and conditions: (1) Documents may be used solely for informational, personal, non-commercial purposes; (2) any copy of the Documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (3) the Documents may not be modified in any way; and (4) we reserve the right to revoke such authorization at any time, and you shall discontinue any and all such use of the Documents immediately upon notice from us. Documents specified above do not include the layout or design of our website(s). Elements of our website(s) are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. The term Documents does not include logos, graphics, sounds or images on our website(s), which may be reproduced or distributed only with the express prior written consent of Vergence Entertainment, LLC.
SERVICE DESCRIPTION
Ringorang provides users with access to its website(s) and communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites and applications that deliver trivia questions, through its network of properties (the “Service”). The Service may include advertisements and certain communications from Ringorang or third parties, such as marketing emails, text messages, etc. Unless explicitly stated otherwise, any new tools that alter or improve the current Service shall be subject to these TERMS.
Please be aware that you must be at least 18 years of age to access and use the Service. If you are not at least 18 years of age, please do not attempt to access the Service again until you reach the age of 18.
Information (as defined below) and certain other data, such as your IP address (“Data”), about you is subject to our “Privacy Policy.” By using the Service you agree to, and consent to, the collection and use of Information and Data by Ringorang. We may collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, household income, buying preferences, etc. We do not collect any personally identifiable information about you unless you voluntarily submit such Information to us, by, for example, creating a “username” or entering such information into an available field while using the Service. The types of Information that may be requested include your name, address, date of birth, e-mail address, telephone number, opinions, preferences and the like.
When you use the Service we might insert some instructions on your computer or mobile device. These instructions will be in the form of a ‘cookie’ or similar file. Cookies are small pieces of instruction stored on your hard drive or device, not on our site. Cookies help you navigate the Service as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering your username and password each time you access the Service.
We typically use the Information and Data you provide to us to improve the design and performance of the Service. We may use the Information and Data to deliver to you, among other things, advertising, promotions and other material. The Information may also be used by us and/or those we deem appropriate to contact you when necessary or appropriate, and to deliver or assist in delivering prizes, incentives, or similar rewards. We also may provide access to the Information and Data to third parties, or share the Information and Data with third parties. These third parties may use the information we provide to assist us in the operation and delivery of the Service, or in the delivery of prizes, incentives or rewards, or in order to contact you with advertising, promotions, offers or similar material. You hereby authorize us to provide this access or share the Information and Data with third parties. If you do not wish us to share Information and Data you provide us with third parties, you must cease using the Service and notify us in writing that you withdraw your consent.
The Service has physical, electronic and managerial procedures to safeguard and help prevent unauthorized access to the Information and Data. Although we take appropriate measures to safeguard against unauthorized disclosures of Information and Data, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
The Service may contain links to other web sites. Ringorang is not responsible for the privacy practices or the content of such web sites. Third parties may display advertisements on the Service and on such web sites. These advertisements may contain cookies. These third parties may collect information or insert cookies without our knowledge.
Ringorang allows you to access and change or modify Information previously provided. You may do so by e-mailing Ringorang at contact@ringorang.com. To protect your privacy and security, Ringorang will take reasonable steps to verify your identity before granting access or making changes or modifications. Unfortunately, we cannot always ensure that such changes or modifications will be reflected in all iterations of the Information as previously stored.
Please remember that any Information that you disclose on a website that is part of the Service may become public. You should exercise caution when deciding to disclose your personally identifiable information.
USERNAME AND PASSWORD
You will create a “username” upon completing the Service’s registration process. You will provide accurate, current and complete information about yourself (the “Information”) as prompted by the Service’s registration forms, including any additions or modification thereto, and timely update the Information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and username and are fully responsible for all activities that occur under your password or username. You will immediately notify Ringorang of any unauthorized use of your password or username or any other breach of security. Ringorang will not be liable or responsible for any claim arising from your failure to comply with this paragraph.
