PLEASE
READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING
THIS SITE.
As used herein, the phrase “this
Site” refers to RingFactory.net, which is owned
and operated by Bling Software Limited. By using this
Site, you indicate your acceptance of these Terms &
Conditions. If you do not agree to these Terms &
Conditions, you have no right or license to access this
Site and you should not do so.
Bling Software Limited reserves the
right, in its sole discretion, to change, modify or
otherwise update these Terms & Conditions at any
time, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, updates or additions shall be effective
immediately upon notice thereof, which may be given
by means including, but not limited to, posting on this
Site, or by electronic or conventional mail, or by any
other means by which you obtain notice thereof. Your
use of this Site after such notice shall be deemed to
constitute your acceptance of such changes, modifications,
updates or additions.
Bling Software Limited may change,
suspend or discontinue any aspect of the Site at any
time, including the availability of any feature or content.
Bling Software Limited may also impose limits on certain
features and services or restrict your access to parts
or the entire Site without notice or liability.
USE OF
MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS
AND RESTRICTIONS
All materials published on this Site
(including but not limited to articles, photographs,
images, illustrations, audio clips and video clips)
are protected by copyrights that are owned and controlled
by Bling Software Limited or the party credited as the
provider of the material. The entire contents of this
Site are also copyrighted as a collective work under
the United States copyright laws, and the selection,
coordination, arrangement and enhancement of such content
are protected by copyright. You shall abide by all copyright
notices and other restrictions contained in any material
accessed through the Site. No material from this Site
may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that
you may download one copy of the materials on any single
computer for your personal, noncommercial home use,
and may print one hard copy of the material on this
Site for your personal, noncommercial use, provided
you keep intact all copyright and other proprietary
notices. You acknowledge that you do not acquire any
ownership rights by downloading or printing copyrighted
material. Modification of the materials or use of the
materials for any purpose other than personal, noncommercial
use is a violation of the respective owners’ copyrights
and other proprietary rights. The use of any such material
on any other Website or networked computer environment
is prohibited.
All trademarks, service marks, and
trade names are proprietary to Bling Software Limited
or the other designated owner of a posted mark. Elements
of this Site are protected by trade dress and other
laws and may not be copied or imitated in whole or in
part.
SUBMISSIONS
AND PUBLIC FORUMS
To the extent this Site includes chat
areas, message boards, e-mail and other interactive
functions (“Forums”) that allow feedback
and submissions to Bling Software Limited and real-time
interaction between users, only registered users who
have expressly indicated their agreement to these Terms
& Conditions may use any of these Forums. Registration
consists of identifying oneself, giving a screen name
and password, and expressly indicating by means of clicking
on an applicable box or boxes the user’s acceptance
of these Terms & Conditions. Terms & Conditions
directly applicable to use of such Forums include the
following:
1. You understand
that all information, data, text, software, music, sound,
photographs, graphics, video, messages, communications
or other materials (“Content”), whether
publicly posted or privately transmitted, that you submit
to any of the Forums are your sole responsibility. This
means that you, and not Bling Software Limited, are
entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Forums.
2. Bling Software
Limited does not endorse or control the Content delivered
to this Site, and Bling Software Limited has no obligation
to monitor such Content. As such, Bling Software Limited
does not guarantee the accuracy, integrity or quality
of any such Content. Bling Software Limited reserves
the right (but not the obligation), however, in its
sole discretion, to edit, refuse to post or to delete
any Content, in whole or in part, that is in violation
of these Terms & Conditions or that it deems to
be objectionable or unacceptable for any reason whatsoever.
3. Bling Software
Limited further reserves the right at all times to preserve
any Content or to disclose any Content as necessary
to satisfy any law, regulation or governmental request
or any good-faith belief that such preservation or disclosure
is necessary to (a) comply with legal process; (b) enforce
these Terms & Conditions; (c) respond to claims
that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety
of Bling Software Limited, its users and the public.
