| 1.
Access and Privacy. |
| By accepting
this Agreement, you expressly consent to certain disclosures
of your personally identifiable and other personal information
to third parties, and to use of your information by third
parties, and us as described in our then-current Privacy
Policy, which is incorporated herein by reference. A complete
statement of our privacy policy can be found here.
You agree to abide by any policies posted on ringmycountry.com.
We expect that you will use caution and common sense when
utilizing the services that come with Membership. Furthermore,
by accessing ringmycountry.com you agree to comply with
all applicable laws regarding your access to Membership
services.
You must be at least thirteen (18) years old to register
for the services provided in the Website. We also encourage
anyone under the age of eighteen (18) years old to seek
the consent of their parents or guardians before making
use of any of the free services available at ringmycountry.com
or before providing information about themselves to anyone
on the Internet. Children should never reveal their addresses,
phone numbers or other personal information to any strangers
on the Internet.
In consideration of use of our services, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by registration forms; and
(b) to maintain and update this information to keep it
true, accurate, current, and complete. If any information
provided by you is untrue, inaccurate, not current or
incomplete, ringmycountry.com retains the right to terminate
your account and refuse any and all current or future
use of the services.
ringmycountry.com may, in its sole discretion and at
any time, modify and/or discontinue ringmycountry.com,
and/or limit, terminate or suspend your use of or access
to ringmycountry.com. And/or make changes to this Agreement.
Your right of access and use of the Website shall not
be deemed as a waiver of any of ringmycountry.com's rights
hereto nor shall it be deemed as a grant of any rights
to any of the information, intellectual property or other
matters described or set forth herein.
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| 2. No
Warranties; Limits on Liabilities |
| YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND
THE INTERNET. ringmycountry.com MAKES NO WARRANTY THAT IT
WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE TIMELY, SECURE,
ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND
PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS.
ringmycountry.com DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION
WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM
THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER
WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE
TO SUCH PRODUCTS
ringmycountry.com DOES NOT WARRANT THAT THE WEBSITE CONTAINS
COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES
OF PRODUCTS WHATSOEVER.
IN NO EVENT SHALL ringmycountry.com BE LIABLE FOR ANY
LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC,
EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORSEEABLE OR
NOT) INCLUDING WITHOUT LIMITATION LOST OR ANTICIPATED
REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER
(INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER
IN CONTRACT OR TORT, OR DAMAGES ARISING FROM ANY ERRORS,
MISTAKE, OMISSION, INTERRUPTION OR DELAY IN THE COURSE
OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING ANY
SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY
OR COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE,
EVEN IF ringmycountry.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL ringmycountry.com'S
LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED
AT ringmycountry.com'S THEN-APPLICABLE RATES, OF THE UNUSED
MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN").
SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB
SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE
AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. ringmycountry.com
SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN
ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS,
UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT
HAVE UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF ringmycountry.com UNDER THIS AGREEMENT
ARE SUBJECT TO, AND ringmycountry.com SHALL NOT BE LIABLE
FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION,
OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF
CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER,
THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS,
POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL
ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY
OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES,
INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD
PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE
REASONABLE CONTROL OF ringmycountry.com.
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| 3.
Content and Uses of the Website |
| When/if you
submit any content to any "public area" of the Website,
you grant ringmycountry.com, its affiliates, suppliers,
distributors, and third party service providers a royalty-free,
perpetual, irrevocable, non-exclusive right (including any
moral rights) and license to use, reproduce, edit, modify,
adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform, and display
the content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, technology now known
or later developed, for the full term of any rights that
may exist in such content. You also warrant that the holder
of any rights, including moral rights, in "public area"
content has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to
grant the license stated above. You also permit any visitor
to access, display, view, store, and reproduce "public area"
content for personal use. Subject to the foregoing, the
owner of "public area" content retains any and all rights
that may exist in such content. By accessing ringmycountry.com,
you agree that you shall have no recourse against ringmycountry.com
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to ringmycountry.com.
You are solely responsible for your content, and we merely
act as a passive conduit for your online distribution
and publication of your information. However, we may unilaterally
take any action with respect to your content if we believe
it may create liability for us or may cause us to lose
(in whole or in part) the services of our ISPs or other
suppliers.
ringmycountry.com reserves the right to edit, copy, delete,
in part or in full, any or all content provided by its
members. ringmycountry.com may make these changes at any
time for any reason without the prior consent or notification
of the author.
You may only use ringmycountry.com for legal purposes.
The content you distribute or request to receive (directly
or indirectly) through Membership access, any products
and services you may choose to offer (if permitted to
do so), and any username you select: (a) shall not infringe
any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity
or privacy; (b) shall not violate any law or regulation
(including without limitation those governing export control,
unfair competition, anti-discrimination or false advertising);
(c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (d) shall not be
obscene or contain child pornography; or (e) shall not
contain any computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information. You may not distribute unsolicited commercial
messages ("spam") through your use of services provided
by ringmycountry.com or take any other action, which imposes
an unreasonable or disproportionately large load on our
infrastructure, including without limitation, using excessive
network bandwidth. In addition, you may not distribute
spam that directs or encourages users to visit our Website
through the account of another provider. At our option
and without further notice, we may use anti-spam technologies
that may terminate your messages without delivering them
or prevent messages from reaching you.
You agree not to impersonate any other person or entity,
whether actual or fictitious, including impersonating
an employee or consultant of ringmycountry.com. You further
agree not to use an inappropriate member name of any kind.
