TERMS AND CONDITIONS
RINGOPHONE.com ("RINGOPHONE") provides
RINGOPHONE Mobile Downloads service and web site "AS IS" and
subject to the following terms and conditions ("Terms").
AGREE TO THESE TERMS BY YOUR USE OF ANY OF THE RINGOPHONE PRODUCTS,
SERVICES OR WEB SITE.
SERVICES. RINGOPHONE Mobile Downloads offers a web site and sound and
graphical products (which includes software and content) for wireless
phones (collectively, the "Services"). The Services including
products such as ring tones and graphics. RINGOPHONE can change or discontinue
the Services or make any other modifications to these Terms at any time.
TERMS. You understand and agree that RINGOPHONE offers each RINGOPHONE
Mobile Downloads product subject to its own particular usage terms,
conditions and cost. If you choose to utilize any specific Service,
you agree to be bound by these additional terms, including, without
limitation, any requirement to pay for such Services.
SERVICE FEES. Please consult your rate plan and agreement with your
wireless service provider to determine if charges may apply concerning
your use of the Service.
ACCESS AND COVERAGE. The Services will only work on selected phones
and networks. Please check your compatibility. RINGOPHONE will not give
refunds when you have tried to download Services to incompatible phones.
RINGOPHONE cannot warrant or promise that the Services will work with
all wireless products or be available at all times and at all locations.
RINGOPHONE cannot warrant or promise that the Services would continue
to work in the event of product, software, coverage or other service
changes made by your wireless carrier or cell phone manufacturer
Avoid using the Services in any environment requiring your full attention,
such as when you are driving a vehicle.
SOFTWARE AND CONTENT LICENSES. RINGOPHONE grants you a limited, non-exclusive
license to use the Services and its website, including the corresponding
software and content, subject to these Terms. COPYRIGHT OWNERSHIP. The
software and content (including graphics and sounds) distributed with
the Services is owned by RINGOPHONE. Artist references of ringtones
are only factual references for the purpose of identifying the compositions.
No artist reference is meant to imply that the ringtone is the master
recorded by the applicable Artist, or any endorsement by, or affiliation
with such artist. You may not print, copy, reproduce, distribute, modify,
or in any other manner duplicate the software and content in whole or
in part. This license is subject to the restriction that, except where
expressly permitted by law, you may not translate, reverse-engineer,
reverse-compile, decompile, disassemble or make derivative works from
any software or content provided by RINGOPHONE. You may not modify the
software or use it in any way not expressly authorized by this Agreement.
Do not sell, commercially exploit, or claim to be the owner, composer,
designer or author of any of the software and content you receive from
RINGOPHONE as part of the Services.
SUPPORT BY RINGOPHONE. You understand that your use of the Services
and web site is at your own risk and that RINGOPHONE provides no assistance
or support for your use of the Services.
REPRESENTATIONS. You represent and warrant that you have adequate legal
capacity to enter into this Agreement and that you will use the Services
only for lawful purposes and subject to this agreement. DISCLAIMER OF
WARRANTIES. RINGOPHONE OFFERS THE SERVICES ON AN "AS IS" BASIS.
RINGOPHONE CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF
THE SERIVCES, SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE. RINGOPHONE MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WARRANTY OF ACCURACY OR WARRANTY OF NON-INFRINGEMENT
CONCERNING THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM
OR DISPUTE WITH RINGOPHONE REGARDING THE SERVICES IS THE CANCELLATION
OF THE SERVICES. LIMITATIONS OF LIABILITY. NEITHER RINGOPHONE, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY
ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH
PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, RINGOPHONE'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
RELIEF. You acknowledge that the Services contain proprietary and confidential
information, and that disclosure of such information or misuse will
give rise to irreparable injury to RINGOPHONE, inadequately compensable in
damages. Accordingly, RINGOPHONE may seek and obtain injunctive relief against
the breach or threatened breach of the foregoing undertakings, in addition
to any other legal remedies that may be available.
Your right to use the Services (including the software and content)
shall terminate immediately if you breach these Terms. In the event
of termination, the paragraphs entitled Copyright Ownership, Disclaimer
of Warranties, Limitation of Liability and Construction shall survive.
These Terms represent your entire agreement with RINGOPHONE concerning
the Services. If any part of the Terms is held invalid or unenforceable,
that portion shall be construed to reflect the parties' original intent,
and the remaining portions remain in full force and effect.