PLEASE READ THE TERMS OF THIS USER AGREEMENT (THE "USER AGREEMENT") CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.
BY CLICKING ON THE “I AGREE TO THE TERMS OF USE” BUTTON ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU (“USER” or “YOU”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS USER AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY AND DMCA NOTICE POSTED ON THIS WEB SITE, AS SUCH DOCUMENTS ARE AMENDED FROM TIME TO TIME. ( PRIVACY POLICY ) ( DMCA NOTIC )IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE “I AGREE TO THE TERMS OF USE” BUTTON OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE. THIS USER AGREEMENT IS ALSO INTENDED TO BE USED IN CONJUNCTION WITH ANY OTHER AGREEMENT BETWEEN YOU AND US. ANY CONFLICT BETWEEN THIS AGREEMENT AND SUCH OTHER AGREEMENT SHALL BE RESOLVED IN FAVOR OF SUCH OTHER AGREEMENT, WHICH SHALL CONTROL.
Lil Tone, Inc. (referred to as "we" or "us") is the owner and operator of this website (the "Website") and the Materials and Services (as defined below) sold thereon.
Eligibility and User's Warranties and Representations
We intend that this Website and the Services and Materials only (as defined below) be used by persons age 13 or older and Users that can form legally binding contracts under applicable law. You hereby warrant and represent to us that you are over age 13 or are otherwise able to enter into this Agreement as a legally binding contract. Individuals between the ages of 13 and 17 also warrant and represent to us that you have received permission from your parent or guardian to use this Website, the Services and Materials. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.
Fraud
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Website.
Passwords
As a condition to using this Website, you will be required to register with us and select a password and user id. You are responsible for maintaining the confidentiality of your user id and password. When registering, you agree to provide us with accurate and complete registration information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account. You agree to notify us as soon as you discover any unauthorized use of your password.
Links to Third Party Websites
We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
User's Information
"User's Information" is defined as any information or other material you provide to us or others on or in connection with the Website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User's Information, and we act as a passive conduit for the online distribution of User's Information. We reserve, however, the right to modify or remove from the website, all or any portion of User's Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User's Information or other materials for any other reason consistent with the purposes of this Agreement or the Website. Notwithstanding the foregoing, we have no obligation to delete User Information that you may find objectionable or offensive and we are not undertaking any liability or obligation relating to any posting or activities by users of the website.
Uploading and Downloading Music for Use As Ringtones
As indicated on the Website, you may upload or download previously published musical recordings solely to be used as telephone ringtones (defined herein as “Songs”). After you upload a Song, you or others may download the Song solely for use as a cellular phone or mobile phone ringtone. You may not use Songs for any other purpose, commercial or otherwise.
Service Fees
We do not charge subscribers for accessing, uploading, creating, or downloading ringtones. However, requested ringtones, password confirmations, and various other communications are sent by us via standard text messages. Text messaging services are not provided by us. Text messaging services are provided by your cellular phone carrier. You should check with your cellular phone provider to determine the cost of receiving text messages. Please be advised that standard text message charges shall apply to communications sent to you by us via text messaging.
International Use
The Website is hosted in the United States. The Website, Services and Materials are for use in the United States only. You agree that you will use the Services and Materials only in the United States.
Cancellation of Service
You may at your sole discretion cancel your service at any time. If you choose to cancel your service, please contact us at cancellation@liltone.com. Upon canceling your service, you will no longer be able to upload or download music for use as a ringtone. Your user id and password will become inactive, and you will be unable to reach certain portions of the Website. Upon receiving notice of your desire to unsubscribe, we will unsubscribe you within 30 days of our receipt of such notice. You also acknowledge that changing (i) cell phone models, (ii) cell phone carriers, or (iii) cell phone numbers, may impair your ability to receive the Services or interrupt your receipt of the Services. In the event that you change (i) cell phone models, (ii) cell phone carriers, or (iii) cell phone numbers, please contact us at support@liltone.com.
Service Descriptions
We attempt to be as accurate as possible when describing our Services and Materials. However, we do not warrant that the Services or Materials descriptions are complete, reliable, current, or error-free. If the Services or Materials offered on the Website is not as described, your sole remedy is to cancel your subscription.
Interactive Forums and Your Submitted Content
Through this Website you may be able to make content available to other users of the Website and to access content made available by other users of the Website through an interactive forum and uploading sound files to the site. An "interactive forum" means any web log, message board, chat room, or similar interactive service appearing on the Website. You must comply with instructions that you will find on the Website in order to contribute to any interactive forum. We, and our affiliates in any manner, without any restrictions, may use any materials, information, or songs submitted or published on or via the Site or otherwise sent to the Site by you without obligation to compensate to you or to any other party.
You may not post on any interactive material forum or upload andy sound files to the Site that is libelous, defamatory, obscene, abusive, invades person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any material or songs that contain advertising, promotion, spam, or any commercial transaction. You may not post or transmit any information that contains a virus, worm, spyware/adware or other harmful component. We are not responsible for material appearing in any interactive forum (including without limitation to uploading sound files to the Site) on the Website, except for material signed by an identified representative of the Website. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages, songs, ringtones, or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages, uploaded songs, or postings, and any reliance that they make on the messages or postings of others.
