DESCRIPTION OF SERVICE. The Mediaring Talk Service (the "MRTS") is a directory service owned and operated by MediaRing Inc ("MediaRing") to automatically match up addresses and phone numbers for the calling and called parties. By using Mediaring Talk (the "Software"), users will access MRTS, and will be subject to the terms and conditions contained herein (the "MRTS Terms). MediaRing reserves the absolute right at any time to modify or discontinue MRTS.
ACCEPTANCE OF TERMS. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE"I ACCEPT" BUTTON, YOU INDICATE YOUR AGREEMENT TO BE A MEMBER ("MEMBER") AND TO BE BOUND BY THESE MRTS TERMS.
USE OF SOFTWARE. The Software is a software which enables MRTS and permits voice conversation over the Internet. You may make and distribute unlimited copies of the Software provided each copy of the Software so distributed contains these MRTS Terms and all copyright and other proprietary notices accompanying the Software.
NO WARRANTY ON MRTS. Member acknowledges that MRTS is provided on an "as is" and "as available" basis and expressly agrees that use of MRTS is at member's sole risk. To the maximum extent permitted by applicable law, MediaRing expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for any particular purpose, the continued offering and operation of MRTS and non-infringement of intellectual property rights. MediaRing makes no warranty as to the results that may be obtained from the use of MRTS nor as to the accuracy or reliability of any information obtained through MRTS nor that defects in the Software is error free.
NO WARRANTY ON CONNECTION. Users acknowledges that as the calls are made over the Internet, the quality of the connection and sound quality will depend upon factors such as the volume of network traffic, bandwidth availability and local connection quality and that these are beyond MediaRing's control. Accordingly, MediaRing shall not be liable for any loss or damage which may result from any deficiency in the quality of such connection or from any delay, error, interruption, inaccuracy or other failure in the connection.
LONG DISTANCE CHARGES. Member acknowledges that through the improper use of the Software or MRTS either by a calling party or by a called party, there is a likelihood of incurring long distance charges. Member agrees MediaRing shall not be responsible for any such charge and undertakes to indemnify MediaRing for any and all claims which may arise from such improper use.
DOWNLOADS. Member acknowledges and agrees that any material and/or data downloaded or otherwise obtained through the use of MRTS is done at Member's own discretion and risk and that MediaRing will not be responsible for any damage to Member's computer system, for any loss of data which results from the download of such material and/or data, or otherwise.
LIMITATIONS. MediaRing shall not be liable for any direct, indirect, incidental, special or consequential losses or damages, whatsoever, whether in contract, tort or otherwise, resulting from the use or the inability to use MRTS, or from the use of the Internet generally.
AMENDMENTS TO MRTS TERMS. MediaRing may amend the MRTS Terms from time to time. MediaRing post the amendments or the amended MRTS Terms on the screen prior to your subsequent use of MRTS. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of MRTS at that time. Member's continued use of MRTS constitutes an affirmative acknowledgment by Member of the MRTS Terms as amended and agreement by Member to abide by and be bound by the amended MRTS Terms.
MEMBER'S RESPONSIBILITY. Once you become a member of MRTS, you shall receive a password and an account ID. You agree not to disclose your ID and Password to any third party, and you are entirely responsible for the confidentiality of your password and account ID. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions appearing on the start-up screen.
INDEMNIFICATION. Member agrees to indemnify and hold MediaRing, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fee, made by any third party due to or arising out of Member's use of MRTS, the violation of this MRTS Terms by Member, or the infringement by Member or other user of MRTS using Member's computer of any intellectual property or other right of any person or entity.
PROPRIETARY RIGHTS TO CONTENT. Member acknowledges that the content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained in any advertisement, email-distribution or other information presented to Member by MRTS ("Content") by MediaRing or any third party is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Accordingly, Member is only permitted to use this Content as expressly authorised by MediaRing. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so by MediaRing.
GOVERNING LAW. These MRTS Terms shall be governed by and construed in accordance with the laws of the Singapore, and Member submits to the exclusive jurisdiction of the courts of the Singapore. Any cause of action arising out of or related to this Service shall cease one year after the cause of action arose.
