Terms & Conditions

Please read the following General Website Terms of Service (this "Terms of Service") carefully before opening a RingtoneChannel membership account ("Account"), using ringtonechannel.com (the "Site") or the various services we provide, including, but not limited to providing Downloads (defined below) and Contests (defined below) and awarding prizes to winners of Contests (collectively, the "Services"), so that you are aware of your legal rights and obligations with respect to New Motion, Inc. and its affiliates and subsidiaries (individually and collectively, "we," "us," or "New Motion").

BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A CONTEST, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL T&CS; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE AT LEAST 13 YEARS OLD BUT YOUNGER THAN 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO USE THE SITE AND THE SERVICES OR OPEN AN ACCOUNT (DEFINED BELOW) AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE, OUR PRIVACY POLICY AND IF YOU ARE PARTICIPATING IN A CONTEST, THE SPECIFIC TERMS AND CONDITIONS OF THAT CONTEST. IF YOU ARE YOUNGER THAN 13 YEARS OLD, YOU ARE NOT ALLOWED TO USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT.
EACH CONTEST HAS ITS OWN TERMS AND CONDITIONS. BY PARTICIPATING IN A CONTEST, YOU AGREE TO THE SPECIFIC TERMS AND CONDITIONS OF THAT CONTEST IN ADDITION TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AND THE NEW MOTION PRIVACY POLICY. PLEASE CAREFULLY READ THE SPECIFIC TERMS AND CONDITIONS OF THE CONTEST YOU ARE ENTERTING AS WELL AS THE REST OF THIS TERMS OF SERVICE AND THE NEW MOTION PRIVACY POLICY BEFORE PARTICIPATING IN THE CONTEST.
New Motion has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
New Motion reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. New Motion may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

1. Description of Services
New Motion provides downloads of various types of mobile entertainment content mobile content for use on mobile phones, including, but not limited to, ringtones, text messages, wallpapers, images, games, and audiovisual files delivered via SMS, MMS, WAP, BREW and other means of mobile content delivery to compatible mobile devices ("Downloads") and offers text message based contents and tournaments (each a "Contest"). Alltel, Nextel, Boost and Verizon Wireless are not eligible for ringtones, games, wallpapers but will have access to text alert services.

2. Privacy
Your privacy is very important to us at New Motion. To better protect your rights we have provided the mobilsidewalk.com Privacy Policy to explain our privacy practices in detail. To read the ringtonechannel.com Privacy Policy, click here: http://www.ringtonechannel.com/Content/Privacy.aspx

3. Limited License
New Motion grants you a limited license to (i) access and use the Site and the Services, and (ii) use Downloads solely for your own personal use on your mobile device you designate to receive such Downloads. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content).

4. Use of Materials
All materials transmitted or published by New Motion on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the "Materials") are owned or controlled by New Motion, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

5. Accounts and Security
To use aspects of the Site or the Services, you must register with New Motion to open an Account. As part of the registration process, each user will select a password and user name. You shall provide New Motion with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that New Motion, in its sole discretion, deems inappropriate or offensive; (iv) assign more than one mobile phone number to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
You agree to notify New Motion of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.
New Motion may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that New Motion believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by New Motion (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of New Motion. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against New Motion, or a claim which in any way involves New Motion, then New Motion may terminate your Account. Upon termination of your Account by New Motion for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) New Motion will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

6. Your Promises
You promise that you will not:

remove any proprietary notices from this Site, the Downloads or any copy thereof;
cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without the express permission of New Motion;
export or re-export the Downloads in violation of United States export laws;
use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
access, create or modify source code of the Downloads in any way;
use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance;
sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party web site or service;
use the Services or this Site for fraudulent purposes;
attempt to decompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by New Motion with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by New Motion, this Site or the Services;
take any steps to interfere with or in any manner compromise any of New Motion's security measures or gain access to New Motion's systems or accounts;
harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person's use of the Site or the Downloads.

Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, New Motion may immediately terminate your Account, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.

7. Download Payments and Giveaways
You acknowledge that, with the exception of the free Downloads discussed below, you must pay for each Download you acquire through this Site through a credit card, a charge to your mobile phone account, or any other acceptable method of payment you provide to New Motion. When you purchase a Download, you authorize New Motion to charge the fee for that Download and any applicable taxes New Motion is required to collect to the credit card number, your mobile phone account or other acceptable payment method you provide to New Motion. If New Motion is unable to process the Download fee to the payment method you provided, New Motion may immediately terminate your Account. New Motion reserves the right to change the fees charged for Downloads and payment methods at any time. All Download fees are stated in U.S. dollars. You may terminate your Account at any time, however, you will not be refunded any Download fees already paid to New Motion upon such termination.
New Motion may offer free Downloads or free trials of Downloads through this Site from time to time, including, without limitation, as a premium for participating in a Contest. New Motion reserves the right to terminate such free Download promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.
You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.

8. Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NEW MOTION OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, NEW MOTION DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE DOWNLOADS AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

9. Limitation of Liability
IN NO EVENT SHALL NEW MOTION BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF NEW MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of New Motion in any manner whatsoever. Therefore, New Motion is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. New Motion is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by New Motion of any linked site and/or any of its content therein.

11. Term of Use
The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by New Motion to effect such termination. Sections 4, 6, and 8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.

12. Your Representations and Warranties
You represent and warrant that:

you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
you will use this Site and the Downloads for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
you will only use this Site and the Downloads on a computer on which such use is authorized by the computer's owner; and
you are over 13 years of age.

13. Indemnity
You agree to indemnify, defend and hold harmless New Motion, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.

14. Notification of Copyright Infringement
New Motion may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize New Motion to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
New Motion will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify New Motion's Copyright Agent identified below.
A notification of claimed infringement must be a written communication addressed to the New Motion Copyright Agent set forth below (the "Notice"), and must include the following:

a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed;
a description of the exact name of the infringing work and where the infringing work is located on the Site;
information sufficient to permit New Motion to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to the Digital Millennium Copyright Act, New Motion will remove allegedly infringing material from the Site upon receipt of a notice which complies with the requirements of this section.
To reach New Motion's Copyright Agent for Notice of claims of copyright infringement or counter-notifications:

By telephone: 800.387.0290
By fax: 949.777.3717

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site or the Services or if you have received a notice of alleged copyright infringement and you are sending a counter-notice. All other inquiries directed to the Copyright Agent will not be responded to.

15. Severability
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Copyright.
New Motion holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the New Motion trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. New Motion holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to New Motion. The collective work may also include works that are the property of New Motion's licensors, which are also protected by copyright and other intellectual property laws.

17. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of New Motion used herein are trademarks or registered trademarks of New Motion. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

18. Miscellaneous
New Motion reserves all rights not expressly granted herein. New Motion may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site, and/or the Downloads shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and New Motion. The failure of New Motion at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to New Motion or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in the County of Orange, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and the Downloads and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: info@ringtonechannel.com Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site or the Downloads, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814, or by telephone at 800.952.5210.

©2005 New Motion, Inc. All rights reserved.