Terms & Conditions

These Terms & Conditions ("Agreement") govern use of the Ringaza.com website and the services related to such website. The services offered by Ringaza.com ("Ringaza") include the Ringaza.com website ("Website") and any other services, features, content or applications offered from time to time by Ringaza in connection with the Website and its affiliated sites, interactive computer service and online properties (collectively, the "Services"). By using the Services you agree to be bound by this Agreement. You must be at least thirteen (13) years old to use the Services. By providing any information to Ringaza through the Website or your mobile phone, you represent to Ringaza that you are thirteen (13) years of age or older. If you are between thirteen (13) and seventeen (17) years old, you represent that you have received parental permission and consent to use the Services, including, but not limited to completing the registration process and downloading Content (defined below) to your phone. Florida residents must be at least eighteen (18) years old to use the Services.

This Agreement also incorporates by reference the terms and conditions of the Ringaza Privacy Policy. This Agreement may be amended from time to time in Ringaza's discretion and pursuant to applicable law. Amended versions of this Agreement will be effective upon posting on the Website. YOU AGREE TO REVIEW THESE TERMS & CONDITIONS FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE SERVICES FOLLOWING CHANGES TO THE TERMS & CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH OR CANNOT COMPLY WITH THE TERMS OF THIS AGREEMENT YOU MUST EXIT THE WEBSITE IMMEDIATELY AND MUST NOT PROVIDE ANY INFORMATION TO RINGAZA OR ANY LINKED THIRD PARTY OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON THE WEBSITE.

Website Service and Billing Information
Normal carrier charges and taxes for downloading or messaging may apply to any Content you receive from Ringaza. .Content. means collectively, text alert messages, ringtones, images, wallpapers, videos, and games available on the Website.� Text messaging capability is required for all Ringaza services.� Internet-enabled handsets are required to download multimedia Content (e.g. ringtones, wallpapers, games, videos, etc.), but certain web-enabled handsets such as the iPhone, Pre, and Sidekick devices are NOT compatible with the multimedia Content provided by Ringaza. The offerings currently available from Ringaza are:

Club Subscription Service. By entering your cell phone number on the Website, you consent to receive a text message containing a PIN code. By entering the PIN code on the Website, you acknowledge you are subscribing to Ringaza's Club service. Subscribing to a Club service provides you with credits that can be redeemed for Ringaza Content during the given month.s subscription.� �Credits expire if not used during the applicable one month subscription.� The five (5) bonus credits offer is available for the first month of the subscription only, and will result in five (5) additional credits which can be redeemed for different types of Content depending on your cell phone carrier, as described in more detail below.� As with other credits, the bonus credits do not carry over month to month, and so they will expire if not used during the first month of your subscription. Ringaza's text alert subscription services are delivered two (2) times per week for a month, except for Horoscope subscriptions which are delivered five (5) times per week for a month. Ringtone Club subscribers may cancel by texting STOP to 75714. All plans are subject to Ringaza's Terms and Conditions �and Privacy Policy, available on our Website. To get help, text HELP to 75714 or contact Customer Care.� There are different pricing plans available by cell phone carrier, as follows:

A)    Alltel customers may only receive Ringaza's text alert services as they are unable to download Ringaza's multimedia Content. Subscription plans cost $9.99/month for 20 credits per month for Alltel customers to be used towards text alert service subscriptions. Alltel customers will see the applicable charge on the monthly cell phone bills (or deducted from the prepaid balance if applicable) they receive from their applicable carrier.

 

B)    T-Mobile, AT&T and Cellular One customers may receive both Ringaza's text alert services and may also download Ringaza's multimedia Content if they have eligible internet and text-enabled handsets.� Subscription plans cost $9.99/month for 20 credits per month for T-Mobile, AT&T, and Cellular One customers to be used towards any eligible Ringaza Content. All customers will see the applicable charge on the monthly cell phone bills (or deducted from the prepaid balance if applicable) they receive from their applicable carrier. �

C)    Verizon Wireless customers may receive both Ringaza's text alert services and may also download Ringaza's multimedia Content if they have eligible internet and text-enabled handsets.� Subscription plans cost $9.99/month for 10 credits per month to be used towards any eligible Ringaza Content. Please note: Verizon Wireless customers must own a handset with Picture Messaging to download ringtones and wallpapers. Verizon Wireless customers who do not own a Picture Messaging handset will not be able to subscribe to the Ringaza Club service. All customers will see the applicable charge on the monthly cell phone bills (or deducted from the prepaid balance if applicable) they receive from their applicable carrier.�

