

PRIVACY POLICY
(Effective as of April 1, 2008)
1.
Our Commitment to Privacy.
Ring Plus, Inc. (“us,” “we,” or “our”) has posted this notice to set forth
our Privacy Policy. We designed our Privacy Policy to advise you about how
we collect, use, and protect the personal information you provide. This
Privacy Policy does not apply to any other site you may be able to access
from www.RingPlus.net (“Site”).
2.
Consent. By visiting and
using this Site and/or Ring Plus’ Phone System to make free calls, you are
accepting the practices described in this Privacy Policy, and you consent to
the collection and use of your personal information as described in this
Privacy Policy. Your use of this Site is also governed by our Terms and
Conditions of Use, Terms of Service, Community Rules, and Terms of Sale.
If you do not agree to any of the terms herein, you must immediately stop
using the Site, Ring Plus phone service, and any and all other Ring Plus
products or services.
3.
Changes to Privacy Policy. If
our Privacy Policy or procedures change, we will immediately post those
changes to our website. Any such changes will be effective immediately upon
being posted, unless otherwise stated in the change. We have posted the
Effective Date, above, for your reference. Your continued use of this
Site after any posting of any changes will constitute your acceptance of
such changes.
4.
Information Collected.
(a)
Personal Information. We collect all information your enter in your
profile when you subscribe to Ring Plus’ Phone System, and any information
you enter on this Site or that you give us in any other way. You can choose
not to provide certain information, but you may not be able to take
advantage of our services and features if you do so.
(b)
Traffic Data. When you visit a website, you disclose certain anonymous
information automatically, such as your Internet Protocol (IP) address and
the time of your visit (“Traffic Data”). This Site, like many other sites,
records this traffic data about users’ visits.
(c)
Cookies. Cookies are pieces of information that are transferred to
your computer from a web server. Most browsers are set up to accept cookies,
but you can change your settings to have your browser notify you when you
receive a new cookie or to refuse to accept cookies. We may use cookies to
store any of your personal information.
5.
Information Not Collected. We
do not collect your financial information relating to your payment for any
on-line purchase. We do not receive, record, store, or control any such
information. We shall not be liable in any way for the acts or omissions of
the financial institution issuing your credit card, debit card, or other
similar instruments, including, without limitation, their terms of use or
privacy policies.
(a)
Use of the Information. We use the information
collected form you to administer our business activities, to enable our
advertising clients operating within our system to selectively target our
Phone System users so they can play ring back tone replacement
advertisements to them (which enables us to provide you free calls), and to
personalize your experience on this Site. By using Ring Plus’ Phone System
to make free calls you understand and agree that, in exchange for your free
calls, you will be exposed to and listen to advertisements which are
targeted to you based on the demographic information you entered in your
profile when you subscribed. Occasionally we may use the information
to notify you about any changes and maintenance to our website or phone
service, new services, or special offers. We may make any personal or
individually identifiable information available to any third party without
first receiving your permission, including, without limitation, when such
disclosure is necessary for the following reasons:
(i)
To comply with a court order,
(ii)
To protect our rights or property, or
(iii)
To enforce our Terms and Conditions of Use, Terms of
Service, Community Rules, and Terms of Sale.
6.
Customer Submissions. We
reserve the right, and you authorize us, to use and assign all information
regarding your use of this Site and all information provided by you in any
manner consistent with our Privacy Policy. All customer
communications, comments, feedback, information, suggestions, and materials
(“Submissions”) submitted to us by you are not confidential and shall become
and remain our property. We reserve the right to use any such Submissions.
By making Submissions to us, you hereby grant Ring Plus and its
affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable,
and sub-licensable right to use such Submissions without limitation or
compensation. You make the following representations regarding your
Submissions: they shall be lawful and fit for publication; you have made
reasonable efforts to remove viruses or other destructive features before
submission; you own the Submissions or have unlimited rights to provide them
to us; you agree not to take action against us regarding any such
Submissions; and you agree to indemnify us from third-party claims regarding
any such Submissions. We shall have no obligation to respond to
Submissions.
