terms of service

 

BETA TEST TERMS OF SERVICE
The following are the Beta Test Terms of Service (the "Agreement") that will govern the relationship between the individual signifying acceptance below ("You" or "Your") and Brring!, Inc., a Delaware corporation ("Brring!"), as You participate in the testing of the Service described below (the "Beta Test" or the "Service"). Please confirm that You have read and that You agree to these Beta Test Terms of Service by clicking the "I Agree, Continue" button below. If You do not wish to accept these Beta Test Terms of Service, click on the button "I Do Not Agree" below. By clicking the "I Agree, Continue" button below or by participating in the Beta Test, You are agreeing to be bound by these Beta Test Terms of Service.

Pursuant to the Children's Online Privacy Protection Act ("COPPA"), we require that You be at least 13 years old to participate in the Beta Test. If You are not at least 13 years old, do not click the "I Agree, Continue" button below.

1. DESCRIPTION OF SERVICE AND LIMITATIONS
As part of the Beta Test: * Brring! will assign to You a new telephone number (the "Brring! Number"), at Brring!'s expense;
* You will associate the Brring! Number with an existing telephone number that already belongs to You (Your "Private Number"), the cost of which You will continue to pay;
* You will share Your Brring! Number with people who wish to telephone You;
* When people call You on Your Brring! Number, they will hear a short commercial message (typically less than 10 seconds) and then the ringback tone of Your choice while the call is connected;
* The call will be forwarded to Your Private Number and the communication shall proceed as if the caller had dialed Your Private Number directly (the "Service"). Your access to the Service is for developmental purposes only and is given to You, individually, and not any business or employer with which You're associated.
* You will be compensated for using the Service, only as described at www.brring.com/p_earn.php. Abuse of the service, including but not limited to misrepresentation of the Brring! Number or excessive call volumes, will result in revocation of rewards and immediate termination of this Agreement.

2. REPORTING
You agree to update Your address information as needed and to complete and return any evaluation questionnaires sent to You by Brring!.

3. PRIVACY
You understand that registration data and certain other information about You is subject to Brring!'s Beta Test Privacy Policy (the "Privacy Policy"). For more information, see full Privacy Policy at http://www.brring.com/privacy/. You understand that through Your use of the Service You consent to be bound by the Privacy Policy, as updated.

4. TERM AND TERMINATION
The Beta Test is expected to run for several months, ending upon Brring!'s notice, though either party may terminate this Agreement at any time for any reason by notifying the other. Upon termination Your access to the Service and use of the Brring! Number will end, except that Sections 3-11 will survive.

5. OWNERSHIP OF THE SERVICE
You agree that Brring! owns and will own all rights, title and interests of every kind whatsoever in and to the Service, including in all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. You have no rights to use the Service or Brring! Number after the Beta Test (or Your participation in it) ends. You agree that any reports, ideas, suggestions, or improvements regarding the Service that You share with Brring! shall also belong to Brring! and Brring! shall be free to use these without restrictions or conditions and without any payment or accounting to You.

6. RISKS
You understand that the Service is not commercially available, may never be commercially released, and may have errors or produce unexpected results. You agree that any use of the beta version of the Service, whether as part of this Beta Test or otherwise, will be entirely at Your own risk.

7. LINKS
Brring! may provide links to other World Wide Web sites or resources. Because Brring! has no control over such sites and resources, You acknowledge and agree that Brring! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Brring! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Brring! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. CHANGES TO TERMS OF SERVICE AND PRIVACY POLICY
In the event of any changes to the Brring! Beta Test Terms of Service (http://www.brring.com/tos) or the Brring! Beta Test Privacy Policy (http://www.brring.com/privacy) You will always be able to find the latest version at the above referenced URLs. If we do make material changes to the Privacy Policy or the Beta Test Terms of Service, we will post the changes at the above referenced URLs or email you a notice or send you a notice by regular mail, in each case indicating the effective date. Your continued use of the Service or www.brring.com after such notice constitutes your acceptance, respectively, of the modified Privacy Policy or modified Beta Test Terms of Service.

10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICE AND ANY SUPPORT FROM BRRING! ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. BRRING! SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BRRING! BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST TELEPHONE CALLS, DATA, SOFTWARE OR TELEPHONE FAILURE OR ANY OTHER CAUSE, EVEN IF BRRING! IS ADVISED OF THEIR POSSIBILITY, OR FOR ANY OTHER CLAIM BY YOU, OR FOR ANY THIRD PARTY CLAIM. Some states limit or deny the right to disclaim warranties or limit liability so the above may not apply to You.

11. GENERAL PROVISIONS
No agency, partnership, joint venture, or other joint relationship is created by this Agreement. This document and any referenced supplements are a complete statement of the parties' contract, and any change or addition must be in a writing signed by both parties. The substantive law of Massachusetts shall govern this Agreement. Each party hereby submits to the jurisdiction of the Federal and state courts located in Massachusetts for proceedings related to the Services or this Agreement.