Last modified: October 22, 2015
Welcome to ToneFuse and thank you for using our products and services ("Services"). The Services are provided by ToneFuse LLC ("ToneFuse"), located at 36 Maple Place, Suite 203, Manhasset, NY 11030 in the United States.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH THE ADDITIONAL TERMS DEFINED BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TONEFUSE REGARDING YOUR USE OF OUR SERVICES.
IF YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS OF SERVICE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SERVICES BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL OF OUR TERMS.
ToneFuse offers a number of different products and services to both business and individuals some of which require additional terms, requirements or restrictions (collectively "Additional Terms"). Additional Terms will be made available with the relevant Services and become part of your agreement with ToneFuse if you use those services.
If you are using our Services on behalf of a business or other organization, that business or organization accepts these terms. It must also hold harmless and indemnify ToneFuse and its parents, subsidiaries, directors, officers, employees, agents and affiliates from any claim, suit or threatened cause of action (including, without limitation, reasonable attorney’s fees and costs) arising from or related to the use of the Services or a violation of these Terms of Service.
You may need an account ("User Account") to use some of our Services. You may create your own User Account or use one that is assigned to you by your employer or the business or organization you represent. If a User Account is assigned to you, the business or organization’s terms may also apply.
It is your responsibility to keep your User Account, password and other account credentials confidential. You are responsible for all activity that happens through your User Account. You should immediately report any unauthorized activity in your User Account to ToneFuse here.
To create a User Account and use our Services, you must be over the age of 13 (18 if you live in California).
If you are younger than 13 (18 if you live in California), your parent or legal guardian must create the User Account for you. By doing so, he or she is certifying that they are over 18, your legal guardian and is accepting responsibility for all of your activities on the Service, including, without limitation, the responsibility to determine and control what is appropriate for you to access and what is not.
If you create a User Account, we may store and display your user or profile name, photo and information about the actions you may take through the Services to other users in accordance with these Terms of Service and any Additional Terms or profile settings.
We respond to notices of alleged copyright infringement and terminate the User Accounts of repeat infringers in accordance with the procedures proscribed by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "Act"). If you think your copyrights have been violated, you may notify ToneFuse by sending an email here. Your email should include your address, telephone number, and email address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and any other information required by the Act.
General Rules Applicable to All ToneFuse Services
The following General Rules apply to all Services:
You must comply with all Additional Terms.
You must use our Services only as permitted by law, including, without limitation, applicable export control laws.
You may use our Services only as permitted by your Internet or mobile service provider.
You must not interfere with the operation of our Services or try to access them using methods other than those that we provide.
You must not use our Services to harass, defame defraud or otherwise violate our rights or the rights of any other person or entity.
You must not use, remove, obscure or alter any branding, logos or legal notices that appear within our Services.
Using our Services does not give you ownership of the Services or content you access. You merely have a right to use the Services or content in connection with the Service in accordance with these Terms of Service and Additional Terms, if applicable.
Some of our Services include content that has been provided by other users or business partners. ToneFuse is not responsible for third-party content.
Although we reserve the right to remove any third party content that violates the law or our policies, we do not review all of the content that is posted on our Services.
If you believe any content posted on a Service is inappropriate, please report the abuse by sending an email here. Even if reported, we have no obligation to remove the content and cannot be held liable for it.
By using some of our Services, you may be required to become a member of a social network, such as Facebook Connect, and you understand that other members of that network may be able to see some or all of your profile and content. You may also automatically become a member of a ToneFuse Service by connecting to us through a social network.
If we use a third party platform, such Facebook, Twitter, Pandora or YouTube to facilitate social networking, the rules of the platform provider also apply. To control how much of your profile is visible and to whom, use the profile settings features where available.
Some of our Services allow you to upload, store, and send content. You retain ownership of any intellectual property rights in the content to upload to our Services, but you give ToneFuse an unrestricted, worldwide license to use, store, reproduce, modify, publish and distribute your content. This license continues even if you stop using the Service. It is your responsibility to make sure you have sufficient rights in the content to grant ToneFuse this license.
If you are under 18 and a resident of California, after January 1, 2015 you may request that certain content that you uploaded before you turned 18 be either made anonymous or otherwise not visible to other users of the Service.
Content You Download or Access Through Our Services
Some of our Services allow you to download content (such as music, ringtones, wallpapers, games, applications and other software) to your computer or mobile device. Some of the content available for downloading may be provided by third parties and is subject to their rules. You may use downloaded content only for your own personal, non-commercial use. You may not copy, modify, sell, license or share it with others unless the Additional Terms say otherwise.
If you download a game, application or other content through the service and later cancel your participation in the Service, the content you downloaded to your computer or device will remain there and may continue to send you messages, updates and other notifications until you delete it or change the applicable settings.
Certain content may be made available for streaming only. "Streaming" content, for example a musical sound recording, is initiated by selecting content while you are online, at which time an encrypted file will be transmitted to your computer or device for a contemporaneous performance of the recording which does not create a download or residual copy or file on your computer or device other than as temporarily required to render that performance as in the form of a buffer copy. You are prohibited from using "streaming" content in a manner that exceeds the permitted uses described above (for example, and without limitation, by downloading or otherwise copying streaming-only content).
Linking to and Framing Other Content and Services
We do not permit you to link, point to or frame third party content and services unless the Additional Terms specifically say otherwise. If our Service permits you to create links and pointers to other content and services, you must do so only if the content owners also allow it.
Fees and Other Charges
ToneFuse may impose fees for certain Services or actions taken through a Service, such as making an in-application purchase. Fees and charges for use of ToneFuse’s ad serving and analytical services are typically governed by Additional Terms.
By completing the registration process, you authorize ToneFuse to charge the appropriate fees and any taxes for the Service to your credit card or directly to your wireless account or deduct payment from your pre-paid balance or to bill you.
