Welcome to the Internet Sites of iPing Inc., ("iPing").
iPing includes iPing.com, Mrwakeup.com and other sites affiliated with iPing. (each a
"iPing Site"). iPing is operated by iPing Inc. and its affiliates
(referred to herein as "we," "us," or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS IPING SITE. By using the iPing Site, you signify your
agreement to these terms of use. If you do not agree to these terms of use,
please do not use the iPing Site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use of this iPing Site
following the posting of changes to these terms will mean you accept those
changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any iPing Site are the copyrighted property of
iPing Inc., or its subsidiaries or affiliated companies and/or
third-party licensors. All trademarks, service marks, and trade names are
proprietary to iPing Inc., or its affiliates. No material from any
iPing Site or any Internet site owned, operated, licensed, or controlled by us or
our affiliates 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
only, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from any iPing Site. For
purposes of these terms, the use of any such material on any other Web site or
computer environment is prohibited. All trademarks, service marks, trade names,
and trade dress are proprietary to us.
In the event you download software from any iPing Site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the "Software") are licensed to
you by us or third-party licensors for your personal, noncommercial home use
only. We do not transfer title to the Software to you. You own the medium on
which the Software is recorded, but we (or third-party licensors) retain full
and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding
our products and services. Unfortunately, however, our long-standing company
policy does not allow us to accept or consider creative ideas, suggestions, or
materials other than those that we have specifically requested. We hope you will
understand that it is the intent of this policy to avoid the possibility of
future misunderstandings when projects developed by our professional staff might
seem to others to be similar to their own creative work. Please do not send us
any unsolicited original creative materials such as stories or ideas,
screenplays, or original artwork. While we do value your feedback on our
services and products, we request that you be specific in your comments on those
services and products, and not submit any creative ideas, suggestions, or
materials (unless specifically requested by us).
If, at our request, you send certain specific submissions (e.g., postings to all
media including phone,
chat, boards, or contests) or, despite our request, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed, and shall
remain, our property. None of the Submissions shall be subject to any obligation
of confidence on our part and we shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, we shall exclusively
own all now-known or hereafter existing rights to the Submissions of every kind
and nature throughout the universe and shall be entitled to unrestricted use of
the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions.
Although we may from time to time monitor or public user audio files, postings, emails or other such
transmissions, we are not obligated to do so and assumes no liability whatsoever in connection with or
otherwise arising form the content found at any location on this Web Site or content linked to this Web Site.
Nor do we assume any responsibility or liability for any error, omission, inaccuracy, defamation,
falsehood, obscenity, pornography, profanity, confidential, proprietary or other intellectual property
infringement contained in any information found at any location on any of our Web Sites, affiliates Web
Sites or content linked to our Web Site. Users are prohibited from posting or transmitting any unlawful,
threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane, confidential,
proprietary, copyrighted, trademarked or other intellectual property or any material that would be
considered a criminal offense or would give rise to civil liability or otherwise violate the law. Users
agree that they shall remain solely responsible for the content of their messages and their conduct while
utilizing this Web Site and liable for any losses, damages, or causes of action arising therefrom. Users
also understand that transmissions on the Internet are not always confidential and therefore, users agree
that they transmit and/or post information to any of iPing's Web Sites and linked Web sites fully at their
own risk will hold iPing completely harmless for any loss or damage incurred by user in doing so.
IPING SERVICE FORUMS AND PUBLIC COMMUNICATION
"Forum" means a web chat area, phone chat, message board, or e-mail function offered as part
of any iPing Site. If you participate in any Forum within a iPing Site, you must
not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful, or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to
commit them;
- post or distribute any material that infringes and/or violates any right of
a third party or any law;
- post or distribute any vulgar, obscene, discourteous, or indecent language
or images;
- advertise or sell to or solicit others;
- use the Service for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus or
other harmful component; or
- post material or make statements that do not generally pertain to the
designated topic or theme of any chat room or bulletin board.
