Last Updated: March 5, 2007
GetRingtonesToday.com Terms and Conditions
Welcome to the GetRingtonesToday.com website (the "Website") brought to you by TD Networks. ("GetRingtonesToday.com" "us" “our”or "we"). You must fully agree to these GetRingtonesToday.com Terms and Conditions ("the "Agreement") before using the Website, signing up for a GetRingtonesToday.com membership ("Membership") and/or installing the GetRingtonesToday.com Download software ("Download Software"). Please be aware that visitors to the Website, who may or may not become members ("Visitors"), are subject to this Agreement, as well. Please read this Agreement carefully. By accessing and/or using this Website, Download Software and/or the Service, you hereby agree to this Agreement, in its entirety. In addition, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions. This Agreement is subject to change at any time and such changes are effective upon their posting at the Website. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments and/or changes to the original Agreement. If you do not agree to this Agreement in its entirety, you are not authorized to access or use this Website, Download Software and/or the Service in any manner or form, whatsoever.
1. Our Service.
a) The GetRingtonesToday.com system (the "Service") allows GetRingtonesToday.com members ("Members") to upload and receive any content (including, without limitation, music files, and/or pictures) available on their computer (collectively, the "Download Content"), through use of our website. GetRingtonesToday.com provides only the Service and associated Download Software and, in no way, is involved in the provision of Download Content. The Service and Download Software are made available to our Members, subject to the terms of this Agreement.
b) To gain entrance to the Service, you must register and pay for Membership. To register, you must supply certain registration information including, and without limitation, legal name, username, password, telephone number, e-mail address, mailing address and credit card information for billing purposes ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data, as necessary, to maintain it in an up to date and accurate fashion. GetRingtonesToday.com will use your Registration Data in accordance with the terms of our privacy policy ("Privacy Policy").
c) Access to, and use of, the Service is through a combination of both user name and password ("Login"). You must keep your Login strictly confidential. For security reasons, GetRingtonesToday.com will not release passwords for any reason, other than to the applicable Members themselves, except as may be specifically required by law and/or court order. You must agree that you will not authorize and/or permit others to use your Membership. GetRingtonesToday.com shall not be responsible for any unauthorized use of your Membership. Furthermore, unauthorized access to the Website, Download Software and/or Service are a breach of this Agreement, violation of applicable law and subject to your obligations of indemnification as set forth in Section 10, hereinbelow.
d) Your Membership with GetRingtonesToday.com will never expire as long as we are able to provide Service. GetRingtonesToday.com can, at its sole discretion, modify the duration of the Service. GetRingtonesToday.com can, at its sole discretion, terminate the existence of the Service where all memberships would be suspended and all membership charges would be retained by GetRingtonesToday.com.
2. License Grant.
a) As a Visitor you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Website (and its associated content) in accordance with this Agreement. Members are, in addition to the right to use the Website, granted a nonexclusive, nontransferable, revocable and limited license to install and use the Download Software and Service in accordance with this Agreement.
b) If you are a Visitor, your limited license is provided solely for you to access the Website in order to obtain information related to GetRingtonesToday.com and to apply for Membership. Visitors are not authorized to install, or attempt to install, the Download Software and/or to otherwise use the Download Software and/or Service.
c) Members may upload and/or receive Content through use of the Download Software and/or Service. Download Content is owned and/or licensed by third parties and/or you can be protected by applicable intellectual property rights and laws. You understand and agree that GetRingtonesToday.com makes no representation or warranty regarding any Download Content that you may have and/or upload. You agree that you are fully responsible for any and all resulting liability arising from your uploading, storage, receiving and/or use of Download Content.
d) Unless otherwise stated, any and all Download Software upgrades shall be subject to the terms of this license grant.
e) You may use the Website, Download Software and/or Service, as applicable, on one computer for your own personal and non-commercial use.
f) No part of the Website, Download Software, Download Content 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, Download Software, Download Content and/or Service, Website content or any portion thereof, except to create one (1) copy of same for your own back-up purposes.
g) 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 GetRingtonesToday.com infrastructure.
h) Download Content consists of copyrighted and/or other proprietary subject matter and this Agreement, and all other applicable laws, rules and regulations, govern your uploading and use of any and all Download Content.
i) A Member's license shall automatically terminate when the Member's subscription expires. However, GetRingtonesToday.com may terminate any licenses granted herein at any time for any reason, or no reason whatsoever.
j) Any and all rights not expressly granted to you in this Agreement are reserved by GetRingtonesToday.com.