THE CONTENT YOU SUBMIT
You understand that all Information, Data, or content of any kind, posted, made available or transmitted by you or another user on, to or through the Service (“Content”) is the sole responsibility of the person from whom such Content originated. Ringorang does not control such Content and does not make any guarantee whatsoever related to such Content. By using the Service, you may be exposed to Content (as well as material posted, made available or transmitted on, to or through the Service by Ringorang) that is offensive, indecent or objectionable. Under no circumstances will Ringorang be liable or responsible in any way for any claim related to such Content or material.
You grant Ringorang a royalty-free, irrevocable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now know or hereafter devised to use and exploit (including by reproduction, distribution, public display, adaptation and/or public performance) in and to any and all Content that you post, make available or transmit on, to or though the Service. You also waive all moral rights in relation to such Content. You hereby represent and warrant to us that, with respect to any Content that you post, make available or transmit on, to or though the Service: (i) you are the sole and exclusive owner thereof; (ii) you have the full and unfettered right, power and authority to use and dispose thereof; and (iii) no such use or disposal shall constitute a violation of any agreement, applicable law or statute.
If any of the Content that you post, make available or transmit on, to or though the Service contains ideas, suggestions, documents, and/or proposals to Ringorang, Ringorang will have no obligation of confidentiality, express or implied, with respect to such Content, and Ringorang shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at its sole discretion without any obligation of Ringorang to you whatsoever or any third party whatsoever (i.e., neither you nor any third party will be entitled to any compensation or reimbursement of any kind from Ringorang under any circumstances).
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you have a good faith belief that your copyright(s) is being infringed by any material on the Service, please send a Notice of Claimed Infringement, including the information listed below, to Ringorang’s Designated Copyright Agent:
Designated Copyright Agent: Ringorang Copyright Agent
c/o Vergence Entertainment, LLC
address: 655 N. Central Ave., 17th Floor, Glendale CA 91203
phone: 818.244.3300
fax: 818.244.3301
email: copyright@ringorang.com
Ringorang has instituted a policy designed to enable, at Ringorang’s sole discretion, the expeditious removal of infringing material and the termination of the usernames and access of users who qualify as repeat infringers. Please make sure that any Notice of Claimed Infringement you send to Ringorang’s Designated Copyright Agent includes all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- an identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ringorang to locate the material;
- information reasonably sufficient to permit Ringorang to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted.
- a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement under penalty of perjury that the information in the notification is accurate, and, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Ringorang has also instituted a Counter Notification policy designed to enable, at Ringorang’s sole discretion, the prompt replacement of material that is removed in response to a Notice of Claimed Infringement as a result of a mistake of misidentification. Please make sure that any Counter Notification you send to Ringorang’s Designated Copyright Agent includes all of the following:
- your physical or electronic signature;
- an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled;
- your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Ringorang may be found, and that you will accept service of process from the person who provided the Notice of Claimed Infringement or an agent of such person.
CONTESTS
CONTEST OVERVIEW. These Official Rules describe and state all of the terms of Ringorang’s All-Purpose Question Everything Challenge a.k.a. Question Everything (“Contest”) described in them. Other and/or further contest Rules may apply to other games available on or through the Service (“Other Contest”),. You agree to review, and to be bound by, any and all such Rules. Please carefully read all of these Rules before you decide to participate in the Contest or any other game, contest or part of the Service. Your participation in the Contest, or any Other Contest, constitutes your legal representation that you are eligible to do so, and that you have read and agree to be bound by the TERMS and the Rules. If there is any provision in the Rules with which you do not agree, or by which you do not wish to be bound, please do not participate in the Contest, or Other Contest. The Contest is sponsored by the Ringorang Division of Vergence Entertainment, LLC (the “Sponsor” or “Ringorang”). You may write to the Sponsor at 655 N. Central Avenue, Suite 1700, Glendale CA 91203, or email contact@ringorang.com. Other Contests may also be sponsored by Sponsor and/or others (“Other Sponsor(s)”).
HOW TO ENTER. To enter the Contest you must create a Ringorang Profile on the Sponsor’s Internet site www.ringorang.com (the “Website”), and/or, in some cases, a subpage thereof for Other Contests, and electronically send that profile to Ringorang. Once Ringorang receives your Profile, and any other Information and/or Data requested, you are automatically entered in the Contest or Other Contest. Your entry in the Contest or Other Contest will continue until (1) Ringorang terminates your Profile or the Contest or Other Contest, which it may do at any time at its sole discretion subject to the Rules, or (2) you terminate your Profile and electronically notify Ringorang that you have done so.
