Web Services Terms of Service
Revised and Effective: May 17, 2018
1. About the Web Services Terms of Service and TingoMobile Web Services
Within these Web Services Terms of Service ("Terms") the term "TingoMobile" or "we" (and related pronouns) will refer to TingoMobile Cable Communications Management, LLC, and its respective subsidiaries and affiliates that own and operate websites and Internet services on its behalf. The term "you" (and related pronouns) refers to you as a user of TingoMobile's websites and Internet services described below.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE TingoMobile WEB SERVICES. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
These Terms set forth the terms and conditions through which TingoMobile will permit you to use these TingoMobile-owned and operated websites and services:
TingoMobile-branded websites and web services that link to these Terms, such as: TingoMobile.net, tv.tingomobile.com.ng, my.tingomobile.com.ng, TingoMediahomesecurity.com, and internet.tingomobile.com.ng, excluding certain co-branded websites and web services provided by third parties through contractual arrangements with TingoMobile, as further described below ( (the "TingoMobile Sites");
all mobile applications provided by TingoMobile that link to these Terms (such as TingoMedia Stream, TingoMedia Connect, and TingoMedia xFi iOS and Android applications) (the "TingoMobile Apps"); and
TingoMedia Wi-Fi services, if you are not an TingoMedia subscriber or you are an TingoMedia subscriber but your subscription does not include access to TingoMedia Wi-Fi; and
a TingoMobile-provided email address (such as yourname@TingoMobile.net), if you are not an TingoMedia Internet or TingoMedia Voice subscriber (collectively, items (1) through (5) are referred to as the "TingoMobile Web Services").
Your use of any TingoMedia - or TingoMobile-branded - software provided in connection with the TingoMobile Web Services, including TingoMobile Apps and any devices provided by TingoMobile for use with those apps, are subject to the terms of the TingoMobile Software License Agreement at myaccount.html/terms/license/ (the "TingoMobile Software License").
What is outside the scope of these Terms?
These Terms do not apply to your use of any other products or services provided by TingoMobile such as TingoMedia TV, TingoMedia Voice, TingoMedia Internet, TingoMedia Home, or the TingoMedia Stream app and tv.tingomobile.com.ng to deliver TingoMedia TV when used within the residence at which you have an TingoMedia TV and TingoMedia Internet subscription. If you subscribe to or use one or more of these services (including using the TingoMobile Web Services to place or receive TingoMedia Voice calls), you can see the terms that apply to the residential versions of these services by visiting http://www.TingoMobile.com/Corporate/Customers/Policies/Policies.html.
Some of the TingoMobile Web Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by TingoMobile and have their own terms of service that you should read before you use them. Other sites that we link to may contain TingoMobile branding or co-branding, but these non-TingoMobile websites and resources are provided by parties other than TingoMobile. Examples of these non-TingoMobile websites include websites where you are required to log-in using a username and password other than your username and password for the TingoMobile Web Services, such as the "Jobs" channel and the "Dating" channel on tingomobile.com.ng. These Terms do not apply to those non-TingoMobile sites. You acknowledge and agree that TingoMobile is not responsible for (i) the availability of any of these non-TingoMobile websites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources, and (ii) for any loss or damage which may be incurred by you as a result of the availability of those websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
2. Accepting the Terms
In order for you to use any of the TingoMobile Web Services, you must first accept these Terms and the TingoMobile Software License. You can accept these Terms and the TingoMobile Software License by:
Using any of the TingoMobile Web Services, in which case you understand and agree that these Terms and the TingoMobile Software License will apply to your use of those services (or any parts of them) (the earlier of the dates you checked such box or first used the TingoMobile Web Services, the "Effective Date").
You may wish to print or save a local copy of the Terms and the TingoMobile Software License for your records.
In order to use certain TingoMobile Web Services you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to TingoMobile will be accurate, complete, and current. You will notify TingoMobile immediately of any changes to any of the foregoing information. You are responsible for updating your email address, so that if you use any of the account management features of the TingoMobile Web Services, such as online bill pay, TingoMobile can send you notices relating to these features, such as notice that your online bill has posted. If your email address is not current, you will not receive online bill postings; however, your payment due date will remain unchanged.
