Welcome to mySay, a phone service to stay in touch with friends. The mySay.com website, related phone service and other components (collectively the "Service") is operated by Rococo Software Ltd ("mySay").

By using the Service, you accept and agree to be bound by the following terms and conditions (the "Terms of Service") and accept the mySay Privacy Policy. We reserve the right to modify these agreements at any time. Such modifications shall be effective upon posting on our website. We encourage you to check the Terms of Service and Privacy Policy periodically for any changes. By using the Service following any such modifications, you agree to be bound by the revised Terms of Service and Privacy Policy.

Beta Service

You acknowledge that the Service is in Beta Testing and contains defects. You will not rely in any way on the correct functioning or performance of the service. In particular, you should not use the service for any confidential, sensitive or emergency communication. You will assume all risks associated with your use of the Service.

We may also impose rules and limits on use of the Service or restrict access to part or all of the Service at any time. The service will be provided free of charge but we reserve the right to change this in the future. If we do, we will notify you of the charges in advance.

In using the Service, you agree that mySay may collect and store your personal information according to the terms of our Privacy Policy. We will not disclose your contact details (phone number, email address) to any 3rd party business (e.g. advertiser, telemarketer) without your consent, unless we are required to do so pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws.

Links

mySay has not reviewed all of the web sites that may be linked to or from this web site, and it neither endorses nor accepts responsibility for the content of any such sites. If you choose to go to sites linked to or from the web site, you do so at your own risk. mySay encourages its users to read the terms of use and privacy policy for any web site they may choose to visit.

Intellectual Property Rights

mySay and the mySay Logo are trademarks of mySay and are protected by trademark law. In addition, other materials on the web site are protected by copyright and/or other intellectual property laws and any unauthorized use of the materials on the web site may violate such laws. Nothing contained in this web site should be construed as granting, by implication, estoppel or otherwise, any license to use mySay's trademarks, copyrighted materials or other intellectual property in connection with any product, service, publication or web site without the express written permission of mySay

You may provide mySay with feedback on the Service, any problems you may incur, and ideas for enhancements. You hereby assign to mySay all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, trademark, moral right or other intellectual property rights. You will not provide us with Feedback that is subject to any intellectual property or other right of any third party.

Confidentiality

By accepting these Terms of Service you hereby accept and incorporate by reference all terms and conditions of the mySay Privacy Policy as may be amended from time to time. In registering for the Service, you agree to provide and maintain accurate and complete information about yourself. You agree to be responsible for the confidentiality of any Logon and Password details used by you to access the system.

Acceptable Use

You may use the Service as provided for casual communication purposes only. You agree not to use the Service for illegal purposes or for communication that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, tortuous, generates unwanted communication or is otherwise objectionable. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service.

While using the Service, you may have limited access to information on other users (for example their profile information). This information is provided to you solely for the purpose of using the Service in accordance with the mySay Terms and Conditions. You may not harvest or otherwise collect information about other users. You may not create a false identity for the purpose of misleading others. mySay makes no representations or warranties as to the accuracy or completeness of information provided in member profiles. By using the Service, you acknowledge that mySay does not control the information provided by its users and you agree that mySay is not responsible for acts or omissions by its users.

You may not use mySay to advertise to, or solicit any other user to buy or sell any products or services. You may not transmit any chain messages or junk messages using the service. You may not display any advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting messages with a commercial purpose.

User Content

By posting audio recordings, files, messages or other materials ("User Content") to the Service, you automatically grant, and you represent and warrant that you have the right to grant to mySay, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The license does not grant mySay the right to sell or distribute your User Content outside the Service and will terminate if you remove your User Content from the Service.

mySay assumes no responsibility for monitoring User Content, but may delete any User Content that in the sole judgement of mySay is inappropriate or likely to be illegal, injurous or offensive to other users.

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. mySay may terminate access for users who repeatedly infringe the copyright rights of others.

If you believe that your work has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service;
• your address, telephone number, and email address;
• 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;
• 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.

mySay's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, Rococo Software Ltd, 3 Lincoln Place, Dublin 2, Ireland.
By Fax: +353 1 6620170.
By Email: copyright@mysay.com.

Termination of Access

You agree that we may terminate or suspend your access to the Service for any reason at any time.

You agree that your obligations under this agreement will continue beyond termination of your access to the service.

Disclosure of Information

mySay reserves the right to disclose any information in order to comply with any applicable laws and/or requests under legal process, to operate its systems properly, to protect the property or rights of mySay, or to safeguard the interests of other users of the Service.

Disclaimer

You acknowledge that the Service is in development and contains defects. You expressly agree that the use of the Service is solely at your own risk. MYSAY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,EMPLOYEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold mySay, our officers, directors and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service.

Entire Agreement

These Terms of Service and associated Privacy Policy constitute the entire agreement between the parties and supersede any prior written or oral agreement or understanding with respect to the subject matter thereof.

General Provisions

This agreement shall be governed by and construed in accordance with the laws of Ireland.

Last revised: 3rd April, 2007