ELIGIBILITY. The Contest is open only to an individual lawfully residing in the United States who (1) is 13 years of age or older; (2) possesses Internet access; (3) is not incarcerated in any penitentiary, jail or prison; (4) is neither employed by nor works directly for the Sponsor (or any affiliated entity), or is a member of the immediate family of any person employed by or working directly for the Sponsor (or any affiliated entity); (5) is the registered subscriber of the e-mail account used to create the individual’s Ringorang Profile, or is an immediate family member of the registered subscriber of such account, who knows of and consents to such use of the account to create such Profile and to participate in this Contest; (6) is the named account holder of any wireless telephone service account used to participate in the Contest, or is an immediate family member of such named account holder, who knows of and consents to such use of the account to participate in the Contest; (7) has not been found, in any judicial or administrative proceeding, to be legally incompetent for any purpose; (8) if under the age of 18, has supplied Ringorang with evidence it deems sufficient, in its sole discretion, to demonstrate that the parent(s) or legal guardian(s) of the entrant are aware of and consent to his creation of a Profile and participation in this Contest, and to the binding nature of these Official Rules; and (9) has not been found by Ringorang to be a person who is ineligible to participate in this Contest. All Other Contests shall be open only to an individual who: (i) meets all of the criteria for eligibility for the Contest (except as the same may be modified by the Rules for such Other Contests); and (ii) meets all of the eligibility criteria stated in the Rules for any such Other Contest.
DESCRIPTION OF CONTEST. The Contest (including the duration, start and end dates) may be modified, altered or discontinued by Ringorang at any time in its sole discretion. Other Contests run as stated in the Rules for such Other Contest(s). Ringorang currently sends trivia questions to all registered players at a rate of one per hour, but reserves the right to change such policy in its sole discretion. The exact time within each hour is chosen at random but may be specified by one or more individuals employed by Ringorang. In order to receive and answer trivia questions, a player must download, install, and log-in to the Ringorang Adobe AIR desktop client. Optionally, a player can open http://qe.ringorang.com in a browser window to receive and play questions, or, in the case of an Other Contest, such URL as may be specified in the Rules of such Other Contest. When trivia questions are sent, the player is prompted if they want to play during an initial alert period of 30 seconds before the question is revealed. Each question is worth a preset number of “Dallions.” (A Dallion itself has no monetary value.) Players must opt-in to the question by clicking ‘yes’ in order to continue and play the question. Once the question is revealed, a player has 20 seconds to choose from a number of possible answers. As time passes, the number of Dallions available to be won decreases. The appropriate amount of Dallions, based on time left, is awarded for correct answers. Likewise, incorrect answers will result in the deduction of Dallions from the player’s overall total. A player can elect to pass by clicking the ‘pass’ button at any point during the alert period or the question period. Players who pass or simply do not choose an answer in the allotted time will not win or lose any amount of Dallions. A bonus of 150 Dallions will be awarded to players who correctly answer three consecutive played questions without clicking ‘pass’ or letting time expire. After time has elapsed, the player is notified if his or her answer was correct or incorrect, which of the possible answers was correct, the amount of Dallions s/he has won or lost, and his or her updated total number of Dallions. Once this trivia sequence has concluded, the player is notified that the next question will be sent at a random point during the next hour.