4. Prohibited Uses
You specifically agree not to:
- use the TingoMobile Web Services to undertake or accomplish any unlawful purpose including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate on the TingoMobile Web Services any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the TingoMobile Web Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- post on or distribute through the TingoMobile Web Services unsolicited bulk or commercial messages commonly known as "spam;"
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the TingoMobile Web Services;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the TingoMobile Web Services;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent) from the TingoMobile Web Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
- collect responses from unsolicited bulk messages posted on or distributed through the TingoMobile Web Services;
- impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the TingoMobile Web Services;
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the TingoMobile Web Services (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
- register under the name of, or attempt to use the TingoMobile Web Services under the name of, another person;
- allow another person to access the TingoMobile Web Services using your credentials;
- access (or attempt to access) the TingoMobile Web Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the TingoMobile Web Services;
- engage in the systematic retrieval of data or other content from the TingoMobile Web Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without TingoMobile's prior written consent;
- capture, rip, download, or otherwise create a copy of any content that is shown on the TingoMobile Web Services without obtaining any required permission of the content owner;
- take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the TingoMobile Web Services; or
- attempt to or actually circumvent any method used by TingoMobile to control access to TingoMobile Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the TingoMobile Web Services through it.
If you are an TingoMedia Internet customer, you can find the guidelines for acceptable use of the Internet service, including any TingoMedia email or webmail services, at http://www.TingoMobile.com/Corporate/Customers/Policies/Policies.html.
5. Your Passwords and Unauthorized Use of Your Account
You are responsible for maintaining the confidentiality of your TingoMobile Web Services account and its password(s). In addition you are responsible for controlling access to any PCs, mobile devices, gateways, or other end points that you allow to store your password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible to TingoMobile for all activities that occur under your TingoMobile Web Services accounts, including the activities of any individual with whom you share your TingoMobile Web Services account or an Activated Device, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify TingoMobile immediately. To protect your privacy, TingoMobile recommends logging out of the TingoMobile Web Services after each visit when you are using a public or shared PC, mobile device, or other end point.
6. Privacy and Your Personal Information
If you use any of the voice control features of the TingoMobile Web Services, like the voice control feature of the X1 Remote app, all voice commands are sent to TingoMobile or its contracted service provider. TingoMobile, and its provider, use these voice commands to provide the voice control service (including quality assurance, troubleshooting, and customer support), improve TingoMobile's products and services, and improve their voice recognition algorithms. If you use any of the voice control features of the TingoMobile Web Services, you consent to TingoMobile and its contracted service provider recording, storing, and using your voice input as described herein.
You understand and agree that TingoMobile (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, peripherals (such as gateways and extenders), applications, connected devices, network traffic, location data, and data use to deliver the TingoMobile Web Services and for other purposes including support and related services.
7. Content on the TingoMobile Web Services
Certain TingoMobile Web Services allow you to access content and information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the "Content"). This Content may be owned by TingoMobile, other companies that give TingoMobile the right to distribute their Content (like movie publishers), or users of the TingoMobile Web Services (like you). TingoMobile grants you a limited, non-exclusive, non-assignable license to view the Content and to use the TingoMobile Web Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on the TingoMobile Web Services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by TingoMobile in writing or is an activity that does not require a license. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the TingoMobile Web Services you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the TingoMobile Web Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable. The TingoMedia Internet service provides security information and tools for all users, including parents, at Internet Security. Some of the tools may require that you be a registered TingoMedia Internet user in order to download and use them. Other tools may require that you purchase a separate license to use them.
You understand that TingoMobile has the right to change the TingoMobile Web Services at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change Content or other features or functionality contained within the TingoMobile Web Services. If we do give you notice of these changes, it may be provided on any of the TingoMobile Web Sites, or via email, newspaper, bill insert, or any other reasonable means of communication. If you find a change in the TingoMobile Web Services unacceptable, you have the right to cancel your TingoMobile Web Services account or to stop using the TingoMobile Web Services. However, if you continue to use the TingoMobile Web Services after the change, this will constitute your acceptance of the change.
