fring™ Terms of Use

The terms and conditions set forth below (the "Terms") govern your use of the website and the services associated with it (the "Site") of fringland Ltd. (“fring”). By using the Site, you (“You” and “Your”) agree to be bound by (1) the Terms and (2) fringland’s Privacy Policy, available at www.fring.com/privacy (“Privacy Policy”). If you download or use fring’s software or services, you also agree to be bound by the fring software end-user license, available at www.fring.com/license PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. If You do not agree with the Terms or Privacy Policy, do not access or otherwise use the Site or any information or offerings contained herein. We reserve the right, at our discretion, to modify these Terms at any time, which will be effective 10 days following the posting of the modification to the Site or providing notice to You (by inclusion in newsletter or otherwise), whichever occurs first, and will apply to causes of action arising after the effective date of the change. Please check these Terms periodically for changes. Your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to You, whichever occurs first, will mean You accept those changes.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Site (the "Software") is the copyrighted work of fring. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. As further indicated in the License Agreement, fring does not provide 911 or Emergency Services in connection with use of the Software.

Links to Third Party Sites

This Site may be linked to other websites. Such links do not constitute an endorsement by fring of those sites. You acknowledge that fring is providing these links to You only as a convenience, and You agree that fring is not responsible for the content of those sites.

Your Submissions

The Site permits the submission of content by You and other users including but not limited to, documents, suggestions, feedback and/or proposals (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site including but not limited to, via blogs, forums and support webpages. You understand that whether or not such User Submissions are published, fring does not guarantee any confidentiality with respect to any User Submissions. You agree that any content provided by You in connection with the Site is provided on a non-proprietary, non-exclusive and non-confidential basis. By submitting Your User Submission You represent and warrant that: (i) You own or have the necessary rights and permissions to use and authorize fring to use all Intellectual Property Rights (as defined below) in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms, (ii) Your User Submissions do not contain confidential or proprietary information, (iii) fring is not under any obligation of confidentiality, express or implied, with respect to the User Submission, (iv) fring shall be entitled to use or disclose (or choose not to use or disclose) such User Submission for any purpose, in any way, in any media worldwide, (v) fring may have something similar to the User Submission already under consideration or in development. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You agree that by submitting Your User Submissions, You hereby automatically assign all Intellectual Property Rights in the User Submissions to fring and transfer ownership to fring for all purposes. You agree that You will not be paid for submitting the User Submission to the Site and You will not be paid if and when Your User Submission is published on the Site or used elsewhere. fring shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that You shall be solely responsible for such content and the consequences of posting or publishing them, including its legality, and You waive any “moral rights” in such content. You may not submit or publish through fring any content that is: (a) libelous, defamatory, pornographic, an invasion of privacy, threatening, harassing, ethnically offensive, obscene, abusive, illegal, racist, offensive, harmful to minors or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (b) an infringement of any intellectual property rights of a third party or would otherwise violate the privacy or other rights of any third party, (c) advertisements or solicitations of business, (d) falsehoods or misrepresentations that could damage fring or any third party, or (e) impersonations of another person. fring does not endorse any submission of content or any opinion, recommendation or advice expressed therein, and fring expressly disclaims any and all liability in connection with any user submissions.

You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that fring is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against fring or other users with respect thereto and You agree to indemnify and hold fring, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content You submit, post to or transmit through the Site, Your use of the Site, or Your violation of any rights of another person or entity.

Proprietary Rights

The content on the Site, including without limitation, all User Submissions, the text, documents, products, software, scripts, graphics, photos, sounds and services provided on this Site and any other content on the Site ("Material") and the trademarks, service marks and logos contained therein, are owned by or licensed to fring. Material on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without fring’s prior written consent. fring reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Material for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Material or enforce limitations on use of the Site.

LIMITATION OF LIABILITY AND WARRANTY

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE FOR PAYMENT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FRING, SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FRING DOES NOT WARRANT THAT THE SITE, SERVICES OR MATERIALS WILL PROVIDE UNINTERRUPTED OR ERROR-FREE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT FRING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FRING DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, MATERIAL, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE. YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER FRING USERS. UNDER NO CIRCUMSTANCES SHALL FRING, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SERVICES, MATERIALS OR THE SITE EVEN IF FRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM FRING OR FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES.