DESCRIPTION OF PRIZES. In Ringorang’s sole discretion, Prizes may be awarded at the conclusion of the Contest or Other Contest to the top player based on the amount of Dallions the player has earned. Additionally, with respect to the Contest, and some Other Contests, all players who have opted-in (clicked ‘yes’ when prompted) to a minimum of 3 questions in a daily period may be entered into a random drawing in Ringorang’s sole discretion. One or more individuals employed by Ringorang and/or Other Sponsors will contact qualifying and/or winning players, if applicable, at the e-mail addresses specified on their Ringorang profile. Prizes consist of goods and/or services selected by Ringorang and/or Other Sponsors, in their sole discretion. The recipient of the drawing prize will be chosen at random by one or more individuals employed by Ringorang and/or Other Sponsors, if applicable. The prize distribution for Other Contests shall be as specified in the Rules for such Other Contest. If you are a winner, in order to receive your prize, you may be required to grant written permission to have your name, likeness and identity used for promotional purposes by Ringorang and/or Other Sponsors, without additional compensation, except where prohibited by law. Prizing is subject to change without notice in the sole discretion of Ringorang and/or Other Sponsors. For the avoidance of doubt, Ringorang may change, discontinue, alter, modify, replace or remove any particular prize (or all prizes altogether) in its sole discretion.
PROOF OF ELIGIBILITY. At its and/or their sole discretion, and at any time, Ringorang and/or Other Sponsors may require a contestant to prove that he is eligible to participate in the Contest or Other Contest and to receive a prize. Also at its and/or their sole discretion, Ringorang and/or Other Sponsors, shall decide what documentation and other information is required by such contestant to prove his eligibility to the subjective satisfaction of Ringorang and/or Other Sponsors, as well as the period of time in which such documentation and other information must be supplied by the contestant. Any determination by Ringorang and/or Other Sponsors as to the lack of eligibility of any given contestant is final and not subject to challenge, in any administrative, arbitral, quasi-judicial, judicial, or any other proceeding. Any determination by, Ringorang and/or Other Sponsors that a particular contestant is eligible to participate in the Contest or Other Contest, shall not preclude Ringorang and/or Other Sponsors from subsequently requiring such contestant again to prove that he is eligible to participate in the Contest or Other Contest and to receive a prize.
PARTICIPATION COSTS. Unless otherwise specified in the Rules therefore, and then only where not prohibited by law, no fee will be charged by the Sponsor and/or Other Sponsors to any person who elects to participate in the Contest or Other Contest.
THIS PROMOTION IS SOLELY A CONTEST. This promotion is solely a contest. In order to win a prize (if any), a contestant must exercise knowledge and skill. A participant in the Contest or Other Contest is not staking or risking anything of value upon the outcome of a contest of others, a sporting event, or a game subject to chance. A participant in the Contest or Other Contest is not purchasing a chance or opportunity to win a prize, the winning of which is entirely or predominantly subject to chance, with the odds of winning depending on the number of entries received. Any costs or charges paid or incurred by a contestant, in order to participate in the Contest or Other Contest, are paid or incurred in order to have the opportunity to win one or more of the prizes (if any) offered by Ringorang and/or Other Sponsors through the prompt providing of correct answers to trivia questions.
ANTICIPATED NUMBER OF CONTESTANTS AND WINNERS. Because Ringorang has not previously sponsored contests of this sort, it is currently unable to predict the number of expected contestants. For the same reason, Ringorang cannot identify the total number of contestants who won prior contests that it sponsored. After the Contest or Other Contest has terminated, and upon receiving an email request from any person, Ringorang may identify the approximate number of total contestants and the approximate percentage of contestants who won prizes. All prizes will be awarded.
POSSIBLE FUTURE CONTESTS. You may be invited by Ringorang to participate in one or more additional or different contests, but will be under no obligation to do so. Ringorang may separately sponsor one or more additional or different contests, information as to which will be posted on its Website. In order to win a prize in the Contest or Other Contests (as determined by Ringorang in its sole discretion), you are not required to participate in any other contest. The Contest does not have multiple rounds. Other Contests may have multiple rounds.
DETERMINATION OF QUESTIONS AND ANSWERS. One or more individuals employed by Ringorang and/or Other Sponsors will select all of the trivia questions transmitted to participants in the Contest and/or Other Contests, and will determine the correct answers to all such questions. Ringorang and/or Other Sponsors’ personnel will be solely responsible for determining whether the answer provided by any given contestant is correct, and also for determining the number of Dallions to be added to or subtracted from the contestant’s account. The decisions of such personnel are final and are not subject to challenge in any administrative, arbitral, quasi-judicial, judicial or other proceeding.