4. You understand
that by using the Site, including its Forums, you may
be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Bling Software
Limited be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed
or otherwise transmitted via the Site, including its
Forums.
5. It is a condition
of your access and use of this Site that you do not:
a. Restrict or inhibit any other user from using and
enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but
not limited to, an employee or representative of Bling
Software Limited, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
by means of this Site;
e. Upload, post, email or otherwise distribute, publish
or transmit on this Site any Content that you do not
have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f. Upload, post, email or otherwise distribute, publish
or transmit on this Site any unlawful, harmful, threatening,
abusive, harassing, invasive of another’s privacy,
libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including
without limitation any transmission constituting or
encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or foreign law;
g. Upload, post, email or otherwise distribute, publish
or transmit on this Site any information, software or
other material that violates or infringes upon the rights
of others, including material that is an invasion of
privacy or publicity rights or which is protected by
patent, copyright, trademark, trade secret or other
proprietary right, or derivative works with respect
thereto, without first obtaining permission from the
owner or right holder;
h. Upload, post, email or otherwise distribute, publish
or transmit on this Site any information, software or
other material that contains a virus or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware or telecommunications equipment, or any
other harmful component;
i. Upload, post, email or otherwise distribute, publish
or transmit on this Site or in any way exploit any information,
software or other material for commercial purposes or
which contains any form of solicitation (including,
but not limited to, “junk mail,” “spam,”
“chain letters,” and “pyramid schemes”),
advertising, promotion or marketing for goods or services;
j. Disrupt the normal flow of dialogue, cause a screen
to “scroll” faster than other users of the
Site are able to type, or otherwise act in a manner
that negatively affects other users’ ability to
engage in real time exchanges;
k. Interfere with or disrupt the Site or servers or
networks serving the Site, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Site;
l. Intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having
the force of law;
m. ”Stalk” or otherwise harass another;
or
n. Collect or store personal data about other users.
6. By posting or submitting
any materials (including but not limited to any remarks,
ideas, graphics, photos, comments, product concepts,
advertising concepts or ideas, or suggestions for improving
or changing existing content) to this Site, you automatically
grant (or warrant that the owner of such rights has
expressly granted) to Bling Software Limited a royalty-free,
nonexclusive, perpetual and irrevocable right and license
to use, reproduce, modify, publish and distribute such
materials or incorporate such materials into any form
or technology now known or later developed, and you
waive any moral rights you may have in having the material
altered or changed in a manner not agreeable to you.
7. You warrant that
any materials you upload, post, email or otherwise distribute,
publish or transmit on this Site contains nothing that
will give rise to civil liability or otherwise violate
any local, state, national or foreign law, including
nothing that is harmful, threatening, abusive, harassing,
invasive of another’s privacy or publicity rights,
defamatory, obscene, vulgar, pornographic, profane or
indecent, or that constitutes an infringement of anyone’s
patent, copyright, trademark, trade secret or other
proprietary right, or derivative rights with respect
thereto.
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used on the Site
in a way that constitutes copyright infringement, please
provide Bling Software Limited’s copyright agent
with the written information specified below. Please
note that this procedure is exclusively for notifying
Bling Software Limited that your copyrighted material
has been infringed.
• An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
• A description of the copyrighted work that you
claim has been infringed upon;
• A description of where the material that you
claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith
belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Bling Software Limited’s Copyright Agent for notice
of claims of copyright infringement on its site can
be reached as follows:
Copyright Agent
Bling Software Limited
Address 57/63 Line Wall Road
Gibraltar
e-mail: copyright@RingFactory.net
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this
Site is governed by the terms and conditions of the
sales transaction with the provider of the product.
