TERMS AND CONDITIONS
Updated: Dec 15, 2006
This agreement ("Agreement") is a contract between you and Ventones, Inc. ("Ventones”). This site is owned and operated by Ventones, Inc. (the "Owners"). By visiting or using the Ventones web site (“Services”) or by completing the registration process to use the Services, you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms") of this agreement.
In this Agreement, "You", "Your", "User" refers to the party utilizing the Services. "We", "Us", "Our" refers to Ventones.
You agree that you are of legal age to enter into this agreement or are at least thirteen (13) years of age. If you are between 13 and 17, you agree that you received parental permission both to complete the registration process and to download content to your cell phone.
If you do not agree to be bound (or cannot comply with) the terms and conditions of this Agreement, do not continue the registration process or attempt to access any
part of the Service. Alternatively, you can deactivate your account in order to prevent future use.
The Service provided by Ventones includes creating free ringtones and free mobile content such as images, graphics, wallpapers and screensavers.
If you have a question about our services please go to http://www.ventones.com/support .
You expressly agree to receive promotional communications by SMS, including our weekly newsletter, and may stop receiving them by opting out. You also agree to receive promotional and account related email communications.
The Content , such as downloads, text, images, graphics, logos, icons, software, subscriptions, is the exclusive property of Ventones and is protected by U.S. and international copyright laws. You are granted a personal license to download and use, only once, any of the content on our site. This license is limited, non-exclusive, non-transferable and revocable. The content may not be used, copied, transferred, sold, or modified in any other way, except as defined in the Terms Of Service.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ventones EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CONTENT.
Ventones MAKES NO WARRANTY: THAT THE CONTENT WILL WORK WITH YOUR DEVICE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ventones OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES, SHALL THE VENTONES AND/OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ENTITIES, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTION. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VENTONES AND/OR THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE DOWNLOADS OR SERVICES, OR FROM THE INTERRUPTION, NON–PERFORMANCE, SUSPENSION, OR TERMINATION OF VENTONE'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF VENTONES AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS or ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON THE VENTONES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VENTONES SERVICES.
Termination of Services
You agree that Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if you remain in breach of this agreement for more than 7 days from notice of such breach. Company may cancel all or any of the Services (or individual services provided via the Services) or if Company believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. Upon termination of our agreement you will continue to be bound by the Warranty, Limitation of Liability and any applicable intellectual property obligations.
This Agreement will shall be governed in all respects by the laws of the State of New York without regard to to conflicts of law principles. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in New York, New York . Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.