Terms and Conditions of Service

IamRingTones, is owned, produced, and operated by IamRingTones inc. IamRingTones is a mobile service provider that allows users to access, create, and send content to their mobile phone. The services offered by IamRingTones include the IamrRingTones website and any other features, content, or applications offered by IamRingTones in connection with the IamRingTones  website (collectively, the "Services").

1. ACCEPTANCE
THIS "IAMRINGTONES TERMS AND CONDITIONS" (“TERMS” OR "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, PRODUCER, AGGREGATOR, SELLER OF CONTENT, PURCHASER OF CONTENT OR PURCHASER OF ANY IAMRINGTONES SERVICE)("YOU" AND "YOUR") AND IAMRINGTONES INC. BY USING THE IAMRINGTONES WEBSITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE AGREEMANT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO ANY SERVICE PROVIDED BY IAMRINGTONES. AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY IAMRINGTONES SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE IAMRINGTONES WEBSITE OR SERVICES.


2. CONDITIONS
IamRingTones hereby grants you permission to use the Services as set forth in this Agreement, provided that you agree that (1) you will not copy or distribute any part of the website or Services in any medium without IamRingTones prior written authorization; (2) you will not alter or modify any part of the website or Services other than as may be reasonably necessary to use the website for its intended purpose; and (3) you will otherwise comply with the these Terms and Conditions.

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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the IamRingTones website is not intended for children under 13. If you are less than 13 years of age, then do not use the IamRingTones website or Services.

Because the IamRingTones website contains user-contributed content, you acknowledge that by using the IamRingTones website and Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances shall IamRingTones be liable in any way for the use of such content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the Services.



3. TERM, FEES AND PAYMENTS
If you choose to purchase content from IamRingTones, all payments must be made by you through a charge to your cell phone bill, by a PayPal account, or credit card (VISA, MasterCard, American Express or Discover Card). We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND IAMRINGTONES, YOU, AND NOT IAMRINGTONES, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR PHONE, PAYPAL ACCOUNT, OR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your services (including any applicable taxes) at the rates in effect when the charges were incurred. If IamRingTones does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IamRingTones.

No Warranties

WITHOUT LIMITING ANY PROVISION HEREIN, IAMRINGTONES MAKES NO WARRANTY THAT ANY PARTICULAR MOBILE PHONE OR OTHER PORTABLE DEVICE, OR OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH IAMRINGTONES SERVICES. IAMRINGTONES MAKES NO WARRANTY THAT ANY PARTICULAR NETWORK OPERATOR, CARRIER OR TEXT MESSAGING AGGREGATOR WILL BE COMPATIBLE WITH IAMRINGTONES SERVICES.

Unauthorized Charges

Unless you notify IamRingTones of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release IamRingTones from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to IamRingTones within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.

No Refunds

All fees paid and charges made as provided herein, including any advance charges are nonrefundable.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes

Modification of Terms

IAMRINGTONES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY IAMRINGTONES, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO IAMRINGTONES TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE IAMRINGTONES WEBSITE OR SERVICES TO WHICH YOU HAVE PURCHASED OR USED.


4. TERMINATION
You agree that IamRingTones, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Services for any reason, including, without limitation, if IamRingTones believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. IamRingTones may also in its sole discretion and at any time modify or discontinue providing any part of the Service with or without notice. Further, you agree that IamRingTones shall not be liable to you or any third-party for any interference with or termination of your access to the IamRingTones Services.


5. CUSTOMER SERVICE
You understand and agree that IamRingTones is solely responsible for all customer service, help, billing and account issues related to your use or subscription. Neither your ISP nor any third party website through which you may have accessed any Service is responsible for customer service, help, billing and account issues related to IamRingTones. You agree not to direct any questions, requests for assistance, or inquiries about the IamRingTones website or Service to your ISP or to any third party website through which you may have accessed the IamRingTones website or any Service.


6. YOUR ACCOUNT INFORMATION
Certain products and services offered may require registration. In consideration of the use of such products and services, in registering and providing such data, you represent and warrant that:
the information about yourself is true, accurate, current and complete, and
you will maintain and update your Account Information as necessary

We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with the IamRingTones Privacy policy.

You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by selecting "My Profile" from the IamRingTones website.





7. USER GUIDELINES AND PROHIBITED CONTENT
You agree that you will not use the IamRingTones website and Services to:

Use the Services in a manner which is abusive or harassing to any other user.

Collect or store personally identifying information about other users for commercial or unlawful purposes.

(c) Impersonate any person or entity, including, but not limited to, a IamRingTones employee or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(d) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication.

(e) Engage in any activity which may compromise the stability or availability of the Services or use the Services to compromise the availability or stability of any third party site or service.

(f) Use the Service for any unsolicited advertising or promotions.

Use automated means, including spiders, robots, crawlers, or the like to download data from any Service database.

(h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

Circumvent any security measures or any payment collection methods employed on any Services, or access the Services after your account or access has been terminated by IamRingTones.

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.


Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy.

Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or any third party software, site, equipment or service.

Upload, post, email, otherwise transmit, or post links to any material that will violate any law, statute, ordinance, or regulation.

Upload, post, email, otherwise transmit, or post links to any material that contains nudity or any other material that may be considered "adult", obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate. If you do post such content, you agree to take responsibility for any damages arising from your inclusion of such content.



8. USER SUBMITTED CONTENT FOR SELLING
By uploading or submitting material or content to the Service, you represent and warrant that: IamRingTones, our customers, and our licensees shall not be required to make any payments with respect to material or content that you submit to our sites under this Agreement, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials or content, your licensors, unions, or guilds;


you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these Terms;

you agree that you have the master rights to distribute ( for payment) the material or content that you submit to IamRingTones;

the material or content that you submit to our sites does not contain "samples" of any third party’s content; including but not limited to, sound recordings, musical compositions and video recordings, and will not infringe on any third party’s copyright, patent, trademark, or trade secret;


In addition, if you post such material or content, you acknowledge and agree that IamRingTones, at its sole discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for such material or content and acknowledge, and agree that you shall indemnify and hold harmless IamRingTones from any and all damages or losses resulting from your posting of such material or content.



9. LICENSE GRANT FOR CONTENT
By uploading or submitting material or content to us for the purpose of selling, you grant us and our "Business Partners" (including, but not limited to wireless service providers) a worldwide, royalty-free, nonexclusive, license to:

host your materials and content on our servers and those of our business partners; display your materials and content to IamRingTones users on our websites or in the IamRingTones newsletter, in whole or in part, alone or in compilation with content provided by third parties;

make your material or content accessible to IamRingTones users and those of our business partners; including, but not limited to, ringtones, audio streams, and video streams;

re-encode your materials and content as needed to be compatible with different mobile phones. (Note: re-encoding may degrade the sound quality of your music and/or video files);

edit your materials and content to ensure that they comply with our Policies and guidelines;

use any trademarks, service marks, or trade names incorporated into your material or content and use the likeness of any individual whose performance or image is contained in your material or content.



Of course, you retain ownership of your materials and content. We do not have the right to sublicense your audio-visual materials or content other than as necessary to syndicate our sites to our business partners.


10. COPYRIGHT INFRINGEMENT
It is the policy of IamRingTones to respond expeditiously to claims of intellectual property infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.



11. INTELLECTUAL PROPERTY RIGHTS
IamRingTones and its licensors retain exclusive ownership of the IamRingTones website and Services, and all intellectual property rights associated therewith. IamRingTones and its licensors retain exclusive ownership of any data that is collected by IamRingTones during its operation including, but not limited to, all ringtone and video start times and lengths that are created during operation of the IamRingTones service. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. IamRingTones reserves all rights not expressly granted hereunder. You shall promptly notify IamRingTones in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of IamRingTones or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions. IamRingTones expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.


12. THIRD PARTY LINKS
This Agreement applies to all users of the IamRingTones website, including users who are also contributors of materials or content, information, and other materials or services on the website. The IamRingTones website may contain links to third party websites that are not owned or controlled by IamRingTones. IamRingTones has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IamRingTones will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve IamRingTones from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the IamRingTones website and to read the terms and conditions and privacy policy of each other website that you visit.



13. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
IamRingTones will make reasonable efforts to keep your account and the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. IamRingTones also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. IamRingTones shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to any of the Services.


14. DISCLAIMER OF WARRANTY
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE INCLUDING BUT NOT LIMITED TO ANY PRODUCTS OR SERVICES PROVIDED THROUGH IAMRINGTONES BY ANY OF IAMRINGTONE’S THIRD-PARTY PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS.


15. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES IS WITH YOU. IN NO EVENT SHALL IAMRINGTONES OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF IAMRINGTONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BYLAW.


16. MODIFICATION OF AGREEMENT
IamRingTones may modify this Agreement at any time in its sole discretion. If we make a material change to the Agreement, a "change of terms" notice will be posted and we will use reasonable efforts to notify you by email at the email address on file for your account. If any modification is unacceptable to you, you agree that your only recourse is to terminate using the Services. Your continued use of any Service following a change to this agreement whether or not a posting of a change of terms notice is completed, constitutes your binding acceptance of the change, until such time as you terminate using the services.


17. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold IamRingTones and all of our officers, directors, owners, agents, information providers, affiliates, and licensors (collectively, the "IamRingTones Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any IamRingTones Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material you submit to the Service, including but not limited to claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.



18. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of New Mexico, conflict of laws principles excluded, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Santa Fe, New Mexico. These Agreement together with the Privacy and policy and any other legal notices published by IamRingTones on the website constitute the entire agreement between you and IamRingTones with respect to the Service, and supersedes all previous written or oral agreements.
You consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New Mexico. If either IamRingTones or you employs any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.



19. GENERAL
No delay or failure to take action under this Agreement shall constitute any waiver by IamRingTones of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement constitutes the complete and exclusive agreement between IamRingTones and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein
 

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