RINGORANG AND/OR OTHER SPONSORS NOT RESPONSIBLE FOR ERRORS. The Contest and/or Other Contests utilize and rely upon various wireless and electrical communication technologies, the proper functioning of which is entirely beyond the control of Ringorang and/or Other Sponsors. The Contest and/or Other Contests also utilize and rely upon the services of various companies, including but not limited to Internet service providers, electrical utilities, and wireless telephone service providers, the performance of which is entirely beyond the control of Ringorang and/or Other Sponsors. Neither Ringorang any Other Sponsors is responsible or liable in any way for the consequences of incorrect, inaccurate, interrupted, defective, or untimely transmission or transcription of entry or contest information, or for any human error, technical malfunctions, lost data, transmission line error, failure or interruption, wireless service gaps, power outages and/or spikes, computer hardware and software errors and malfunctions, computer viruses and glitches, Internet or wireless service inaccessibility, or any other technical, electronic, transmission, computer or other error or malfunction or the like. Should any communication by Ringorang and/or Other Sponsors impose a substantively unreasonable burden on Ringorang and/or Other Sponsors, or yield an unanticipated windfall for one or more contestants that presumptively was not intended by Ringorang and/or Other Sponsors, such communication is deemed to have been null and void, ab initio, and of no force or effect whatsoever.
ARBITRATION; WAIVER OF ANY RIGHT TO JURY TRIAL.
.Any claim, dispute, or demand by any contestant (or any parent, legal guardian, or authorized representative of any contestant), actually or allegedly arising from, or in any way related to, the Contest, any Other Contest, the TERMS, Rules or any related content on the Website, shall be resolved by binding arbitration in Los Angeles County, California, before ADR Services, Inc. or, if ADR Services, Inc. is unavailable, before a comparable arbitration tribunal selected by the party initiating the arbitration. All questions as to whether or not an issue constitutes a matter arbitrable hereunder shall themselves be settled by arbitration. The arbitrator shall have the discretion to permit discovery, upon a showing of good cause, but such discovery shall be limited to requests for the production of documents and up to three depositions per side, each of which is not to exceed two days. The arbitrator shall apply the substantive law of the State of California, exclusive of any laws or rules relating to conflict of law. Any arbitration award shall be final, binding, and conclusive upon the parties and their privies. ALL OF THE PARTIES KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY ISSUE IN ANY ARBITRATION BROUGHT PURSUANT TO THIS PROVISION. In any arbitration, no party may be awarded punitive damages more than three (3) times the amount of proven compensatory damages, no matter how large or small such compensatory damages may be. The arbitrator may require the non-prevailing party to pay some or all of the costs of the arbitration incurred by the other, including such party’s share of the arbitrator’s fee. Should any contestant (or any parent, legal guardian, or authorized representative of any contestant) demonstrate that he is unable to afford any fee needed to institute any such arbitration, Ringorang will advance the monies to do so.
MISCELLANEOUS. The Contest and any and all Other Contests are governed by the laws of the State of California, excluding conflict of laws principles. Void where prohibited or restricted by law. Ringorang and/or Other Sponsors are not responsible or liable for claims, injuries, losses, or damages of any kind resulting from the acceptance, use, misuse, malfunctioning, possession, or loss of possession of any prize. Only one entry may be submitted by a contestant in response to any trivia question. Every contest entry becomes the property of Ringorang upon its receipt of such entry. All provisions of the Rules which, by their express or implied terms, are intended to survive the termination of the Contest and/or Other Contest shall do so. As used herein and/or in the Rules, the masculine, feminine and neuter gender, and the singular or plural number, shall be deemed to include the other wherever the context so indicates or requires. Titles and headings to paragraphs and/or sections herein and/or in the Rules are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions hereof or thereof. No portion or provision hereof or of any Rules shall be construed in favor of or against any party hereto or thereto because that party, or that party’s legal representative, drafted such portion or provision.
