Welcome to the MIDIRINGTONES (“MRT”) web site (“Site”). This Terms of Service Agreement (“Agreement”) explains our obligations to you, and your obligations to us in relation to the Service (as defined below). If you do not agree with any of these Terms of Service, please do not use this Site. MRT reserves the right to update or change these Terms of Service at any time and for any reason, without notice. For your information, the date of the last update to these Terms of Service is posted at the top of this page. By completing the registration process on the Site or by downloading mobile content to a mobile device (each a "Download"), you agree to be bound by these Terms of Service and our Privacy Policy.

1. Description of Service.
MRT provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the "Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s).

2. Access to the Service.
In order to use the Service, you must have a mobile communications subscription with a participating carrier (“Carrier”) and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is 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 the operation of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and MRT may 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.

3. User Name and Password.
If you choose to register for the Service, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. MRT is not liable for the unauthorized use or misuse of your username and/or password. MRT may need to change usernames and reserves the right to do so (you will be informed if this is necessary).

4. Modifications.
MRT may discontinue, add to, modify, upgrade, or replace all aspects or certain portions of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.

5. Monitoring.
MRT may, but has no obligation to, monitor this Site or any use thereof or to retain the content of any user session. MRT reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. MRT may use IP addresses to identify a user when we feel it is necessary to enforce compliance with this Agreement or to protect our Site and its visitors or others.

6. Intellectual Property Rights.
Ownership: This Site and the Service include trademarks, service marks, logos, domain names, copyrights and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the "Content"). MRT, its affiliates and/or its third-party content providers own all right, title and interest in and to the Site, Service and the Content. Permitted Use: You acknowledge and agree that the Download(s) made available as part of the Service are owned by MRT, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. MRT grants you a limited, non-exclusive, non-transferable, revocable, right and license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not download, copy, reproduce, modify, perform, transfer, distribute, sell, create derivative works of Downloads except as expressly provided in these Terms of Service and you may not reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Downloads. or otherwise use or make available the Download(s). You are strictly prohibited from using Downloads for any commercial purposes whatsoever.

7. User Conduct.
MRT has adopted the following rules of conduct in order to assure that the Site and services offered thereon are used in a lawful and appropriate manner. All information, email, text, graphics, music, sound, photographs, software, video, messages or other materials (“User Materials”), whether publicly posted, or privately submitted, by senders are the sole responsibility of the sender. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. MRT is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damages incurred as a result of the use of any User Materials made available on the Site. The following conduct is prohibited on, or in connection with, the Site:

These rules of conduct are strictly enforced. Violations of these rules of conduct will not be tolerated and may result in the sender being blocked from use of the Site and/or Service. If the sender is a member of MRT's subscription service, MRT may disable the sender's account without compensation or refund. MRT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY MRT TO ADDRESS PAST VIOLATIONS OF THESE TERMS OF SERVICE AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES. Spam You may not use this Site to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any content is strictly prohibited. MRT reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such messages.

9. Digital Millennium Copyright Act.
If you believe that any Content on this Site infringes your copyright, you should notify MRT of your copyright infringement claim in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Site's Designated Agent via e-mail at: support@midiringtones.com. To be effective, the notification must be in writing and contain information required by the Digital Millennium Copyright Act. (DMCA, 17 U.S.C. §512(c) (3)).

10. Links to Other Web Sites.
This Site may contain links to third party web sites (“Third Party Sites”). We do not endorse the content on Third Party Sites. The links are provided for your convenience only. We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for any content, advertising or products on or available from such Third Party Sites. You further acknowledge and agree MRT, its affiliates and/or content providers are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Site.

11. No Warranty.
THIS SITE, THE SERVICE AND ALL CONTENT IS PROVIDED "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT, AND/OR NONINFRINGEMENT. WHILE MRT USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, IT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY, OR COMPLETENESS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. MRT, ITS AFFILIATS AND THIRD PARTY CONTENT PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF, OR DOWNLOADING OF ANY CONTENT FROM, THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT MRT, ITS AFFILIATES AND THIRD PARTY CONTENT PROVIDERS HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENTION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. MRT, ITS AFFILIUATES AND THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MRT MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR SERVICES CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT MRT'S, ITS AFFILIATES AND THIRD PARTY CONTENT PROVIDERS ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, MRT, ITS AFFILIATES, LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF MRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

12. Fees.
The fees for the Service are available on the Site. You agree to pay your mobile device operator the weekly and/or monthly fee for the Service you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill. All fees are subject to change. If you have any questions about fees please contact us at support@midiringtones.com.

13. Cancellation.
If you subscribe for the Service and would like to cancel your subscription plan, send a text message with the text "STOP + Service Name" or "UNSUB + Service Name" to 66434, or such other number as may be designated on the Site or send an e-mail to support@midiringtones.com. The termination will be effective at the end of the billing period in which you gave your notice of termination.

14. Termination.
You agree that MRT, at its sole discretion, may at any time terminate your use of the Site and Service and/or change any Content available on the Site and/or Service. for breach of these Terms of Service Agreement. You agree that upon termination of your access to the Site and/or Service, MRT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MRT is not liable to you or any third party for any termination of your access to the Site and/or Service. If you cancel your account or subscription for any reason, MRT will not refund any of your fees paid to date, except as expressly provided in this Agreement.

15. General Legal Provisions.

Reservation of Rights.
MRT reserves the right to make any changes to the Site and Service in its sole discretion without notice to users. MRT reserves the right to deny or block access to the Site and/or Service to anyone at anytime and to terminate this Agreement at anytime without notice in its sole discretion.

Indemnification.
You agree to defend, indemnify, and hold harmless MRT, its affiliates, employees, licensors, contractors, officers, trustees, and other third parties assisting in the operation of the Site and/or Service from all claims, liabilities and expenses (including attorneys' fees) that may arise from your use of the Site and/or Service or from your breach of this Agreement.

Applicable Law and Jurisdiction.
The Site is controlled and operated by MRT from its offices in and around Cleveland, Ohio. This Agreement is governed and controlled by the laws of the State of Ohio. By accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the courts of Cleveland, Ohio. You consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Cleveland, Ohio, you will be responsible for compliance with all local laws of such other locations. A printed version of this Agreement with respect to the Site and/or Service and of any notice given in electronic form is admissible in judicial and administrative proceedings.

Notices.
MRT may provide notices by posting them on the Site or by sending them to the postal address or e-mail address you have given to MRT or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

Questions or comments regarding this Site, the Terms of Service and/or Privacy Policy should be sent via e-mail to support@midiringtones.com or by U.S. mail to AG Interactive Inc. One American Road, Cleveland, Ohio 44144 Attention Customer Care.

Close Window