VoxTone Communications, Inc. - Terms of Use

YOU MUST READ THE FOLLOWING TERMS OF USE ("Terms of Use") AND ACCEPT THEM IN ORDER TO BE ABLE TO DOWNLOAD VOXTONE RINGTONES, VOXTONE RINGBACKTONES, VOXTONE SOCIAL PAGE GREETINGS, VOXTONEPRO FOR PBX, VOXTONE DESKTOP SOUND EVENTS SOUNDS, AND OTHER VOXTONE COMMUNICATIONS PRODUCT LINES ("VOXTONE, VOXTONE PRODUCTS, VOXTONE PRODUCT"). BY USING THIS SERVICE AND DOWNLOADING ANY VOXTONE PRODUCT, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT DOWNLOAD ANY RINGTONES OR ANY OF OUR PRODUCTS.

1. You must be at least 18 years of age to agree to and enter into this Terms of Use on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Terms of Use to your parent or legal guardian, and he or she must agree to enter into this Terms of Use on your behalf. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you will take on full responsibility for his or her use of the Service. The price of any Content purchased through the Service will be the price specified in the Service at the time of your purchase. By purchasing the Content or Service you warrant that you are the authorized purchaser and that the billing information provided is accurate

2.The VoxTone Products on this site are not compatible with all mobile devices, computers, or social websites. For ringtone use, please check the compatibility of your phone by clicking on the COMPATIBILITY GUIDE link after reading and accepting these Terms of Use.

3. The Ringtones are for your own personal use only on the mobile device that you select for the download.

4. When you sign up for a Subscription Plan, purchase Individual Downloads or use the VoxTone Mobile Service in any way, standard messaging rates and/or terms and conditions of your carrier service agreement will apply.

I. Subscription Plan. VoxTone Communications is offering through its Service a bundle of Three (3) VoxTone individual downloads on a monthly renewable subscription basis. To view the Subscription Plan pricing and breakdown, please review the intial order page or contact VoxTone Customer support at 1-888-VOXTONE. The details of the subscription plan (the number of VoxTone Downloads available as part of this particular Subscription Plan, the renewal period of a particular Subscription Plan, etc.) are integrated into this Agreement by this reference and form part of the terms of this Agreement within.

II. The Subscription Plan between you and VoxTone Communications shall begin when VoxTone Communications, upon your opt in request, has provided you with access to the Service (such access may be a personal PIN number and password generated for that purpose or on other data that VoxTone Communications, Inc considers relevant for your identification such as your mobile telephone number). Access to the Service can be provided by delivering to you downloadable content of the VoxTone Product or VoxTone Products by enabling you to download the product(s) after your order has been processed and generated. The Subscription Plan and subscription period will be renewed each month and a new subscription fee shall become due for the concerned subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or VoxTone Communications. VoxTone Communications has the right to terminate your subscription at their discretion for whatever reason or issue that may prompt to do so. (eg. abuse of service, technical issues, etc.)

III. After entering into your Subscription Plan, every month VoxTone Communications will transfer a total of three (3) download credits towards your account. The provision of credits and the making available of the possibility to download, receive and/or access mobile content is offered for a flat fee. The periodic flat fee shall become due for every Subscription period irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the periodic flat fee shall solely be the periodic provision of the right to download, receive and/or access downloadable mobile content. The number of credits for downloads shall be reduced by actual downloaded VoxTone content. The download of VoxTone product (s) content via subscription plan option, is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable VoxTone content you are entitled to download, receive and/or access during the particular subscription period., If you do not use/redeem all your credits within the subscription period (1 month), the unused credits will NOT be rolled over into the next subscription period or nor will remain in your account for refund or other forms of VoxTone credits of any kind. It will be noted that you should make every effort to download your three (3) given credited VoxTones each month before you reach the 30 day expiry date from initial opt in date before renewal occurs. If you download VoxTone Products above the amount allowed by your selected plan, then you will be prompted to purchase an additional Subscription Plan and be responsible for the additional applicable periodic plan fee or purchase Individuals Downloads, as applicable.

5. If you become entitled to a refund, for any reason, the refund will be in the form of a service credit. VoxTone Communications, Inc. will not issue a refund in any other manner unless authorized by VoxTone Communications, Inc.

6. All VoxTone Products are the property of VoxTone Communications, Inc. or its licensors. The VoxTone Products and all content within or external to the VoxTone Portal are all protected by copyright laws in jurisdictions throughout the world and by international treaties. You may not distribute, duplicate or resell VoxTone Products without the authorization of VoxTone Communications, Inc.

