Terms of Service

RINGTONE.COM, LLC
TERMS OF SERVICE

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IMPORTANT: By registering or downloading content FROM OUR SITE you agree TO the following terms and conditions. read them carefully. PLEASE contact customer service with any questions.

We reserve the right to amend, supplement or modify the terms of service. If you do not agree to be bound by them your only remedy is to not subscribe or to cancel your subscription and navigate away from the site.

You must be at least 18 years old to subscribe to the Service.

1. Description of Service
The service is available at www.ringtone.com it includes everything on the website (“Service”). The Service provides downloadable mobile entertainment content including ringtones, wallpapers, text alerts, and games (“Content”). When you have registered you will be permitted to download Content to compatible wireless phones using the service. We make no representation as to compatibility of your phone with the Service.

2. Your Obligations
You must have a mobile phone that can access the internet, and a subscription to a compatible calling plan with a participating mobile service provider. To register you must provide your telephone number, your carrier and mobile phone model (“Registration Information”). An overview of our subscription process is available on the Site. We will use your Registration Information in accordance with our Privacy Policy. We will issue you a password that you can change. You agree that you will not allow others to use your password and account. You further agree the Service is for your personal use. You also agree not to copy, transmit, broadcast, upload, or otherwise distribute the Content. You may not create derivative works, make commercial use of the Content or attempt to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service or any Content. You may not use a robot, scraper, or other automated means of accessing the Site.

3. Problems Receiving Content
If you have problems downloading Content, let us know immediately by contacting Customer Service. If we do not hear from you we will assume that everything is fine. We issue subscription fee refunds only if you contact us within seven days of any technical issue that resulted in an inability to receive any Content. We will only restore credits for individual downloads if you contact us within seven days of any technical issues that resulted in an inability to receive Content.

4. Registration, Billing and Access
Details on our current subscription plans are available on the Site. The subscription rates are subject to change. We will provide you with reasonable notice of a change. If you do not accept the new subscription plan or rates you must cancel your subscription. The details of the plans are incorporated into this Agreement by reference.

By registering, you authorize us to charge the subscription fee to your mobile invoice. You further authorize us to continue billing monthly until you terminate your subscription. We will charge you the subscription fee even if you do not download any Content. All credits under all plans expire at the end of each subscription period regardless of whether they were redeemed. If your phone number changes you must login and update your information.

If your subscription is cancelled for any reason, we will not refund your fees paid to date. The subscription period begins on the first day you sign up for the subscription.

You will be allowed to use the Service so long as your mobile phone does not disturb or interfere with our site and service. We will immediately disconnect you if your phone interferes with our Service.

In the event that an unauthorized user or an individual under the age of 18 subscribes to the Service, we will issue a refund if you contact us within 60 days of the subscription sign up date.

5. Copyright and Trademark Restrictions
Your subscription gives you a limited, revocable, non-exclusive license to use the ringtone or other Content downloaded. The license is personal to you, so you cannot reproduce, distribute, or transfer Content to anyone else.

All trademarks, service marks, trade names, domain names, slogans, and logos that appear in connection with the Service are our property or the property of our partners. You may not copy, display or use any of these marks.

6. Termination
You can stop your subscription by sending the word STOP in a text message to 36726, by logging in at the website or by contacting Customer Service. We always send you a text message verifying the cancellation.

This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately cease using and remove all downloaded Content from your wireless communications device.

7. Third Party Products and Services
We may make available independent third party products and services either directly or via links to websites. WE ARE NOT A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

8. Indemnification
You agree to indemnify, defend and hold harmless the Company, its parent, partners, affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs including, but not limited to, direct, indirect, incidental, consequential, or exemplary damages, and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Service.

9. Disclaimer of Warranties and Limitation of Liability
THE SERVICE SITE AND CONTENT INCLUDING MATERIAL SUPPLIED BY THIRD PARTIES ARE PROVIDED, ON AN “AS-IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. WE DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION.

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE CONTENT OR THE SERVICE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE SERVICE. IF YOU ARE DISSATISIFIED WITH THE SITE, THE CONTENT, OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. OUR ENTIRE LIABILITY FOR ANY CLAIM IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL THEORY SHALL BE LIMITED TO THE SUBSCRIPTION AMOUNTS PAID BY YOU TO THE COMPANY.

10. International Policy
The Service is only available to residents of the United States. You may not sign up for, access, or attempt to use the Service from other countries. You agree to abide by U.S. export control laws governing transfer of any content or software.

11. Copyright Complaints
If you believe that your work has been copied and has been posted, stored or transmitted to our Site in a way that constitutes copyright infringement, please provide us the following written 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 upon;
A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and e-mail address;
A 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.

Notice of claims of copyright infringement on the Site can be sent to:

Attn: General Counsel
W3i, LLC
1900 Medical Arts Ave S Ste 200
Sartell MN 56377
Phone: 320-257-7500
Fax: 320-257-7559

12. Miscellaneous Provisions

a. Enforcement, Choice of Law, Choice of Forum. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a Minnesota state or federal court. You irrevocably submit to the personal jurisdiction in Minnesota state or federal court.

b. No Modifications or Waiver. This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

c. Effect of Agreement, Survival of Terms. This Agreement will be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.

d. Electronic Form. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

e. Correction of Errors and Inaccuracies. This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.

f. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

13. Glossary of Terms
Content includes downloadable mobile entertainment content such as ringtones, games, graphics, news, and other information or data available via the internet, SMS, MMS, WAP, BREW and other means of delivery to compatible mobile devices.

Service includes the ringtone subscription service offered by us and other things we may offer on the website from time to time.

We, Us and Our refer to Ringtone.com, LLC.

You and Your refer to each customer and his or her agents.

14. Questions or Additional Information
If you have any questions or wish to obtain additional information, please send an e-mail to help@ringtone.com. Alternatively you can send a letter to:

Ringtone.com, LLC
1900 Medical Arts Avenue
Sartell MN 56377

Our toll free customer service number is 1-866-313-7157.