Terms & Conditions
Welcome to BongoTones® (BongoTones, we, Company), which is owned, produced, and operated by Century Media LLC. BongoTones® is a mobile content Web site that allows users to access, create, and send content to their mobile phone. The services offered by Century Media LLC include the BongoTones® Web site and any other features, content, or applications offered from time to time by Century Media LLC in connection with the Web site.
The BongoTones® Terms and Conditions agreement is a legally binding agreement between the BongoTones Web site and each user: registered, trial, visitor or producer. Prior to use of the BongoTones® Web site and services the user agrees to read, understand, accept and abide by all of the terms and conditions thereof. This agreement states clear stipulations and addresses your rights and responsibilities in regards to your use and access to any service provided by BongoTones®. Per this agreement, the user understands that the term "Services" regards any present or future service or application provided by BongoTones®. If the user does not agree to these terms and conditions of use, you may not access or otherwise use the BongoTones® Web site.
BongoTones® hereby grants the user permission to access and use its Services as set forth in this agreement, understanding that you agree to (1) not copy or distribute any part of the web site or Services in any medium without BongoTones®'s express written consent; (2) not alter or modify any part of the Web site or Services other than as may be reasonably necessary to use the Web site for its intended purpose; (3) comply with all these Terms and Conditions.
Use of the BongoTones® Services and registration to be a Member for the BongoTones® Services ("Membership") is void where prohibited. By using the BongoTones® Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the BongoTones® Services does not violate any applicable law or regulation; and (e) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Since the BongoTones® Web site contains user-generated content, you acknowledge that by using the BongoTones® Web site and Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances shall BongoTones® be liable in any way for the use of such content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the Services.
3. Phone Carrier Charges/Taxes
A. Phone Carrier Charges
The user is solely responsible for paying any phone carrier charges relating, but not limited to text messaging, web browser, and bandwidth. You understand that BongoTones® carries no responsibility in paying any fees incurred by the use of its Services.
You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes.
BongoTones® may terminate your membership, delete your profile and any content or information that you have posted on the Web site or through any Platform Application and/or prohibit you from using or accessing the Service or the Web site or any Platform Application (or any portion, aspect or feature of the Service or the Web site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including, but not limited to if it believes that you are under 13, or under 18, or have violated or acted inconsistently with the letter or spirit of this Agreement. BongoTones® may change, suspend or discontinue any aspect of the BongoTones® Web site at any time, including the availability of any feature, database, or Content. BongoTones® may also impose limits on certain features and services or restrict your access to parts or all of the BongoTones® Web site without notice or liability.
5. Third-Party Liability
You also agree that BongoTones® will not be liable to you or any third-party for content, accuracy, offensiveness, opinions, reliability, interference, termination, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. The BongoTones® Web site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the BongoTones® Web site. Links to and from the BongoTones® Web site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. BongoTones® does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the BongoTones® Web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. BongoTones® reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the BongoTones® Web site. BongoTones® does not and cannot review all materials posted to the BongoTones® Web site by users, and is not responsible for any such materials posted by users. However, BongoTones® reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BongoTonesÃ¢â‚¬â„¢s® sole discretion are objectionable or in violation of this Agreement.
BongoTones® may monitor your use of the BongoTones® Web site, and may freely use and disclose any information and materials received from you or collected through your use of the BongoTones® Web site for any lawful reason or purpose.
7. Customer Service
You understand and agree that BongoTones® is solely responsible for all customer service, help, and account issues related to your use or subscription. For assistance, please contact firstname.lastname@example.org.
8. Copyright Infringement
It is BongoTones® policy to respond to all claims of copyright or intellectual infringement relating to the Digital Millennium Copyright Act. If you believe that content residing on or accessible through the BongoTones® Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that BongoTones® is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
The BongoTones® Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the BongoTones® Web Site are only for your personal, non-commercial use. All materials contained on the BongoTones® Web site are protected by copyright, and are owned or controlled by Century Media LLC or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the BongoTones® Web site. You may upload the Content and other downloadable items displayed on this BongoTones® Web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Contents copyright notice.
9. User Account Information
Although BongoTones® will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BongoTones® or others due to such unauthorized use.
10. User Guidelines and Prohibited Content
You agree that except for advertising programs offered by us on the BongoTones® Web site, the Services and Web site are to be used for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Moreover, you agree that you will not use the BongoTones® Web site and Services to:
• Use the Services to harass, abuse, or intimidate another user.