7. If the VoxTone Ringtone or ringbacktone you elect to download is the VoxTone product of choice, then you agree that VoxTone Communications, Inc. shall have no fewer than 48 business hours to produce and make it available to you for download. If VoxTone Communications, Inc. does not deliver your VoxTone product within 72 hours, you have the right to cancel your order and to receive a refund of the money you paid for the cancelled order. VoxTone communications, Inc. does not guarantee exact name pronunciation. Pronunciation of names requested for your VoxTone product will be as close as possible given the limits of existing technology. If you expect that your name request will be difficult to pronounce in English, then you should use our “voice reference” feature within the “Customize my VoxTone” order process. VoxTone Communications, Inc. will not produce a VoxTone product containing coarse or offensive language.

8. VoxTone Communications, Inc. may in its sole discretion terminate or suspend your account at any time if you breach these Terms of Use. If VoxTone Communications, Inc. terminates or suspends your account it shall have no liability or responsibility to you, and VoxTone Communications, Inc. will not refund any portion of the fees you paid for Ringtones.

9. You assume total responsibility and risk for your use of VoxTone Products. All VoxTone Products are provided on an "AS IS" basis and VoxTone Communications, Inc. does not make any warranties, express or implied, or representations with regard to the website or the Ringtones or any of our VoxTone Products.

10. We have a solid foundation and implementation for our censorship process that is currently live and working. Our site and application will not allow as per our best efforts, any use of profanity or explicit content going towards your VoxTone(s). You hereby agree to our censorship guidelines as per the following:

a) You will not try to create alter or reconstruct certain words, phrases, statements of any kind towards or with explicit or offensive content (eg. course language, explicit sexually suggestive, threaten or violent, discriminative, racist content etc.)

b) You hereby agree and understand that all VoxTone orders submitted not only go through a filtered automated system to prevent explicit words; but also go through real human intervention as per our quality control department for review before orders are sent into queue for final processing. VoxTone Quality care staff members will have the full right to reject content submitted at their discretion, which is deemed offensive in nature (eg. course language, explicit sexually suggestive, threaten or violent, discriminative, racist content etc...)

c) If your content has been rejected due to content you have submitted which has been deemed offensive in nature, you hereby acknowledge as a penalty and to cover our administrative costs, not only will your order not be processed but your bill will still be charged without refund. We ask all of our subscribers and customers to respect our guidelines and service.

d) If you wish to dispute any such rejection of content by VoxTone quality care, please forward your inquiry with order#, date of order submission, first name, last name, contact info and details of your dispute to customersupport@voxtoneonline.com. Please indicate within the subject heading: Rejection Dispute.

11. You will not use the VoxTone for any purpose that is unlawful or prohibited by these terms and conditions. You may not use VoxTone Products in any manner that could damage, disable, overburden, or impair any website or network or interfere with any other person's use and enjoyment of his or her mobile device.

12. VoxTone Communications, Inc. will not be responsible for any additional charges your mobile service provider may levy for accessing Ringtones or Ringback tones. To utilize the VoxTone Mobile Services, your cellular phone must be (i) turned on, (ii) capable of receiving the Ringtones, and (iii) set to receive text messages. You must also have a mobile communications subscription with a carrier or have direct access to a mobile communications network for which VoxTone Communications makes the Service available too. You will also require any carrier services necessary to download content (access to your carrier's data plan), and pay any service fees associated with any such access from your carriers or other third parties giving you such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with VoxTone Communications operations or any of its applications. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense.

13. VoxTone Communications, Inc. reserves its right to collect applicable taxes.

14. In consideration of your payment and your acceptance of this Terms of Use, VoxTone Communications, Inc. grants you a non-exclusive, non-transferable, single-user right to download and use the Ringtone you pay for on a single hand-held mobile device. This license may not be assigned without the written consent of VoxTone Communications, Inc., which may be withheld by VoxTone Communications, Inc. in its sole discretion.

15. PRIVACY NOTICE: For information regarding the use of information collected from you in the course of your purchase of Ringtones, please refer to VoxTone Communications, Inc.'s privacy policy

16. UNDER NO CIRCUMSTANCES SHALL VOXTONE COMMUNICATIONS, INC. AND/OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS ("VOXTONE COMMUNICATIONS, INC. PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE RINGTONES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE RINGTONES AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF VOXTONE COMMUNICATIONS, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17. VOXTONE COMMUNICATIONS, INC.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR RINGTONE THAT CAUSED SUCH DAMAGE.

18. These Terms of Use shall be governed by the internal laws of the Province of Ontario, Canada, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in Toronto, Canada, to resolve any disputes arising under this Terms of Use. In each case these Terms of Use shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

19. Any correspondence, notice or request permitted to be given under or in connection with these Terms of Use or the Ringtones shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to VoxTone Communications, Inc. addressed as follows:

Email Inquiries: customersupport@voxtoneonline.com
Telephone Inquiries: 416-286-2138
Mail Inquiries: VoxTone Communications, Inc. 4325 Steeles Ave West, Toronto, ONT M3N 1V7

20. All purchases are final.