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1.0 General Terms of Use
1.1 RingtoneUSA.com (the "Service") is an online distribution platform that offers wireless content distribution. These terms of use are provided by IMAGIN and apply to sales of all the contents ("Products") made available to customers on the www.RingtoneUSA.com website.
1.2 The terms of use contained in this website must be reviewed carefully and agreed to before "Products" contained herein can be used. Use of any "Product" assumes your acceptance of these Terms of Use, in full and without exception to their notices. Customers who do not agree with these Terms of Use cannot use the "Service" or "Product". IMAGIN reserves the right to modify these Terms of Use without notice. Such modifications will be effective at the time of posting on www.RingtoneUSA.com. Customers are responsible for reviewing the changes made to the Terms of Use.
1.3 By using and/or visiting this Website (collectively, including all Content available through the RingtoneUSA.com domain name, the "RingtoneUSA Website", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Use"), whether you are a "Web Visitor" (which means that you simply browse the RingtoneUSA.com Website) or you are a "Member" (which means that you have registered with RingtoneUSA.com) and the terms and conditions of RingtoneUSA.com's privacy notice, which are published at http://www.RingtoneUSA.com/PrivacyPolicy.php and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the RingtoneUSA.com Website.
1.4 These Terms of Use apply to all users of the RingtoneUSA Website, including members who are also contributors of mobile ringtones, wallpapers, video content, information, and other materials or services on the Website.
If you wish to become a Member and make use of the RingtoneUSA.com Services, you are required to agree to additional terms and conditions ("Members Terms of Use Agreement") included in the Registration process. The services offered by RingtoneUSA.com ("RingtoneUSA.com" or "we") include the RingtoneUSA.com website (the "RingtoneUSA Website"), the RingtoneUSA.com content management and billing platform, and any other features, content, or applications offered by RingtoneUSA.com in connection with the RingtoneUSA Website (collectively, the "Service").
2.0 Site Use
2.1 Website Access
- A. IMAGIN hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (1) your use of the Website as permitted is solely for your personal use; (2) you will not copy or alter any part of the Website without IMAGIN's prior written authorization; and (3) you will comply with these Terms of Use.
- B. In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IMAGIN immediately of any breach of security or unauthorized use of your account. Although IMAGIN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IMAGIN or others due to such unauthorized use.
- C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the RingtoneUSA.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, IMAGIN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. IMAGIN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any members of the Website with respect to their Members Submissions.
2.2 The "Products" of this site may contain and include ringtones, wallpapers, videos and other services. The material contained on www.RingtoneUSA.com is subject to modification or removal at IMAGIN's sole discretion.
2.3 You assume total responsibility and risk for your use of this Service. IMAGIN does not make any warranties, express or implied, representations or endorsements with regard to the third party services, merchants, information or products offered on this Site.
2.4 As a condition of your use of the Site/Service, you will not use the Site/Service for any purpose that is unlawful or prohibited by these terms of use. You may not use the Site/Service in any manner that could damage, disable, overburden, or impair the Site/Service or network connected to the Site/Service or interfere with any other party's use and enjoyment of the Site/Service. You may not attempt to gain unauthorized access to the Site/Service, accounts, computer systems or networks connected to the Site/Service through any means.
2.5 IMAGIN reserves the right at all times to disclose any information as IMAGIN deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
2.6 Unless otherwise specified, the Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the site.
2.7 The IMAGIN site may contain links to third party web sites ("Linked Sites"). The "Linked Sites" are not under the control of IMAGIN and IMAGIN is not responsible for the contents of any "Linked Site", including and without limitation to any link contained in a "Linked Site", or any changes or updates to a "Linked Site". IMAGIN is not responsible for web casting or any other form of transmission received from any "Linked Site"; nor is IMAGIN responsible if the "Linked Site"; is not working appropriately. IMAGIN is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by IMAGIN of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the "Linked Sites". Any dealings with third parties (including advertisers) included within the IMAGIN Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. IMAGIN shall not be responsible or liable for any part of any such dealings or promotions.
2.8 The Download(s) made available as part of the Service are owned by IMAGIN, its members and/or licensors, as applicable, and are protected by intellectual property laws. IMAGIN hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device. 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 remove all downloaded mobile content from your wireless communications device.
2.9 IMAGIN reserves the right to terminate your access to the Site/Service at any time, without notice.
3.0 Price, Delivery, and Returns
3.1 The price of any "Product" purchased through the site will be the price specified in the site at the time of your purchase. Payment may be made via such methods as are supported on the website, including various credit or debit cards, ("Card") and premium short codes ("Short Code"). Upon presentation of the "Card" or "Short Code" the purchaser warrants that he/she is the responsible party for that billing method or has the permission of the responsible party for that billing method to use that billing method and that the billing information provided is accurate. IMAGIN will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize IMAGIN to charge the presented billing method for the purchase.
3.2 Delivery: Delivery of Product(s) purchased pursuant to these terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (Please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available on the order form. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered and the Purchaser has completed a successful download and playing of the free test ringtone prior to purchase, IMAGIN will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error. If the Purchaser's error caused the non-delivery, payment will not be refunded.
