Terms and conditions:
REJECTION RINGTONES CONDITIONS OF WEB SITE USE as of May 1 2007
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Services: Rejection Ringtones currently provides users with access to various mobile and online services, including various types of mobile media. You understand and agree that the Service may include advertisements or communications from our sponsors. You also understand and agree that the service may include certain communications from Rejection Ringtones, such as service announcements, administrative messages and information about upcoming services. If you don't want to receive such information, you can opt-out from receiving such material by so indicating in your user profile. All new features that augment or enhance the current Service, including the release of new Rejection Ringtones products, shall be subject to the Terms and Conditions. You understand and agree that the Service is provided "AS-IS" and that Rejection Ringtones assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Rejection Ringtones reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rejection Ringtones shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime and SMS charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Rejection Ringtones program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Rejection Ringtones server, and you may not attempt to "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.
Sites Linked From the Website: Links to third-party web sites from the Website are not necessarily under Rejection Ringtones's control, and Rejection Ringtones does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. Rejection Ringtones does not investigate, monitor or check for accuracy such third-party web sites and Rejection Ringtones does not intend any such links to third-party web sites to imply Rejection Ringtones sponsorship or endorsement thereof. Your use of such web sites is at your own risk.
"Framing" the Website: Framing of the Website is permitted only by express agreement with Rejection Ringtones, and Rejection Ringtones may require specific measures to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Website or providing each user or consumer with the opportunity to visit the Website directly by, for example, including a tab labeled "Remove Frames." Rejection Ringtones reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Website shall not be considered a waiver of any of Rejection Ringtones's rights. Any framing of the Website shall not imply the endorsement or sponsorship of Rejection Ringtones, or Rejection Ringtones Affiliates, as hereafter defined.
Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Rejection Ringtones's express prior approval, contains advertising or any solicitation with respect to products or services.
Forward-Looking Statements: The Website may contain projections or other forward-looking statements regarding future business events or activities. Rejection Ringtones cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially. Nothing contained on the Website constitutes a solicitation by Rejection Ringtones of the purchase or sale of securities.
International Use: Rejection Ringtones makes no representation that Materials on this Website are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside Australia do so at their own risk and are responsible for compliance with local laws.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rejection Ringtones MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, Rejection Ringtones MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Rejection Ringtones WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL Rejection Ringtones BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold Rejection Ringtones and the employees, officers, directors, shareholders, agents, representatives of Rejection Ringtones, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Rejection Ringtones, any third-party providers or sources of information or data and legal advisers (collectively, "Rejection Ringtones Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Rejection Ringtones that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Rejection Ringtones Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL Rejection Ringtones BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Rejection Ringtones WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Rejection Ringtones's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.
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