Ringaza Club subscribers who can download Ringaza.s multimedia content may also use their subscription credits for Ringaza.s Tone Fusion service. Tone Fusion allows Club subscribers to create their own custom ringtones based on certain selected Content, and download the custom ringtones to their mobile device. Ringtones created using the Tone Fusion service cost one (1) credit per downloaded ringtone.� There is no cost to use the Tone Fusion service to sample custom ringtones without downloading them.����

A La Carte Purchase (NOT A SUBSCRIPTION). A onetime purchase to download a single item of multimedia Content from Ringaza. A La Carte purchases are only available for customers of T-Mobile, Cellular One, Verizon Wireless and AT&T if they have eligible internet and text-enabled handsets.� Please note: Verizon Wireless customers must own a handset with Picture Messaging to download multimedia content (e.g. ringtones and wallpapers). Verizon Wireless customers who do not own a Picture Messaging handset will not be able to download ringtones or wallpaper. Pricing is as follows - $2.99 per download for ringtones and wallpapers.� Charges for any a la carte purchase(s) will be billed on your next cell phone bill you receive from your applicable carrier. To stop an A La Carte transaction, do not enter the pin code on the Website or you may also reply STOP to the pin code message. By sending STOP or not entering the pin code you will discontinue the transaction and will not be billed for the item. Entering the pin code after replying stop will result in the Content being delivered and a charge to your next cell phone bill.

By registering for a Club subscription service or requesting an A La Carte Purchase, you authorize Ringaza to bill you through your mobile telephone carrier. Message and Data Rates May Apply.� You confirm you are the owner of the phone or have permission of the owner to incur these charges. Do not enter your personal PIN Code unless you have read, understand and agree to these terms and conditions. Monthly Club subscriptions are billed the recurring applicable subscription fee each month until you cancel the subscription. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your mobile phone bill will be charged on the first day of each Billing Cycle. You agree that normal carrier charges (e.g. WAP, MMS, GPRS, and SMS) may apply. Unused monthly credits do not roll-over to the next month.s Billing Cycle. You agree that if any attempt to bill you for your subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, Ringaza reserves the right to re-bill you for any outstanding fees.

Cancellation of the Services
If you wish to discontinue receiving messages from the Website, you must cancel your subscription. You have several options to do this: (1) Club subscribers may cancel their subscription by texting STOP to 75714; (2) You may cancel your subscription via the Website, at Customer Care; or (3) you may cancel your subscription via telephone toll free at (866) 616-6076, either through our interactive voice response system at any time or by contacting our Customer Service team directly Monday through Friday from 8am to 6pm Eastern Time. Subscription cancellation will become effective immediately when we receive the cancellation request for monthly subscribers, and all unredeemed credits will be forfeited. Services are not pro-rated for mid-month cancellations and no refunds will be given except as set forth in Refund Policy below.

Termination by Ringaza
You acknowledge and agree that Ringaza, in its sole discretion, may suspend, discontinue or refuse any and all current and future access to or use of any portion of the Services at any time without notice to you in the event Ringaza reasonably believes that you have breached this Agreement. You acknowledge and agree that Ringaza shall have no liability or responsibility to you for termination, suspension or discontinuation of your access or use in the event you breach this Agreement, and that no portion of your fees will be refunded in such case.

Refund Policy
A refund will be issued if there is a technical issue that results in an inability of the user to receive their Content. Such technical issues include corrupt files, system errors, or other unforeseen difficulties that may arise. If you choose a phone we do not support, if your carrier does not support multimedia Content, if you do not have Internet enabled (if required) and/or text messaging on your phone, if you select a phone as part of a game download that is not the actual model of your phone, or if you are not satisfied with the actual product that has been correctly delivered then WE WILL NOT REFUND YOUR MONEY OR CREDITS.

Problems Receiving Ringtones
If you order a ringtone or other product and have problems downloading or are unable to download it, please read the Frequently Asked Questions. If these instructions haven't solved your problems receiving a download, please contact us at Customer Care.

Copyright Restrictions
Your payment and subsequent download of Content includes a non-exclusive, non-transferable, revocable license to use the ringtone or other product downloaded from Ringaza for your personal, non-commercial use. Content received from Ringaza does not expire, unlike some other wireless content websites. However, if you transfer this Content to anyone else or otherwise use it in violation of this Agreement, you may liable to pay compensation and costs to both Ringaza and its various third party partners.

