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Terms of Service

TERMS OF USE for OwnYourPhone.com and related services

The webpage available at www.ownyourphone.com, wap.ownyourphone.com, rngtn.us, d2c.rngtn.us, and all linked pages (the 'Site') are owned and operated by OwnYourPhone, LLC, ('OYP') a Washington State Limited Liability Company. Any access or use of the site is under the Terms of Use described below ('Terms of Use')

PLEASE READ THIS AGREEMENT CAREFULLY. By accessing the site, you agree to be bound by these terms and conditions. If you do not agree to the terms of use, any access to or use of the site is unauthorized. These terms shall supersede any other agreements, written or verbal, between OYP and you.

MODIFICATIONS OF TERMS OF USE

OYP reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, OYP will attempt to notify registered users via email. What constitutes a "material change" will be determined at OYP's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

YOUR REGISTRATION OBLIGATIONS

As a condition to using OYP, you are required to register with OYP and select a password and screen name ("OYP User ID"). You shall provide OYP with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your OYP account. OYP reserves the right to refuse registration of, modify or cancel a OYP User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your OYP password. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.

USER CONDUCT

As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by OYP. By way of example, and not as a limitation, you agree not to:

  1. Abuse, harass, threaten, impersonate or intimidate other OYP users;
  2. Use OYP for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  3. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any OYP user;
  4. To violate any laws in your jurisdiction, and/or laws applicable in the State of Washington (including but not limited to copyright laws);

OYP may delete OwnYourPhone accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities), or for no reason at all. In any case, OYP's liability will be limited to refund of legally obtained unspent credits in the deleted account.

COPYRIGHT COMPLAINTS

OYP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email abuse at ownyourphone.com.

PRIVACY POLICY

OYP takes the privacy of its users very seriously. OYP will not disclose any account information to any third party unless required to do so by law. OYP may track and record user activity on the site for statistical purposes, and to improve OYP. OYP has data security measures in place and strives to keep all personal data secure.

INDEMNITY

You will indemnify and hold harmless OYP, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or OYP User ID, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OYP OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO OWNYOURPHONE.COM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

OYP disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material on the Site, or on sites linked to or related to OYP. OYP disclaims any responsibility for any harm or cost resulting from downloading or accessing any material from OYP, including damage to your mobile phone. OYP is not responsible for any charges your cell phone carrier may make related to your OwnYourPhone access, including fees for Internet access from your phone. If you are not willing to accept these risks, do not use OwnYourPhone.

THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED RELATED TO OWNYOURPHONE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OYP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OYP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. OYP AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. OYP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY OYP, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY OYP.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR OTHER DEVICE, OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TERMINATION

OYP may terminate or suspend any and all Services and your OYP account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use or any other conditions you agreed to. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your OYP account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS PROVISIONS

These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by OYP.

Terms and Conditions for Public Content

  1. OwnYourPhone.com may now or in the future permit content submitted by you and other users ("Public Content") and the hosting, sharing, publishing, editing and making into ringtones of such Public Content. You understand that whether or not such Public Content are published, OwnYourPhone.com does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own Public Content and the consequences of posting or publishing them. In connection with Public Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OwnYourPhone.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Public Content to enable inclusion and use of the Public Content in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Public Content. For clarity, you retain all of your ownership rights in your Public Content. However, by submitting the Public Content to OwnYourPhone.com, you hereby grant OwnYourPhone.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Public Content in connection with the OwnYourPhone.com (and its successor's) business, including without limitation for promoting and redistributing part or all of OwnYourPhone.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the OwnYourPhone.com a non-exclusive license to access your Public Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Public Content as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove, delete or make private a Public Content from OwnYourPhone.com.
  3. In connection with Public Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OwnYourPhone.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage OwnYourPhone.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person. OwnYourPhone.com does not endorse any Public Content or any opinion, recommendation, or advice expressed therein, and OwnYourPhone.com expressly disclaims any and all liability in connection with Public Content. OwnYourPhone.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OwnYourPhone.com will remove all Content and Public Content if properly notified that such Content or Public Content infringes on another's intellectual property rights. OwnYourPhone.com reserves the right to remove Content and Public Content without prior notice. OwnYourPhone.com may also terminate a User's access to its Website, if they are determined to be a repeat infringer by OwnYourPhone.com. OwnYourPhone.com also reserves the sole right to decide whether Content or a Public Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. OwnYourPhone.com may remove such Public Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  4. In particular, if you are a copyright owner or an agent thereof and believe that any Public Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You can contact OwnYourPhone at: OwnYourPhone, c/o Adam Eivy, 1318 N 184th Ct, Shoreline, WA 98133, email: abuse@OwnYourPhone.com. For clarity, only DMCA notices should go to the above address; any other feedback, comments, requests for technical support, and other communications should be directed to OwnYourPhone.com customer service through http://www.OwnYourPhone.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid or acted upon.