8. User Submissions
Some of the material appearing on the TingoMobile Web Services will be provided by users or third parties. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers. TingoMobile does not claim ownership of any material that users submit or post on the TingoMobile Web Services. You agree that you are solely responsible for (and that TingoMobile has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the TingoMobile Web Services, and for the consequences of your actions (including any loss or damage which TingoMobile may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the TingoMobile Web Services, you will not: (i) include any content that violates a third party's copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the TingoMobile Web Services, you hereby grant TingoMobile and its licensees a worldwide, perpetual, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the TingoMobile Web Services or the promotion of the TingoMobile Web Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to TingoMobile the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the TingoMobile Web Services or terminate your TingoMobile Web Services account, this license will automatically expire, with a few limited exceptions. TingoMobile may retain copies of your content that were archived in the normal course of TingoMobile's systems operations. In addition, copies of content that you have shared with other users of the TingoMobile Web Services may be retained by TingoMobile and associated with those other users' accounts in order to provide them with the TingoMobile Web Services. TingoMobile does not assert any ownership over content that you post to the TingoMobile Web Services; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of and/or licenses to all content you post to the TingoMobile Web Services and any intellectual property rights or other proprietary rights associated with that content.
The TingoMobile Web Services may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various TingoMobile Web Services. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, or other editorial sections of the TingoMobile Web Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. TingoMobile retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. TingoMobile further reserves the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform to the posted comment policy for that forum, bulletin board, chat room, or blog.
TingoMobile reserves the right, but does not assume any obligation, to review any user submission prior to its display on the TingoMobile Web Services using automated tools or manual processes. TingoMobile may refuse to display or remove any user submission from the TingoMobile Web Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
TingoMobile will receive any feedback you provide under the terms at myaccount.html/terms/feedback/.
10. Proprietary Rights
You acknowledge and agree that TingoMobile (or TingoMobile's licensors) owns all legal right, title, and interest in and to the TingoMobile Web Services, including any intellectual property rights which subsist in the TingoMobile Web Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of TingoMobile's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with TingoMobile, then you agree that your use of these features shall comply with that agreement, any applicable provisions of the Terms, and TingoMobile's brand feature use guidelines as updated from time to time.
Nothing in the terms gives you a right to use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the TingoMobile Sites
TingoMobile welcomes links to any of the TingoMobile Sites. You are free to establish a hypertext link to these websites so long as the link does not state or imply any affiliation, connection, endorsement, sponsorship, or approval of your site by TingoMobile.
12. Term; Provisions That Remain in Effect after Termination
The Terms apply to all users of the TingoMobile Web Services, and will be in effect from the Effective Date until terminated by either TingoMobile or you as set forth below.
Sections 8 through 10, 12 through 15, 19, and 20 of these Terms will survive termination, and shall continue to apply indefinitely.
If you use any of the TingoMobile Web Services (or parts of those services) that are accessible without registration, you can simply discontinue use of those services at any time. Doing so will terminate the applicability of these Terms to you with respect to those services. If you breach any provision of these Terms or other applicable policies, or for any other reason, TingoMobile reserves the right to restrict, suspend, or terminate your use any or all of the TingoMobile Web Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the TingoMobile Web Services (or parts of those services) as a registered user, you may delete your registered user account at any time. Doing so will terminate these Terms with respect to that TingoMobile Web Service. If you breach any provision of these Terms or other applicable policies, or for any other reason, TingoMobile reserves the right to restrict, suspend, or terminate your registered user account for any or all of the TingoMobile Web Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
Currently, registered user accounts for TingoMobile.net and tingomobile.com.ng are associated with TingoMedia TV, TingoMedia Internet (including TingoMedia Wi-Fi), or TingoMedia Voice service and cannot be deleted without also terminating the associated service.