• Harvest or collect personal contact information (email addresses, etc.) of other users from the BongoTones® Web site for commercial, unsolicited, or unlawful purposes (advertising, promotions, etc.).
• Impersonate any person or entity, falsely state or misrepresent yourself, your age or affiliation with a person or entity, including, but not limited to, a BongoTones® employee or forum leader.
• Present false or misleading personal contact information (email addresses, mobile phone numbers, etc.) in any part of the BongoTones® Web site.
• Use or engage in any activity that may damage, disable, or impair any Services or use thereof on the BongoTones® Web site or the availability and stability of Services of any third party web site or service.
• Upload, post or transmit to or distribute or otherwise publish through the BongoTones® Web site any materials which (i) restrict or inhibit any other user from using and enjoying the BongoTones® Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third-parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
• Use any automated means, including spiders, robots, crawlers, etc. to download data from any BongoTones® Service database.
• Solicit any personal information from anyone under 18 years of age or solicit passwords or personally identifying for commercial or unlawful means.
• Use or attempt to access another user's account, service or system without authorization from BongoTones®, or create liability or violate false identity on the BongoTones® Web site.
• Use any material that violates any law, statute, ordinance, or regulation.
• Upload, use, post, transmit, share, store or otherwise make available any content that, in the sole judgment of BongoTones®, is objectionable, restricts, or impairs any other user or Service from functioning or using the Web site, or which may expose BongoTones® or its users to any type of harm or liability.
11. User Content Posted on the Site for Sharing
Any material or content that is uploaded or submitted to BongoTones® or its Services by you is done under the notion that: BongoTones®, its users, and licensees will not be required to make any payments in regards to material or content that you submit to our web site per this Agreement, including, but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights groups, or any persons, licensors, unions, or guilds who contributed to or appeared in content you submitted.
You have full right and power to enter into and perform under these Terms, and have secured all third party consents, licenses, and permissions necessary to enter into and perform under these Terms.
You agree that you have the master rights to distribute the material or content that is submitted and uploaded on the BongoTones® Web site. The material or content that you submit to the BongoTones® Web site does not contain "sampling" from third party content, including, but not limited to, sound recordings, musical compositions, and video recordings, and will not infringe on any third party's copyright, patent, trademark, or trade secret.
Furthermore, with posted material and content, you understand and agree that BongoTones®, at its own discretion, may disable your account and/or uploading and posting privileges. Also, you shall remain responsible for all material or content and understand and agree that you shall indemnify and hold innocent BongoTones® from any and all damages or losses resulting from your posted material or content.
12. License Grant for Shared Content
By posting messages, uploading material or content for the purposes of sharing, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the BongoTones® Web site, you hereby grant to BongoTones® a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against BongoTones® for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
13. Intellectual Property Rights
BongoTones® and its licensors retain exclusive ownership of the BongoTones® Web site and Services, and all intellectual property rights associated therewith. BongoTones® and its licensors retain exclusive ownership of any data that is collected by BongoTones® during its operation including, but not limited to, all ringtone and video start times and lengths that are created during operation of the BongoTones® service. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. BongoTones® reserves all rights not expressly granted hereunder. You shall promptly notify BongoTones® in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of BongoTones® or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions. BongoTones® expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.
14. Disclamer of Warranty/Limitation of Liability
THE BONGOTONES® WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE BONGOTONES® WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE BONGOTONES® WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE BONGOTONES® WEB SITE OR ANY LINKED SITE. FURTHER, BONGOTONES® AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BONGOTONES® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BONGOTONES® WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BONGOTONES® WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BONGOTONES® AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE BONGOTONES® WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
15. Modification of Terms
Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be sent via email to all designated email addresses. Your acceptance of this Agreement means that you give consent to BongoTones® to email you with notices concerning a material change in the terms of this Agreement, the BongoTones® web site or services which you have used.
You hereby agree to indemnify, defend and hold BongoTones®, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. BongoTones® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of BongoTones®.
17. Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN ,WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN.
This Agreement constitutes the entire agreement between BongoTones® and you with respect to your use of the BongoTones® Web site. Any cause of action you may have with respect to your use of the BongoTones® Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. BongoTones® disclaims any and all responsibility for content contained in any third-party materials provided through links from the BongoTones® Web site.