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RingtoneMediaStudio.com is a service of Avanquest Software S.A and its affiliates, a company incorporated under the laws of France and having a principle place of business located at 89-91 Bd National - Immeuble Vision La Défense 92250 La Garenne Colombes - France.

These Terms of Use (the "Agreement") are between you ("You" or "Your") the Customer ("Customer") and Avanquest Software S.A., doing business as RingtoneMediaStudio.com ("Company"). This Agreement explains our obligations to You and Your obligations to Company in relation to the Service (as described below).

By completing the Registration process located on Company website located at RingtoneMediaStudio.com or any successor website thereto ("Website") and by indicating that You Agree to the terms and conditions of this Agreement, Customer agrees to be bound by this Agreement.

Description of Service

Company is in the business of providing downloadable mobile entertainment content including but not limited to mobile ringtones, graphics, videos, games and software ("Content") via delivery over the Internet or via SMS, MMS, WAP or other means of mobile content delivery. You acknowledge and agree that the Content is for your personal use on the personal computer and mobile device designated during the download or registration. You agree that you may not make commercial use of the Content or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise interfere with the Content.

Use of the Service

In order to use the Service Customer must purchase (i) Ringtone Media Studio or Mobile Media Studio software; (ii) agree to the User License Agreement ("License"); and (iii) provide the software serial number upon user registration on the RingtoneMediaStudio.com web site.

In order to deliver Content to a mobile device, Customer must have (i) a compatible mobile device, (ii) a mobile communications subscription with a participating carrier, and (iii) access to software and/or hardware capable of delivering Content to a compatible mobile device. If delivery is via a mobile communications network your mobile device must have Internet capabilities which allow you to transfer the Content to your mobile device.

Use of the Content

The Content is protected by international copyright laws. No right of ownership is granted to the Customer under this Agreement, only a right of use is granted to the Customer. By this Agreement, the Company grants the Customer non-exclusive, non-transferable and limited of use the Content in accordance with the terms stated below:

• Content may be downloaded and used only by the Customer on a single computer at any one time. The Content must not be installed, displayed, shared or used concomitantly from the computer or on distinct computers. You may not sell, copy, publicly display, publicly perform, create commercial works from or otherwise revise the Content for other than its intended use.
• The Company and its licensor(s) reserve all their rights, including but not limited to, copyright protection pertaining to the Content. The Content includes material that has been licensed to Company in accordance with various licensing agreements between Company and its licensors. The use of the Content is reserved for the personal use of the Customer, excluding any other use and in particular (i) for commercial use, or (ii) if the Content is not used for its intended purpose.
• You agree to use your best efforts and take all reasonable steps to safeguard the Content to ensure that no unauthorized copy or distribution is made, in whole or in part, or in any medium. You acknowledge that the Content is copyright protected and contains valuable confidential information and trade secrets, and that any unauthorized use and/or copying of the Content will be harmful to Company and its content providers.

Registration

Use of the Service, including downloading content to a personal computer and sending content to mobile phones, requires that Customer provides certain data, entered in forms on RingtoneMediaStudio.com registration pages, or otherwise ("Data"). In consideration of use of the Service, in providing Data, you represent and warranty that the information is true, accurate, current and complete.

Passwords and User IDs

You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Customer's failure to comply with this requirement.

Privacy

Your privacy is important to RingtoneMediaStudio.com. For information regarding RingtoneMediaStudio.com's privacy policy please view our Privacy Notice located at http://www.ringtonemediastudio.com/privacy-notice.html.

Term

This Agreement is made for an indefinite period. The Agreement will be terminated automatically, without prior notice, in the event of breach by the Customer of any of the provisions herein. Termination will result for the Customer in the obligation to destroy all copies of the Content and associated documentation.

DISCLAIMER OF WARRANTY

THE COMPANY WARRANTS THAT THE CONTENT IS IN ACCORDANCE WITH ITS DOCUMENTATION BUT GIVES NO EXPRESS WARRANTY AS TO ITS ACCURACY, INTEGRITY OR QUALITY. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Partial Non Validity

If any one of the clauses or provisions in this Agreement is ruled null and void or not written, the remaining provisions shall nonetheless remain valid.

Applicable Law

This Agreement is subject to French law, excluding rules on the conflict of laws.

© Avanquest Software, S.A. 2008 - All rights reserved for all media and all countries.