The Ringtone Charts – Terms of Service Agreement

TERMS OF SERVICE AGREEMENT

LAST REVISION: 27 April, 2010

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEB SITE OR SUBMITTING YOUR PERSONAL INFORMATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

I. THE SERVICE
II. TERM AND TERMINATION
III. YOUR REGISTRATION AND ACCOUNT
IV. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
V. CONTENT USAGE RULES
VI. PROPRIETARY RIGHTS
VII. YOUR ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS
VIII. YOUR PRIVACY
IX. INDEMNITY
X. DISCLAIMER OF WARRANTIES
XI. LIMITATION OF LIABILITY
XII. NOTICES AND ANNOUNCEMENTS
XIII. TRADEMARKS
XIV. SMS ALERTS
XV. GENERAL
XVI. QUESTIONS
XVII. SUPPORTED CARRIERS

 

This Terms of Service Agreement (the "Agreement") governs the provision of the Service (as defined below) by to you. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (www.mp3musicringtones.com) ("The Ringtone Charts Site"). We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of the Service following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit "The Ringtone Charts Site" to make sure that you understand the terms of the Service provided to you. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Service. If you would like to print this Agreement, please click the print button on your browser toolbar.

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I. THE SERVICE

(a) Age Requirements for Use of Services. Certain services offered by us are for the sole use of individuals between the ages of 13 and 18, and if you are between those ages, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

(b) Artist Names. Artist names are used for informational purposes only.

(c) Service and Content. Through "The Ringtone Charts Site", we permit you to purchase (the "Service") a non exclusive, revocable, non-transferable, non-assignable, personal, limited license to:

(i) download digital content-such as sound recordings, cellular phone wallpapers, cellular phone screensavers - ("Content") and

(ii) display or play, as the case may be, such Content on a single cellular phone (a "Device") owned by you in accordance with the terms and conditions as set forth in this Agreement.
By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content.

(d) Subscriptions. Your monthly subscription for 10 ringtones and papers will be automatically renewed if not unsubscribed. Unused credits do not rollover to next period (use your credit!). To unsubscribe please text STOP to 323232. The rate for this service is $9.99 per month and will appear on your mobile phone bill. Other charges may apply.

(e) Text Chat Services.  Certain text chat services employ operators who are paid to participate.  All chat services for minors are monitored for content; however we do not accept responsibility for actions taken by users.

(f) Payment.

(i) Payment Method: Payment Method: You will be charged for services on your cellular phone bill.  Standard messaging rates and other applicable fees may apply. 

Tokens are no longer available.  If you have any questions regarding the termination of the token program, please contact customer service.

(ii) Right to Change Prices and Availability of Content. Prices and availability of any Content are subject to change at any time.

(iii) Electronic Signatures and Contracts. Your use of the Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

(iv) If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, we may, in our sole discretion, and without prejudice to its other rights, immediately terminate your use of the Service and revoke your license to the Content. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower.

(g) System Requirements. Use of the Service requires a compatible computer, compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device.

(h) Customer Service. For customer service, please contact support@theringtonecharts.com or call 1-800-320-1020.

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II. TERM AND TERMINATION

(a) Term. The term of this Agreement (the "Term") will begin on the date on which you first use “The Ringtone Charts Site” or purchase Content, whichever is earlier and shall continue for either seven (7) or thirty (30) successive day terms (depending on your subscription) unless earlier terminated by you or us as set forth below. We may terminate this Agreement at any time, for any reason; provided that we provide you with twenty-four (24) hour written (or e-mail) notice. Further, we may terminate this Agreement or any part of the Service immediately, without notice, in the event you breach any obligation hereunder. You may terminate this Agreement by giving seven (7) days or thirty (30) days' notice prior to the conclusion of the Term (depending on your subscription). In this case, the termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide written notice to us by texting “end”, “stop” or “quit” to the short code you used to subscribe to the service.

(b) Effect of Termination. Any licenses granted to you hereunder shall immediately terminate upon the termination of this Agreement. You will not receive any refund for payments already made by you as of the date of termination. If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs we incur in closing your account. You will pay any and all costs incurred by us in enforcing your compliance with this Agreement. Upon termination, you shall destroy any copy of the Content licensed to you hereunder and referenced herein.

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III. YOUR REGISTRATION AND ACCOUNT

(a) Registration. If you submit personal information to us in order to sign up for certain services, you agree that the registration data you provide:

(i) is true, accurate, current and complete, and

(ii) will be maintained and updated by you to keep it true, accurate, current and complete. We reserve the right to terminate your use of the Service and refuse to provide you with any and all current or future use of the Service if we, in our sole discretion, determine that any of your registration data is untrue, inaccurate, not current or incomplete.

(b) Registry Information Download. Once you have provided the information specified in (a) above, our software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You will allow our software to obtain this information and not to manipulate or falsify such information.

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IV. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS

(a) Compliance with Laws, Regulations and Requirements. You will not use the Service or Content for illegal purposes but will abide by and comply with:

(i) all applicable local, state, national, and international laws and regulations in your use of the Service or Content (including laws regarding the transmission of technical data exported from the United States ), and

(ii) all requirements, procedures, policies and regulations of networks connected to the Service.

(b) Non-Interference. You will not interfere with or disrupt:

(i) the use and enjoyment of the Service by other users; or

(ii) the Service or servers or networks connected to the Service (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Service).

(c) Resale of the Content. You will not resell the Content or the use of or access to the Service.

