Ring2 Communications Ltd Website Terms of Use

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:

DIRECT DAMAGES;
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 submitting our web form.

Termination

We may terminate this agreement, the provision of all or any part the Website and your access to or use of the Website 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.