The entire contents of ringmycountry.com are protected
by international copyright and trademark laws. The owner
of the copyrights and trademarks are ringmycountry.com,
its affiliates or other third party licenser's. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the
different areas of the Website solely for your own noncommercial
use. You hereby agree not to change or delete any copyright
or proprietary notices from the materials downloaded or
printed from ringmycountry.com
The rates applicable to all telecommunications services
or products provided by ringmycountry.com shall be the
rates charged by the underlying carrier at the time the
PIN is purchased. All rates apply only to calls originated
in the United States of America. Telecommunications services
may also be subject to fees and surcharges, including
without limitation per call fees or surcharges as set
by the underlying carrier. An additional Federal Communications
Commission mandated surcharge will be assessed for calls
originated from a pay phone. These fees and/or surcharges
are assessed at the time the call is made and are in addition
to the per minute rate applicable to the call. By agreeing
to purchase a PIN, you agree to pay the rates, fees and
surcharges in effect for that PIN at the time of purchase.
All prepaid cards shall have an expiration date linked
to the date of purchase, at which point it shall expire
automatically. The expiration date is communicated to
you along with your PIN Number and Access Number immediately
following purchase. Any unused minutes or value shall
be forfeited upon expiration.
All telecommunications services used in connection
with Pins are provided by the underlying carriers of those
telecommunications services.
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| 4.Third
Party Providers |
| You may order, purchase, or
otherwise obtain services or merchandise through this Website
from entities not affiliated with ringmycountry.com ("Sellers").
All matters concerning the merchandise and services obtained
or desired from any Seller, including but not limited to
purchase terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and the Seller. ringmycountry.com
makes no warranties or representations whatsoever with regard
to any goods or services provided by Sellers. You will not
consider ringmycountry.com nor will ringmycountry.com be
construed as a party to such transactions, whether or not
ringmycountry.com may have received some form of revenue
or other remuneration in connection with the transaction
or be liable for any costs or damages arising out of, either
directly or indirectly, you or any other person involved
or related to the transaction.
ringmycountry.com may contain links that provide access
to services provided by affiliates of ringmycountry.com.
These links are provided solely as a convenience to you
and not as an endorsement by ringmycountry.com of the
content of such other websites. WHEN YOU ACCESS ANY OF
THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED
BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF
SUCH SERVICES
If we ask a third party to provide services through the
Website or for your use, the provisions of this Agreement
shall apply to your use of their services. ringmycountry.com
is not responsible for the content on the Internet or
WebPages that are contained outside the Website. ringmycountry.com
make no representations as to the quality, suitability,
functionality or legality of any other websites to which
we may provide links, and you hereby waive any claim you
might have against ringmycountry.com with respect to such
sites.
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| 5.
Indemnification |
| You agree to indemnify, defend
and hold harmless ringmycountry.com, its parent companies,
subsidiaries, affiliates, and any officers, directors, employees,
consultants, and agents of any of them from any and all
third party claims, liabilities, damages and/or costs (including,
but not limited to, reasonable attorneys' fees) arising
from your use of services provided by ringmycountry.com,
your violation of this Agreement or your infringement, or
infringement by any other user of your account, of any intellectual
property right or other right of any person or entity. The
Agreement will inure to the benefit of ringmycountry.com
and its successors, assigns and licensees
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| 6.
Choice of Law, Jurisdiction, and Venue |
| This Agreement shall be governed
in all respects by the laws of the State of New York, without
regard to conflicts of laws principles; as such laws are
applied to agreements entered into and to be performed entirely
within New York between New York residents. Both you and
ringmycountry.com submit to the exclusive personal jurisdiction
of the State of New York and further agree that any cause
of action arising under this Agreement shall be brought
in a court in New York, New York.
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| 7.
Severability |
| If
any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced and remain in full force and
effect.
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| 8.
Waiver |
| The failure of either party
to insist upon or enforce strict performance by the other
party of any provision of the Agreement or to exercise any
right under the Agreement will not be construed as a waiver
or relinquishment to any extent of such party's right to
assert or rely upon any such provision or right in that
or any other instance.
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| 9.
Assignment |
| ringmycountry.com may freely
assign this Agreement and upon such assignment ringmycountry.com
will be relieved of any further obligation there under.
You may not assign its rights under this Agreement, in whole
or in part, to any third party.
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| 10.
Entire Agreement |
This Agreement (including
all Addendum and the Privacy Policy) sets forth the entire
understanding and agreement between the parties with respect
to the subject matter herein, and supersedes all prior
agreements and understandings.
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| 11. Fees
|
ringmycountry.com reserves
the right to charge fees, surcharges and/or membership
fees at any time upon without prior written notice to
you.
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| 12.
Amendments |
ringmycountry.com reserves
the right to unilaterally amend this Agreement at any
time by either: (I) notifying you by e-mail, in which
case the amendments will be effective upon e-mailing you
the notification at the e-mail address you have provided;
or (ii) by posting the amended version on the Website
and announcing on our Home Page that the amended agreement
is available. In this case, such amendments will be effective
when announced.
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| 13.
Miscellaneous |
| All information
provided by ringmycountry.com and its affiliates is owned
by or licensed to ringmycountry.com and its affiliates and
any user is permitted to store, manipulate, analyze, reformat,
print and display the ringmycountry.com information only
for such user's personal use. In no event shall any user
publish, retransmit, redistribute or otherwise reproduce
any ringmycountry.com information in any format to anyone,
and no user shall use any ringmycountry.com information
in or in connection with any business or commercial enterprise,
including, without limitation, any securities, investment,
accounting, banking , legal or media business or enterprise.
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