(d) Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Service of which you become aware by contacting us at abuse@mp3musicringtones.com.

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V. CONTENT USAGE RULES

You acknowledge that the Content may contain security technology that limits your usage of the Content to some or all of the following usage rules, and you agree to use the Content in compliance with such usage rules.

(a) Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.

(b) You may only use the Content for personal, non-commercial use.

(c) You may only use the content on a single Device.

(d) You may not export, burn or copy the Content unless expressly permitted by this Agreement.

(e) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or the Content.

(f) The delivery of Content to you does not transfer to you any commercial or promotional use rights in the Content.

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VI. PROPRIETARY RIGHTS

All Content, including but not limited to text, software, music, sound, photographs, graphics, video, presented and/or licensed to you via the Service, is protected by intellectual property or other proprietary rights and laws. You are permitted to use this material and information only as expressly authorized by us, and may not copy, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from us in each instance.

The images appearing on this web site are for entertainment purposes only.

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VII. YOUR ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS

(a) Third Party Links. We are not responsible in any way for, and do not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through “The Ringtone Charts Site”. In addition, we do not endorse and are not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.

(b) Infringer Policy. If you believe that any material available through “The Ringtone Charts Site” infringes upon any copyright you own or control, or that any link on “The Ringtone Charts Site” directs users to another Web site that contains material that you own or control, you may file a notification of such infringement with our Designated Agent. Please refer to the "Copyright Policy" and "Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement" set forth on “The Ringtone Charts Site” at mp3musicringtones.com.

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VIII. YOUR PRIVACY

We believe strongly in protecting user privacy and providing you with notice of our use of data, including personal identifying information, collected on “The Ringtone Charts Site”. Unless required to provide the Service to you, we will not disclose your personal identifiable information to third parties without your express permission. Additionally, we will not disclose your email address, or the email addresses of individuals sending you emails, to direct marketers. Please refer to the current The Ringtone Charts Privacy Statement (http://www.mp3musicringtones.mobi/privacy.php) for information regarding how we use and collect information.

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IX. INDEMNITY

You will release, indemnify, defend and hold harmless us, and any of contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

(a) this Agreement or the breach of your warranties, representations and obligations under this Agreement,

(b) the Service/Content or your use of such Service/Content,

(c) any intellectual property or other proprietary right of any person or entity,

(d) your violation of any of the provisions of this Agreement, or

(e) any information or data you supplied to us, including, without limitation, any misrepresentation in your registration data, if applicable.

If we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defence by you of a third-party claim related to your use of any of the Service, with counsel of our choice at our expense. We will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.

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X. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CONTENT.

(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY:

(i) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;

(ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE, OR ERROR-FREE;

(iii) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR

(iv) REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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XI. LIMITATION OF LIABILITY

(a) OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.

(b) WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;

(ii) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;

(iii) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR

(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(d) WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.

(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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XII. NOTICES AND ANNOUNCEMENTS

You authorize us to notify you of information that we deem to be of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to us shall be delivered to 895 Dove street Suite 300, Newport Beach, California, CA 92660, tel. (800)-320-1020, fax: (888)-388-0460. All notices to you will be delivered to via your mobile device or contact information as provided by you. We may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on “The Ringtone Charts Site”. Notices to us must be sent by either overnight courier or certified mail, return receipt requested.

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XIII. TRADEMARKS

The Ringtone Charts™, The Ringtone Charts™ logo, and other The Ringtone Charts trademarks, service marks, graphics, and logos used in connection with the Service and Content are trademarks or registered trademarks owned by us in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service and Content may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. All references to the names and likeness of performing artists on the “The Ringtone Charts Site” are for promotional purposes only.

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XIV. SMS ALERTS

If you gave us your e-mail address when you registered, we may use it to send you “The Ringtone Charts” newsletters, product updates, service-related information, and other offers and information from us or our business partners, and you hereby consent to such e-mails. We may also contact you by e-mail to respond to any customer service inquiries you submit. We do not disclose your e-mail address to business partners or to anyone other than employees and agents working for or on behalf of us, except as required by subpoenas, court orders, or legal requirements. We do not use your e-mail address to correlate your identity to your Internet usage paths. If you do not want to receive “The Ringtone Charts” newsletters, offers, and product and service information, simply click the unsubscribe link at the bottom the e-mail address where such information is being sent.

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XV. GENERAL

(a) Entire Agreement. This Agreement comprises the entire agreement among you and us (The Ringtone Charts) and supersedes any prior agreements pertaining to the subject matter contained herein.

(b) Effect of Waiver. Failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

(c) Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of Washington without regard to its conflict of law principles to the contrary. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in King County, State of Washington. Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.

(d) Headings. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.

(e) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section

(i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof; and

(ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement.

(f) Survival. Any provision in this Agreement that by its nature should survive the termination of this agreement shall continue to remain in full force and effect after the termination or expiration of this Agreement (e.g., indemnification, limitation of liability, disclaimer of warranties). I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

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XVI. QUESTIONS

(a) Questions: You can contact us via email at Tracy@mediapocket.co.uk or by phone 877.853.5331. At any time, from your mobile phone, you can also send a text message with the word "HELP" to this number: 323232.

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XVII. QUESTIONS

(a) Find Your Carrier: The Ringtone Charts program is compatible with most Alltel, AT&T, T-Mobile and U.S. Cellular devices. We try to make it so everyone can participate but depending on your carrier, plan, and phone we can't guarantee it'll work for you.

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