RINGORANG® TERMS OF SERVICE AGREEMENT.
THIS IS A LEGAL DOCUMENT. BY USING THIS SERVICE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS STATED IN THIS DOCUMENT.
ASSENT TO TERMS. Ringorang Worldwide LLC, along with its successors, assigns, subsidiaries, sponsors, affiliates, officers, employees, agents, partners and licensors/licensees (collectively "Ringorang ® " or "we" or "us" or "our"), provide this software application and complementary media which may include without limitation emails, mailed communications, interactive voice response service, videos, short message services (SMS or MMS) and other related media (collectively the "Service") 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 using this Service in any way. 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 and 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; (3) your entry into this agreement does not violate the terms of any applicable contract, law, statute or treaty; and (4) you agree not to 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, harassing, tortious, defamatory, or otherwise objectionable. Any rights of any type or kind not expressly granted herein are hereby expressly reserved.
TRADEMARKS. Ringorang®, the ASK methodology, and its associated logos are trademarks and service marks and proprietary designations of Ringorang Worldwide 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. 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.
SERVICE DESCRIPTION. Ringorang® provides users with access to its apps 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 applications that deliver contest-formatted questions, through its network of properties (the "Service"). Unless explicitly stated otherwise, any new tools that alter or improve the current Service shall be subject to these TERMS.
USERNAME AND PASSWORD.You will create a "username" upon completing the Service's registration or "account creation" 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 your username and password credentials and are fully responsible for all activities that occur under your username and password.
GOVERNING LAW AND JURISDICTION.The Agreement, and the rights, obligations and liabilities of the parties hereto shall be construed in accordance with the law of the State of California, without regard to its conflict of law principals. The parties agree that any action with respect to this Agreement shall be brought in a court of competent subject matter jurisdiction located in the State of California and the parties hereby submit themselves to the exclusive jurisdiction and venue of such court for the purpose of such action.
OUR CONDUCT. Ringorang® may access, preserve and disclose your Information and Data 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 your requests for customer service; (4) protect the rights, property or personal safety of Ringorang®, its users, other third parties or the public, or (5) to facilitate the delivery of prizes in any contest in which prizes may be awarded. Ringorang® shall not 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. Ringorang® shall not be liable or responsible to you or any third party for any such termination. Ringorang® may provide, or approved third parties may provide, in, on or through the Service links to other web sites or resources. Because Ringorang® does not have any control over such sites and resources, Ringorang® shall not be responsible for the availability of such external sites or resources, nor do they endorse such external sites or resources, nor shall they be responsible for, nor be liable based on the conduct of any such external sites or resources. Ringorang® shall not 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®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, Data or Information 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 their 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 email@example.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) or app(s); (2) must not create a frames or border environment or browser around content contained in our website(s) or app(s) without express permission from Ringorang Worldwide LLC; (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.
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. * RINGORANG® DOES NOT MAKE 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. LIMITATION OF LIABILITY RINGORANG® SHALL NOT 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.
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: firstname.lastname@example.org and any legal notices to Ringorang® shall be sent via U.S. mail to Ringorang®, Attn.: General Counsel, 655 N. Central Ave, Ste 1700, Glendale, California 91203.
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. 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, or joint venture, is intended or created by this Agreement. 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. No portion or provision hereof 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. 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. Titles and headings to paragraphs and/or sections herein are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions hereof or thereof.
Revised: August 18, 2015