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.
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.
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:
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.
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.
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20. All purchases are final.