WITH RESPECT TO PRODUCTS OF PARTIES OTHER THAN BLING
SOFTWARE LIMITED PURCHASED FROM THIS SITE (“THIRD-PARTY
PRODUCTS”), BLING SOFTWARE LIMITED MAKES NO WARRANTY
AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Bling Software
Limited does not have any responsibility for the processing
or delivery of third-party products purchased from this
Site. Bling Software Limited attempts to describe all
of such third-party products on the Site as accurately
as possible. However, Bling Software Limited does not
warrant that such product descriptions or other Content
of this Site is accurate, complete, reliable, current
or error-free. If a third-party product offered on our
Site itself is not as described, your sole remedy is
to return it in unused condition.
LINKED
SITES
RingFactory.net may contain links and
pointers to internet sites maintained by others (“Third
Party Sites”). The appearance of a link does not
imply Bling Software Limited’s endorsement. Bling
Software Limited has not reviewed all of the Third Party
Sites linked to the Site and is not responsible for
the contents of or any products or services offered
in such Third Party Sites. You access them at your sole
risk, and you should direct any concerns regarding any
Third Party Site to its Site administrator or Webmaster.
JURISDICTIONAL
ISSUES
The Site is controlled and operated
by Bling Software Limited from its headquarters in Gibraltar.
Bling Software Limited makes no representation that
materials in the Site are appropriate or available for
use in other locations. Those who choose to access this
Site from other locations do so on their own initiative
and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
This agreement shall be governed by,
construed and enforced in accordance with the laws of
Gibraltar, and any disputes arising in respect of it
shall be determined in the exclusive jurisdiction of
the Supreme Court of Gibraltar.
ENFORCEABILITY
AND TERMINATION OF AGREEMENT
If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severed from this
agreement and shall not affect the validity and enforceability
of any remaining provisions. These Terms & Conditions,
together with any other terms, conditions or policies
set forth elsewhere in this Site, constitute the entire
agreement between you and Bling Software Limited in
connection with your access and use of this Site.
Bling Software Limited may, in its
sole discretion, terminate or suspend your access to
all or part of this Site for any reason, including,
without limitation, failure to comply with any of these
Terms & Conditions. Upon termination, you must destroy
all materials obtained from this Site and all copies
thereof, whether made under the terms of this agreement
or otherwise. In the event of termination, you are no
longer authorized to access or use this Site, and the
restrictions imposed on you with respect to materials
downloaded from this Site and the disclaimers and limitations
of liabilities set forth in this agreement shall survive.
DISCLAIMER
Your access to and use of this Site
is at your sole risk. If you are dissatisfied with any
of the materials contained in this Site, or with any
of these Terms & Conditions, your sole and exclusive
remedy is to discontinue accessing and using this Site.
THE MATERIALS IN THIS SITE AND ALL
DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, BLING SOFTWARE LIMITED AND ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THIS WEBSITE AND ANY AFFILIATED WEBSITE
WITH WHICH IT IS LINKED. BLING SOFTWARE LIMITED DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS,
INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS
SITE. BLING SOFTWARE LIMITED DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by
applicable law, Bling Software Limited and all officers,
directors, owners, employees, agents, information providers,
affiliates, licensors and licensees (all of the foregoing,
collectively, the “Indemnified Parties”)
shall in no event be liable for any claims, charges,
demands, damages, liabilities, losses, or expenses of
whatever nature and howsoever arising, including without
limitation any compensatory, incidental, direct, indirect,
special, punitive, or consequential damages, loss of
use, loss of data, loss caused by a computer or electronic
virus, loss of income or profit, loss of or damage to
property, claims of third parties, or other losses of
any kind or character, even if Bling Software Limited
or the Indemnified Parties have been advised of the
possibility of such damages or losses, arising out of
or in connection with the use of this Site or any Website
with which it is linked. You assume total responsibility
for establishing such procedures for data backup and
virus checking as you consider necessary.
