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TERMS AND CONDITIONSLast Updated: 11/30/2011 RINGTONE.COM TERMS AND CONDITIONS Welcome to the Ringtone.com website (the "Website"). The Website is brought to you by Ringtone.com ("Ringtone.com," "we" or "us"), an Internet property of Mkono Media Corp. and a New Motion Inc. brand. By using or accessing the Website and our ringtone, content, music trivia, wallpaper or text message ("Content") subscription Service (the "Service"), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. Ringtone.com is not available to individuals under 18 years of age and if you are under the age of 18, you may not access or use the Website and/or Service in any manner whatsoever. YOU UNDERSTAND THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. IN ADDITION, YOU UNDERSTAND THAT ANY AND ALL MESSAGE & DATA RATES MAY APPLY YOU ARE FULLY RESPONSIBLE FOR ALL SUCH CHARGES AND RINGTONE.COM HAS NO LIABILITY OR RESPONSIBILITY TO YOU, WHATSOEVER, FOR ANY SUCH CHARGES CHARGED BY YOUR WIRELESS CARRIER. The Service is available on the following carriers: Alltel, AT&T, Boost, Dobson, Sprint, T-Mobile, U.S. Cellular, and Virgin Mobile for a monthly fee of $9.99 per month (the "Monthly Fee"). Alltel and Boost users can only receive SMS text message-based Content and services ("Text Services"). Sprint is eligible for ringtones, wallpapers, games and text alerts. Alltel Wireless, Boost, and Cellular One users can only receive our music trivia or daily text alert service. Verizon users cannot receive ringtone/wallpapers but have unlimited access/mo for text alerts.
After registering for an account on the Website, as described in Section
3 of this document, you will receive 20 credits ("Credits") per month
for a monthly fee of $9.99, which may be redeemed for any type of
Content (Realtones, Polytones, Wallpaper, or Text Services) based on the
following Credit Redemption Scale:
1. Acceptance of Agreement. This Agreement, including Ringtone.comâs Privacy Policy ("Privacy Policy") and any other rules or guidelines that may be applicable to particular offers or features on the Website (collectively, the "Rules"), are hereby incorporated by reference into this Agreement. This Agreement constitutes the entire agreement between you and Ringtone.com and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. Ringtone.com may, from time to time, change, modify, add, remove or otherwise revise portions of this Agreement, or any Rules, incorporated therein, at any time in its discretion and will post a copy of the amended Agreement on the Website. If you do not agree to the amended Agreement, your only remedy is to stop using the Website and/or Service and/or cancel your Ringtone.com membership ("Membership"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.
2. Service and Fees. Ringtone.com provides a
premium mobile subscription service which allow Members (as defined
below) to redeem Credits to receive Content. Members agree to receive
free content and promotional offers from Ringtone.com, our affiliates
and third-party marketing partners. A cell phone number is
required and must be provided to register for the Service.
The Service is available on the following carriers: Alltel, AT&T, Boost, Dobson, Sprint, T-Mobile, U.S. Cellular, and Virgin Mobile.
Alltel and Boost and users can only receive our Text Services. By entering the PIN
code sent to the mobile number provided by you in your Registration
Data, (as defined in Section 3 of this document), you agree that you are
subscribing to the Service and authorizing Ringtone.com to bill the
Monthly Fee to your wireless account or deduct it from your prepaid
balance for as long as you remain a Member. An Internet enabled mobile
device which supports mobile content is required to download Content
other than Text Services, and a realtone compatible mobile device is
required to receive realtones. The Monthly Fee will be billed once per
calendar month, each and every month on the monthly anniversary date of
your registration ("Monthly Billing Date"), to the wireless account for
the mobile phone number provided by you during registration until you
cancel your Membership. Ringtone.com reserves the right to change its
pricing at any time with or without notice to Members. However, Members
will receive reasonable notice prior to any increases in the Monthly
Fee. Members who have subscribed for Text Services will receive a
minimum of one text message daily. Members will also receive at least
one text message each and every month confirming their Membership and
providing information regarding the Service. Standard Usage charges for
SMS, MMS and other charges, including third-party charges may apply. All
charges will be billed on the wireless service bill or deducted from
the prepaid balance for the mobile phone number provided during
registration. Ringtone.com reserves the right to charge the Monthly Fee
via credit or debit card, or other payment mechanism in the future.
MEMBERS ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL COSTS CHARGED
BY A WIRELESS CARRIER WHETHER TO THEIR WIRELESS ACCOUNT OR A THIRD-PARTY
WIRELESS ACCOUNT AS THEY ARISE FROM USE OF THE SERVICE.
3. Registration. To use the Service, you must
first register for Membership and supply certain registration data that
may include, without limitation, username, password, mobile telephone
number, e-mail address, mailing address. You agree to provide accurate
Registration Data for which you have the authorization to supply to
Ringtone.com and to update your Registration Data as necessary to
maintain it in an up to date and accurate fashion. Ringtone.com may use
your Registration Data in accordance with our Privacy Policy. Your right
to use the Service is strictly limited to your personal, non-commercial
use and is not transferable by you. If you provide Registration Data
that is untrue, inaccurate or incomplete, or Ringtone.com suspects in
its sole discretion that you have done so, Ringtone.com reserves the
right to suspend or terminate your Membership and all use of and access
to the Website and/or Service by you.
4. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Website (and its associated content) and/or Service in accordance with this Agreement. Ringtone.com may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer and/or one mobile telephone for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. Ringtone.com reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Ringtone.com infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about Ringtone.com and to apply for Membership. 5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, Service and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by Ringtone.com does not constitute a waiver of any right in such information and/or materials.
6. Modifications, Changes to Website and Service.
Ringtone.com reserves the right, at any time, to modify or discontinue,
temporarily or permanently, the Website and/or Service (or any part
thereof) with or without notice to you, without any liability to you or
to any third party.
7. Privacy Policy. Use of the Website and/or
Service is subject to our Privacy Policy, which is hereby incorporated
into, and made part of, this Agreement. We reserve the right, and you
authorize us, to use information regarding your Website and/or Service
use and any and all other personal information provided by or collected
from you in any manner consistent with our Privacy Policy.
8. Third-Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Ringtone.com has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Ringtone.com is not responsible for the availability of such third-party websites and/or resources. Furthermore, Ringtone.com does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom. 9. Injunctive Relief. You acknowledge that Ringtone.com may be irreparably damaged if this Agreement, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of any unauthorized use, a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you, Ringtone.com shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for New York, New York, or the United States District Court, Southern District of New York. You herby consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in New York, New York. You also agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. 10. Indemnification. You agree to indemnify, defend and hold Ringtone.com and its parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership; (4) your infringement of the intellectual property or other rights of any person or entity. You agree to immediately notify Ringtone.com of any unauthorized use of your Membership.
11. Termination. Ringtone.com may, in its sole
discretion, terminate this Agreement and/or suspend your Membership and
or use of the Website or Service at any time without notice to you, in
the event that you breach (or Ringtone.com reasonably suspects, in its
sole discretion, that you have breached) any provision of this
Agreement. If Ringtone.com terminates this Agreement, or suspends your
Membership and/or use of the Website or Service for any of the reasons
set forth in this Agreement, Ringtone.com shall have no liability or
responsibility to you, and Ringtone.com will not refund any amounts that
you have previously paid.
12. DISCLAIMERS. THE WEBSITE, SERVICE AND
ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING,
WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND/OR ASSOCIATED CONTENT MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RINGTONE.COM HAS NO
LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE,
SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, RINGTONE.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RINGTONE.COM AND YOU. THE
WEBSITE, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE AND/OR SERVICE
SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
13. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated at the Website and/or Service, please provide Ringtone.com's copyright agent with the following information:
COPYRIGHT INFRINGEMENT NOTICE
14. Other Restrictions. The Website and/or Service are
available only to individuals who can enter into legally binding
contracts under applicable law. The Website and/or Service are not
intended for use by individuals under the age of 18. Currently,
Ringtone.com is only available to residents of the United States. You
understand and acknowledge that you may not register for, access, or use
the Website and/or Service from countries other than these
jurisdictions. You agree to abide by the applicable United States export
control laws and any other applicable laws, rules and/or regulations
with respect to the Service and associated content.
15. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment needed for access to, and use of, the Website and/or Service, and all charges related thereto including, without limitation, that your mobile device is fully compatible with the specific content you obtain from Ringtone.com (e.g. brew, java or polyphonic tone-capable) and participating wireless carrier. In addition, you are solely responsible for obtaining and maintaining software and/or hardware to utilize the Service. Without limiting the foregoing, you understand and agree that you are responsible for any and all standard wireless messaging costs, fees and/or charges associated with and/or arising from the Service that may be charged by your wireless carrier. 16. Governing Law, Venue and Jurisdiction; Arbitration. This Agreement shall be treated as though it were executed and performed in New York, New York and this Agreement, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, the Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in New York, New York. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Website and/or Service. You and Ringtone.com shall select the arbitrator, and if you and Ringtone.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then Ringtone.com shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited One Thousand Dollars ($1,000) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. 17. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Ringtone.com and your and Ringtone.com's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for New York, New York or the United States District Court, Southern District of New York. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and/or for New York, New York, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise
18. Miscellaneous. If any arbitrator or court of
competent jurisdiction deems any portion of this Agreement, the Privacy
Policy or any applicable Rules unlawful, void or unenforceable, the
applicable Agreement, Privacy Policy or Rules as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion of the
applicable Agreement, Privacy Policy or Rules that is unlawful, void or
unenforceable shall be stricken.
19. Legal Warning. Any attempt by any individual, whether or not an Ringtone.com member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and Ringtone.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
20. Contact Information.
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Copyright © 2012 Ringtone.com, LLC. All Rights Reserved. Artist names and images are for identification only.