Terms of Service
The website terms of service is as follows: Downloading mobile content directly from this website domain will NOT incur any changes, however participating in 'advertisement' offers or 'sponsored listing' offers will incur monthly charges. These monthly charges are billed to you by the advertiser and NOT this website. This website is supported by advertisements on the site which are either labeled as 'advertisers' and/or 'sponsored listings'. Engaging and/or participating in advertisements might result in you paying for services. Please read carefully any advertisements you choose to participate in. You will need to contact advertisers directly if you subscribe to any services as a result in participating in an advertisement and you wish to cancel those services. Please do not contact this website regarding YOUR OWN participation with advertisers. Advertisers do not charge you for services unless you allow them to by opting into their offer. Advertisers usually provide confirmation text messages that you need to acknowledge, approve, and confirm prior to the advertiser charging you for services. Information on how to contact advertisers is typically found on your mobile phone bill, email correspondence, confirmation text messages or is displayed on the advertisers website under a contact us or about us link. Look for those links at the bottom of the advertisers website.
These terms constitute a legal 'AGREEMENT'; please read them carefully. By requesting a Ringtone OR message alert from tonetweet.com you (1) represent that you are at least 13 years of age and have consent of the subscriber of a participating mobile communications carrier to use tonetweet.com, that you are the owner of the mobile device or have consent form the owner of the mobile for which the Ringtone / Message Alerts will be sent to, and (2) agree to be bound by the terms and conditions of this agreement.
In This agreement, 'YOU' and 'YOUR' refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this agreement) and his or her agents, and 'WE' and 'OUR' refer to tonetweet.com ('COMPANY' or 'tonetweet.com'. This agreement details our obligation to you, and your obligations to us in relation the tonetweet.com service. 'SOUNDS' refer to message alerts and ringtones.
1. DESCRIPTION OF tonetweet.com The tonetweet.com provides a unique service, offering both message alerts, and customized ringtones. The tonetweet.com provides downloadable entertainment content via the internet, sms, mms, wap and other means of content delivery to certain mobile devices (the 'SERVICE'). By reading this agreement you acknowledge and agree that the service is for your personal use, and is for your mobile device only. Each sound is copyright of tonetweet.com and should not be transmitted, broadcasted, uploaded to any other mobile or computer device, make commercial use or use any of the sounds or for financial gain. You may not, attempt to (or otherwise encourage or authorize) re-engineer, decrypting, bootlegging, break or otherwise alter/ interfere with the service, including, but not limited to, any downloads. The service is only available to US mobile users with a valid US mobile number.
2. REGISTRATION AND ACCESS TO THE SERVICE
(a) Access to the service
There is no subscription/ registration necessary as such in order to request a sound from the COMPANY. You will not be charged until the sound is available and ready for you to download. On availability/ completion of the requested sound, a premium text message will be sent to your phone, notifying that your new sound is ready for download. This will then be followed by a final standard rate text message containing the link to the sound. You must ensure that you have a compatible mobile device/ system in order to connect and download the sounds via GPRS (or Internet); we are not liable if your device is not compatible, and you must be sure that you specify the correct format in which the sound will be designed in, to guarantee compatibility. You must furthermore ensure you have at least 512kb of free memory on the mobile device. You understand that you may incur additional transfer charges by your service provider for downloading, or otherwise accessing, content provided by the tonetweet.com, to your phone.
(c) Registration Data
It is your duty to provide true, accurate and complete information about yourself when making an order. The COMPANY has a right to withdraw any orders and numbers if we suspect that a request contains offensive material. We do tolerate humor to a certain extent.
(d) Access without registration
There is no subscription required in order to use this service. It can be used as often or as little as you want. You will not be charged any additional rates beyond that of the ordered sounds you have requested. Although we may send you special offers and vouchers as money off, you will not be charged to receive these messages. A record of each purchase will be stored on a database, to ensure orders are kept up to date.
(e) Order numbers
Each sound request will have an order number and will relate to one order only. You will receive a message when we receive your sound request along with your order number. Please allow up to 48 hours for us to process and design your request. For custom ringtones, the wap link will stay active for 24hours after notification (a premium message containing the wap link)
(f) License to downloads
Every sound which is available from us the COMPANY, is designed and composed by a team of musical engineers, and are not connected in anyway to any other artist or record label outside if the COMPANY. We own the copyright of all sounds on the database and Website.
(g) Interruptions and discontinuation of services.
COMPANY may suspend the service for a certain period of time, due to repair, maintenance and/ or upgrade work. In such circumstances COMPANY will ensure, where possible, to give notice and to keep the interruptions as short as possible. The COMPANY reserves the right to modify or terminate, temporarily or permanently any of the services. Due to the nature of the 'Pay when we have designed', if we don’t fulfill your request (as a result of interruptions or discontinuations of services) you will not be charged as the request would not have been fulfilled.
You acknowledge that COMPANY collects and processes 'Personal Information' (i.e. information that could be used to contact you, such as full name, mobile number, age etc). Personal information collected by COMPANY will only be used by us the COMPANY. Your personal information will not be passed on to any other organization or third party that is not directly associated with the tonetweet.com. We may however, as a legal requirement, pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including, but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
BY USING THIS SERVICE YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY COMPANY.
Except in jurisdictions where such provisions are restricted, You agree that COMPANY'S entire liability to in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of each request. COMPANY'S liability is limited to the extent permitted by law in such Country.
You agree to indemnify and hold the COMPANY and its employees, harmless from any loss, or liability as a result of using this service.
6. Intellectual Property Rights
You acknowledge that no title to the COMPANY Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted within this Agreement. All Celebrity fun sounds are performed by impressionists. They do not carry the approval or endorsement of the celebrity involved or any broadcasting institution.
7. MISCELLANEOUS PROVISIONS
(a) Changes of TERMS and conditions.
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY AT ANY TIME WITHOUT NOTICE, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
These TERMS and any other terms or documents referred to herein represent your entire agreement with COMPANY with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
(b) Governing Law and Jurisdiction.
All sounds or any form of musical media, is copyright © of tonetweet.com and maddis productions. All Celebrity fun sounds are performed by impressionists. They do not carry the approval or endorsement of the celebrity involved or any broadcasting institution.