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Terms and Conditions and a lot more!<< Back Introduction and SummaryIf nothing else please read this introduction It's about the Roundpoint Services and responsibilities - Ours and Yours Full Terms and ConditionsRoundpoint End User License Agreement Types of Service and Registration Technical Requirements and Security Connection Providers - ISPs and Telephone Networks Roundpoint's Privacy Practices Terms and ConditionsIf nothing else please read this introduction What we do
Collectively we call our role in this process the "Roundpoint Service". As a distributor, we aim to give those for whom we deliver a global communications bridge a high level of service with high standards of efficacy. This means compliance with legal requirements and guidelines of specialist regulatory bodies such as ICSTIS, and respecting the rights of individuals and business to enjoy and develop the service and content we distribute without irritating intrusion or breaches of privacy. What we do not doRoundpoint does not originate and is not responsible for the content presented by any publisher. We manage an end-to-end distribution service for the content prepared by the Publishers who use the Roundpoint Service. The publisher either owns, or owns the rights to distribute the content and will usually protect that vigorously. In fact, publishers are frequently obligated under legal conditions to do so. It's important that you respect the publishers' rights to go about their business without threat of dishonest practices such as illegal copying or unauthorized use of their material. Most publishers prepare their own legal terms and it's a good idea to read these carefully especially if you want to use the content for any purpose other than your direct use. Your connection - the Last LinkRoundpoint does not influence and cannot be responsible for your choice or performance of the final link in the delivery chain - your chosen ISP, telephone carrier or operator. The choice of carrier rests with you, the user. However we always recommend that before paying for any Roundpoint Service you seek confirmation from your carrier that you have a suitable device and that your carrier allows access to WAP or mobile Internet services without restriction. It is quite common that your operator will need to specifically activate the WAP or Mobile Internet services on your handset if these were not activated at the time of purchase. It's a simple process and can usually be done with a single phone call to your carrier's customer service department. If you are selecting a mobile carrier to provide data communications as part of your service, then you should check terms, access permissions, contract and charges carefully. And finally - it's all about delivering to expectation. Progress and developments in telephony, Internet and data communications services have been rapid. Some of these achievements and our own role in these advances now make it possible to read a newspaper from the other side of the globe on a mobile handset seconds after publication. Likewise, Roundpoint and synchronization technology mean you may wake up to a recharged and refreshed PDA with the latest edition of your subscription ready to read. These are benefits that were impossible to deliver until very recent times but such rates of progress should be balanced with reasonable expectations of performance and reliability. On occasions, the technology employed to deliver these benefits may fail, due to a component failure, a network malfunction or even the weather. Such failures are bound to cause some irritation and disappointment. No one can guarantee a 100% fail safe service even though you should enjoy a generally satisfactory service. For example, our "one-off" subscriptions are usually valid for a quite a few hours so even if you suffer a connection failure you can re-connect later at no additional cost. If the occurrence of such events is for whatever reason unacceptable then we recommend that you should not use a Roundpoint Service. Both you and Roundpoint enjoy statutory rights and protections but it's always wise to read our full terms and conditions and those of the publisher of the content because by signing up for a Roundpoint Service you agree to be bound by them. Overall we want you to enjoy your Roundpoint Service and we'll do our best to help you do so. Your comments are always welcome. customerservice@roundpoint.com Roundpoint Inc
Roundpoint Ltd
What the terms used in this document mean
Roundpoint End User License AgreementROUNDPOINT INC. END USER LICENSE AGREEMENT DEFINITIONS: *The term "Software" as used in this Agreement means the computer programs contained on the disks in this package, or any files transmitted electronically containing the product(s) together with any updates subsequently supplied by ROUNDPOINT. The term "Software Copies" means the actual copies of all or any portion of the Software, including a back-up permitted hereunder, or updates subsequently published by ROUNDPOINT. The term "Related Materials" means all of the printed materials provided in this package or subsequently supplied by ROUNDPOINT. GRANT OF LICENSE: ROUNDPOINT grants you a non-exclusive license and right to use one (1) copy of the enclosed SOFTWARE on a single computer and or a single PDA or and or a single telephone handset. USES NOT PERMITTTED: * You may not make copies of the Related Materials. * You may not rent, lease, sub-license, time-share, lend