TERMS AND CONDITIONS
Please read these terms of service (hereinafter referred to as “Terms”) carefully before using the PingBing mobile application (hereinafter referred to as “Service”) owned, controlled and operated by V-Mobile LLC (hereinafter referred to as “V-Mobile”).
By accessing or using our services, you represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction and agree to be bound by these Terms as amended from time to time. If you disagree with any part of these Terms, then you may not access PingBing.
The Service: Our Service allows you to create and transfer voice messages to other users of PingBing. While creating and transferring voice messages, you will hold the rights to such content (hereinafter referred to as “Content”).
V-Mobile does not claim ownership of the Content you created. However, you hereby grant to us a non-exclusive, royalty-free, sub-licensable and worldwide license to use your Content in accordance with these Terms.
Costs: PingBing is free and there is no cost for accessing or using our Service.
Age: You must be at least 13 years old to use PingBing.
Privacy: By using PingBing you must provide username. Alternatively, you may access and use PingBing via your Facebook and/or Twitter accounts. While agreeing to these Terms, you also agree, acknowledge and accept that PingBing may have access to and use your contacts on Facebook and/or Twitter and/or LinkedIn. You also acknowledge that we may receive certain information about you, which is stored on the mentioned sites if users of those sites give us access to their profiles and you are one of their contacts, depending on your settings on those sites.
Please be informed that we collect the minimum amount of information that is necessary to achieve the purposes stated below:
- it may be used to assess, evaluate and improve our existing Service, diagnose service or technical problems and may help us develop new services;
- it may be used to offer you content individually tailored for you and to send you special offers and notifications that in our opinion fit your interests mostly.
Security: The security of the information provided by you is important to us. We strive to use commercially acceptable means to protect your information. However, we cannot guarantee absolute security of your information.
Links to Other Web Sites: PingBing may contain links to third party web sites or services that are not owned or controlled by V-Mobile.
V-Mobile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that V-Mobile shall not be held 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 web sites or services. Your access to and use of such web sites or services are subject to the terms and conditions of the respective third parties.
Intellectual Property: All copyright, patents, trademarks, industrial designs and any other intellectual property rights (registered or unregistered) in PingBing shall belong to V-Mobile. Nothing in these Terms grants you a right to use any copyright, patent, trademark, industrial design, trade secret or any other intellectual property owned, controlled or licensed by V-Mobile or any third party except as expressly provided in these Terms.
The name and logo of PingBing are trademarks of V-Mobile, and may not be reproduced or otherwise used, in whole or in part, without our prior written permission.
Restrictions: As a condition of use, you promise not to use PingBing for any purpose that is unlawful or prohibited by these Terms or any other purpose that is in violation with public and moral rights. These include, without limitation, the following:
- abusing, harassing, intimidating any other person;
- transmitting or causing to be transmitted any content that is defamatory, libelous, offensive, pornographic, profane, hateful or that infringes the copyright or any other right of any other person;
- transmitting or causing to be transmitted any communication designed or intended to obtain password, account, or private information from any other user of PingBing;
- attempting to restrict other users from using the Service;
- advertising, soliciting any user to buy or sell any products or services, or use of any information obtained from PingBing in order to contact, advertise, solicit or sell to any other user without their prior explicit consent.
V-Mobile shall have the right to limit the availability of the entire or part of the Service to geographic areas, jurisdictions and persons in its sole discretion at any time.
Communication with Other Users: You acknowledge, accept and agree that V-Mobile will not be responsible for your communication with other users of PingBing.
Technical Problems: There may be occasions when the Service may be interrupted or there may be any other technical difficulties in connection with the access to and/or use of the Service. You acknowledge that in such cases V-Mobile shall not be liable for suspension, discontinuation, disruption, imperfection of or changes to the Services.
Changes: V-Mobile reserves the right, in its sole discretion, to modify or replace these Terms at any time; these changes do not affect rights and obligations that arose prior to such changes. If a revision is material, V-Mobile will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at V-Mobile’s sole discretion.
Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER V-MOBILE NOR ANY OF ITS PARTNER OR AFFILIATED COMPANIES, NOR ANY OF ITS OR ITS PARTNER OR AFFILIATED COMPANIES’ EMPLOYEES, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS THAT THE INFORMATION ON THE SERVICE IS ACCURATE, SAFE AND COMPLETE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Limitation of Liability: IN NO EVENT SHALL V-MOBILE OR ANY OF ITS PARTNER OR AFFILIATED COMPANIES, ANY OF ITS OR ITS PARTNER OR AFFILIATED COMPANIES’ EMPLOYEES, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSS ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE SERVICE.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of Armenia. In the event any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of remaining provisions shall not be affected. Failure of V-Mobile to insist upon or enforce any provision or right provided under these Terms shall not be construed as a waiver of such provision or right.
Settlement of Disputes: All the disputes arising out of or in connection with these Terms shall be resolved through arbitration. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The arbitral tribunal shall not be authorised to grant, and you agree that you will not seek from any judicial authority, any interim measures or pre-award relief against V-Mobile, any provisions of the UNCITRAL Arbitration Rules notwithstanding.
Assignment: You may not assign any rights or delegate any obligations under these Terms without the prior written consent of V-Mobile. However, V-Mobile reserves the right to assign these Terms or any rights or obligations provided hereunder without your consent.
Termination: V-Mobile may terminate or suspend access to PingBing immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. If we terminate your access to PingBing, the Content will be destroyed, without any possibility of access by other users. Upon termination, all licenses and/or other rights granted to you under these Terms will terminate.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, Sections 7, 12, 13, 14 and 15.
Contact: If you have any questions about these Terms, please contact V-Mobile at the following email address: firstname.lastname@example.org.