Marketing Information
We will not share or use any details from your payment (except to arrange and/or clarify payment terms) with anyone outside Ringaza and various third party partners. Please see the Ringaza Privacy Policy for additional information.

Links
The Website contains hypertext links to the web sites of third parties (.Third Parties.). Such links and are provided for your convenience and reference only and the inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Ringaza does not control these Third Parties and is not responsible for the privacy practices, terms and conditions, or the content of such other Third Party web sites. If you decide to access any Third Party website, you do so entirely at your own risk, and you agree to be subject to any such Third Party.s terms and conditions and privacy policies. Ringaza does not operate or control in any respect any information, software, products or services available on such Third Party web sites and is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. You are solely responsible for any dealings with Third Parties (including advertisers) listed in or accessible via the Services, including the delivery of and payment for goods and services.

Proprietary Rights
The materials available via the Services, including without limitation, Content, text, information, documents, scripts, graphics, photos, organization, design, compilation, look and feel, illustrations, artwork, video, music (including but not limited to ringtones), images (including, but not limited to wallpaper), software, sounds, games, interactive features and all trademarks, service marks and logos or other works or materials (collectively, "Materials") are owned by or licensed to Ringaza and/or a Third Party provider(s) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. You must keep intact, and may not remove or alter any Materials or any copyright or other proprietary notices available via the Services, and you may not display or reproduce the Materials other than with the prior written consent of Ringaza.

Forms, Registration and Passwords
If any of the Services require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Ringaza with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier, PIN or password issued in connection with the Services (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Services using such Password. You agree to notify Ringaza immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Ringaza.

Prohibited Activities
You may not use the Services in a manner inconsistent with any and all applicable laws, rules and regulations. The Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Content, Materials, or products or services obtained from the Services. Content owned by Ringaza's licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content received through the Services to anyone, including but not limited to others in the same company or organization without Ringaza's express prior written consent.

Warranty Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, RINGAZA PROVIDES THE WEBSITE, SERVICES, MATERIALS AND CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT SUPPLIED BY THIRD PARTIES THROUGH RINGAZA, STRICTLY ON AN "AS IS" BASIS, FOR YOUR USE AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

RINGAZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, CONTENT, MATERIALS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. RINGAZA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RINGAZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability
IN NO EVENT SHALL RINGAZA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF RINGAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RINGAZA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF TEN U.S. DOLLARS ($10) OR THE AMOUNT PAID, IF ANY, BY YOU TO RINGAZA FOR THE SERVICES GIVING RISE TO THE ACTION.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, THE CONTENT, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF RINGAZA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

U.S. Export Controls
You acknowledge and agree that the Content may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Content contrary to U.S. law is prohibited. You agree that none of the Content, nor any direct product or service accessed or used via the Services, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all applicable U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Disputes
The Services are hosted in the United States. Any dispute hereunder shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City of San Francisco and waive any objection based on inconvenient forum. You agree that: (i) the Website and the Services shall be deemed solely based in Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ringaza, either specific or general, in jurisdictions other than Colorado. You further agree that service of any process, summons, notice or document by U.S. registered mail to your address shall be effective service of process for any action, suit or proceeding in the state and federal courts located in the State of California, with respect to any matters to which it has submitted to jurisdiction as set forth above.

Indemnity
You agree to indemnify and hold Ringaza, its parent, subsidiaries, and affiliates, and their respective members, officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, due to or arising out of (i) your acts or omissions concerning the Services and the Website; (ii) any breach of this Agreement including any representations and warranties made herein; and (iii) your violation of any third party right including without limitation any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights relating to your use of the Services or Website. Ringaza reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind Ringaza without Ringaza's prior written consent. Ringaza shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.

Trademarks
Ringaza.com, the Ringaza logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks (collectively .Marks.) of Ringaza or its licensors. All other products, company names or other trademarks or service marks appearing on the Website are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Services without prior written permission of Ringaza or the respective owners.

Other
This Agreement constitutes the entire agreement between the parties regarding the use of the Services and the Website and supersedes all prior or contemporaneous communications between the user and Ringaza with respect to the Website and the Services. The failure of Ringaza to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is deemed unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Any aspect of the Services is void where prohibited by law.

Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.

Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges all prior discussions and writings between them with respect to the contents of this Agreement. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.

Survival. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of this Agreement.

Interpretation. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of this Agreement. This Agreement shall not be construed against either party by reason of its drafting.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact us at: support@ringaza.com with any questions regarding this Agreement. The Ringaza.com website is owned and operated by SendMe, Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.