Click here to see the terms and conditions for accessing, browsing and/or using www.singtone.com.|
Click here to see the terms and conditions for creating, downloading and sending ReVoice Singtones.
By accessing, browsing and/or using www.singtone.com you agree to the following terms and conditions.
2. Everyone is welcome to visit the Website. However, if you want to create Singtones, enter a contest or buy or send Singtones online, you must register. In order to register, you must be at least 15 years old or receive your parent's or guardian's written consent.
3. The products and services displayed on the Website may not be available in your particular country or locality. You should check the Website for territorial restrictions for the availability of specified products and services in your area. Reference to such products and services on the Website is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere.
4. All materials, including information, communications, software, images and sounds contained on, created by or available through the Website ("Content") is provided by Synchro Arts and its suppliers. The Content is copyright © Synchro Arts Limited or its suppliers and is protected under national laws and international treaties. All rights reserved. Content cannot be reproduced, modified, sold, exchanged, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Synchro Arts. You agree that the material and content contained within or provided by Synchro Arts or created by the services provided by Synchro Arts is for your own personal use only and may not be used for commercial purposes or distributed commercially.You cannot use the Content except as specified herein. Press releases and other documents classified as public information may be for public communication provided the source of that information is stated.
5. Revoice and Singtones are trademarks of Synchro Arts.
6. MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson.
7. Synchro Arts will use its reasonable endeavours to maintain the Website in a fully operating condition. Synchro Arts is not responsible for the results of any defects in the Website. You agree that the Website or its Content may not be error free and that it may not be suitable for the purpose for which you are using it.
8. Synchro Arts reserves the right to make subsequent changes to the Website, and services may be modified, supplemented or withdrawn at any time without notice.
9. You acknowledge that Synchro Arts has no control over and excludes all liability for any content or material on the Internet which can be accessed by using the Website. You further acknowledge that Synchro Arts cannot be deemed to have endorsed such content or material.
10. By submitting any materials or content to us via the ReVoice Singtone system, the Website, email or otherwise, you do so in the knowledge that Synchro Arts may copy, modify, distribute or create a derivative work from such materials or content in any form. You warrant that the materials or content are fit for publication and agree to indemnify us if any third party takes action against us in relation to the materials or content that you submit. You warrant that you believe Synchro Arts may publish the materials or content you submit and/or make use of it or any concepts described therein in our products or services without liability and you agree not to take action against us in relation to it.
11. Any software available for download from the Website ("the Software") is the copyrighted work of Synchro Arts or its suppliers. The Software is made available for downloading solely for end-users personal use and its use is subject to terms of the end user license agreement which is included with the Software ("License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
12. If the computer or device you use to access the Website does not support relevant technology including but not limited to encryption, you may not be able to use some services or access certain information on the Website.
13. Applications and features provided by the website are dependent on your computer, mobile phone network, content format as well as on the compatibility of mobile devices necessary for use. Please verify the local availability of WAP and mobile internet services with your network operator or service provider.
15. Internet transmissions are never completely private and secure. You acknowledge that any message or information you send on the Website may be read or intercepted by others. Furthermore, you should not give your PIN Code or passwords to anyone. Also, if you share your computer with other people, you should log out from the Website and close your browser window when you are done.
16. Our ReVoice Singtone services allow you to record and transmit your voice via phone and the Internet and maintain copies. If you use these or other services provided by the Website, you grant Synchro Arts the right to edit, copy, distribute, create derivative works from, and publish your voice recordings in any form and medium we choose.
You ackknowledge you are solely responsible and liable for all of your activities on the Website and if you engage in certain violations, including those listed below, Synchro Arts and its suppliers may terminate your access to the Website:
Synchro Arts reserves the right to remove content including user-generated content at any time, including but not limited to, any content that violates the standards listed herein. Synchro Arts is not responsible for any objectionable material you may encounter while using the Website.
- Create, publish, transmit or facilitate distribution of voice recordings or any other content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
- Use vulgar or abusive language.
- Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
- Attempt to get another user's PIN Code or password.
- Upload a virus or other harmful component.