FRING DOES NOT PROVIDE EMERGENCY SERVICES IN CONJUNCTION WITH THE VOIP SERVICE OR ANY OTHER SERVICES. "EMERGENCY SERVICES" ARE SERVICES THAT CONNECT A USER TO EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS PURSUANT TO APPLICABLE LOCAL AND OR NATIONAL REGULATORY REQUIREMENTS. NEITHER FRING NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE USE OF VOIP SERVICE OR ANY OTHER SERVICE PROVIDED HEREUNDER TO CONTACT EMERGENCY SERVICES. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS FRING, FRING STAFF, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES ANY SERVICES TO YOU IN CONNECTION WITH THE VOIP SERVICE OR ANY OTHER SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE VOIP SERVICE OR ANY OTHER SERVICE PROVIDED HEREUNDER, INCLUDING SPECIFICALLY ANY CLAIMS ARISING OUT OF THE FAILURE OF FRING TO OFFER EMERGENCY SERVICES.

Alternative Arrangements.

By agreeing to these Terms of Service You acknowledge and accept that fring does not offer Emergency Services. You understand that alternative arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from VoIP or other service, traditional wireless or wireline telephone service that offers access to Emergency Services.

No Compulsion to Offer Emergency Services.

You recognize and agree that fring is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that fring is not a replacement for Your primary telephone service.

No emergency calls.

You expressly acknowledge and agree that the service provided by fring does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and that fring is not liable in any manner for such calls. In the event that another user uses Your account, You are responsible to inform that user that it is not possible to support or carry emergency calls with the fring VoIP or other service.

Legal Compliance; Export Control

You acknowledge that the Materials provided on this Site may be subject to export control and other laws. You agree to comply with all such laws.

Trademarks

“fring”, fringLAND”, "fringOUT", "fring Playgrounds" and the logos associated therewith are trademarks of fring. Other product names or service marks mentioned herein may be trademarks or registered trademarks of their respective owners and are hereby acknowledged.

Copyright Policy

fring respects the intellectual property of others, and we ask our users to do the same. fring may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the Intellectual Property Rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide fring's Copyright Agent the following information:

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, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that You claim is infringing is located on the Site, including the URL;
your address, telephone number, and email 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; and
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.

fring's Copyright Agent for notice of claims of copyright infringement can be reached as follows: By mail: B.S.R Towers - 2, 1 Ben-Gurion st., Bney-Brak, 51201 Israel. By fax: +972 3 644-7230 By email: copyright@fring.com

Open Source Code Download

Software may make use of open source code and be subject to associated licenses. You can download the following open source code and refer to the licenses as indicated:

speexs
http://www.speex.org/downloads/

ffmpeg
http://www.ffmpeg.org/download.html

Ability to Accept Terms

You affirm that you are able by law to enter into these Terms, or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You affirm that You are permitted by law and by your contractual arrangements with your phone and other service providers to download the Software and use the fring VoIP and other services.

Termination

These Terms are effective until terminated. Unauthorized copying of the Materials or otherwise failing to comply with these Terms will result in automatic immediate termination of Your right to access the Site and use the Materials and will make available to fring other legal remedies. In such circumstances, licenses granted under the Site will terminate and You: (i) will cease any and all use of the Software, and (ii) will remove the Software from all hard drives, cellphones, networks and other similar devices and storage media and destroy all copies of the Software in Your possession or under Your control. The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.

Miscellaneous

This Site may include inaccuracies, typographical errors or information which is not current. fring (or its third party providers) may make improvements, updates and/or changes in the Materials described in this Site, if any, at any time without notice. Such updates and revisions will be supplied according to fring's then prevailing policies. These Terms as they may be amended represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Israel without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in Tel Aviv-Yafo, Israel only, provided that fring may pursue equitable or injunctive relief in any court of competent jurisdiction, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted and construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of fring to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and fring and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.

Last revised: September, 2011.