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2004, Slangtones.com. All rights reserved.
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SLANGTONES
TERMS AND CONDITIONS
SLANGTONES.COM provides Voiceringers
Mobile Downloads service and web site "AS IS" and subject to the following
terms and conditions ("Terms").
YOU AGREE TO THESE TERMS BY YOUR
USE OF ANY OF THE SLANGTONES PRODUCTS, SERVICES OR WEB SITE.
THE SERVICES. SLANGTONES.COM Mobile
Downloads offers a web site and sound and voiceringers products (which includes
software and content) for wireless phones (collectively, the "Services").
The Services including products such as voiceringers. SLANGTONES.COM can change
or discontinue the Services or make any other modifications to these Terms at
any time.
OFFER TERMS. You understand and agree
that SLANGTONES.COM offers each SLANGTONES.COM Mobile Downloads product subject
to its own particular usage terms, conditions and cost. If you choose to utilize
any specific Service, you agree to be bound by these additional terms, including,
without limitation, any requirement to pay for such Services.
WIRELESS SERVICE FEES. Please consult
your rate plan and agreement with your wireless service provider to determine
if charges may apply concerning your use of the Service.
WIRELESS ACCESS AND COVERAGE. The
Services will only work on selected phones and networks. Please check your compatibility.
SLANGTONES.COM will not give refunds when you have tried to download Services
to incompatible phones. SLANGTONES.COM cannot warrant or promise that the Services
will work with all wireless products or be available at all times and at all locations.
SLANGTONES.COM cannot warrant or promise that the Services would continue to work
in the event of product, software, coverage or other service changes made by your
wireless carrier or cell phone manufacturer
SLANGTONES.COM ADVISES SAFETY. Avoid
using the Services in any environment requiring your full attention, such as when
you are driving a vehicle.
LIMITED SOFTWARE AND CONTENT LICENSES.
SLANGTONES.COM grants you a limited, non-exclusive license to use the Services
and its website, including the corresponding software and content, subject to
these Terms. COPYRIGHT OWNERSHIP. The software and content (including graphics
and sounds) distributed with the Services is owned by SLANGTONES.COM. Artist references
of voiceringers are copyright ownership of SLANGTONES.COM You may not print, copy,
reproduce, distribute, modify, or in any other manner duplicate the software and
content in whole or in part. This license is subject to the restriction that,
except where expressly permitted by law, you may not translate, reverse-engineer,
reverse-compile, decompile, disassemble or make derivative works from any software
or content provided SLANGTONES.COM . You may not modify the software or use it
in any way not expressly authorized by this Agreement. Do not sell, commercially
exploit, or claim to be the owner, composer, designer or author of any of the
software and content you receive from SLANGTONES.COM as part of the Services.
NO SUPPORT BY SLANGTONES.COM. You
understand that your use of the Services and web site is at your own risk and
that SLANGTONES.COM provides no assistance or support for your use of the Services.
YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement and that you will use the Services only for lawful purposes and subject to this agreement.DISCLAIMER OF WARRANTIES. SLANGTONES.COM OFFERS THE SERVICES ON AN "AS IS" BASIS. SLANGTONES.COM CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF THE SERIVCES, SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SLANGTONES.COM MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF ACCURACY OR WARRANTY OF NON-INFRINGEMENT CONCERNING THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH SLANGTONES.COM REGARDING THE SERVICES IS THE CANCELLATION OF THE SERVICES. LIMITATIONS OF LIABILITY. NEITHER SLANGTONES.COM, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SLANGTONES.COM LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INJUNCTIVE RELIEF. You acknowledge
that the Services contain proprietary and confidential information, and that disclosure
of such information or misuse will give rise to irreparable injury to SLANGTONES.COM,
inadequately compensable in damages. Accordingly, SLANGTONES.COM may seek and
obtain injunctive relief against the breach or threatened breach of the foregoing
undertakings, in addition to any other legal remedies that may be available.
TERMINATION. Your right to use the
Services (including the software and content) shall terminate immediately if you
breach these Terms. In the event of termination, the paragraphs entitled Copyright
Ownership, Disclaimer of Warranties, Limitation of Liability and Construction
shall survive.
CONSTRUCTION. These Terms represent your entire agreement with SLANGTONES.COM concerning the Services. If any part of the Terms is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.
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