- Interrupt or attempt to interrupt the Website.
17. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Synchro Arts or any of its customers or users of the Website by any means.
19. Your use of the Website is at your own risk. The Website (including all content and functions made available on or accessed through the website) is provided "as is" and "as available". To the fullest extent permissiable by law, with regard to the content on the website, Synchro Arts makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content pubsihed on or available through the Website; (2) that the server that makes the Website available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherise use the website.
Under no circumstances, including but not limited to Synchro Arts' negligence, shall Synchro Arts be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to the use of, the inability to use, or errors or omissions in the content and functions of the website, even if Synchro Arts or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limited or exclusion may not apply to you. In no event shall Synchro Arts' toal liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed £100.00.
20. These terms and conditions and any additional terms posted on the Website together constitute the entire agreement between Synchro Arts and you with respect to your use of the Website. These terms and conditions shall be governed by and construed in accordance with the laws of England, without reference to its conflicts of law rules.
21. Synchro Arts reserve the right to vary these terms and conditions from time to time, such variations becoming effective immediately upon posting of the varied terms and conditions on the Website. By continuing to use the Website you will be deemed to accept such variation.
22. The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. www.singtone.com is provided by Synchro Arts Limited, 13 Links Road, Epsom, Surrey, KT17 3PP, UK. Email: email@example.com. VAT registration number is GB 652 8469 07.
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By downloading or otherwise accessing ReVoice Singtones via the ReVoice Singtone System, whether through the website www.singtone.com, the ReVoice Singtone Studio PC program, or the ReVoice Singtone Telephone system on 0870 217 1111 (or any other access number made available by Synchro Arts) you agree to be bound by the following Terms and Conditions.
1. ReVoice Singtones ("Singtones") are audio files to be used as ringtones that have been created by users of the ReVoice Singtone phone system and/or the ReVoice Singtone Studio PC program. Singtones incorporate the user's recorded voice. Synchro Arts Limited ("Synchro Arts") provides the Singtone creating services.
2. By creating, sending, downloading or accessing Singtones, you warrant to Synchro Arts that you are sixteen (16) years of age and have the legal capacity to enter into these Terms and Conditions or if you are under 16, you have received your parent's or guardian's written consent to use the Singtone system and they accept these Terms and Conditions on your behalf.
3. To purchase a Singtone, you must have a contract to a carrier's phone plan. You must have sufficient credit on your mobile phone contract to send, download or access Singtones.
4. The cost of any Singtones downloaded or accessed should be included by your mobile phone network provider in your mobile phone bill for contract customers or deducted from your credit for pre-pay customers. Details of the cost of Singtones will be provided with each downloadable or sendable item either on the Website, the ReVoice Studio Program or the ReVoice Singtone Telephone system. Standard network charges will be applied by your network operator for calls made, data accessed and downloaded, and other required services related to purchasing Singtones.
5. ReVoice Singtones can only be purchased through UK mobile phone accounts with either 02, Orange, T-Mobile or Vodaphone.
6. To receive Singtones on a mobile handset, the receiving handset owner is required to satisfy all of the following conditions: It must be a compatible mobile phone handset including but not limited to being capable of playing an MP3 or AMR file, be on a subscription or contract to a carrier phone plan, have the ability to send and receive SMS text messages and to receive and act upon WAP Push messages.
In addition to the above requriements, you acknowledge that a) a Singtone compatible phone will not receive Singtones if it is turned off, is insufficiently charged, does not have sufficient memory availabe to store the Singtone, or is outside its network area and b) Synchro Arts is not responsible for these conditions and consequent non-receipt of Singtones.
7. You are responsible for ensuring that the mobile phone that will be receiving a Singtone is a Singtone-compatible phone prior to purchase of a Singtone for that phone. If you purchase a Singtone and the receiving phone is not compatible, you may still be charged but the receiving phone will not be able to play the Singtone.
8. The ability to download or access Singtones may be restricted or impaired when on a roaming network abroad.
9. Singtone creating services may be accessed in some foreign countries, however this is dependent on this service being supported by the foreign network. You should check with the local carrier with regards to additional charges for such downloads or access. However note item (5) above.