You hereby agree to indemnify, defend
and hold harmless Bling Software Limited and the Indemnified
Parties from and against any and all claims, charges,
demands, damages, liabilities, losses, and expenses
of whatever nature and howsoever arising (including
but not limited to any legal or other professional fees
and the costs of defending or prosecuting any claim
and any loss of profit, goodwill, and any other direct
or consequential loss) incurred or suffered by Bling
Software Limited and the Indemnified Parties, directly
or indirectly, by reason of any act or omission that
you commit in breach of these Terms & Conditions
(including but not limited to your obligations, representations
and warranties contained herein) and any other terms
and conditions or policies set forth elsewhere in this
Site. You shall cooperate as fully as reasonably required
in the defense of any claim. Bling Software Limited
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you.
Because you have acknowledged that,
at its sole discretion and for any reason, Bling Software
Limited may edit, refuse to post or to delete any Content
that you post, in whole or in part, and may terminate
or suspend your access to all or part of this Site,
that you have granted (or warranted that the owner of
such rights has expressly granted) to Bling Software
Limited a royalty-free, nonexclusive, perpetual and
irrevocable right and license to use, reproduce, modify,
publish and distribute any Content that you post, such
materials or incorporate such materials into any form
or technology now known or later developed, and that
you have waived any moral rights you may have in such
Content, if you unsuccessfully prosecute a claim against
Bling Software Limited and/or any of the Indemnified
Parties that arises from its exercise of its rights
to edit, refuse to post or to delete any Content that
you post, to terminate or suspend your access to all
or part of this Site, to use its royalty-free, nonexclusive,
perpetual and irrevocable right and license to use,
reproduce, modify, publish and distribute any Content
that you post, or seeking to recover for violation of
your moral rights, you hereby agree to reimburse Bling
Software Limited and/or the Indemnified Parties for
all costs of defending any such claim, including but
not limited to any legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process,
you will select a password and a subscriber ID. You
also have to give us certain registration information,
all of which must be accurate and updated.
a. You may not (i) select or use a
subscriber ID of another person with the intent to impersonate
that person; (ii) use a subscriber ID in which another
person has rights without such person’s authorization;
or (iii) use a subscriber ID that Bling Software Limited,
in its sole discretion, deems offensive. Failure to
comply with the foregoing shall constitute a breach
of this Agreement, which may result in immediate termination
of your account.
b. You shall be responsible for maintaining
the confidentiality of your password, which you will
not have to reveal to any representative or agent of
Bling Software Limited.
c. You shall notify Bling Software
Limited at info@RingFactory.net of any known or suspected
unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft,
or unauthorized disclosure of your password or credit
card information.
d. You may share your password and
subscriber ID with others, but you are responsible for
all usage or activity on your RingFactory.net account,
including use of the account by any third party authorized
by you to use your subscriber ID and password. Any fraudulent,
abusive, or otherwise illegal activity may be grounds
for termination of your account, at Bling Software Limited’s
sole discretion, and Bling Software Limited may refer
you to appropriate law enforcement agencies.
SOFTWARE
AVAILABLE ON THIS SITE
Any software that is made available
to download from this Site, including any files or images
incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”),
is the copyrighted work of the indicated author of the
Software. Use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies
or is included with the Software (“License Agreement”).
An end user will be unable to install any Software that
is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Licensor (as defined in the License Agreement) and/or
its affiliates retain full and complete title to the
Software itself and all intellectual property rights
therein. You may not redistribute, sell, decompile,
reverse-engineer or otherwise disassemble the Software.
BLING SOFTWARE LIMITED MAKES NO WARRANTY AS TO THE QUALITY
OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. Software from this Site may be
further subject to United States export controls. No
software from this Site may be downloaded or otherwise
exported or re-exported into (or to a national or resident
of) any country to which the U.S. has embargoed goods.
By downloading or using the Software, you represent
and warrant that you are not located in, under the control
of, or a national or resident of any such country.
MINORS
Please read the RingFactory.net Privacy
Policy, in particular the Policy for Minors,
for more information regarding the collection of personal
information from children. |