7.
Protection of Your Information.
(a)
RingPlus.net is an open social
network. By visiting and using
www.RingPlus.net, you are agreeing that you have no expectation of
privacy, and that you are solely responsible for protecting your personal
information. You alone have the ability to control what information
you enter.
(b)
Your access to some services and content may be password protected. If
so, we advise that you do not disclose your password to anyone, and that you
sign out of password-protected services at the end of your session.
(c)
Ring Plus’ Phone System is supported by our advertisers to enable us
to give you free calls. By subscribing to and using Ring Plus’ Phone
System to place free calls, you are agreeing that you have no expectation of
privacy, and that you are solely responsible for protecting your personal
information. You alone have the ability to control what information
you enter when you subscribe to Ring Plus’ Phone System. By using Ring
Plus’ Phone System to make free calls you understand and agree that, in
exchange for your free calls, you will be hear advertisements which are
targeted to you based on the demographic information you entered in your
profile when you subscribed. You agree that you may end your
subscription to Ring Plus’ Phone System and cease using Ring Plus’ Phone
System to make free calls at any time.
8.
Children. This Site does not
provide services or sell products to children under the age of 18. We will
never knowingly request any personally identifiable information from any
child under the age of 18.
9.
How You Can Access Your Information.
You can request access to all your personally identifiable information by
sending an e-mail to info@RingPlus.net.
10.
Questions. You can always
contact us if you have any questions about our Privacy Policy by sending an
e-mail at info@RingPlus.net.
Ring Plus Community Rules
Ring Plus is a free-spirited telephone community in
which we all interact in an environment of trust, honesty, and respect.
Please feel free to invite your family and friends as new members are always
welcome.
Please insure that your profile is accurate so
that you don’t have to listen to messages which are not of interest to you.
It is strictly forbidden to use this telephone
service for commercial use, as this may harm our entire
community.
We encourage our members to notify us of (and
refrain from) any offensive or otherwise inappropriate behavior.
In particular, we ask that you do not do any of the
following:
Thank you for helping to make Ring Plus a
comfortable place for everyone.
TERMS
(Effective as of April 1, 2008)
Welcome to the Ring Plus website (“Site”). This Site is maintained as a
service to our customers.
Agreement. This Agreement
(“Agreement”) specifies the terms and conditions for access to and use of
www.RingPlus.net (“Site”), and
describes the terms and conditions applicable to your access of and use of
the Site. By accessing www.RingPlus.net,
you agree to comply with and be bound by the following Terms and Conditions
of Use. Please review these terms and conditions carefully. Your use
of this Site is also governed by our Terms and Conditions of Use, Terms of
Service, Community Rules, and Terms of Sale. If you do not agree to
any of these terms and conditions, you must immediately leave the Site and
cease all use of the Site as well as all other Ring Plus products and
services.
1.
Modification. Ring Plus
(“us,” “we,” or “our”) may modify the contents of this Site and the terms of
this Agreement at any time, with or without notice. Any such modifications
shall be effective immediately. Your use of this Site shall constitute and
be deemed your unconditional acceptance of this Agreement. Accordingly, you
should review the Terms and Conditions of Use each time you use this Site.
We have posted the Effective Date, above, for your reference. Your
continued use of this Site after any posting of any modifications will
constitute your acceptance of such modifications.
2.
Purchases. If you
purchase products from this Site, you will also be bound by our Terms and
Conditions of Sale.
3.
Phone System. If you
subscribe to and use Ring Plus’ Phone System to make free phone calls, you
will also be bound by our Terms of Service.
4.
Products. Many of the
products featured on this Site are also available by telephone. The
product prices listed on this Site are quoted in U.S. dollars and are valid
and effective only in the U.S. The colors you see on this Site will
depend on the quality of your computer monitor; accordingly, we cannot
guarantee that your monitor will display the exact color of any item
displayed on this Site.