10. Downloaded Singtones are non-refundable.
11. For reasons relating to maintenance and protection of intellectual property rights, you must not modify or forward any Singtones unless expressly permitted to do so by Synchro Arts and you will be directly liable for any claims brought against you, including claims by Synchro Arts or any third parties should you do so. In no circumstances may you use the Singtones for commercial purposes or forward Singtones to anyone whom you have reason to believe may use it commercially. You may not do or attempt to do any of the following: copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement) or otherwise make available the Singtones.
12. Where the Singtones is downloaded to your handset, you are entitled to store one copy of the Singtones in your phone's memory. You may make one copy of the Singtones for back-up purposes only. All copies of the Singtones remain the property of Synchro Arts.
13. Please note that any Singtones saved onto the Singtone receiver's handset may be lost if your handset is upgraded or replaced. Copies may be maintained on the Website at the discretion of Synchro Arts.
14. There are limits on the number or volume of Singtones that can be loaded on your handset. For further information please refer to the manufacturer of your handset and any specific restrictions relating to the particular Singtones that you are accessing or downloading. If you wish to access additional Singtones once you have reached your handset's limit, you will need to delete some of your existing Singtones or other content in your phone memory.
15. Differences in handset features mean that not all handsets are compatible with Singtones. You are advised to check a particular handset's compatibility before downloading, accessing or sending Singtones to that handset.
16. Under no circumstances will Synchro Arts or any of the other parties involved in the provision of Singtones, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Singtones or the provision of Singtones. Synchro Arts agrees to rectify any such problems with Singtones which are notified to Synchro Arts as soon as reasonably practicable.
17. You accept that the downloading and accessibility of Singtones is subject to availability and may be affected by the volume of users from time to time or by Network congestion.
18. Synchro Arts accepts no liability for the temporary non-availability of its Singtone services, loss, late receipt or non-readability of any download, transmission, or other communications. Singtones are supplied on an "as is" basis and Synchro Arts does not warrant that a Singtone is of satisfactory quality, fit for a particular purpose, suitable, accurate, complete, secure or is free from error.
19. Synchro Arts will not be liable to you in any way for failures, defects or delays in the delivery of the Singtones which are caused by one or more of the following reasons:
a. You have provided incorrect information when ordering the Singtones;
b. Your handset is not able to receive the Singtones;
c. Your message mail box is full;
d. Your phone has insufficient memory to receive the Singtones;
e. Your handset is out of range or for some reason cannot be contacted; or
f. You accidentally erase the Singtones.
20. Unlawful, indecent, or otherwise inappropriate use of the Singtones is prohibited.
21. You agree only to access, download and use the Singtones in accordance with Synchro Art's security measures relating to its services, billing, and any Singtone source code, and will not attempt to circumvent such security measures.
22. All trademarks and trade names are the properties of their respective owners and all rights are reserved by the respective owners.
23. Breach of these terms by you will entitle Synchro Arts to terminate your use of the Singtone system.
24. Rapid advancement in technology relating to mobile communications means Synchro Arts reserves the right to vary or withdraw the Singtone service at any time without notice and to amend these Terms and Conditions from time to time. Any alteration or addition to these Terms shall take effect immediately once posted on www.singtone.com. Any continued use or access to Singtones after such publication means that You will be deemed to have accepted such changes. Synchro Arts reserves the
right to change the cost of the Singtones from time to time. Any alteration or addition to the cost shall take effect immediately once posted on www.singtone.com and/or on our Singtone Phone system. Any continued downloads of Singtones and access to Singtones after such publication means that You will be deemed to have accepted such changes.
25. You agree that Personal Data (as defined in the Data Protection Act 1998) supplied by you when ordering Singtones may be used by Synchro Arts to monitor the use of the service from time to time and to evaluate areas of improvement. All Personal Data collected from you will be used by Synchro Arts for the purposes of providing Singtones and may be added to a database owned by Synchro Arts for use by Synchro Arts in marketing its services.
26. This Agreement shall in all respects be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
27. If any of these Terms and Conditions are determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
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