or transfer the Software, Software Copies, Related Materials of your rights under this license except that transfers may be made on a permanent basis provided that (1) you transfer this Agreement, the Software, any Software Copies and all Related Materials, (2) you retain no Software or Software Copies or Related Materials, and (3) the recipient agrees to the terms of this Agreement. * You may not modify, disassemble, decompile, reverse-engineer or create derivatives of the Software. * You may not remove or obscure any patent, copyright or trademark notices. OTHER RESTRICTIONS: * Upgrade Software: Any update or upgrade version of the Software, Software Copies and Related Materials may only be used upon destruction of the prior version of the Software, Software Copies and Related Materials. Failure to comply with any term of this Agreement terminates your license and may make you liable for legal damages to ROUNDPOINT. LIMITED WARRANTY What we can guarantee: ROUNDPOINT SHALL DEVELOP AND OPERATE THE SERVICES WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE. What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, ROUNDPOINT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF ANY SERICE OR CONTENT DISTRIBUTED BY ROUNDPOINT TO THE EXTENT ALLOWED BY APPLICABLE LAW,ROUNDPOINT HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. OUR LIABILITY EXCLUSION TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ROUNDPOINT WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOU PERSONALLY OR YOUR BUSINESS , loss of business, loss of opportunity or loss of goodwill WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SERVICE (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING ANY ROUNDPOINT SERVICE OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT ROUNDPOINT WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF ANY ROUNDPOINT SERVICE. YOUR REMEDIES ROUNDPOINT SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN ANY ROUNDPOINT SERVICE OF WHICH IT IS AWARE. YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSSES OR DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF ANY ROUNDPOINT SERVICE (TO THE EXTENT THAT ROUNDPOINT'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS: IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID-FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE ROUNDPOINT SERVICE. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO ROUNDPOINT OR A ROUNDPOINT APPOINTED THIRD PARTY TRANSACTION PAYMENT PROCESSOR PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID-FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES. IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID-FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN THE ROUNDPOINT SERVICE YOUR REMEDY IS LIMITED TO RECEIVING PAID-FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE ROUNDPOINT SERVICE. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES. IF A COURT OF COMPETENT JURSIDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY IS UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THIS LIMITATION MAY NOT APPLY TO YOU. COPYRIGHTS: The Software is owned by ROUNDPOINT, Inc. and is protected by United States copyright laws and international treaty provisions. The Software has been provided to the end user pursuant to the terms of this Agreement. UNITED STATES GOVERNMENT RESTRICTED RIGHTS The Software, Software Copies and Related Materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is ROUNDPOINT, Inc., Roundpoint, Inc. 1250 Battery Street #400, San Francisco, California USA 94111 This Agreement is governed by the laws of the State of California USA. Roundpoint Terms and Conditions of UseRoundpoint is the DistributorThese terms and conditions were last updated on 1 December 2003 and replace all previous terms and conditions for the Roundpoint Services. This area sets out the terms and conditions on which you may use the software and content that is distributed by Roundpoint on behalf of any publisher. It does not replace any terms and conditions, legal notices or disclaimers and waivers issued by the publisher but is precedent to any such publisher's statement concerning all terms of use except where the publisher has directly addressed the same event in which instance the publisher's statement will prevail at all times. If you access the Service and the content and material by telephone or electronic means then you must be an authorised user of the telephone service and agree to be bound by the terms and conditions of the telephone network providing that service and in particular as such terms and conditions may apply to the transmission and receipt of third party material. If you have not agreed to the terms of the carrier you are using to access the services then you should not access the content. Roundpoint is a distributor of content on behalf of named publishers and in particular this publication which is presented through the service. Roundpoint has been granted permission by this publisher only to distribute the content. The publisher retains all rights and responsibility for publication and the content. All end users of this service do so by full agreement that Roundpoint is not responsible in any way whatsoever for any content distributed on behalf of any named publisher. Patents and CopyrightRoundpoint owns the copyright and has valid patents effective for much of the technical process involved in distribution of digital material from origination to the way the material is displayed