Ringtone Maker Wiz
Ringtone Maker Wiz
Terms of Use
Date of Last Revision: April 10, 2019

These Terms of Service explain your rights and obligations in using including but not limited to "Ringtone Maker Wiz" website https://ringtonemakerwiz.com and mobile application, its subsidiaries, parents and affiliates ("Ringtone Maker Wiz"). We refer to our website and mobile app users as users ("Users") of Ringtone Maker Wiz Services ("Services").

These Terms, together with our Privacy Policy together form the agreement with you regarding the use of our Services (the "Agreement").

Please read the Agreement carefully. By continuing to use the Services, you agree that you have read and are bound by these terms. If you do not agree to these terms, you must not use either Ringtone Maker Wiz Services.

These Terms of Service include important agreements about your rights and the rights of Ringtone Maker Wiz, including a binding agreement about how to resolve any disputes between us connected to the Services. These Terms of Service will also govern any dispute between us in connection with the Privacy Policy.

1. AVAILABILITY OF THE ONLINE SERVICES

SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.

SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS ARE" AND "AS AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

ONLINE SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you.

ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.

IF IMPORTANT, KEEP A COPY. You agree that unless otherwise specified any Information which you upload or provide via the Services may be modified or deleted without prior notice and at Ringtone Maker Wiz sole discretion. Therefore, to the extent any Information has importance to you, you agree to maintain an original copy separate from these Services.

2. YOUR ELIGIBILITY FOR THE ONLINE SERVICES

YOUR AGE. The Services are intended for use by individuals 13 years of age and older.

3. YOUR RESPONSIBILITY FOR THE SERVICES

YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

PROHIBITED USE OF THE SERVICES. You may not create upload, email or otherwise transmit to Ringtone Maker Wiz submissions of any kind that are, within the sole discretion of Ringtone Maker Wiz, determined to be commercial, illegal, offensive or potentially harmful to others.

4. INTELLECTUAL PROPERTY

YOUR SUBMISSIONS. When you provide submissions ("Submissions") to Ringtone Maker Wiz, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Ringtone Maker Wiz, you grant Ringtone Maker Wiz (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.

When you provide any Submissions to Ringtone Maker Wiz, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Ringtone Maker Wiz to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for Ringtone Maker Wiz to use the Submissions, in the manner contemplated by the Service and these Terms of Service.

OUR INTELLECTUAL PROPERTY. You acknowledge and agree that Ringtone Maker Wiz or its third party licensors own the contents of the Services and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, Ringtone Maker Wiz ownership (or that of its licensors) in and to such content. Nothing contained in the Services or in these Terms of Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Services without the written permission of Ringtone Maker Wiz or such third party that may own the trademark displayed via the Services, and you may not use any name, logo, trademark, or service mark available via the Services without prior written approval by Ringtone Maker Wiz. Except as expressly permitted in these Terms of Service, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Services or their content.

5. HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE SERVICES

NO CLASS ACTIONS; NO JURY TRIAL. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party. You waive any right to a trial by jury.

STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.

WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the websites or mobile apps to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples. We assume no responsibility for the content of websites linked on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6. CHANGES TO THIS AGREEMENT

TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion.

AMENDMENTS. These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on our website and mobile app. The date of the most recent revisions will also appear on this page.

7. CONTACT INFORMATION

If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us.