When you sign up for any service or use any service offered by Phoneliners, LLC.
or you use this site (“Services”), you agree to all the terms and conditions of
this Agreement.
If you do not agree to these terms of use, please do not use the website.
You certify to PHONELINERS.COM that if you are an individual (i.e., not a corporation)
you are at least 18 years of age. You also certify that you are legally permitted
to access and use the Site, and you take full responsibility for such access and
use of the Site. These Terms of Use are void where prohibited by law, and the right
to access the Site is revoked in such jurisdictions.
As a condition to using the Site to purchase a ringtone, you are required to register
with us and select a password, user name ("User ID") and verifiable mobile phone
number. You agree to provide us with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of these Terms of Use, which
may result in immediate termination of your account. You may not (i) select or use
as a User ID a name of another person with the intent to impersonate that person;
or (ii) use as a User ID a name subject to any rights of a person other than yourself
without appropriate authorization. We reserve the right to refuse registration of,
or cancel a User ID in our discretion. You will be responsible for maintaining the
confidentiality of your password for the Site.
PHONELINERS.COM reserves the right, at its discretion, to change, modify, add, or
remove portions of this Agreement at any time, for any reason, and without notice.
If you do not agree to be bound (or cannot comply with) the terms as amended, your
only remedy is to cancel your PHONELINERS.COM account and to discontinue your use
of the Service. You will be deemed to have accepted this Agreement as amended thirty
(30) days after the amended agreement is posted and/or if you continue to use the
Service after such amendment.
Services
The service provided by PHONELINERS.COM is access to a database of original Ringtones,
performed by impersonation artists. Once purchased, the selected ringtone can be
accessed through a link sent to your phone via SMS text message (“Service”). CONTENT
OF THE MESSAGES ON THE PHONELINERS SERVICE MAY CONTAIN MATERIALS THAT ARE OFFENSIVE
TO SOME PEOPLE, INCLUDING PROFANITY, REFERENCES TO RELIGIOUS GROUPS, MINORITIES,
OR OTHER TOPICS. The Company makes previews of the Content available on
the Website, and you agree to be responsible for previewing any Content with which
you may be unfamiliar prior to requesting a Download of such Content. You agree
that you will be solely responsible for any aspect of the Service that you or others
to whom you subject to the messages, might find objectionable. Phoneliners will
not refund any charges incurred if you later decide that the ringtone you purchased
is objectionable for any reason.
Limitation of Services
YOU ARE RESPONSIBLE TO DETERMINE IF THE FEATURES OF YOUR MOBILE PHONE AND LEVEL
OF SERVICE WITH YOUR CARRIER ARE COMPATIBLE WITH THE CONTENT BEING OFFERED BY PHONELINERS.COM.
WHILE PHONELINERS.COM WILL MAKE EVERY ATTEMPT TO IDENTIFY THE SUPPORTING FEATURES
OF YOUR MOBILE PHONE, THERE ARE WELL OVER 1700 MOBILE PHONE MODELS AND 100s OF CARRIERS.
THEREFORE, YOU MUST INSURE THAT YOUR MOBILE PHONE IS CAPABLE OF RECEIVING TEXT MESSAGES,
LINKS TO WAP PAGES ON THE INTERNET, AND CAN PLAY RINGTONES IN THE AVAILABLE CODEC FORMATS (MP3,WAV,AAC,3GP).
IN ADDITION, YOUR CELL PHONE ACCOUNT NEEDS TO BE INTERNET-ENABLED TO DOWNLOAD RINGTONES
OR COLOR GRAPHICS. PHONELINERS.COM WILL NOT GIVE REFUNDS IF YOU DOWNLOAD OR ATTEMPT
TO DOWNLOAD RINGTONES THAT ARE INCOMPATIBLE WITH YOUR PHONE MODEL OR LEVEL OF SERVICE
WITH YOUR CARRIER ACCOUNT. PHONELINERS.COM DOES NOT GUARANTEE THE ACCURACY, INTEGRITY
OR QUALITY OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED
WITH, THE DOWNLOAD OF ANY CONTENT, INCLUDING THE COMPLETENESS OR USEFULNESS OF SUCH
CONTENT.