When you confirm a transaction on the Service, you agree to be bound by and pay for that transaction. All sales, including in application purchases are final and no refunds will be given, even if you cancel the Service or delete the application unless otherwise noted at the time of purchase.
If fees are charged to your credit card or wireless, bank account or other payment service provider, we may provide them with your applicable account and transactional information. When you provide a payment to ToneFuse, you confirm that you are permitted to use that card or other source of payment. You also authorize ToneFuse to collect and store it, along with other related transaction information. Information may be stored on servers outside of the United States.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
If you select a subscription plan, you authorize ToneFuse to continue billing you each month in accordance with the plan until you cancel the subscription. Cancellations may take from twenty-four (24) hours to ten (10) days to become effective.
In addition to any applicable subscription or other fee for the Service charged by ToneFuse, your mobile service provider’s fees, and messaging and data rates may apply to your use of the Service, outgoing messages, our confirmation messages and all subsequent correspondence. Your carrier’s service fees and messaging and data fees may also apply to the messages sent between you and ToneFuse as part of the sign-up, HELP and opt-out processes.
You agree to pay all charges incurred by you (or any user of your User Account or wireless device) in connection with the Service at the rates in effect when such charges are incurred.
If any of your billing information changes, it is your responsibility to update your User Account information.
When you make a payment, you authorize ToneFuse (and our payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter.
We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
We may cancel or delay any transaction or deactivate your account if we believe the transaction violates these Terms of Service, or we believe doing so may prevent financial loss.
We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
We may cancel any credits transferred, assigned, or sold in violation of these Terms of Service.
If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
If you cancel a transaction before completion, the pre-approval may result in your funds not being immediately available.
Billing Disputes and Refunds
If you have a complaint or dispute about a charge, or about a certain feature or product of the Service, you must notify ToneFuse immediately here.
If you do not bring billing issues to our attention within 90 days after they first appear on your bill or statement, you waive your right to dispute such problems or discrepancies.
We may issue refunds for certain corrupt or defective content or Services. However, if you repeatedly request refunds, which in our sole discretion are illegitimate, your use of the Service may be subject to suspension or termination, without further notice to you.
Fees charged for certain subscription plans are due in advance unless provided otherwise in your subscription plan, and are nonrefundable. You understand that our right to make certain services available to you may expire, in which case we may cease delivering the services to you.
You agree to notify ToneFuse immediately, if you believe that an unauthorized transaction has taken place on your account so we may take action to prevent financial loss.
You agree to reimburse ToneFuse for all charges, claims, fees, fines, penalties and other liability incurred by ToneFuse (including costs and related expenses) arising out of payments that you authorized or accepted.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between Service users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
To the fullest extent permitted by law, you waive all claims against ToneFuse related to payments unless you submit the claim to ToneFuse within 30 days after the charge.
Warranties and Disclaimers
THE SERVICE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE SUCH AS MESSAGES AND MATERIALS SENT VIA THE SERVICE AND DOWNLOADABLES PROVIDED VIA THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TONEFUSE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. ADDITIONALLY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TONEFUSE DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE SERVICE, INLCUDING, WITHOUT LIMITATION, THAT THE SERVER THAT MAKES IT AVAILABLE, OR THE SERVICES, CONTENT OR DOWNLOADABLES, WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, TONEFUSE AND ITS SUBSIDIARIES, SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH TONEFUSE OR ITS AGENTS. TONEFUSE MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USERS’ REQUIREMENTS.
YOU UNDERSTAND THAT WHEN USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT AND USER-SUBMITTED MATERIALS FROM A VARIETY OF SOURCES, AND THAT TONEFUSE IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR USER-SUBMITTED MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR USER SUBMITTED MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TONEFUSE WITH RESPECT THERETO.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TONEFUSE OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TONEFUSE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, WIRELESS DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, SOFTWARE APPLICATIONS OR AUDIO FROM THE SERVICE OR YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TONEFUSE OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES ("TONEFUSE ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SERVICE EVEN IF TONEFUSE OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TONEFUSE ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM USE OF THESERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TONEFUSE FOR YOUR USE OF THE SERVICE DURING THE CALENDAR QUARTER DURING WHICH THE CLAIM AROSE.
No Class Actions
YOU AND TONEFUSE AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE BETWEEN TONEFUSE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF TONEFUSE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH ONE OF TONEFUSE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. WE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL OF THE PARTIES.
Modifying and Terminating Services
We are constantly changing our Services and may add or remove functions and features and suspend or stop Services at any time. If we stop or suspend a Service, we will try to provide you with reasonable notice so you can get your information and other content out of the Service.
You can stop using our Services at any time.
The Service is controlled by ToneFuse from its offices in the United States. ToneFuse makes no representation or warranty that the Services or content contained on or made available in connection with the Service is legal, appropriate or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. Information we collect may be processed and/or stored on servers outside of the United States.
Governing Law; Miscellaneous
THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND TONEFUSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY DISPUTES SHALL BE IN THE COUNTY OF NEW YORK, STATE OF NEW YORK, AND YOU AGREE TO SUBMIT TO SUCH JURISDICTION.
ToneFuse’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
You agree that your User Account is non-transferable and any rights to your user ID or the contents of your account terminate upon your death.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have arising out of or related to the use of the Services or a breach of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a question or complaint about the Services, please contact us.
This Agreement was last modified on the date indicated above and is effective immediately.
Copyright © ToneFuse, LLC
All rights reserved.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Service are registered and unregistered Trademarks of ToneFuse, LLC. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by ToneFuse, LLC. that appear on the Service, if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of ToneFuse, LLC. or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Service is strictly prohibited. ToneFuse, LLC. will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.