It is our policy to respect the privacy of all customers. Therefore, in
addition to the privacy of Registration data (see our Privacy Policy), we will
not monitor, edit, or disclose the contents of a customer's e-mail unless (a)
you authorize us to do so, (b) we must do so in order to resolve technical
problems on any iPing Site; or (c) unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the law or
comply with legal process served on us; (2) protect and defend our rights or
property; or (3) act in an emergency to protect the safety of our customers or
the public. Customers shall remain solely responsible for the content of their
messages.
We reserve the right to remove or edit content from any Forum at any time and
for any reason.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they
are, know what they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, phone chat room, message board, or other user- generated
content area. Information obtained in a Forum may not be reliable, and it is not
a good idea to trade or make any investment decisions based solely or largely on
information you cannot confirm. We cannot be responsible for the content or
accuracy of any information, and shall not be responsible for any trading or
investment decisions made based on such information.
CONTENT LINKED TO ANY IPING SITE
Please exercise discretion while browsing the Internet using any iPing Site.
You should be aware that when you are on a iPing Site, you could be directed to
other sites that are beyond our control. There are links to other sites from
iPing pages that take you outside of our service. For example, if you click on a
banner advertisement, the click may take you off the iPing
Site. This includes links from advertisers, sponsors, and content partners that
may use our logo(s) as part of a co-branding agreement. These other sites may
send their own cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive. In addition,
advertisers on iPing Sites may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites to any iPing
Site.
We make no representations concerning the content of sites listed in any of
our directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality, or decency of material contained in
sites listed in our search results or otherwise linked to a iPing Site.
Please keep in mind that whenever you give out personal information using iPing services
--- for example, via message boards or chat --- that information can be
collected and used by people you don't know. While iPing strives to protect your
personal information and privacy, we cannot guarantee the security of any
information you disclose online or on the phone; you make such disclosures at your own
risk.
PROMOTION
You give iPing the right to promote products, services and special events to you via the email address that you provide to iPing.
If you are using iPing products and/or services for your company, you give iPing the right to refer to your company as
an iPing client. You give iPing the right to use your company name and/or logo in iPing promotional materials and corporate documents.
DISCLAIMER
THE MATERIALS IN THIS IPING SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON ANY IPING SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY IPING SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON ANY IPING SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any iPing Site.
We cannot ensure that you will be satisfied with any products or services that
you purchase from a third-party site that links to or from any iPing Site or
third-party content on our sites. We do not endorse any of the merchandise, nor
have we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third-party, and you hereby irrevocably waive any claim
against us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
Search and Directory are free services that may be offered by iPing. Because the Web changes
constantly, no search engine technology can possibly have all accessible sites
at any given time. Thus, we explicitly disclaim any responsibility for the
content or availability of information contained in our search index or
directories.
CREDIT CARDS
iPing takes the issue of your privacy seriously. We provide your credit card
number, billing and shipping information to participating merchants from whom
you buy goods or services. The merchants are solely responsible for how they use
that information and any other information they independently acquire from you
or about you. Otherwise, we do not share your credit card information with
anyone else. For more information, please read our Privacy Policy.
To protect the security of your credit card information, we employ the
industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your
credit card number when we store your order and whenever we transfer that
information to participating merchants.
SUBSCRIPTIONS/BILLING
We reserve the right to change the amount of, or
basis for determining, any fees or charges for services we provide, and to
institute new fees, charges, or terms effective upon prior notice to customers via this web site.
We reserve the right to terminate your account at any time for any reason.
Some services offered on iPing Sites are subscription-based services. If you
open a subscription-based account with
any of our sites, you hereby agree to pay all charges to your account,
including and not limited to applicable taxes and charges for the use of additional service features that are not
included in your subscription package.
You will be charged in accordance with billing terms in effect at the time the fee
or charge becomes payable. For subscription-based services, your charge remains for each subscription period
no matter if you make several calls or zero (0) calls during any subscription period.