You acknowledge that you are responsible for the information and material that you, your representatives, or any person using your user id and password submits or transmits forum (including without limitation uploading sound files to the Site) via the Website. You are solely responsible for any such submission or transmission, including its reliability, legality, appropriateness, originality, and non-infringement. You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including reasonable attorneys' fees) incurred by us in connection with, arising from or for the purpose of avoiding any claim or demand from a third party resulting as a result of your activity during an interactive forum.
By posting on the Website, you give (or warrant that the owner of such rights has expressly granted) the Website the perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.
By not checking the “This song contains copyrighted material” check-box at the Ringtone Wizard Beta 1.0 - ringtone upload procedure, you claim the submitted material sent and/or upload to us is your original content (including without limit to voice clips, your original sound recording, funny sounds, animal sounds, etc.), you represent, warrant and covenant that the submitted materials are original to you, and no other 3rd party has any rights thereto, that any "moral rights" in any of the submitted materials have been waived, and that you grant us a royalty-free, unrestricted, worldwide, perpetual, non-exclusive right and license to use, publish, copy, reproduce, modify, upload, download, post, create derivative works from, distribute, sell, perform, display and otherwise fully utilize any such your submitted original materials. You agree that we may delete, remove, replace or otherwise manipulate such submitted materials in our sole discretion.
License, Access and Interference
Use of the Site, Materials and Services. The contents of this Website and the Materials are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal use of the Website and the Materials, only as provided in this Agreement. Except as expressly provided herein or any other agreement that you have entered into with us, this license does not include: (i) any resale, redistribution, replication, public display, republication or similar commercial use of this Website or its contents or the Materials,; (ii) any collection and use of any Materials, descriptions, or prices; (iii) any derivative use of this Website or its contents or the Materials; (iv) any downloading or copying of account information for the benefit of any third party; or (v) any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided under this Agreement, this Website or any portion of this Website or the Materials, may not be reproduced, duplicated, copied, sold, resold, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any similar commercial or other purpose without our express written consent or as otherwise permitted in any other agreement with us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the Website, Materials or Services terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us or any products or Services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not post any material or information on the Website that is false, misleading, derogatory, defamatory, obscene, harassing, violative of the law or anyone's rights or which we deem offensive. We have the right, but not the obligation to monitor your use or other users' postings or other use of this Website. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We or our licensors, reserve all rights in the Site, Services and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppels, course of dealing or otherwise.
Breach
Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this User Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.
Privacy
Our current Privacy Policy is available on the website and is incorporated in this User Agreement by reference. [ PRIVACY POLICY ] We may change our Privacy Policy from time to time, as stated therein.
Warranty Disclaimers and Liability Limitations
We are the owner, distributor and/or licensee of the information, Songs, products and materials described and/or sold on or through this Website (collectively the "Materials"). We provide the services described on this Website and in any other agreements that you may enter into with us (the "Services").
WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING IN CONNECTION WITH THE MATERIALS, SERVICES OR THIS WEBSITE OR YOUR USE OF THE FOREGOING. WE DO NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ADEQUACY OF THE MATERIALS, SERVICE OR THIS WEBISTE AND WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS BE OTHERWISE PROVIDED IN ANY OTHER AGREEMENT BETWEEN US, WE SHALL IN NO EVENT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS MATERIAL, THE SERVICES OR WEBSITE, ALL OF WHICH ARE PROVIDED "AS IS", AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
EXCEPT AS BE OTHERWISE PROVIDED IN ANY OTHER AGREEMENT BETWEEN US, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNTS PAID BY YOU TO US, FOR THE MATERIALS, SERVICES OR USE OF THIS WEBSITE THAT ARE THE SUBJECT OF YOUR CLAIM(S).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR IN THE MATERIALS. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Indemnity
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our and their respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable legal fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Website; and (vi) your use of this Website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
Release; Covenant Not To Sue
To the maximum extent permitted by applicable law, you hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our and their respective officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials, Services or your use of this Website, other than willful misconduct or our failure to provide you with Materials or Services which you paid for. If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Notices
Except as explicitly stated otherwise, any notices shall be given by email to us at support@liltone.com, and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
To the maximum extent permitted by applicable law, any controversy or claim between you and us or our subsidiaries and affiliates, and our and their respective officers, directors and employees, arising out of or relating to this Agreement or your use of the website or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
Taxes
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.
General
Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Caifornia, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of California. Either party's failure to act with respect to a breach does not waive the non-breaching party's right to act with respect to subsequent or similar breaches.
Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement; Amendment. Except as otherwise provided, this User Agreement contains the entire agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the Website for important changes to the User Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the Website after we post any changes to this User Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this User Agreement, you will not use the Website. This User Agreement applies to your use of this Website or other sites that we may own or operate in the future, unless such sites provide otherwise.
Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this User Agreement.
The Materials are © copyrighted by us or our licensors. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined in this Website, User Agreement or any other agreement between the parties, under any circumstances.