3. Members Representations and Warranties.
a) As a Member, you represent, warrant and agree that you will:
i) obtain and pay for any and all necessary rights, consents, authorizations, commissions, royalties and/or licenses for any Download Content that you upload through use of the Download Software and Service;
ii) not use the Download Software and/or Service to transmit or communicate any data that is unlawful, threatening, abusive, harassing, defamatory, vulgar, harmful to minors, harmful in general, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
iii) not impersonate any person or entity, or falsely state, or otherwise misrepresent, your affiliation with a person or entity;
iv) not forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to GetRingtonesToday.com;
v) not transmit, upload and/or receive any data that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
vi) not transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy and/or limit the functionality of any computer software, hardware or telecommunications equipment;
vii) not intentionally, or unintentionally, violate any applicable local, state, federal or international laws, rules or regulations including, but not limited to, any and all foreign export laws.
4. Proprietary Rights.
The organization, content, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Download Software and Service are protected under applicable copyright, trademark and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Download Software and/or Service is strictly prohibited. You do not acquire any ownership rights to any Download Content and/or other materials uploaded and/or received at or through the Website, Download Software and/or Service. The availability of Download Software and/or Service, information and/or material at the Website and/or through the Service by GetRingtonesToday.com does not constitute a waiver of any rights therein.
5. Charges.
a) All charges will be billed to the credit card that you supplied as a part of your Registration Data, or to any other valid credit card that you may so designate from time to time. GetRingtonesToday.com may, in its discretion, bill any charges to you through an authorized payment processor and, in such case, the charges will appear in the name of such payment processor.
b) You are responsible for keeping your Membership secure and confidential and you will be responsible for any charges that are incurred by any person through use of your Membership. If any of your billing information changes, you must update that information in the "Membership" section of the Website. All charges are subject to change by GetRingtonesToday.com at any time, in its sole discretion. In addition, GetRingtonesToday.com reserves the right to change this pricing policy at any time.
c) GetRingtonesToday never charges your cell phone statement and you won't pay any additional cellular fees for using this Service. You are responsible for all standard cellular fees associated with using this Service. This includes your standard cellular fees for text messages, multimedia messages, and Internet usage. GetRingtonesToday will not be held liable for any cellular fees charged to users by their cellular carrier.
d) You agree to pay for all charges associated with the Service. The membership fee that is displayed on the signup page is the weekly fee to use our service. We will automatically bill you for four weeks each month until you cancel for your convince. To calculate the exact cost of your membership, use the amount displayed on the signup page multiplied by four.
e) If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of this terms of service agreement, you agree to pay us an "Administrative Fee" of $50.
6. Modifications, Changes to Website and Service.
a) GetRingtonesToday.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.
b) GetRingtonesToday.com may, from time to time, present you with programming fixes, updates and upgrades, including updated versions of the Download Software. You may reject such programming fixes, updates and upgrades, although such rejection may materially interfere with the operation of the Download Software and/or Service.
7. Privacy Policy.
Use of the Website, Download Software and/or Service are 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 and assign all information regarding your Website, Download Software and/or Service use, and any and all other personal information provided by you, in any manner consistent with our privacy policy. For additional information regarding our use of information collected please refer to the GetRingtonesToday.com privacy policy.
8. Third Party Resources and Websites.
a) GetRingtonesToday.com reserves the right to run advertisements and promotional offers on the Website and Download Software. By accepting the terms of this Agreement, you agree that GetRingtonesToday.com has the right to run such advertisements and promotional offers, without compensation to you. The timing, frequency, placement and duration of such advertising is subject to change and shall be determined in the sole discretion of GetRingtonesToday.com.
b) The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because GetRingtonesToday.com has no control over such third party websites and/or resources, you hereby acknowledge and agree that GetRingtonesToday.com is not responsible for the availability of such third party websites and/or resources. Furthermore, GetRingtonesToday.com does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials located on or available from such third party websites and/or resources, or for any damages and/or losses arising therefrom.
c) GetRingtonesToday.com may make third party software available for purchase on the Website and/or Download Software. Such software shall be subject to a separate licensing agreement governing the software's download and use.
9. Injunctive Relief.
You agree that any unauthorized and/or unlawful use of the Website, Download Software and /or Service would result in irreparable injury to GetRingtonesToday.com for which money damages would be inadequate. In such event, GetRingtonesToday.com shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you without the need to post a bond. Nothing contained in this Agreement shall be construed to limit any legal remedies available to GetRingtonesToday.com.
10. Indemnification.
You agree to indemnify, defend and hold GetRingtonesToday.com, its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from: 1) your breach of this Agreement and/or any representation or warranty contained herein; 2) your use of the Website, Download Software and/or Service, in any manner whatsoever; 3) any claim concerning your alleged unauthorized and/or unlawful downloading of any Download Content; and 4) any unauthorized use of your Membership.
11. Termination.
GetRingtonesToday.com may, in its sole discretion, terminate this Agreement and/or suspend your Membership at any time without notice to you, in the event that you breach (or GetRingtonesToday.com reasonably suspects that you have breached) any provision of this Agreement or for no reason at all. If GetRingtonesToday.com terminates this Agreement, terminates your license to use Download Software and Service and/or suspends your Membership for any reason, GetRingtonesToday.com shall have no liability or responsibility to you. Moreover, GetRingtonesToday.com will not refund any amounts that you have previously paid for the Download Software and/or Services. You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with GetRingtonesToday.com.
