Version 2.5, last updated 11 August 2008
The websites www.ring2.com and www.calleffect.com (the ‘Websites’)
are owned and operated by Ring2 Communications Limited, a company incorporated
in England, number 4677393, VAT number 832 3613 49, whose registered office is 12
Tokenhouse Yard, London EC2R 7AS (‘Ring2’, ‘us’, ‘our’ and
‘we’).
THIS AGREEMENT GOVERNS YOUR
USE OF AND ACCESS TO THE WEBSITES. BY VIEWING OR USING THE WEBSITES, YOU AGREE
TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS
AGREEMENT, DO NOT VIEW OR USE THE WEBSITES.
You may have a separate
agreement covering your use of a product or service of ours other than the
Websites. Unless that separate agreement states otherwise, this agreement will
take precedence in cases of conflict, regarding your use of the Websites.
Disclaimer
THE WEBSITES ARE FOR
INFORMATION PURPOSES ONLY. YOU MAY NOT RELY ON ANY INFORMATION ON THE WEBSITES
AND WE DO NOT ACCEPT ANY LIABILITY TO YOU OR ANY PERSON AS A RESULT OF ANY SUCH
RELIANCE.
WHILE WE TAKE CARE OVER THEIR
CONTENTS, THE WEBSITES ARE PROVIDED ON AN ‘AS IS’ BASIS AND WE DO NOT GIVE ANY WARRANTIES OR
REPRESENTATIONS, WHETHER CONCERNING THE SUPPLY, USE OF OR ACCESS TO THE WEBSITES
OR OTHERWISE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITES, THEIR CONTENTS
OR DOWNLOADS WILL BE AVAILABLE AT ALL TIMES, OR BE FREE OF ERRORS, VIRUSES OR
OTHER POTENTIALLY HARMFUL CODE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
CONDITIONS, WARRANTIES OR REPRESENTATIONS THAT MAY OTHERWISE BE IMPLIED BY LAW
INTO THIS AGREEMENT.
You access any other website,
through a link from the Websites or otherwise, at your own risk. We do not
endorse, are not responsible for, and accept no liability for, the content,
products or services offered on, or your use of any other website, including
one from which you connected to the Websites or to which a link is provided on the
Websites. You may not link to the Websites without our prior written
permission.
Nothing on the Websites
constitutes an offer capable of acceptance.
Intellectual Property
You acknowledge that all
intellectual property rights (such as copyright, database right, design right,
trade marks including without limitation RING2, TEXT2RING2, RING2 CONFERENCE
CONTROLLER, RING2 CALL CONTROLLER, and CALLEFFECT and patents) in the Websites
and any or all of its contents are owned by Ring2 or its licensors and that you
have no right to use the Websites or any or all of their contents other than in
accordance with the terms of this agreement and any applicable law.
You may not save, copy,
transmit, publish or otherwise deal in the Websites or any or all of their
contents without our prior written permission. If we make any copyright work
(including our logo, an image of our software interface or any other image),
available for downloading on the Websites for members of the media, you may
only download and use that copyright work for the purposes of illustrating or
otherwise referring to the Websites and our services as part of an on-line or
off-line media article and such use must be in good faith, without removal of
any intellectual property ownership notice and with appropriate references to
our ownership rights. This is without prejudice to any rights you may have
that cannot legally be excluded by contract.
Privacy
Please see our Privacy Policy,
which sets out how we deal with any personal data you may give to us or which
we otherwise receive. Our Privacy Policy
is incorporated into and forms part of this agreement. You warrant that any
data you give to us is accurate and that you are entitled to provide such data.
Liability
TO THE EXTENT
PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE AND, WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT
WILL WE BE LIABLE TO YOU FOR ANY:
- CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR
LOSS OF PROFIT;
- DAMAGE RESULTING
FROM RELIANCE ON THE WEBSITES OR THEIR CONTENTS; OR
- LOSS OR DAMAGE
AS A RESULT OF FORCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ANY
ACT OF GOD, WAR, TERRORISM, LABOUR DISPUTE OR TELECOMMUNICATIONS
DISRUPTION.
Nothing in this
agreement limits or excludes our liability for death or personal injury due to our
negligence or for fraudulent misrepresentation.
Indemnity
You will indemnify us against
all reasonable costs (including reasonable lawyers’ costs), damages and losses
that we may suffer (including those relating to third party claims) due to your
breach of this agreement.
Changes and Notices
We reserve the right to
change this agreement, the Websites and their contents at any time without
notice to you. A change will take effect immediately on posting on the Websites.
We can also provide notices to you by posting them on the Websites. It is
your responsibility to check this agreement and the Websites from time to
time. Your continued access to or use of the Websites equals acceptance of any
changes to the agreement or Websites. If you do not agree to any such changes,
you must cease accessing and using the Websites. You can only provide notices
to us by email to legal@ring2.com.
Termination
We may terminate this
agreement, the provision of all or any part the Websites and your access to or
use of the Websites at any time without prior notice to you.
Governing Law and
Jurisdiction
This agreement is governed by English law and the
English courts will have exclusive jurisdiction.
In relation to any dispute or legal proceedings
arising out of or connected to this agreement, you irrevocably submit to the
exclusive jurisdiction of the English courts and waive any objection to such dispute
or proceeding on the grounds that they have been brought in an inappropriate
forum.
© Ring2 Communications Limited
2006-8, all rights reserved
