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RingtonesBoom TERMS AND CONDITIONS OF USE AGREEMENT
Effective November 30, 2006
This agreement ("Agreement") is a contract between you and RingtonesBoom.com. ("RingtonesBoom"). By visiting or using the RingtonesBoom web site (www.RingtonesBoom.com) or by or by using Subscription services (collectively, the "Services" or "RingtonesBoom Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
Age Restrictions:
Use of RingtonesBoom is limited to people at least thirteen (13) years of age. Users aged between 13 and 17 must receive parental permission to complete the registration process and to download content.
1. ACCEPTABLE USE OF RINGTONESBOOM
By downloading and using the RingtonesBoom Subscription Services, you agree that RingtonesBoom grants you a non-exclusive, non-transferable, revocable right to use the Site for your own non-commercial use. Your use of the RingtonesBoom Services means that you also agree to the following acceptable use policies:
Personal Use Only - The Service is for your personal use. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service.
Registration and your Personal Information - In order to use RingtonesBoom, you must register and provide certain relevant personal information ("Personal Information"). RingtonesBoom will use your personal information in accordance with its Privacy Policy.
Objectionable or Explicit Content - RingtonesBoom is not responsible for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable.
Intellectual Property Rights - The Downloads made available as part of the Service are owned by RingtonesBoom, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the RingtonesBoom Services you understand and agree to abide by U.S. intellectual property laws.
"Bots", Hacking and Other Unauthorized Use - Users of RingtonesBoom may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any RingtonesBoom Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service in any way. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to gather and extract data from RingtonesBoom. The discovery of any such attempts by RingtonesBoom may result in criminal prosecution.
2. THIRD PARTY CONTENT APPEARING ON THE RINGTONESBOOM SITE
Links and Advertisements - The RingtonesBoom website contains links to and advertisements for websites operated by third parties. RingtonesBoom is not responsible for the availability, content or the practices of these other sites. Your activities with any third-party advertisers are solely between you and such third-party. You agree that RingtonesBoom and its affiliates are not responsible for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites.
3. REFERRAL PROGRAMS
RingtonesBoom may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to RingtonesBoom ("Referral Program"). By participating in a Referral Program, you agree to receive certain related communications from RingtonesBoom.
You may not submit multiple email addresses to RingtonesBoom in an attempt to earn falsely any reward as part of the Referral Program, and rewards will only be given in return for new referred subscribers. Credit for referrals can only be given out for those referrals who participate using their unique referral link. You may not use Spam to obtain referrals nor barter, sell or trade for referrals or offer completions. RingtonesBoom does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
RingtonesBoom reserves the right to modify at any time the methods through which rewards are earned and to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the RingtonesBoom Privacy Policy.
4. RINGTONESBOOM PROPRIETARY RIGHTS
General - All content in the Service or on the RingtonesBoom website, such as the Downloads, Subscriptions, text, graphics, logos, button icons, images, data compilations, and software, is the property of RingtonesBoom or its content suppliers and protected by United States and international copyright and other intellectual property laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.
5. GENERAL TERMS
Entire Agreement - These Terms constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral.
RingtonesBoom's Remedies - Following unauthorized use of the Service or the Downloads, RingtonesBoom its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity.
Indemnity - By using the RingtonesBoom Services, you agree to indemnify and hold RingtonesBoom and its affiliates, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, your violation of these Terms, or your violation of any rights of another party.
6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES:
BY USING THE RINGTONESBOOM SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE RingtonesBoom SERVICES, AND ALL DOWNLOADS, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES BY RINGTONESBOOM OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS. RINGTONESBOOM EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
RINGTONESBOOM DOES NOT GUARANTEE THAT THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE RINGTONESBOOM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RINGTONESBOOM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RINGTONESBOOM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE, MOBILE PHONE SERVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD RINGTONESBOOM AND/OR THE RINGTONESBOOM ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO RINGTONESBOOM AND/OR THE RINGTONESBOOM ENTITIES AS APPLICABLE. RINGTONESBOOM AND THE RINGTONESBOOM ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RINGTONESBOOM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE RINGTONESBOOM SERVICES.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, SHALL RINGTONESBOOM BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTION.
UNDER NO CIRCUMSTANCES SHALL RINGTONESBOOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE DOWNLOADS OR SERVICES, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE RINGTONESBOOM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF RINGTONESBOOM AND/OR THE RINGTONESBOOM ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, RINGTONESBOOM OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.
7. CHANGE IN TERMS AND CONDITIONS AND RINGTONESBOOM SERVICES
RingtonesBoom may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes.
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