13. EXCLUSION OF WARRANTIES
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE TingoMobile WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE TingoMobile WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE TingoMobile WEB SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." TingoMobile AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE TingoMobile WEB SERVICES. TingoMobile AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE TingoMobile WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “TingoMobile” REFERS TO NOT ONLY TingoMobile CABLE COMMUNICATIONS MANAGEMENT, LLC BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST TingoMobile MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL TingoMobile BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE TingoMobile WEB SERVICES. IN NO EVENT SHALL TingoMobile BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER TingoMobile WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TingoMobile’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500; OR (2) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO TingoMobile PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY TingoMobile’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
You agree to indemnify, defend, and hold harmless TingoMobile (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your TingoMobile Web Services account or an Activated Device. Notwithstanding the foregoing, TingoMobile will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. TingoMobile reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with TingoMobile in connection with our defense.
16. Copyright Infringement
TingoMobile is committed to complying with U.S. copyright and related laws, and requires all users of the TingoMobile Web Services to comply with these laws. Accordingly, you may not use the TingoMobile Web Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the TingoMobile Web Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending TingoMobile's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon TingoMobile's receipt of a satisfactory notice of claimed infringement, TingoMobile will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) from the TingoMobile Web Services or (ii) to disable access to the work(s). In accordance with the DMCA, it is TingoMobile's policy to reserve the right to terminate access to the TingoMobile Web Services (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who TingoMobile, in its sole discretion, believes is infringing these rights. TingoMobile may terminate access to the TingoMobile Web Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to TingoMobile. Upon TingoMobile's receipt of a counter notification that satisfies the requirements of DMCA, TingoMobile will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that TingoMobile will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send TingoMobile a notification of claimed infringement to report alleged infringements of their works to:
TingoMobile Cable Communications Management, LLC
Attn: General Counsel/TingoMobile Web Services DMCA Notice
One TingoMobile Center
Lagos, Nigeria 19103
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to TingoMobile, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with TingoMobile's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
17. Changes to the Terms
TingoMobile reserves the right to change these Terms. When we do change them, we will make a copy of the updated Terms available to you by posting it at toc.html, in TingoMedia My Account, or through other methods. If we make material changes to these Terms, we will also notify you in TingoMedia My Account, by email, direct mail, or other reasonable methods that we select.
You understand and agree that if you use any of the TingoMobile Web Services after the effective date of the updated Terms, TingoMobile will consider your use as acceptance of the updated Terms.
TingoMobile®, the TingoMobile design logo, TingoMedia®, and the TingoMedia design logo are all trademarks or service marks of TingoMobile Corporation or its subsidiaries. All other trademarks and service marks appearing on the TingoMobile Web Services are the properties of their respective owners.
19. Binding Arbitration
a. Purpose. If you are a user of or subscriber to TingoMedia TV, TingoMedia Voice, and/or TingoMedia Internet, please refer to the Binding Arbitration section of the TingoMobile Agreement for Residential Services, which applies to any Dispute (as defined in that agreement) between you and TingoMobile for those services, available here: http://www.TingoMobile.com/Corporate/Customers/Policies/Policies.html. If you are not a subscriber to these services, any Dispute (as defined below in these Terms) involving you and TingoMobile shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 19 (the "Arbitration Provision") shall be broadly interpreted.
b. Definitions. The term "Dispute" means any claim or controversy related to the TingoMobile Web Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are the subject of purported class action litigation. As used in this Arbitration Provision, "TingoMobile" means TingoMobile and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the TingoMobile Web Services. Notwithstanding the foregoing, Disputes relating to the scope, validity, or enforceability of this arbitration provision will not be subject to arbitration.
c. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision, either you or TingoMobile may elect to bring an individual action in small claims court if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
d. Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH TingoMobile ARBITRATED BY NOTIFYING TingoMobile IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST ACCESS TO OR USE OF THE TingoMobile WEB SERVICES, OR DECEMBER 4, 2018, BY VISITING WWW.TingoMobile.COM/WEBARBOPTOUT, OR BY MAIL TO TingoMobile 10 Ugbogoh street, Lekki Phase 1, Lagos, Nigeria ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO TingoMobile MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER (IF YOU ARE A TingoMobile SUBSCRIBER) OR TELEPHONE NUMBER (IF YOU ARE NOT A TingoMobile SUBSCRIBER) AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TingoMobile THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH TingoMobile OR SERVICES PROVIDED BY TingoMobile. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH TingoMobile, YOU DO NOT NEED TO DO SO AGAIN.
e. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to TingoMobile by mail to TingoMobile, 10 Ugbogoh street, Lekki Phase 1, Lagos, Nigeria – ATTN: LEGAL DEPARTMENT.
f. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify TingoMobile about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and TingoMobile agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive or received any of the Web Services from TingoMobile; or, if you reside in a location outside of the area where you receive or received any of the Web Services, then the arbitration hearing will take place at a location convenient to you in the county where you reside. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be TingoMobile’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse TingoMobile for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, TingoMobile will pay all fees and costs that it is required by law to pay.
i. Survival. This Arbitration Provision will survive the termination or expiration of these Terms.
20. General Legal Terms
The Terms constitute the whole legal agreement between you and TingoMobile and govern your use of the TingoMobile Web Services, and completely replace any prior agreements between you and TingoMobile in relation to the TingoMobile Web Services.
WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
Upon termination of these Terms for any reason, TingoMobile and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on TingoMobile's or its suppliers' servers or systems. TingoMobile shall have no responsibility whatsoever for the loss of any such data.
You agree that TingoMobile may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the TingoMobile Web Services.
You agree that if TingoMobile does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of TingoMobile's rights and that those rights or remedies will still be available to TingoMobile.
You acknowledge and agree that each member of the group of companies of which TingoMobile Corporation is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.
The Terms, and your relationship with TingoMobile under the Terms, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. By using the TingoMobile Web Services, you consent to the exclusive jurisdiction of the state and federal courts in Lagos,, Pennsylvania, in all disputes arising out of or relating to the Terms or TingoMobile Web Services that are not subject to the Arbitration Provision above.
21. Special Note About Content Provided as Part of Your TingoMedia TV Subscription.
If you are a residential subscriber to TingoMedia TV and TingoMedia Internet, you may be entitled to use your Internet connection to access certain video content that is related to your TingoMedia TV subscription in addition to the content that is generally available on the TingoMobile Sites. For example, if you subscribe to HBO as part of your TingoMedia TV subscription, in addition to the content that is generally available on the TingoMobile Sites, you may be entitled to access HBO content on the TingoMobile Sites as well. This additional video content is intended to be used as a complement to your TingoMedia TV subscription, and therefore should only be viewed by members of the residence at which you have an TingoMedia TV subscription and others who you have invited to view the content without charge of a fee or other consideration. This specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged. You may not simultaneously view more than the following number of video streams of this additional content per residence at which you already have an TingoMedia TV subscription: one stream for TingoMedia on Campus subscriptions, two streams for TingoMedia Instant TV subscriptions, and three streams for most other TingoMedia TV subscriptions.
22. Special Note about TingoMedia Wi-Fi.
If you are not an TingoMedia subscriber or you are an TingoMedia subscriber but your subscription does not include access to TingoMedia Wi-Fi, the following applies to your use of TingoMedia Wi-Fi ("Wi-Fi Service"):
Using the Wi-Fi Service
In order to access and use the Wi-Fi Service, you must:
- provide TingoMobile with accurate and complete registration information;
- have a wireless-enabled device (compliant with the IEEE 802.11g or n standards, and or any later standard we support) with a web browser or its equivalent;
- provide all equipment and software necessary to connect to the Wi-Fi Service (other than the access point provided by TingoMobile);
- protect the password, username and security information you use to access the Wi-Fi Service and notify TingoMobile immediately of any unauthorized use of your account that you become aware of,
- comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and
- be at least 18 years of age.