5.
Privacy. Your use of this
Site is also governed by our Privacy Policy. Ring Plus suggests that you
read our Privacy Policy before deciding whether to use this Site, Ring Plus’
Phone System, and any and all other Ring Plus products or services.
6.
Site Use and License. Your
use of this Site is at our discretion. We hereby grant you a limited,
revocable, non-exclusive, worldwide, fully-paid, royalty-free license to use
this Site solely for your own personal use and not for
commercial use or other use. You agree not to copy materials on the Site,
reverse engineer or break into the Site, or use materials, products, or
services in violation of any law.
7.
Customer Submissions. We
reserve the right, and you authorize us, to use and assign all information
regarding your use of this Site and all information provided by you in any
manner consistent with our Privacy Policy. All customer
communications, comments, feedback, information, suggestions, and materials
(“Submissions”) submitted to us by you are not confidential and shall become
and remain our property. We reserve the right to use any such Submissions.
By making Submissions to us, you hereby grant Ring Plus and its
affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable,
and sub-licensable right to use such Submissions without limitation or
compensation. You make the following representations regarding your
Submissions: they shall be lawful and fit for publication; you have made
reasonable efforts to remove viruses or other destructive features before
submission; you own the Submissions or have unlimited rights to provide them
to us; you agree not to take action against us regarding any such
Submissions; and you agree to indemnify us from third-party claims regarding
any such Submissions. We shall have no obligation to respond to
Submissions.
8.
Intellectual Property. All
content included on this Site is and shall continue to be the property of
Ring Plus, our licensors, or our advertisers, and is protected under
applicable copyright, patent, trademark, and other proprietary rights. Any
copying, redistribution, use, or publication by you of any such content or
any part of the Site is prohibited, except as expressly permitted in this
Agreement or a separate writing signed by us. Under no circumstances will
you acquire any ownership rights or other interest in any content by or
through your use of this Site. We consent to you browsing this Site or
storing the Site pages on your computer, or printing of the Site pages, for
your personal, non-commercial, and informational use only, unless otherwise
consented to by us in writing. This limited consent shall terminate
automatically if you breach any of these Terms and Conditions of Use.
Upon such termination, you shall immediately destroy all Site content in
your possession.
(a)
Copyrights. All copyrighted or copyrightable
material on this Site, including without limitation, the design, text,
product information, graphics, images, pictures, and other files, and the
selection, arrangement, format, and layout thereof are protected in the U.S.
and in other countries by a variety of laws including but not limited to
copyright laws and treaty provisions. Our images of people, products,
services, or places in this Site are either our property or our licensors’.
(b)
Trademarks. Ring Plus,
www.RingPlus.net, and others are the
service marks, trademarks, or registered trademarks of Ring Plus or its
licensors. Other product and company names mentioned on this Site may be
trademarks of their respective owners. All page headers, custom
graphics, button icons, and scripts are our service marks, trademarks,
and/or trade dress.
(c)
Patents. One or more patents may apply to this
Site, and shall remain the property of Ring Plus or our licensor(s).
(d)
Infringement. If you believe your work or property
has been copied in a way that constitutes infringement, please provide a
notice containing all of the following information to our Infringement
Agent:
(e)
An electronic or physical signature of the person authorized to act on
behalf of the owner of the property of interest;
(f)
A description of the work or property that you claim has been
infringed;
(g)
A description of where the work or property that you claim is
infringing is located on the Site;
(h)
Your address, telephone number, and e-mail address;
(i)
A statement by you that you have a good faith belief that
the disputed use is not authorized by the work or property owner, its agent,
or the law; and
(j)
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the work or
property owner or authorized to act on the work or property owner's behalf.
(k)
Our Infringement Agent for Notice of claims of infringement on this
Site is Jerry Mowery, who can be reached at
jerrylmowery@jlmj.com.