YOUR CONDUCT
You will not use the Service to:
- violate any applicable law;
- post, make available or transmit any Content that is unlawful (including Content that infringes any patent, trademark, trade secret, copyright or other right), confidential, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, or otherwise objectionable;
- misrepresent your identity or post, make available, submit or transmit any false or misleading Information;
- post, make available or transmit any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other form of solicitation;
- post, make available or transmit any Content that contains software viruses or any other computer code, files or programs which is designed to, or does in fact, interrupt, destroy, harm or limit the functionality of any computer software or hardware or telecommunications, or other such equipment;
- act in a manner that negatively affects other users’ ability to use the Service;
- harass or stalk anyone;
- collect or store personal data about anyone; and/or
- reproduce (other than as necessary to lawfully access the Service), adapt, distribute, display or perform any portion of the Service or Content or material residing on the Service at the direction of Ringorang or an Other Sponsor, or a user other than yourself, in whole or in part.
Any interaction you have with advertisers found on or through the Service, including payment and delivery of related or other goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Neither Ringorang nor any Other Sponsor shall be deemed to be an endorser or guarantor of any such advertiser or any other third party whatsoever, and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such advertisers on the Service.
OUR CONDUCT
Ringorang and/or Other Sponsors may or may not review Content, but Ringorang shall have the right (but not the obligation), in its sole discretion, to review, reject, or remove, with or without notice, any and all Content at any time for any or no reason whatsoever. Ringorang shall not be liable or responsible to you or any third party for any such conduct.
Ringorang may access, preserve and disclose your account information and Content if, among other things, it is required to do so by law or if acting with a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TERMS; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; (5) protect the rights, property or personal safety of Ringorang its users, Other Sponsors, other third parties or the public, or (6) to facilitate the delivery of prizes. Neither Ringorang not any Other Sponsor shall be liable or responsible to you or any third party for any such conduct.
Ringorang reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Ringorang shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or any part thereof.
Ringorang may at its sole discretion, under any circumstances, for any reason, or no reason, whatsoever and without prior notice to you, immediately terminate your username and account and/or your access to the Service. Neither Ringorang nor any Other Sponsor shall be liable or responsible to you or any third party for any such termination.
Ringorang and/or Other Sponsors may provide, or third parties may provide, in, on or through the Service links to other web sites or resources. Because neither Ringorang nor any Other Sponsor has any control over such sites and resources, neither Ringorang nor any Other Sponsor shall be responsible for the availability of such external sites or resources, nor do they, or any of them, endorse such external sites or resources, nor shall they, or any of them, be responsible for, nor be liable based on, the conduct of any such external sites or resources.
Neither Ringorang nor any Other Sponsor shall be responsible or liable for the accuracy, usefulness or availability of any information posted to, made available on or transmitted through the Service, including but not limited to any securities trading or investment related information.
INDEMNIFICATION
You will indemnify and hold Ringorang and any Other Sponsor harmless from and against any claim or demand, or threatened claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you post, make available or transmit on, to or through the Service, your use of the Service, your connection to the Service, your violation of the TERMS , your violation of any rights of another in connection with these TERMS, or your breach of any representation or warranty made herein. You will cooperate as fully as reasonably requested or required in the defense of any such claim. Ringorang reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Ringorang
LINKING TO THE SERVICE
Under some circumstances we permit others to link to the Service. You may contact us at contact@ringorang.com to request information and consent to such linking. You must obtain our prior written consent to any such linking. In addition, any such linking is subject to the linker’s compliance with the TERMS, including: A site that links to the Service: (1) may link to, but not replicate, content contained in our website(s); (2) must not create a frames or border environment or browser around content contained in our website(s); (3) must not present misleading or false information about us or the Service; (4) must not misrepresent our relationship with the linker; (5) must not imply that we endorse or sponsor the linker or the linker’s services or products; (6) must not use or display our logos, trade marks or trade dress without our express prior written consent; (7) must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; (8) must not contain materials that would violate any laws; and (9) must agree that the link may be removed at any time, immediately upon our request pursuant to our reserved rights to rescind its consent to allow the link.