For greater certainty, IF YOU DO NOT USE THE SERVICE, THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
For more information regarding canceling your subscription see the "CANCELLATION" section below.
Please Note: Your Subscription will be automatically renewed and your
credit card account will be charged as follows:
The renewal charge shall be equal to the original customer signup price, unless
otherwise notified in advance by the iPing site. Customer's Subscription will be automatically
renewed and Customer's credit card account will be
charged 30 days after Customer's initial Sign Up charge date. For example, if Customer signs up
on January 25th, the Customer's first renewal charge may take place on February 25th. Without notice,
iPing may adjust Customer's renewal date in future subsequent months. This will be reflected by charging the Customer's
account on a pro-rated basis according to the number of days that have passed since the
date of the Customer's latest renewal charge.
Customer's right to use the Service is subject to any limits established by
iPing or by Customer's credit card issuer. If payment cannot be charged to
Customer's credit card or Customer's charge is returned for any reason,
including charge back, iPing reserves the right to either suspend or terminate
Customer's access and account, thereby terminating this Agreement and all
obligations of iPing hereunder.
If Customer has reason to believe that Customer's account is no longer secure
(for example, in the event of a loss, theft or unauthorized disclosure or use of
Customer's ID, password, or any credit, debit or charge card number stored on
the iPing site) Customer must notify iPing immediately of the problem to avoid
Customer's possible liability for any unauthorized charges to Customer's account.
CANCELLATION
iPing agrees that it will terminate your account upon notice via email.
If you cancel an iPing account after signing up or a subscription renewal for a
service, no refund for unused time on such service will be made. If you have
a balance due on any iPing account, you agree that iPing can charge these
unpaid fees to your credit card.
YOU HAVE TO CANCEL YOUR ACCOUNT IN ORDER TO NOT BE CHARGED FOR YOUR SUBSCRIPTION.
iPing WILL NOT ISSUE A REFUND FOR DATES PRIOR TO YOUR CANCELLATION.
For subscription-based services, your charge remains for each subscription period no matter if you make several calls or zero (0) calls during any subscription period.
For greater certainty, IF YOU DO NOT USE THE SERVICE THE OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
iPing's sign up page states the following:
"Your Credit Card will be debited monthly according to your chosen Subscription Package. You may cancel your Subscription at any time."
See iPing's sign up page for more information:
https://www.iping.com/accept_user.asp?signup_type=iping
If you would like cancel your subscription service, please send an email to
techsupport@bsmartcommunications.com with "Cancel My Subscription" as the
subject of the email.
For security reasons you MUST INCLUDE the following
when canceling your subscription:
- 1) login name
- 2) full name you used to purchase your subscription
- 3) the last 6 numbers of the credit card that you used to purchase your
subscription
We need to "find" your account in order to cancel it for
you!
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
Password and account and for all activities that occur under your account. You
hereby indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates, licensors, and
licensees (collectively, the "Indemnified Parties") harmless from and against
any and all liabilities and costs (including reasonable attorneys' fees')
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of this Agreement or claims arising from your account. You
shall use your best efforts to cooperate with us in the defense of any claim. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY IPING SITE OR
MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY IPING SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in any iPing Site are presented
solely for the purpose of promoting programs, films, and other products
available in the United States and its territories, possessions, and
protectorates. iPing is controlled and operated by iPing Inc. and
its affiliates from its U.S. offices in New York. We make no representation that
materials on any iPing Site are
appropriate or available for use in any particular location. Those who choose to
access a iPing Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. 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 or on any such
list.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of all iPing Sites and destroying
all materials obtained from any and all such sites and all related documentation
and all copies and installations thereof, whether made under these terms or
otherwise. Your access to any and all iPing Sites may be terminated immediately
without notice from us if in our sole discretion you fail to comply with any
term or provision of these terms. Upon termination, you must cease use of the
iPing Site and destroy all materials obtained from such site and all copies
thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of
the State of New York, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located in New York, New York,
and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
