YOUR USE OF THIS WEB SITE
This page contains the terms and conditions concerning your use of this web site. By accessing this site, you agree to be bound by the following terms and conditions.
1. Copyright
2. Site Use and Content
3. Purchasing Services On Line
4. Refund Policy
5. Security
6. Limitation of Liability
7. Personal Information and Mobile Phone Number
8. Customer Comments
9. Notice to Music Publishers
1. COPYRIGHT
Nextones.com
All web site design, text, graphics, and the selection and arrangement thereof are the copyrighted works of Nextones.com 2005. All rights reserved.
2. SITE USE AND CONTENT
You may view, copy or print pages from this site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, distribute or publish any information from this site without the express permission of Nextones.com. At any time Nextones.com may without notice make changes to this site or to the services or products described in this site.
3. PURCHASING SERVICES ON LINE
A. General
User agrees to purchase the services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens and the terms of this section. Such agreement is in addition to and not in lieu of the agreement with user formed by user's use of the Internet site.
B. No Warranties by Nextones.com
NEXTONES.COM MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES. NEXTONES.COM DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY.
C. Limitation of Liability
Neither Nextones.com nor any of its affiliates, nor the directors, employees or other representatives of any of them, are liable for damages arising out of or in connection with the use of the products. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
D. Service Availability
To the best of its ability, Nextones.com provides service availability information on this Internet site, although some services may at certain times be unavailable. In addition, Nextones.com updates and improves its services on a continuous basis. Nextones.com will inform you if any Nextones.com services ordered are unavailable or if any service that you ordered has been changed or modified. Nextones.com may use e-mail to inform you of such changes.
E. Prices and Taxes
All prices are stated and payable in US dollars. The prices for products and services quoted on this Internet site do not include taxes.
F. Carrier Charges
Nextones.com does not accept responsibility for charges that may be imposed by your wireless carrier when sending and receiving text messages, wap push messages or data usage charges while using the nextones.com website. Please note that text messages are typically included as a feature of your wireless plan. Please consult your carrier to be certain.
4. REFUND POLICY
A. Single Item Purchases Charged to Wireless Bill or by Using Landline single Item Purchases Charged to Wireless Bill or by Using Landline ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES.
B. Expiration of Existing Nextones Credits ALL NEXTONES.COM CREDITS PURCHASED BEFORE JANUARY 17, 2005 WILL EXPIRE APRIL 1, 2005, excluding PLATINUM members, that will be migrated to a new accounts.
C. General Policy regarding Nextones credits
If no more than 99 1 download have been used, Nextones.com services may be refunded within 24 hours of purchase/order for refund of the charged price. Nextones is not liable nor can we refund any charges for wireless service billed to you by your wireless carrier or credit card companies / merchants and limits its liability to only 1 download. All refund requests are void after 14 days from purchase or on April 1, 2005, whichever comes first.
D. Refund Fees
Nextones reserves the right to withhold an appropriate refund fee for every refund, equal to or less than the actual occurred cost, with the minimum fee being $1.
E. Changing Wireless Phone Number
In the case that you change your Wireless phone number, purchased credits can be transferred to your new account only once and only if remaining credits exceed 175. Any amount of credits less than 150 can not be transferred. As of April 1, 2005 none of
F. Changing Wireless Phone Model
In the case that you change your wireless phone model to a phone model which is not compatible with Nextones.com, Nextones is not liable nor can we refund any remaining credits or past purchases.
G. Changing Wireless Carrier
In the case that you change your wireless carrier to a carrier which is not compatible or if your wireless carrier makes changes in their end preventing users from receiving Nextones services, Nextones is not liable nor can we refund any remaining credits or past purchases.
H. Claiming Refunds
If you are not satisfied with your purchase/download, you may request a refund by e-mailing info@nextones.com.
J. Requesting Credit Transfer
You must request the transfer by writing an email to info@nextones.com.
K. Changes to Refund Policy
This refund policy is subject to change at any time and such policy may not apply to certain services.
5. SECURITY
Nextones.com uses reasonable precautions to protect the privacy of your credit card and other ordering information. Accordingly, your credit card and other ordering information, such as your name and address is not expected to be read in an intelligible form as it travels to Nextones.com's order processing system. Nextones.com's order processing system is secured by PayPal.
6. LIMITED LIABILITY AND INDEMNIFICATION
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE OR OTHERWISE, SHALL NEXTONES OR CONTENT PROVIDER OF NEXTONES, BE LIABLE TO YOU OR ANY OTHER PERSON OR LEGAL ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR VIRUS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES FOR USE OF THIS WEB SITE OR VOICE SERVICES OR CRANK CALLS OR RECEIVED TEXT MESSAGES; IN A TEXT FORMAT OR IN A BINARY FORMAT OR OTHER HYPERLINKED WEB SITES WITHIN THIS WEBSITE.
Also, you agree to defend, indemnify and hold harmless Nextones.com, and its directors, officers, employees, content provider, assigns and successors from and against any and all claims, costs, losses, damages, judgments and expenses (including reasonable attorneys' fees) arising out of or in connection with any claim by a third party.
7. PERSONAL INFORMATION AND MOBILE PHONE NUMBER
In using this Internet site, you the user may provide information regarding your personal interests and preferences. You authorize Nextones.com to use such information in connection with any wireless, text message, wap push, online or off-line offering or any electronic mail offerings by Nextones.com and its affiliates. Nextones.com and its affiliates may use user's e-mail address or mobile phone number in connection with any such offering or other campaign.
8. CUSTOMER COMMENTS
Nextones.com welcomes the submission of your comments, information or feedback through this site; however, Nextones.com does not want to receive confidential or proprietary information from you. By submitting information through this site you agree that the information shall not be considered confidential and shall become the property of Nextones.com, including an assignment of all rights and titles to such information. Nextones.com shall have the unrestricted right to use such information for any purpose and without compensation to the submitting party.
9.NOTICE TO MUSIC PUBLISHERS
NEXTONES.COM recognizes BMI, ASCAP and SESAC who collectively control the performance rights to publicly performed most of the ringtones listed on this web site. Furthermore, all the musical content available at Nextones.com that may be a subject of royalties to music publishers at Nextones.com is provided, hosted, billed and sent by Jamster. More information from their website at www.jamster.com.
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