  5. You understand that when using the OwnYourPhone.com, you may be exposed to Public Content from a variety of sources, and that OwnYourPhone.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Public Content. You further understand and acknowledge that you may be exposed to Public Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OwnYourPhone.com with respect thereto, and agree to indemnify and hold OwnYourPhone.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  6. OwnYourPhone.com permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, OwnYourPhone.com may now or in the future provide a feature allowing you to stream content from OwnYourPhone.com and allowing users to create ringtones, which you may incorporate into your own websites for use in accessing the materials on OwnYourPhone.com, provided that you include a prominent link back to the OwnYourPhone.com website on the pages containing the content. OwnYourPhone.com reserves the right to discontinue or alter the terms of service of any aspect of the OwnYourPhone.com Website at any time, with no advance notice.

Terms and Conditions for Ringtone Credit Purchase

When you buy a product or service from OwnYourPhone, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.

You can currently use any of the following methods of payment at OwnYourPhone: Pay-by-Phone.

By making a purchase from OwnYourPhone.com that is billed to a cell phone account, you confirm you are the owner of the phone or have permission of the owner to incur these charges. If you are not the owner of the wireless phone you intend to use for your participation in our services, you must always obtain the permission from the owner before participating. If you are under 18 you must get parental permission and consent.

Problems Receiving Ringtones

Please download a test ringtone before purchasing ringtone credits. If you order a ringtone or other product and have problems, so that you are unable to download it, let us know immediately by filling out our Support Form. You can also send an email to .

If we do not hear from you within seven days of sending the ringtone, we will assume that you have received the ringtone and everything is fine.

Refund Policy

A refund may be issued if there is a technical issue that results in an inability of the user to receive their content. Such issues may be corrupt files, system errors, or other unforeseen difficulties that may arise. If you choose a phone or carrier we do not support, if you do not have text messaging and/or Internet enabled on your phone, or if you are not satisfied with the actual product that has been correctly delivered then WE WILL NOT REFUND YOUR MONEY. You must download a test ringtone before purchasing ringtone credits to ensure that your phone and carrier are compatible with OwnYourPhone.

Copyright Restrictions

Making copies of your ringtone and distributing them to others may be a violation of copyright law. Verizon Wireless users are prohibited from copying the ringtone from one device to another. If you violate copyright law you may be liable to pay compensation and costs to the copyright owner and various third parties. By using OwnYourPhone you certify that you have the right to transfer the music you upload to your phone.

Marketing information

We will not share or use any details from your payment (except to arrange and/or clarify payment terms) with anyone outside OwnYourPhone.

Terms and Conditions for OwnYourPhone Downloads and Credit Purchase

Offer

The ringtone offer is for real-music compatible handsets on Sprint, Cingular and Verizon Wireless only. By purchasing a ringtone or group of ringtones at OwnYourPhone.com, you acknowledge that you wish to purchase the specified number of ringtones and the specified price, and that you have tested your phone with the provided link and the test ringtone was saved to your phone correctly.

The charges will be billed to your wireless phone bill or deducted from your prepaid balance. You confirm you are the owner of the phone or have permission of the owner to incur these charges. If you are under 18 you confirm that you have parental permission and consent to incur these charges.

You understand that you may be charged these fees whether you download your ringtones or not. Do not purchase a ringtone credit unless you have read, understand and agree to these terms and conditions. Standard messaging rates apply.

Warranties and Limitations on Liability

THE OWNYOURPHONE SERVICE, MATERIALS AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH OWNYOURPHONE, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION.

WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT AND ANY THIRD PARTY CONTENT DISTRIBUTED BY US, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER.

We warrant that:
Once downloaded, the Ringtones will operate until removed by you or a person to whom you have given access to the mobile telephone to which the Ringtones were delivered so long as you have previously successfully downloaded and used our test ringtone on your mobile telephone. Because you have uploaded and chosen the Ringtones and have had the opportunity to review them prior to purchase, we accept no liability if the Ringtones are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose.

IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF,OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

Our entire liability for any claim concerning its performance or nonperformance in connection with this Agreement or the conduct of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Ringtones.

Complaints If you have any questions or comments, please let us know by .