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VoxTone Communications, Inc. - Terms of Use YOU MUST READ THE FOLLOWING TERMS OF USE ("Terms of Use") AND ACCEPT THEM IN ORDER TO BE ABLE TO DOWNLOAD VOXTONE RINGTONES ("Ringtones"). BY USING THIS SERVICE AND DOWNLOADING ANY RINGTONES, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT DOWNLOAD ANY RINGTONES. 1. You must be at least 18 years of age to agree to and enter into this Terms of Use on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Terms of Use to your parent or legal guardian, and he or she must agree to enter into this Terms of Use on your behalf. 2. The Ringtones on this site are not compatible with all mobile devices. Please check the compatibility of your phone by clicking on the CHECK COMPATIBILITY button after reading and accepting these Terms of Use. 3. The Ringtones are for your personal use only on the mobile device that you select for the download. You may not transfer Ringtones from one mobile device to another. 4. If you become entitled to a refund, for any reason, the refund will be in the form of a service credit. VoxTone Communications, Inc. will not issue a refund in any other manner. 5. The Ringtones are the property of VoxTone Communications, Inc. or its licensors. The Ringtones are protected by copyright laws in jurisdictions throughout the world and by international treaties. You may not distribute, duplicate or resell the Ringtones without the authorization of VoxTone Communications, Inc. You may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of any of the Ringtones. 6. If the Ringtone you elect to download is the VoxTone product, then you agree that VoxTone Communications, Inc. shall have no fewer than 48 hours to produce and make it available to you for download. If VoxTone Communications, Inc. does not deliver your VoxTone product within 72 hours, you have the right to cancel your order and to receive a refund of the money you paid for the cancelled order. VoxTone communications, Inc. does not guarantee exact name pronunciation. Pronunciation of names requested for your VoxTone product will be as close as possible given the limits of existing technology. If you expect that your name request will be difficult to pronounce in English, then you should use our “voice reference” feature within the “Customize my VoxTone” order process. VoxTone Communications, Inc. will not produce a VoxTone product containing coarse or offensive language. 7. VoxTone Communications, Inc. may in its sole discretion terminate or suspend your account at any time if you breach these Terms of Use. If VoxTone Communications, Inc. terminates or suspends your account it shall have no liability or responsibility to you, and VoxTone Communications, Inc. will not refund any portion of the fees you paid for Ringtones. 8. You assume total responsibility and risk for your use of the Ringtones. The Ringtones are provided on an "AS IS" basis and VoxTone Communications, Inc. does not make any warranties, express or implied, or representations with regard to the website or the Ringtones. 9. You will not use the Ringtones for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Ringtones in any manner that could damage, disable, overburden, or impair any website or network or interfere with any other person's use and enjoyment of his or her mobile device. 10. In order effect delivery, your cellular phone must be (i) turned on, (ii) capable of receiving the Ringtones, and (iii) set to receive text messages. VoxTone Communications, Inc. will not be responsible for any additional charges your mobile service provider may levy for accessing the Ringtones. 11. VoxTone Communications, Inc. reserves its right to collect applicable taxes. 12. In consideration of your payment and your acceptance of this Terms of Use, VoxTone Communications, Inc. grants you a non-exclusive, non-transferable, single-user right to download and use the Ringtone you pay for on a single hand-held mobile device. This license may not be assigned without the written consent of VoxTone Communications, Inc., which may be withheld by VoxTone Communications, Inc. in its sole discretion. 13. EACH RINGTONE IS PROVIDED ON AN "AS-IS" BASIS. VOXTONE COMMUNICATIONS, INC. PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES. VOXTONE COMMUNICATIONS, INC. DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VOXTONE COMMUNICATIONS, INC. PROVIDES NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT AND DOES NOT WARRANT THAT ANY RINGTONE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. 14. PRIVACY NOTICE: For information regarding the use of information collected from you in the course of your purchase of Ringtones, please refer to VoxTone Communications, Inc.'s privacy policy 15. UNDER NO CIRCUMSTANCES SHALL VOXTONE COMMUNICATIONS, INC. AND/OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS ("VOXTONE COMMUNICATIONS, INC. PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE RINGTONES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE RINGTONES AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF VOXTONE COMMUNICATIONS, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 16. VOXTONE COMMUNICATIONS, INC.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR RINGTONE THAT CAUSED SUCH DAMAGE. 17. These Terms of Use shall be governed by the internal laws of the Province of Ontario, Canada, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in Toronto, Canada, to resolve any disputes arising under this Terms of Use. In each case these Terms of Use shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. 18. Any correspondence, notice or request permitted to be given under or in connection with these Terms of Use or the Ringtones shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to VoxTone Communications, Inc. addressed as follows:
Email Inquiries: customersupport@voxtoneonline.com 19. All purchases are final. |