12. WARRANTIES AND LIMITATION OF LIABILITY
a) THE WEBSITE, DOWNLOAD SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND 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, DOWNLOAD SOFTWARE AND/OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GETRINGTONESTODAY.COM HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, DOWNLOAD SOFTWARE AND/OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GETRINGTONESTODAY.COM IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED IN 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 GETRINGTONESTODAY.COM AND YOU. THE WEBSITE, DOWNLOAD SOFTWARE AND/OR SERVICE 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, DOWNLOAD SOFTWARE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
b) ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN DOWNLOAD CONTENT IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED BY YOU IS DONE SOLELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM, CELL PHONE AND/OR LOSS OF DATA THAT MAY RESULT FROM ANY AND ALL DOWNLOAD CONTENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY USE, OR ALLEGED USE, OF THE DOWNLOAD SOFTWARE AND/OR SERVICE THAT MAY INFRINGE UPON A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
c) GETRINGTONESTODAY.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO DOWNLOADING AND/OR UPLOADING CONTENT, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE QUALITY AND QUANTITY OF DOWNLOAD AND/OR UPLOADED CONTENT. YOU MAY BE UNABLE TO UPLOAD AND/OR DOWNLOAD THE CONTENT OF YOUR CHOOSING, OR UPLOAD AND/OR DOWNLOAD ANY CONTENT AT ALL, THROUGH USE OF THE DOWNLOAD SOFTWARE. MOREOVER, ANY UPLOADED AND/OR DOWNLOADED CONTENT THAT YOU SUCCESSFULLY DOWNLOAD AND/OR UPLOADED MAY NOT FUNCTION AT ALL ON OR WITH YOUR COMPUTER SYSTEM AND/OR CELLPHONE. IN ADDITION, GETRINGTONESTODAY.COM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEGALITY OF ANY MEMBER'S USE OF DOWNLOAD SOFTWARE AND/OR SERVICE.
d) UNDER NO CIRCUMSTANCES SHALL GETRINGTONESTODAY.COM BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY MANNER WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, DOWNLOAD SOFTWARE AND SERVICE. IN ADDITION, GETRINGTONESTODAY.COM WILL NOT BE LIALBE FOR YOUR UNLAWFUL OR UNAUTHORIZED USE OF THE DOWNLOAD SOFTWARE AND/OR SERVICE. OUR MAXIMUM LIABILITY TO YOU AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR THE DOWNLOAD SOFTWARE AND SERVICES. NOTWITHSTANDING THE FOREGOING, GETRINGTONESTODAY.COM SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE, DOWNLOAD SOFTWARE AND/OR SERVICE.
13. Other Restrictions.
The Website, Download Software and/or Service are available only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website, Download Software and/or Service are not intended for use by individuals under the age of 18. If you are under the age of 18, you do not have authorization to use the Website, Download Software and/or Service.
14. Copyright Policy.
GetRingtonesToday.com respects the intellectual property rights of others, and we ask that our Members do the same. 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 through the Service, please provide GetRingtonesToday.com's copyright agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
- 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 GetRingtonesToday.com to locate the material.
- Information reasonably sufficient to permit GetRingtonesToday.com to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please contact us with the requested information via email: contact@getringtonestoday.com.
15. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment necessary for access to, and use of, the Website, Download Software, Download Content and/or Service, and all charges related thereto. Members are solely responsible for: obtaining and maintaining software and/or hardware to view, listen to and/or use Download Content.
16. Refund Policy
GetRingtonesToday.com has strict guidelines regarding the issuance of refunds in order to protect GetRingtonesToday.com from abuse and fraud. You agree and accept that you are purchasing a service and upon purchase all services are immediately accessible to you and are therefore no refunds will be issued. You understand and accept that the Service is a non-refundable Service. This includes claims of your phone not working with the Service.
17. Customer Service.
You may reach a GetRingtonesToday.com customer service representative by sending an e-mail to: support@GetRingtonesToday.com.
18. Miscellaneous.
a) This Agreement shall be treated as though it were executed and performed in Atlanta, Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Atlanta, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
c) To the extent that anything in or associated with the Website, Download Software and/or Service are in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
d) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
e) GetRingtonesToday.com and you are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on GetRingtonesToday.com' behalf.
19. Force Majeure.
You agree that GetRingtonesToday.com will not be liable, or be considered to be in breach of this Agreement, on account of our delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond our reasonable control and that we are unable to overcome through the exercise of commercially reasonable diligence (a "Force Majeure Event"). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, we will give you notice and will use commercially reasonable efforts to minimize the impact of any such event.
20. Legal Warning.
Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, Download Software and/or Service, is a violation of both criminal and civil law and GetRingtonesToday.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.
- End Of Agreement -
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