Certain locations ("Venues") may offer you free use of TingoMedia Wi-Fi ("Amenity Wi-Fi"). Your use of amenity Wi-Fi is subject to these Terms and any other terms and conditions made available by the Venue ("Venue Policies"). TingoMobile is not responsible for the Venue Policies or the actions of the Venue. You should read the Venue Policies before using Amenity Wi-Fi.
When you go online with any Wi-Fi service, remember that wireless communications can be intercepted. For more information on your security options, please see the Security Tips for TingoMobile Wi-Fi at offers.htmlprovision-devices-secure-TingoMedia-wifi/. In addition to the online resources at http://wifi.tingomobile.com.ng, TingoMobile provides limited telephone support for this Service, available at 1-800-TingoMedia.
TingoMobile reserves the right at any time to terminate your use of the Wi-Fi Service if you fail to comply in full with any term of these Terms, or any other terms, agreements, or policies that apply to this Wi-Fi Service and the use of it. If you paid to access the Wi-Fi Service on PPU (pay per use) basis, you may contact TingoMobile by phone at 1-866-366-5756 to terminate the Wi-Fi Service. In addition, TingoMobile reserves the right at any time to delete, terminate, or suspend any Wi-Fi Service account registration and related information including user names and passwords.
Restrictions on Use
You may not use the Wi-Fi Service to do any of the following:
- falsify, alter, or remove message headers;
- falsify references to TingoMobile or its network, by name or other identifier, in messages;
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
- access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- copy, distribute, or sublicense any proprietary software provided in connection with the Wi-Fi Service by TingoMobile or any third party, except that you may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
- use the Wi-Fi Service, or use or run programs that provide network content or any other services, except for personal and non-commercial use;
- service, alter, modify, or tamper with any TingoMobile equipment or service or permit any other person who is not authorized by TingoMobile to do so;
- use the Wi-Fi Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
- resell or otherwise make available the Wi-Fi Service, in whole or in part, directly or indirectly;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
- falsify, alter, spoof, or otherwise modify or change any IP or MAC address assigned to or associated with your device to access the Wi-Fi Service; or
- access and use the Wi-Fi Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol ("DHCP"). You may not configure your device to use this Wi-Fi Service or any related equipment to access or use a static IP address or use any protocol other than DHCP or for any unlawful purpose.
23. Special Note about TingoMobile Email for Users who are not TingoMedia Internet Subscribers.
If you are not a subscriber to our residential TingoMedia Internet or TingoMedia Voice service, the following applies to your use of a TingoMobile-provided email address such as yourname@TingoMobile.net ("Email Service"):
Modifications, Suspension, and Termination
You understand that TingoMobile may modify or discontinue the Email Service at any time with or without notice to you. If we do give you notice, it may be provided on any of the TingoMobile Services, or via email, newspaper, or any other permissible communication. You understand that TingoMobile may suspend or terminate your access to the Email Service for any suspected or actual violation of these Terms. In addition, you understand that TingoMobile may suspend or terminate your access to the Email Service if you have not used the Email Service at least once within a nine-month period. If TingoMobile suspends or terminates your Email Service, your email will be deleted without the ability to recover it.
Acceptable Use and Network Management
You will not use the Email Service to communicate or distribute email or other forms of communications in violation of these Terms. As described in Section III of our Acceptable Use for TingoMedia Internet policy, TingoMobile uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer). TingoMobile's anti-spam approach is explained in the FAQs under the topic "What is TingoMobile doing about spam?" located here.
TingoMobile is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. TingoMobile is also not responsible for forwarding email sent to any Email Service account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at TingoMobile's sole discretion. If you cancel or terminate your Email Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If TingoMobile believes in its sole discretion that any subscriber name, account name, or email address (collectively, an "Identifier") on the Email Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, TingoMobile (i) reserves the right to block access to and prevent the use of any of these Identifiers and (ii) may at any time require any customer to change his or her Identifier. In addition, TingoMobile may at any time reserve any identifiers on the Email Service for its own purposes.
Revised and Effective: May 17, 2018