PRIVACY STATEMENT

Welcome to the RingtoneChannel.com website run by New Motion, Inc. ("New Motion," "we," "us," or "our"). New Motion is committed to respecting the privacy rights and concerns of all users of our RingtoneChannel.com website (the "Site") and participants in our mobile text message contests and tournaments (the "Services") (we refer to the Site and the Services collectively as the "RingtoneChannel Features"). As such, we have established and implemented this privacy statement to inform visitors to the Site and users of the Services how we use and protect the information we collect. If you have any questions regarding this information or our privacy practices, please see the section entitled "Questions? Contact Us" at the end of this privacy statement. This privacy statement is effective as of May 23, 2005.

What information does New Motion collect?
New Motion does not collect personally identifiable information unless our visitors voluntarily provide it to us. We do, however, collect certain types of information and ask for personal information in certain circumstances, such as when you set up an account. The following sections describe what type of information we collect, when we collect it and how we use it.

Setting up an account
In order to use certain functionality of the RingtoneChannel Features, you will have to create a user account which requires you to submit certain personal information. When you register and create an account, we require you to provide us your name, telephone number, mobile telephone number, e-mail address and home address. We charge a fee for some of the Services, such as when you purchase a downloadable file through the Site. When setting up an account, you may also submit the type of payment method you would prefer to use, including your mobile phone account or your credit card. If you do not provide such information when you set up your account, you will have to provide it at the point of purchase of a downloadable file. Upon activating an account, you will select a user name and password. Your user name and password will be used so you can securely access and maintain your account.

Cookies
Cookies are small bits of electronic information that a web site can transfer to a visitor's hard drive to help tailor and keep records of his or her visit to the site. The use of cookies is standard on the Internet and many web sites use them. Cookies allow web site operators to better customize visits to the site to the visitor's individual preferences. For example, by setting a cookie you would not have to log in a password more than once, thereby saving time. We currently save password information in cookies, however, we do not receive or record any personal information in the cookies we use.
Although most Web browsers automatically accept cookies, you can usually change your browser to prevent that or to notify you when you are sent a cookie. Even without accepting a cookie, you can still access the RingtoneChannel Features. However, to access your account, you will have to re-enter your user name and password each time you visit the Site.

Sweepstakes and Contests
We may offer contests and sweepstakes to our account holders form time to time. To enter each particular contest or sweepstakes, account holders must submit their user names and/or their mobile phone number. We may incorporate certain information from our account holders when they participate in contests or sweepstakes so we may better understand what types of contests or sweepstakes appeal to our customers. We will only use such information in the aggregate and we will not connect such information to personally identifiable information, such as people's names or e-mail addresses. For example, if we hold a contest to win a football, we may determine, in the aggregate, how many of our account holders who enter the contest have selected "sports" as an interest. We may also use your home address to send you a prize you may have redeemed in participating in a contest.

Customer Service
We provide customer service support through e-mail. In order to provide customer support, we will ask for your e-mail address, user name or mobile phone number. Aside from this information, we do not ask for any personal information to provide customer support. We only use information received from customer support requests, including e-mail addresses, mobile phone numbers and user names, for customer support services and we do not transfer or share this information with any third parties.

How do we use the information you provide us?
As stated above, we use your personal information such as your name, address, and mailing address to send you prizes you may have won in a contest and we may use your credit card number or mobile phone account for billing purposes when we charge you for the purchase of downloadable files through our Site. We also will use your e-mail address and user name to contact you when we provide customer support.
In addition, we may also use your e-mail address to send you information on updates to the RingtoneChannel Features from time to time. To opt out of receiving these e-mails, please see the section below titled "How do you opt out?"
We may also provide information about our visitors and account holders to outside parties from time to time. For further details, please see the section below titled "Does New Motion disclose the information it collects to outside parties?"
We may use the information we collect to tailor your experience through the RingtoneChannel Features by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary, such as when you redeem prizes from a contest.

How does New Motion protect customer information?
We implement a variety of security measures to ensure the security of your personal information on our systems. User personal information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. Any credit card information you supply us is transmitted and protected via Secure Socket Layer technology ("SSL") and then stored into our databases to be accessed only as stated above.

Does New Motion disclose the information it collects from its visitors to outside parties?
New Motion does not currently sell, trade, or otherwise transfer outside the company personally identifiable information that account holders voluntarily provide in any account registration, sweepstakes or contest submission. This information is used to better understand how account holders use the Site, to support related transactions made on the site, and to better know our visitors and possibly tailor any specific features, promotions, or other notifications to them. However, this data in an aggregate form without any personally identifiable information may be provided to other parties for marketing, advertising, or other uses. For example, we may provide information to a third party about how many holders who selected "movies" as an interest entered a sweepstakes, or how many of our account holders overall selected "sports" as an interest and are between the ages of 17 and 24. Should you change your mind about the information you've provided to us, should you no longer wish to receive information from us, or should your information change, we have provided a way for you to correct, update or remove the personal data you gave us. For further details please see the section below titled "How do you change the information we have for you?"
In the event New Motion goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, account holders' information will, in most instances, be part of the assets transferred. Visitors and account holders will be notified via prominent notice on the Site for 30 days prior to a change of ownership or control of information of users held by us. If as a result of the business transition, information will be used for a purpose different from that stated, or implied, at the time of collection users will be given a choice consistent with our notification of changes section.
Notwithstanding any other term of this privacy statement, we may release any personal information we obtain or collect when we believe its release is appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety.

Individuals under 13 years of age
Pursuant to the provisions of the 1998 Federal Children's Online Privacy Protection Act ("COPPA"), our policy is to refuse individuals under the age of 13 years of age to submit information to the Site or to install and/or use the RingtoneChannel Features. We therefore do not knowingly collect personal information from individuals under the age of 13 years of age. If you are under 13 years of age, you are not permitted to use the RingtoneChannel Features.

How do you opt out?
In order to opt of receiving e-mail notifications and updates, please access the "My Account" area of the Site and you may select the "Do not send me e-mail updates and notifications" option.

How do you change the information we have for you?
To update, modify or delete the information that we have on file for your account, simply go to the "My Account" section of the Site, log in, then modify your details and settings as necessary. Please note that we require some personal information for billing purposes. If you wish to delete your name, mobile telephone number, e-mail address or mailing address you will be required to terminate your account.

Third party links and co-brand relationships
In an attempt to provide increased value to our visitors, we may choose various third party web sites to link to, and frame within, the Site. We also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors and account holders. However, even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our site) may not be received by us. As such, we have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of the RingtoneChannel Features and the links placed upon each of them and therefore request any feedback on not only the RingtoneChannel Features, but for sites each links to as well (including if a specific link does not work).

Surveys
From time-to-time, we request information from users via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as your email address), and demographic information (such as interests or age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the RingtoneChannel Features and will not be transferred to third parties.

Notification of changes
By visiting the Site or using the Services, you consent to the collection and use of information by us as set forth in this privacy statement. If we decide to change our privacy statement, we will post those changes within this page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Questions? Contact us
If you have any questions about our privacy practices or your dealings with the RingtoneChannel Features, please do not hesitate to contact:

support@ringtonechannel.com

Terms of Service
Please also read the General Website Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of the Site, the Services and other New Motion services and applications.