4.0 Members Submissions
A. The RingtoneUSA Website permits the submission of mobile ringtones, wallpapers, videos or other communications submitted by registered members ("Members Submissions") and the hosting, publishing and/or selling of such Members Submissions
B. You are solely responsible for your own Members Submissions as well as for the consequences of uploading them and you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, and permissions to use and authorize IMAGIN to use all copyright or other proprietary rights in and to any and all Members Submissions to enable inclusion and use of the Members Submissions according to these Terms of Use; and (2) you have the written consent and/or permission of every identifiable individual person in the Member Submission to use the name or likeness of every such identifiable individual person to enable inclusion and use of the Members Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your Members Submissions, but by submitting them to RingtoneUSA.com, you hereby grant IMAGIN a non-exclusive, royalty-free, worldwide sublicenseable and transferable license to use, reproduce, distribute, display, and perform the Members Submissions in connection with the RingtoneUSA Website and RingtoneUSA's (and its successor's) business, including without limitation for promoting and redistributing part or all of the RingtoneUSA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the RingtoneUSA Website a non-exclusive license to access your Members Submissions through the Website under these Terms of Use. The foregoing license granted by you is valid for no less than 3 (three) years and does not terminate once you remove or delete a Member Submission from the RingtoneUSA Website or if you terminate your membership.
C. In connection with Members Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RingtoneUSA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IMAGIN or any third party; (iii) submit 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 inappropriate; (iv) impersonate another person. IMAGIN does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and IMAGIN expressly disclaims any and all liability in connection with Members Submissions. IMAGIN does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and IMAGIN will remove all Content and Members Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. IMAGIN reserves the right to remove Content and Members Submissions without prior notice. IMAGIN will also terminate a Member's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than twice and/or has had a Member Submission removed from the Website more than twice. IMAGIN also reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or inappropriate digital format. IMAGIN may remove such Members Submissions and/or terminate a Member's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Member Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A representative list of all the copyrighted work(s) claimed to have been infringed on a single online site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information to permit the service provider to contact you, such as an address, telephone number and email 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; and
- A statement by you made under penalty of perjury that the information in the notification is accurate, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RingtoneUSA's designated Copyright Agent to receive notifications of claimed infringement is:
RingtoneUSA.com
Att: Copyright Agent
13351-D Riverside Dr., #677
Sherman Oaks, CA 91423
Email: copyright@RingtoneUSA.com.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to RingtoneUSA customer service through http://www.RingtoneUSA.com. You acknowledge that if you fail to comply with all of the requirements of this Section 6(D), your DMCA notice may not be valid.
E. You understand that when using the RingtoneUSA Website, you will be exposed to Members Submissions from a variety of sources, and that IMAGIN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Members Submissions. You further understand and acknowledge that you may be exposed to Members Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IMAGIN with respect thereto, and agree to indemnify and hold RingtoneUSA.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5.0 Intellectual Property Rights
The content on the RingtoneUSA Website, except all Members Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to IMAGIN, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. IMAGIN reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Members Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the RingtoneUSA Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RingtoneUSA Website or the Content therein.
6.0 Liability
6.1 The information, Products and Services included in or available through the IMAGIN site may include inaccuracies or typographical errors. Changes are periodically made to the IMAGIN site and to the information therein. IMAGIN and/or its authorized agents may make improvements and/or changes in the IMAGIN site at any time. IMAGIN and its authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the IMAGIN site for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. IMAGIN and its authorized agents hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that IMAGIN shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You specifically agree that IMAGIN is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
6.2 Damages: In no event shall IMAGIN or its authorized agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the IMAGIN Site/Service, with the delay or inability to use the IMAGIN Site/Service or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the IMAGIN Site/Service, or otherwise arising out of the use of the IMAGIN Site/Service, whether based on contract, tort, negligence, strict liability or otherwise, even if IMAGIN or any of its authorized agents have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the IMAGIN Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the IMAGIN Site.
7.0 Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the RingtoneUSA Website is not intended for children under 13. If you are under 13 years of age, then please do not use the RingtoneUSA Website
8.0 Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IMAGIN without restriction.
9.0 General
You agree that: (i) the RingtoneUSA Website shall be deemed solely based in California; and (ii) the RingtoneUSA Website shall be deemed a passive website that does not give rise to personal jurisdiction over RingtoneUSA, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and IMAGIN that arises in whole or in part from the RingtoneUSA Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IMAGIN as a result of this agreement or use of the IMAGIN Site. You agree to indemnify and hold IMAGIN, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the IMAGIN Site. IMAGIN reserves the right to disclose any personal information about you or your use of the IMAGIN Site, including its contents, without your prior permission if IMAGIN has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of IMAGIN or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. IMAGIN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IMAGIN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IMAGIN Site or information provided to or gathered by IMAGIN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IMAGIN with respect to the IMAGIN Site (RingtoneUSA.com) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IMAGIN with respect to the IMAGIN Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SUBJECT TO CHANGE WITHOUT NOTICE.
I have read this Agreement and agree to all of the provisions contained above.
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