The Service may be accessed from countries around the world and may contain references to our Service, programs, products and the like that may not be available in such country. That the Service may be accessed from such countries does not in any way imply that our Service, programs, products and the like are intended for use anywhere where such use or access would violate any applicable law, statute, treaty or the like. If you are accessing the Service from any such place, you agree to immediately discontinue use of the Service.
Ringorang controls and operates the Service from our headquarters located in the State of California in the United States. We make no representation: (1) that the Service, or any content thereof or therein, or accessible there from, is appropriate and/or available for use in other locations; or (2) that accessing the Service, or any content thereof or therein, or accessible there from, from any such territories is not illegal or prohibited. You agree not to access the Service or copy or make use of any portion of the Service, programs, products and the like from any location where such access or use is illegal or prohibited. You may not use or access the Service in violation of United States export laws and regulations. If you use the Service from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.
Software available from the Service is subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. By downloading or using software from the Service, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.
TERMINATION
Either party may terminate these TERMS for any or no reason at any time by notifying the other party. However, if you access the Service after terminating these TERMS, you will acknowledge, agree and consent to the version of these TERMS controlling at that time. Upon termination by either party, the following paragraphs will survive: (1) TRADEMARKS; (2) OUR CONDUCT; (3) THE CONTENT YOU SUBMIT; (4) INDEMNIFICATION; (5) DISCLAIMER; (6) LIMITATION OF LIABILITY; (7) RELEASE; (8) MISCELLANEOUS; (9) INTERNATIONAL USE; and (10) LINKING TO THE SERVICE.
DISCLAIMERS
- YOU USE THE SERVICE AT YOUR SOLE RISK. RINGORANG PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. RINGORANG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM YOU USE TO ACCESS OR USE THE SERVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
- NEITHER RINGORANG NOR ANY OTHER SPONSOR MAKES ANY WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE SERVICE RESULTS WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO INFORMATION OBTAINED BY YOU FROM RINGORANG OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- ACCURACY OF SCORES AND/OR PRIZING CANNOT BE GUARANTEED DUE TO NETWORK LATENCY, THROUGH A MOBILE APPLICATION OR OTHERWISE.
- PUSH NOTIFICATIONS FROM RINGORANG, APPLE COMPUTER OR ANY OTHER THIRD PARTY ARE NOT GUARANTEED TO BE RECEIVED.
LIMITATION OF LIABILITY
NEITHER RINGORANG NOR ANY OTHER SPONSOR SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
JURISDICTIONAL RESTRICTIONS
IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY AND DISCLAIMERS RELATED TO WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO YOU.
RELEASE
If you have a dispute with one or more users of the Service, you release and hold harmless Ringorang and any Other Sponsors from and against any and all claims, demands and damages (actual and consequential) (whether threatened or actual) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with any such disputes and/or threatened disputes. You also waive California Civil Code §1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law or equity of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
NOTICE
Ringorang will provide any notice to you at the email address you provide upon creating a username. You will provide any notice to Ringorang at the following address: feedback@ringorang.com.
MISCELLANEOUS
The TERMS constitute the entire agreement between you and Ringorang and govern your use of the Service. The TERMS supersede any prior agreements between you and Ringorang with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ringorang services, affiliate services, or third-party services. The TERMS are fully assignable by Ringorang and will be binding upon and inure to the benefit of Ringorang’s successors and assigns. Except as otherwise expressly provided in these TERMS, there shall be no third-party beneficiaries to this agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. These TERMS and the relationship between you and Ringorang shall be governed by the laws of the State of California as an agreement wholly performed therein without regard to its conflict of law or choice of law provisions. You will submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any failure of Ringorang to exercise or enforce any right or provision of these TERMS shall not constitute a waiver or continuing waiver of such right or provision. If any provision of these TERMS is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TERMS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these TERMS will be compensable by monetary damages only and you will in no event be entitled to injunctive or other equitable relief. Ringorang may provide you with notices, including those regarding changes to these TERMS, by any or all of (but not limited to) the following methods: email, regular mail, text message, postings on the Service, or other reasonable means now known or hereinafter devised.
Copyright © 2010, Vergence Entertainment, LLC. All rights reserved.
Revised: 4/1/10