This agreement is in effect as of August 1, 2012.
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
By visiting the Dingtone Website or using the Dingtone Software, and by accessing the information, resources, functions, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by the terms of this User Agreement, applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as phone number, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the Dingtone Software itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Website and the Software. Therefore, if you choose to use these tools to submit any type of content to our website or the Software, it is your personal responsibility to use the tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools or the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that :
1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
3. Contains any type of unauthorized or unsolicited advertising, promotional materials, commercial activities and/or sales.
4. Impersonates any person or entity, including any Dingtone, Inc. employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We also have the right to suspend all or part of the Calling Service and Texting Service at no liability to Dingtone if your usage of Dingtone Products and Services is inconsistent with normal use, which is evaluated(In some cases but not for all, by comparing to other Dingtone users, to industry-wide averages, standards or relevant laws and regulations, including FCC regulations, the Telephone Consumer Protection Act and CTIA messaging guidelines) and determined by Dingtone in a manner relevant to each separate service offering and subject to Dingtone’s sole discretion.
Ownership: Phone numbers assigned to you are owned by Dingtone or its suppliers and, as an expression condition to your use of Dingtone phone numbers, you hereby agree not to claim, and expressively waive, any rights, titles or interests to Dingtone phone numbers. You acknowledge and agree that you do not have any rights to transfer the phone numbers or to use the phone numbers separate and apart from the Dingtone service.Specifically, you acknowledge and agree that you do not have any rights to port out the phone numbers.Limitations on Use: You acknowledge and agree that:
1. The Dingtone services are not a replacement for any phone lines, whether wired, wireless or Internet based.
2. You use Dingtone phone numbers with your true identity, and in compliance with applicable laws.
3. You will not send, cause to be sent or facilitate, spam using the Dingtone service
4. If your Dingtone phone numbers remain inactive for thirty (30) days or more, we have the right to reclaim the Dingtone phone numbers that were assigned to you, without refunding any fee you paid in connection to the phone numbers.
5. Under extreme circumstances, shall the phone number providers terminates the service with or without a cause, we will replace the numbers to minimize service disruption.
Limitations of Credits: You acknowledge and agree that:
1. Any free Dingtone credits that Dingtone assigns you expire in thirty (30) days.
2. Any Dingtone credits that you purchase from Dingtone expire in one year.
3. Any Dingtone credits that you earned from watching ads or completing offers expire in one year.
4. Dingtone credits cannot be exchanged for cash.
5. Dingtone credits that you have already consumed are non-refundable.
Payments: You agree that all payments you make are non-refundable. Dingtone reserves the right to terminate your account for any chargeback or fraudulent payment activity.
The sponsored offers for free Dingtone credits are hosted by third party sponsors. Dingtone shall have no liability to change the policy of the third parties and shall not be responsible for any missing credits from sponsored offers. You agree to be responsible for claiming missing credits from the third party sponsors.
Calls and texts made to other Dingtone users within Dingtone may be free.Calls and texts made outside of the Dingtone network may require Dingtone credits or payment.
Voice calls are charged in increments of one minute, and are rounded up to the next minute.
Connection Fee: A connection fee is charged for any connected call regardless of the duration of the call.
Dingtone reserves the right to charge for its Resources at its sole discretion. Dingtone reserves the right to change pricing and modify or discontinue any of its Resources at any time and without notice. By using its Resources, you are accepting the rates charged at the time of use.
Dingtone is not responsible for any voice, messaging, data, Internet charges assessed by carriers or Internet service providers and incurred when accessing Dingtone Resources. Such charges are the sole responsibility of the user.
License Grant : Dingtone agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by Dingtone are hereby reserved. You agree not to take any action to interfere with Dingtone's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not :
1. Reproduce, republish, redistribute, or transmit the Software.
2. To the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software.
3. Modify or create any derivative works based on the Software, including customization, translation, or localization.
4. Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software.
5. Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software.
6. Create or use any software other than as authorized by Dingtone to access the Software.
7. Attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software.
8. Use the Software in any way that violates this Agreement, or any other agreements between you and Dingtone or its affiliates or any law.
9. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services. Third Party Software : The Software may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the Software falls under the scope of this Agreement.
By using the Website or the Software, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that :
The use of our Resources will meet your needs or requirements. The use of our Resources will be uninterrupted, timely, secure or free from errors. The information obtained by using our Resources will be accurate or reliable. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that :
Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from Dingtone, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Dingtone, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR RESOURCES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR RESOURCES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All content and materials available on the Website and the Software, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Dingtone, Inc., and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Dingtone, Inc..
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.
The Website and the Software are controlled by Dingtone, Inc. from its offices located in Hong Kong. The Website and the Software can be accessed by most countries around the world. As each country has laws that may differ from those of Hong Kong, by accessing our website and the Software, you agree that the statutes and laws of Hong Kong, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in courts located in Hong Kong. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at :firstname.lastname@example.org