Terms of Use

The services offered by Aboutt, Inc. ("TouchRing" or "we") include the TouchRing website at www.touchring.com as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the "TouchRing Website") and any other features, content, services or applications offered, from time to time, by TouchRing (collectively, the "TouchRing Services"). This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TouchRing Services. By using the TouchRing Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse a TouchRing Website) or you are a "Member" (which means that you have signed up with TouchRing.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the TouchRing Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TouchRing Website and discontinue use of the TouchRing Services immediately. If you wish to become a Member, communicate with Members and make use of the TouchRing Services, you must read this Agreement and indicate your acceptance of its terms during the registration process. TouchRing may modify this Agreement from time to time and any such modification will be effective upon its posting by TouchRing on the TouchRing Website. You agree to be bound to any changes to this Agreement when you use the TouchRing Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. By registering as a Member, you authorize TouchRing to collect and display information about you that is publicly displayed elsewhere on the Internet. You understand that if you wish TouchRing to stop displaying such information, you may make your MyTouchRing page private or terminate your membership. You further understand that TouchRing cannot control the activities of third parties who may cache copies of your MyTouchRing page while it is publicly displayed, and that your information may remain on display on such cached pages after you make your MyTourchRing page private or terminate your Membership. TouchRing will not be responsible, and disclaims all liability, for displaying information about you on the Service that is publicly available on the Internet.

1. Eligibility. Use of and Membership in the TouchRing Services is void where prohibited. By using the TouchRing Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the TouchRing Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.

2. Term. This Agreement will remain in full force and effect while you use the TouchRing Services or are a User. You may terminate your membership at any time, for any reason, by visiting our supporting site. TouchRing may terminate your membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-18.

3. Fees and Refund. You acknowledge that TouchRing reserves the right to charge for the TouchRing Services and to change its fees from time to time in its discretion. If TouchRing terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees. The validity of your account in Touchring Service is one year after the confirmation of payment for the service. If you have not used the TouchRing Service more than a year even after you confirmed the payment for the service, we will not refund. However, if you would like to have refund on your account in Touchring Service while it is valid, we will refund 60% of the remaining balance. If you shall request such demand, please contact us in writing by visiting our info@touchring.com.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TouchRing immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Users. The TouchRing Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TouchRing in writing. Illegal and/or unauthorized use of the TouchRing Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the TouchRing Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posted content without notice and may result in termination of Membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the TouchRing Services.

6. Proprietary Rights in Content on TouchRing website. TouchRing does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials or works of authorship (collectively, "Content") that you post to the TouchRing Services. After posting your Content to the TouchRing Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the TouchRing Services, you hereby grant to TouchRing a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content and your name, voice, and/or likeness as contained in such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the TouchRing Services. Without this license, TouchRing would be unable to provide the TouchRing Services. The license you grant to TouchRing is non-exclusive (meaning you are free to license your Content to anyone else in addition to TouchRing), fully-paid and royalty-free (meaning that TouchRing is not required to pay you for the use on the TouchRing Services of the Content that you post), sublicensable (so that TouchRing is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the TouchRing Services), and worldwide (because the Internet and the TouchRing Services are global in reach). This license will terminate at the time you remove your Content from the TouchRing Services, but you understand that your Content may remain on TouchRing pages cached by third parties, or archived on TouchRing servers, after you remove it from the Service. The license does not grant TouchRing the right to sell your Content, nor does the license grant TouchRing the right to distribute your Content outside of the TouchRing Services. You represent and warrant that: (i) you own the Content posted by you on or through the TouchRing Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the TouchRing Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the TouchRing Services. The TouchRing Services contains TouchRing’s proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "TouchRing Content"). TouchRing owns and retains all rights in the TouchRing Content and the TouchRing Services. TouchRing hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TouchRing Content (excluding any software code) solely for your personal use in connection with viewing the TouchRing Website and using the TouchRing Services. The TouchRing Services contain Content of Users and other TouchRing licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TouchRing Services.

7. Content Posted. Please choose carefully the content you post on the TouchRing Website and that you provide to other Users. You may not use TouchRing Website or TouchRing Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TouchRing assumes no responsibility or liability for this material. If you become aware of misuse of the TouchRing Services, please contact us in writing by visiting our Support site. TouchRing may delete any Content that in the sole judgment of TouchRing violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. TouchRing assumes no responsibility for monitoring the TouchRing Services for inappropriate Content or conduct. If, at any time, TouchRing chooses, in its sole discretion, to monitor the TouchRing Services, TouchRing nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the TouchRing Services, and any material or information that you transmit to other Members and for your interactions with other Users. TouchRing does not endorse and has no control over the Content. Content is not necessarily reviewed by TouchRing prior to posting and does not necessarily reflect the opinions or policies of TouchRing. TouchRing makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TouchRing Services. TouchRing reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the TouchRing Services at any time, for any or no reason, with or without prior notice, and without liability. TouchRing further reserves the right to investigate and take appropriate legal action against anyone who, in TouchRing’s sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that in the sole discretion of TouchRing:

a. may constitute or contribute to a crime or tort;

b. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;

c. contains any information or content that is illegal;

d. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

e. exploits people in a sexual or violent manner;

f. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

g. solicits personal information from anyone under 18;

h. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

i. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

j. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

k. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

l. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

m. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

n. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

o. includes a photograph of another person that you have posted without that person's consent; or

p. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the TouchRing Website and through your use of the TouchRing Services. TouchRing reserves the right to investigate and take appropriate legal action against anyone who, in TouchRing’s sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited activity includes, but is not limited to:

a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b. advertising to, or solicitation of, any Member to buy or sell any products or services through the TouchRing Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the TouchRing Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the TouchRing Services, you acknowledge that you will have caused substantial harm to TouchRing, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TouchRing $50US for each such unsolicited email or other unsolicited communication you send through the TouchRing Services;

c. covering or obscuring the banner advertisements on your personal profile page (if any), or any TouchRing page via HTML/CSS or any other means;

d. any automated use of the system, such as using scripts to make calls or send messages;

e. interfering with, disrupting, or creating an undue burden on the TouchRing Services or the networks or services connected to the TouchRing Services;

f. attempting to impersonate another Member or person;

g. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

h. selling or otherwise transferring your profile;

i. using any information obtained from the TouchRing Services in order to harass, abuse, or harm another person; or

j. using the TouchRing Services in a manner inconsistent with any and all applicable laws and regulations.

9. Your Communications and Messages on TouchRing. The TouchRing Services include certain services that may be available via your mobile phone such as placing or receiving calls, receiving text messages or interacting. Regardless of whether we charge a fee for the Mobile Services, your mobile carrier's normal messaging, calling, data and other rates and fees will still apply. Accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and certain Mobile Services may not work with certain carriers, plans or devices. You should check with your carrier to find out if the Mobile Services are available for you, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand and agree that TouchRing will make reasonable efforts to retain your messages on TouchRing according to TouchRing’s then-current retention policy. TouchRing does not guarantee that it will retain your messages and assumes no liability for deletion of your messages. If you have questions about TouchRing’s retention policy, please contact us via our info@touchring.com.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is TouchRing’s policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), if you believe that your work has been copied and posted on the TouchRing Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the TouchRing Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. TouchRing's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Aboutt, Inc., #402-101 SK View Singorim-dong, Guro-gu, 152-888 Seoul, Korea855 Oak Grove Avenue, Suite 100, Menlo Park, California 94025, United States; or by or contacting info@tochring.com

11. TouchRing Communications. It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by TouchRing in its sole discretion. By providing TouchRing your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or TouchRing offers. Certain Users are also provided the option of receiving TouchRing notifications on their phone through SMS messages. If you do not want to receive certain email or SMS messages, you may opt out by contacting us in writing by visiting our info@touchring.com. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other users. TouchRing reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

12. User Disputes. You are solely responsible for your interactions with other Users. TouchRing.com reserves the right, but has no obligation, to monitor disputes between you and other Users. We are not responsible for the conduct, whether online or offline, of any User of the TouchRing Services.

13. Privacy. We care about the privacy of our Users. Click our Privacy Policy. By using the TouchRing Services, you are consenting to have your personal data transferred to and processed in South Korea.

14. Third Party Websites. The Service, including without limitation Content created and posted by Members, may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TouchRing. Inclusion of any linked website on the TouchRing Services does not imply approval or endorsement of the linked website by TouchRing. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this TouchRing Website or through the TouchRing Services, nor do we take any responsibility for the goods or services provided by our advertisers.

15. Disclaimers. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TOUCHRING, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT POSTED ON OR COMMUNICATED BY THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. TOUCHRING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOUCHRING SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOUCHRING WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR OTHER TOUCHRING USERS.

16. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOUCHRING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOUCHRING FOR THE TOUCHRING SERVICES DURING THE PREVIOUS YEAR OF MEMBERSHIP. The Services are controlled and operated from TouchRing’s facilities in South Korea. TouchRing makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the Korea

17. Korea Export Controls. Software available in connection with the TouchRing Services (the "Software") is further subject to Korea export controls. No Software may be downloaded from the TouchRing Services or otherwise exported or re-exported in violation of Korea export laws. Downloading or using the Software is at your sole risk.

18. Disputes. If there is any dispute about or involving the TouchRing Services, you agree that the dispute will be governed by the laws of the Korea, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Korea located in Seoul. Either TouchRing or you may demand that any dispute between TouchRing and you about or involving the TouchRing Services must be settled by arbitration utilizing the dispute resolution procedures of the Korea Commerce Arbitration Board ("KCAB") in Seoul, Korea provided that the foregoing will not prevent TouchRing from seeking injunctive relief in a court of competent jurisdiction.

19. Indemnity. You agree to indemnify and hold TouchRing, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TouchRing Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TouchRing Website or through the TouchRing Services causes TouchRing to be liable to another.

20. Other. This Agreement is accepted upon your use of the TouchRing Website or any of the TouchRing Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TouchRing regarding the use of the TouchRing Services. The failure of TouchRing to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TOUCHRING is a trademark of Aboutt, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us in writing by visiting our Support site with any questions regarding this Agreement. Last modified: February 25, 2008