Copyright
The Site is protected by copyright as a collective work and/or compilation, pursuant
to U.S. copyright laws, international conventions and other copyright laws. This
Site and all the content contained thereon or accessible through it (including,
without limitation, ringtones, text, images, photographs, graphics, artwork,
music, audio clips, video clips, software, logos, trademarks, and trade names),
the Site's look and feel, its design and organization, the arrangement, collection
and compilation of the foregoing (collectively, the "Site Content"), and all the
intellectual property rights embodied in or arising from any of the foregoing (including
without limitation, copyrights, trademark rights, patent rights, database rights,
and other proprietary rights) (collectively, the "IP Rights") are and shall remain
the sole and exclusive property of PHONELINERS.COM(including its affiliates) or
its licensors or assigns. Your use of the Site or any services shall not be deemed
to grant you any ownership rights in any of the Site Content or any of the IP Rights.
Moreover, PHONELINERS is not granting to you any express or implied license to use
any of the foregoing except to the extent expressly permitted as follows:
1. You may access, view and use the Site Content on your mobile/internet-compatible
device and make single copies or prints of such Site Content for your personal,
non-commercial use only, provided that you do not erase, delete, remove, or otherwise
modify or tamper with any of the proprietary notices affixed to such Site Content,
and further provided that you do not make copies of, or attempt to make copies of,
or store or attempt to store on your computer or other device, any audio or video
that is provided in streamed format. Except as permitted above, you may not otherwise
modify, transmit, participate in the transfer or sale of, create derivative works
based on, perform, display, copy, reproduce, distribute, publish or otherwise exploit
the Site, any of the Site Content or any of the IP Rights.
2. YOU ONLY HAVE A LIMITED RIGHT TO USE THE SITE AND THE SITE CONTENT IN ACCORDANCE
WITH THESE TERMS OF USE. If you make any unauthorized use of this Site or the Site
Content, you may violate copyright law, other laws of the United States, the laws
of other countries, international treaties, applicable state laws, and you may be
subject to liability for any such unauthorized use.
Payment
1. PHONELINERS.COM uses a secure link to PAY PAL and other payment gateways to process
your credit card transaction.
2. Right to Change Prices and Availability of Content. Prices and availability of
any Content are subject to change at any time.
3. 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.
4. 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, Company
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.
Non-Transferable
Services may not be assigned or transferred to any other mobile phone number, person
or entity. Nor may you provide any other person or entity access to your Service,
either directly or indirectly. This includes, but is not limited to, sending your
username and/or password to other parties and making your user name and/or password
available where others may access them. You must keep your password strictly confidential.
Allowing others to gain unauthorized access to this site is a material breach of
this Agreement.
License
For as long as you abide by these Terms of Use, PHONELINERS.COM grants you a personal
limited, non-exclusive, non-transferable, revocable license for any of the content
you may download pursuant to the Services. Content may be downloaded only once and
may not be transferred, sold, distributed, displayed, performed, copied, modified
or used in any way, in whole or in part, other than as contemplated by these Terms
of Use. Any contravention of this section is a material breach of our agreement
and would cause harm to PHONELINERS.COM.
Termination
PHONELINERS.COM may discontinue this web site and or the Services at any time, without
notice to you. PHONELINERS.COM may also add or remove Content as it sees fit or
necessary without notice to you. Upon termination of our agreement at any time or
for any reason you will continue to be bound by the Warranty, Limitation of Liability
and any applicable intellectual property obligations.
Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. PHONELINERS.COM EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR AGAINST INFRINGEMENT. PHONELINERS.COM DOES NOT WARRANT THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. FURTHERMORE, PHONELINERS.COM
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHONELINERS.COM OR
AN AUTHORIZED REPRESENTATIVE OF PHONELINERS.COM SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF ANY WARRANTY. PHONELINERS.COM DOES NOT GUARANTEE THAT
THE SERVICES WILL BE AVAILABLE IN THE FUTURE. THIS DISCLAIMER OF WARRANTY INCLUDES
BUT IS NOT LIMITED TO ANY INFORMATION VIEWED ON THE WEBSITE, LINKED TO OR FROM THE
WEBSITE, OR TRANSMITTED FROM THE WEBSITE TO MOBILE PHONES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL PHONELINERS.COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ETC.) ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF PHONELINERS.COM OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Applicable Law
The Terms of Use and any use of this web site shall be governed in all respects
by, and construed in accordance with the laws of the State of Arizona and shall
be subject to the exclusive jurisdiction of the Courts of the state of Arizona.
In the event that any provision of the Terms of Use shall be declared invalid, the
entire Terms of Use shall not fail on its account, and that provision shall be severed,
with the balance of the Terms of Use continuing in full force and effect.