on the user's device. In particular, European Patterns and applications EP 96935188.1; EP(UK) 0859984 Germany; 69609077.5; EP(France) 0859984; EP 00104558.2 and US patent US Patent 6314426 apply to Roundpoint technology. AccessRoundpoint enables distribution of digital content prepared by publishers for distribution by various means, including Roundpoint's own proprietary and patented software, to render content offered for publication by the publisher over various digital channels including the Internet, certain telegraphic channel and area digital networks, to a range of devices including but not limited to personal computers, telephone handsets and personal digital assistants (PDAs). You will be able to receive the Roundpoint Services in most territories that support GSM, GPRS, CDMA, TCDMA and other communication protocols providing your operator grants you general access to Internet or WAP services and that you have a suitable browser installed on your handset. You should contact your operator for more details about your handset and the use of the browser and player (if installed). Roundpoint expressly excludes any warrant or guarantee that any such content will work on any particular device or in a particular territory. End Users accessing publications through any Roundpoint service agree to be responsible without any exception for verification that each and any Roundpoint distributed service will be received and displayed in a satisfactory manner on the device and connection method chosen by the End User. By using a Roundpoint Service, you are agreeing to being bound by the terms and conditions set out below and also those terms and conditions published by the publication. Note: Such terms and conditions, waivers and other policies are normally available for viewings on the publishers' own web sites and you are strongly advised to do so before accessing the content at all. If you use a Roundpoint Service in the course of your business, you are agreeing to these terms and conditions on behalf of that business. If you do not agree with the terms and conditions (or are not authorized to do so) you should not use this Service. If you have any questions please contact customerservice@roundpoint.com. We recommend that you print a copy of these terms and conditions for your records. The publisher may change, alter or withdraw any part of the Service at any time (with or without notice to you). Roundpoint is not involved in this process. If applicable, notice may be given by the publisher by message to your email address or mobile phone number. If you do not agree to this you should not subscribe to any Roundpoint Service. You should regularly check these terms and conditions and those of the publisher to see if any changes have been made - by using a Service after changes have been posted, you are agreeing to be bound by them. From time to time a publisher using this service may run competitions, free prize draws, promotions and surveys through this service. These are subject to additional terms and conditions that will be made available by the publisher and not Roundpoint at the time they are run. Types of ServiceThe Services frequently may appear in three parts:
Certain sites or pages are only designed for use in certain territories Each registration is for a single subscriptionEach registration is for a single user only. On registration, you will be given a User Name and Password ("ID") or a Personal Identification Number (PIN). Roundpoint does not permit any other person to share your user name and password. Access through a single name and password or PIN being made available to multiple users on a network is available only on an 'as applied for' basis. Roundpoint may cancel your access to Roundpoint Services if you permit unauthorized users to gain access by use of your subscription details. You are responsible for all use of Roundpoint Services made by you or anyone else using your ID or PIN and for preventing unauthorized use of your ID or PIN. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or PIN or any payment information, you must notify Roundpoint immediately by e-mailing customerservice@roundpoint.com. If you provide Roundpoint with an email address or telephone number that will result in Roundpoint sending you emails or SMS messages via a computer network or telephone operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that Roundpoint may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party such as your employer or college to stop sending emails or SMS messages to you. Paid-for ServicesRoundpoint distributes and collects payment for "PAID-FOR THIRD PARTY" publishers: by subscribing to receive any of these Paid-for Services, as well as the above terms and conditions, you are also agreeing to the terms that appear below. You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you are authorized to use Roundpoint Corporate Services through any corporate arrangement made with us, any payment terms below will not apply to you. You must provide us with complete and accurate payment information as appropriate to the service for which you subscribed. If you pay by either credit or debit card, by submitting credit or debit card payment details to Roundpoint or its appointed agent you warrant that you are entitled to purchase the Paid-for Services using those payment details. In the case of unauthorized payments Roundpoint reserves the right to suspend or terminate your access to the Paid-for Services. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to any Paid-for Services. In the case of Roundpoint Services billed to your telephone account, you may only subscribe if you have paid for a mobile service that is available for your device and network OR if your handset is capable of receiving SMS messages OR if your provider specifically includes a Roundpoint Service as being available to its customers. You may only subscribe if you have a WAP-enabled handset. Roundpoint will endeavour to process your subscription promptly but does not guarantee that the Paid-for Services will be available to you by any specified time. A contract with you for receipt of the Paid-for Services will come into effect when Roundpoint or its appointed agent sends you an email or SMS message confirming your subscription details. There is no specific time limit applying to your use of the Paid-for Services on these terms and conditions. However, Roundpoint reserves the right to suspend or terminate your subscription to the Paid-for Services if you breach these terms and conditions, with or without notice and without further obligation to you. Roundpoint or its agent will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes. Subscription ServicesPricingThe subscription price is set out on the subscription pages which contain the subscription process for a Roundpoint Service. Depending upon the publication, subscription periods may vary from just a few hours to recurring monthly and annual subscriptions. You should select the subscription period that best suits your needs. If Roundpoint or a third-party publisher gives you a free trial, you will only be charged for your Subscription with effect from the expiry of that free trial period. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing a Roundpoint Service in the same way you pay for telephone calls or data services. You are advised to check with your operator that you enjoy the best priced plan for your needs. Roundpoint can not provide any advice about call plans and telephone costs. Cancelling or Changing your SubscriptionWhen you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by contacting our Customer Service team at customerservice@roundpoint.com. O2 customers who subscribed by phone may also cancel by SMS. Following the expiry of any trial period, payment will be collected. Recurring period subscriptions for monthly or longer periods can be canceled at any time and such cancellation will be effective from the end of the current subscription period taken from the next working day after your request has been received. Contact customerservice@roundpoint.com. O2 customers who subscribed by phone may also cancel by SMS. Subscriptions taken out for less than one month and for non-recurring subscriptions are not eligible for cancellation. For each Roundpoint Service, Roundpoint may lower the charges payable by you without notice but may only increase the charges on 4 weeks' notice to you. Third Party ServicesRoundpoint Services are distribution services only. These services include content presented by third-party publishers or accessed by links to other Internet websites or online and mobile services provided by independent third-parties ("Third-Party Sites"), either directly or indirectly. Third-Party Sites may be co-branded with Roundpoint and so include Roundpoint's trade mark. Roundpoint is not responsible for the availability or content of Third-Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third-Party Sites. If you purchase products or services from a Third-Party Site, then your contract for such products or services will be with the third-party and not with Roundpoint. Our Privacy Policy does not apply to Third-Party Sites. Many Publishers who use Roundpoint Services are internationally recognized media titles who operate to generally high standards. If you are concerned about privacy it would be wise to check the publisher's own privacy policy which is usually available from their standard Internet web site. Some publishers or Third-Parties using the Roundpoint Service offer services payable by reverse or premium SMS services or premium rate telephone services. Roundpoint requires such Third-Parties to display the charges payable for their services in a clear and easy to access position. Roundpoint accepts no responsibility for such tariffs or for the display of such tariffs. All such charges should be included by your operator on the telephone bill in the usual way. It is your responsibility to ensure that these charges are paid to your operator on time. You should only use a telephone for which you are responsible for paying the bill or alternatively obtain the prior permission of the bill payer since either Roundpoint or the Publisher accept no responsibility for any charges you incur in this way. Copyright in any software that is made available for download belongs to Roundpoint or its suppliers. Your use of the software is governed by the terms of any license agreement that is included above. Roundpoint is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement. Roundpoint will not be responsible for any error or inaccuracy in advertising or sponsorship material. The ContentAll material published by any publisher is referred to as the "Content". In general, you are advised that publishers present Content only for your general information and use and it is not intended to address a particular requirement. To be clear, unless stated otherwise, you should recognize that Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by a publisher. Unless this is a clearly stated purpose Content is not intended to be relied upon by users in making (or refraining from making) any specific purchase or other decisions. Appropriate independent advice should always be obtained before making any such decision. For example, a guide book might list a restaurant but it would be wise to call the restaurant before you visit to check it is open to serve meals when you want to eat. Roundpoint is not responsible for the content, or use, of any Content published or presented by publishers. Any agreements, transactions or other arrangements made between you and any third-party named on (or linked to or from) a Roundpoint Service are at your sole risk and responsibility. Any information that you receive via a Roundpoint Service whether or not it is classified as "real-time", may have ceased to be current by the time it reaches you and therefore not entirely accurate. Roundpoint is not responsible for any use of Content presented by publishers. Content published and available through this Service (including content available on any email and SMS services) belongs to the listed publisher or its licensors and not Roundpoint. Roundpoint solely distributes the content that is provided by the publisher The publisher or its licensors own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. Unless otherwise stated in the Publisher's Terms and Conditions, you may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use. You may not use the service or any content provided for any unlawful purpose. You acknowledge that the publisher's name or the publication title or any abbreviation of either may be registered trade marks and that you may not use them without written permission from the publisher. The publisher complies with the laws of copyright and so must you. Except as expressly set out above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. So, without limitation, you may not do any of the following without prior written permission from the publisher (and neither may you allow a third party to do any of the same): - redistribute any of the Content, including headlines, (including by using it as part of any syndication, content aggregation, archive or similar service); or - remove the copyright or trade mark notice from any copies of Content made under these terms and conditions; or - create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or - deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or - use any machine, electronic, web-based or similar device to read or extract the Content by automated or machine-based means. If you want to use the content for any of the above or any purpose outside of your personal use then you must obtain the publisher's permission to do so. Roundpoint has no right to grant any such permission. Requests to republish or redistribute Content should be addressed to the syndication department at the publisher directly. On no account should you take any action until you have received specific permission from the publisher to do so. Also if you would like to link to any of the publishers' sites for any purpose then you must comply with all applicable laws. We strongly recommend that you contact the publisher before doing so. Most publishers welcome such contact. The publisher provides all content to the Roundpoint Service. If for any reason whatsoever the publisher interrupts or ceases to supply that content then you will have no claim against Roundpoint. Technical Requirements and Site SecurityFor users of PDAs, Roundpoint Services are best viewed on PDAs enabled with Palm Operating System 3.5 and onwards or Microsoft Pocket PC (CE) - most releases. When an updateable synchronized service is used, synchronization should be through an Internet-connected Personal Computer where Microsoft Active Sync® has been installed. Roundpoint Services are not available to Apple Macintosh devices synchronized through the Internet. Wireless connectivity will depend upon the service offered and may be available to devices using WAP 1.0 and upwards browsers and MS Mobile Explorer browsers. Users must check the compatibility of their handset to any Roundpoint Service prior to registering for a service. If you have any doubt then we will be pleased to assist. Email details of the manufacturer, the model number and the telephone network you are using to customerservice@roundpoint.com. Important: Some handsets and operators offer a choice of connection types and browsers to providing access to WML or specially formatted HTML. In other situations you may find you access is limited to certain services selected by the operator. Some Roundpoint Services may not be available to operate on all services and handsets. Please check with your operator or Roundpoint. Roundpoint gives no warranty in respect of the systems used for connectivity. Telecommunication Providers, Internet, ISPs and other Network Operator/ProvidersWithout limiting the above, Roundpoint is not liable for matters beyond its reasonable control. Roundpoint does not control telephones, third-party communications networks (including your Internet Service Provider) or the Internet or the acts of such third-parties. Notwithstanding anything else contained in the provisions of this Section, Roundpoint liability will not be limited in the case of death or personal injury directly caused by Roundpoint's negligence. Choice of Law and JurisdictionThese terms and conditions shall be governed by, and construed in accordance with US law. To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of California USA shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the California courts. For the exclusive benefit of Roundpoint and to the extent possible in the applicable jurisdiction, Roundpoint shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of residence or business. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect. Roundpoint's Privacy PracticesYour right to privacy is very important. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service. That's why we have put a policy in place to protect your personal information. Below is a summary of our policy. What personal information do we collect?In general, when you visit our website or one delivered by a Roundpoint Service either via the Internet or Mobile Handset and access information, you remain anonymous. Before we ask you for information, we will explain how this information will be used. We will not provide any of your personal information to other companies or individuals without your permission. Some portions of our site require registration to access, although typically all that's requested is an e-mail address and some basic information about you, such as name, address and job function. There are occasions where we will ask for additional information. We do this to be able to better understand your needs, and provide you with information about services that we believe may be valuable to you including free upgrades. Some examples of information our websites collect are name, address and phone number. We give you the opportunity to elect not to receive materials from us. If you sign up for a Roundpoint electronic newsletter or e-mail list, each message will include instructions on how to "unsubscribe" from that list. We do collect "non-personal" information automatically about viewing patterns for material in Roundpoint Services. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form. If you choose to opt in for our information services then you will be included in distribution of information and any special offers. If you do not opt-in then you will only be included in distributions of service notices. If any of our websites are developed for children under the age of 13, we will encourage them to get their parent's permission before they give us any personal information. These websites will also encourage children to use nicknames, instead of their given names when and if personal information is collected. Protecting your privacyWe will take appropriate steps to protect your privacy. When you provide sensitive information like a credit card number to make a purchase we will take reasonable steps to protect it such as encrypting your card number. We will also take reasonable security measures to protect your personal information in storage. Credit card numbers are used only for payment processing and are not retained for marketing purposes. Roundpoint complies with the Privacy and Electronic Communications Regulations, (EU E-commerce Directive 2003). We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that Roundpoint uses for the purposes of delivering specific services to you (e.g., customer support, or a shipping company if you have asked us to send something to you.) Also there are some situations where we may be required by law to disclose information to an appointed legal authority. Our websites may provide links to third-party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites. Use of cookiesRoundpoint websites use cookies for various reasons. Cookies enable us to provide you with a better experience by allowing us to understand what areas of the website are of interest to our visitors. These cookies do not track individual information. Roundpoint also uses cookies when you register for one of our web programs. In this situation, a cookie will store useful information that enables our website to remember you when you return to visit us. Cookies from Roundpoint websites can only be read by Roundpoint websites. If you choose to disable cookies in your browser, you can still access most of our websites. Data storage in the U.S. and U.KOur website that collects information will store and process that information in databases in the United States and the United Kingdom. How can you update the personal information you have provided to Roundpoint?You can help Roundpoint maintain the accuracy of your information by notifying Roundpoint of any changes to your address, title, phone number or e-mail address. In some programs, you may do this online or through customer support by following the instructions on membership profile pages. You may also update your information by e-mailing Customer Services. If at any time you wish to stop receiving an electronic newsletter from Roundpoint you can unsubscribe as explained in the newsletter or contact us at the above addresses. Please include your name, address, and e-mail address, and a description or example of any communication that you no longer wish to receive. Questions?Roundpoint welcomes comments and questions on this policy. We are dedicated to protecting your personal information, and will make every reasonable effort to keep that information secure. Due to the rapidly evolving technologies on the Internet, we may occasionally update this policy. All revisions will be posted to this site. Questions regarding this statement should be directed to Customer Services. |