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) Nextel, and US Cellular 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 Nextel and US Cellular customers to be used towards text alert service subscriptions. Nextel, and US Cellular 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) Boost customer may only receive Ringaza's text alert services as they are unable to download Ringaza's multimedia Content. Boost customers will have $6.99/month deducted from their prepaid balance for 10 credits per month to be used towards text alert service subscriptions.
C) Verizon Wireless, 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 Verizon Wireless, 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. Only AT&T, Verizon Wireless and T-mobile customers, if they have eligible handsets, may download Ringaza.s videos. Only AT&T customers, if they have eligible handsets, may download Ringaza’s games. Please be careful when selecting your phone model as part of a game download, because only the version that matches your phone will work, and selecting an incorrect version will still cost you credits.
D) Verizon Wireless, T-Mobile, Virgin Mobile 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 Verizon Wireless, T-Mobile, Virgin Mobile and Cellular One customers to be used towards any eligible Ringaza Content. Please note: Verizon Wireless customers must own a handset with Picture Messaging to download ringtones, videos and wallpapers. Verizon Wireless customers who do not own a Picture Messaging handset will not be able to subscribe to the Ringaza Club service. Only AT&T, Verizon Wireless and T-mobile customers, if they have eligible handsets, may download Ringaza.s videos. 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. Ringones 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.
Games and videos are NOT available for a la carte purchase. A La Carte
purchases are only available for customers of T-Mobile, Virgin,
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 depends on the type of Content
purchased - $2.99 per download for polytone ringtones and
wallpapers, and $3.99 per download of realtone ringtones.
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 Colorado, 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 Denver 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
Colorado, 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: ringaza@otcsvc.com
with any questions regarding this Agreement. The Ringaza.com website is
owned and operated by MBmobile, LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