9.
Framing. If you want to frame
any of the pages of this Site so as to be accessible through your website,
you must get permission from us. To submit your request, please send
an e-mail to us stating your request, the reason for your request, and
provide a link to your website. We will notify you by e-mail with our
approval or denial of your request.
10.
Links. We may, for your
convenience, include in this Site links to other websites owned by third
parties. You link to, or use, such websites at your own risk, and you
should review the terms of use of any such site. We have no control
over any such websites, and assume no responsibility or liability for any
content of such websites. We do not endorse the products or services
of any such website.
11.
Compliance with Laws. You
agree to comply with all applicable laws regarding your use of this Site.
You further agree that information provided by you is truthful and accurate
to the best of your knowledge.
12.
Your Account. By using this
Site, you agree that you are responsible for protecting the confidentiality
of your account, profile, user identification, and password, if any, for
restricting access to your computer, and that you will take full
responsibility for all activities that occur on your account. We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion. We, pursuant to our
Terms of Sale, do not issue refunds or accept returns, except authorized
exchanges.
13.
Children. Ring Plus does not
offer to sell products to children under the age of 18 (eighteen). By
using this Site, you are representing to us that you are 18 (eighteen) years
old or older. We will not be responsible or liable for any damages
that may result from misrepresentation of age by a user of our Site or your
account.
14.
Indemnification. You agree to
indemnify, defend, and hold Ring Plus and its partners, employees, and
affiliates harmless from any liability, loss, claim, and expense, including
reasonable attorney's fees, related to your violation of this Agreement or
use of this Site.
15.
Disclaimer OF WARRANTIES.
THE INFORMATION ON THIS
16.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL RING PLUS OR ITS OFFICERS, DIRECTORS,
SHAREHOLDERS OR EMPLOYEES, IF ANY, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY,
PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN ANY WAY RELATING TO THIS
17.
Exceptions to Warranties Disclaimers and
Liability Limitations. You may have additional rights under
certain laws (including consumer laws) which do not allow the exclusion of
implied warranties, or the exclusion or limitation of certain damages. If
these laws apply to you, the exclusions or limitations in this Agreement
that directly conflict with such laws may not apply to you.
18.
Governing Law; Venue. You
agree that the laws of the state of California, without regard to conflicts
of laws provisions, will govern this Agreement and any dispute, action,
suit, or proceeding that may arise between you and Ring Plus or its
affiliates over this Agreement or your use of this Site. You agree
that venue for any legal action arising out of this Agreement or your use of
this Site shall reside exclusively in Los Angeles County and the Central
District for the State of California. Ring Plus controls this Site
from within the State of California. We do not claim, assert, or imply
that the materials and policies of this Site are appropriate for use, or
comply with any local laws, outside the U.S. If you use this Site
outside the U.S., you are responsible for complying with all such local
laws.
19.
Severability. If any
provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the remainder of that
provision and this Agreement will otherwise remain in full force and effect.
20.
Termination. Ring Plus may at
any time, with or without notice, and for any reason, terminate this
Agreement, your ability to use this Site or your account, and to block your
future access to, or use of, this Site.
21.
Entire Agreement. This
Agreement constitutes the entire understanding and agreement between you and
Ring Plus with respect to the subject matter of this Agreement, and
supersedes all prior and contemporaneous agreements, express or implied,
written or oral, between you and us.
22.
Modification; Waiver. Any
term or provision of this Agreement may be amended or waived only by a
writing signed by Ring Plus. The waiver by us of any breach of this
Agreement shall not be deemed to constitute a waiver of any other succeeding
breach.
23.
Questions. You can always
contact us if you have any questions about our Terms and Conditions of Use
by sending an e-mail at info@RingPlus.net.
24.
Headings. Headings contained
in this Agreement are for reference purposes only and do not constitute part
of this Agreement.