TERMS & CONDITIONS
This Agreement sets out the binding terms of your membership in the Service and may be modified periodically. Such modifications to be effective when posting on the website. RingtoneWinners.com service refers to services as marketed directly by RingtoneWinners.com or any of its affiliate or subsidiaries.
(a) Service and Content. RingtoneWinners.com, through the RingtoneWinners Site, permits 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.
(iii) User is responsible for ensuring the wireless phone/device is compatible. If user is unsure, user is urged to utilize the Freebies section of the website to TEST A PHONE . If user does not receive the tone or graphic ordered through the Freebies section of the site, do not join this service.
By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content.
(b) Payments and Fees.
(i) Memberships. Each membership subscription term is 30 days and is automatically renewed every 30 days. Items covered by the subscription can be found in this website's FAQ as membership components differ between subscriptions.
(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) Nonpayment. 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, RingtoneWinners.com may, in its 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.
(c) 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 are responsible for ensuring the wireless phone/device is compatible. If you are unsure, you are urged to utilize the free test of your phone at the bottom of this page. 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. User should always test compatibility through the RingtoneWinners.com website before joining.
(d) Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, 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.
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, noncommercial use.
(c) You may only use the content on one 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.
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. RingtoneWinners.com 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, RingtoneWinners.com MAKES NO WARRANTY:
(1) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;
(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR
(4) 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 RingtoneWinners.com 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.
LIMITATION OF LIABILITY
(a) RingtoneWinners'apos;S 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) RingtoneWinners.com 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
(1) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
(2) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
(3) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR
(4) 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 RingtoneWinners.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) RingtoneWinners.com 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) RingtoneWinners.com 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.
Refunds are not given if device is not compatible. Further handset compatibility information may be found in the wireless device's owner's manual or users service provider. Information obtained from these services should not be considered final. User should always TEST compatibility through the RingtoneWinners.com website before purchasing.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.