Terms Of Service
Welcome to Ringtonelly (the “Platform”, “Company”, “we” or “we”) (the “Platform”, “Company”, “our” or “we”). Thank you for visiting our website.
These terms of service and any other rules included by reference herein, (collectively, the “Terms of Service”), form a binding agreement between Ringtonelly and each registered or unregistered user (each, a “User”, “you” or “your”) of the Ringtonelly website. By accessing and using the Platform and/or creating a registered User account on the Platform (an “Account”), you are presumed to have read, accepted, executed and be bound by these Terms of Service. The Terms comprise a legally binding agreement between you and us, and consequently, please take the time to read them carefully.
Company may, from time to time, release new versions of the Platform, or release/introduce new tools, services, functionalities, and/or features for the Platform, which will be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, services, functionalities, or features.
- Accepting the Terms
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorised representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You acknowledge and agree that we will regard your access or use of the Services as acceptance of the Terms from that moment onwards.
- Changes to the Terms
We revise these Terms from time to time, for instance when we enhance the functionality of our Services, when we consolidate numerous services run by us or our affiliates into a single combined service , or when there are regulatory changes. We will make commercially reasonable measures to generally notify all users of any major changes to these Terms, such as by a notice on our Platform, nevertheless, you should look at the Terms often to check for such changes. We shall also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the revised Terms signifies your acceptance of the new Terms. If you do not agree to the amended Terms, you must discontinue accessing or using the Services.
- User Account
In order to enjoy the full tools, services, functions and/or features of the Platform, each User will need to register for and create an Account. You agree to register just one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be requested to provide certain information such as their name, email address, phone number, birthdate, profile name, image, etc., and to create an Account login password (collectively, “Registration Data”) (collectively, “Registration Data”). You agree that all Registration Data you give to the Company will be and remain at all times true, accurate, current and full. Company may from time to time amend or add to the Registration Data information fields necessary to create an Account, and you undertake to immediately fill any such additional or updated information forms as and as requested by Company.
It is vital that you maintain your account password secure and that you do not divulge it to any other party. If you know or think that any third party knows your password or has accessed your account, you must immediately change your password and quickly tell us at : [email protected]
You accept that you are entirely accountable (to us and to others) for the activity that occurs under your account. When making an account, you must submit correct information about yourself and create just one account for exclusively personal use.
We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer wish to use our Services again and would like your account erased, we can take care of this for you. Please contact us at [email protected] and we will give you with more advice and walk you through the procedure. Once you opt to delete your account, you will not be able to reactivate your account or retrieve any of the material or information you have added.
- Access to and Use of our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
You may not access or use the services of our Platform if you are not fully able or legally competent to agree to these Terms.
You undertake not to carry out any action during the use or use of services of our Platform which is illegal, deceptive, discriminatory or fraudulent.
You agree not to make any unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the services or any content of our Platform included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; \sYou agree not to distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
You may not use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; \sYou may not incorporate the Services or any portion thereof into any other program or product. In such situation, we retain the right to reject service, terminate accounts or limit access to the Services in our absolute discretion;
You promise not to threaten or harass another, or promote sexually explicit content, violence or discrimination based on race, sex, religion, nationality, handicap, sexual orientation or age;
You undertake not to use or try to use another’s account, service or system without authorization from Ringtonelly or such another user, or establish a fake identity on the Platform;
You may not use the Services to upload, transmit, publish, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
We retain the right, at any time and without prior notice, to delete or disable access to material at our discretion for any reason. Some of the reasons we may remove or prohibit access to material may include finding the content offensive, in violation of these Terms or our Community Guidelines, or otherwise damaging to the Services or our users.
- Intellectual Property Rights
As a condition of your access to and use of the Services, you undertake not to use the Services to infringe on any intellectual property rights. We retain the right, with or without warning, at any time and in our sole discretion to ban access to and/or terminate the accounts of any user who violates or is believed to infringe any copyrights or other intellectual property rights. You may learn about our IPR Policy in detail here: IPR Policy
Further, all legal right, title, interest and intellectual property in the platform and the Services, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with Ringtonelly, and nothing in these terms gives you the right to use any of Ringtonelly’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent.
- User Content
If you feel that there has been illegal access to your account, password or your identity, please inform us as quickly as possible so that we can work together to mitigate the damage. To the extent that the Services connect with any other social media account or service you use, such as Facebook via Facebook Connect, you acknowledge and agree that the provision of such other account or service are not the responsibility of Ringtonelly.
You retain all right, title and interest in and to any User Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Platform; provided, that you hereby grant to Company and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sub-licensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit I such User Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) your name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by you in connection with such User Content, in any and all media now known or hereafter discovered, in connection with the Platform (including, without limitation, the operation thereof and the provision of the tools, products, services, functionalities and/or features offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Platform and any products and services related thereto, and to identify you as the source of your User Content (collectively, the “User Content License”) (collectively, the “User Content License”).
You also authorize any our other Users to access, display, view, save and reproduce such material for personal use, as permitted by the Service and under these Terms of Service.
For the avoidance of doubt, the User Content License granted to us hereunder covers our ability to sublicense to, and permit, other Users of the Platform to use your User Content in connection with all tools, services, functionalities and/or features made available in connection with the Platform from time to time, subject to these Terms of Service.
You hereby represent and warrant to the Company that: I all User Content uploaded by or on your behalf onto the Platform is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third party owner thereof as may be necessary to grant Company the User Content License in and to such User Content hereunder, and (ii) Company’s and/or any other User’s or sub-use licensee’s of the User Content as permitted hereunder does not, and will not, violate any applicable laws or the rights of any third party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
The Company does not sponsor, approve or guarantee the completeness, accuracy or reliability of any User Content or communications uploaded over the Platform or viewpoints expressed within. You acknowledge that by using the Services, you may be exposed to Content that could be offensive, dangerous, incorrect or otherwise inappropriate, or in certain situations, posts that have been mis-labeled or are otherwise misleading. Use of or reliance on any User Content or materials uploaded on the Platform or received by you through the Platform is at your own risk.
Rules for Musical Works and for Recording Artists: If you have assigned your rights to a music publisher, then you must get the approval of such music publisher to grant the royalty-free license(s) set out in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not guarantee you have the authority to give us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are entirely responsible for ensuring that your usage of the Services is in conformity with any contractual obligations you may have to your record label.
Waiver of Rights to User Content. By Posting User Content to or through the Service, you relinquish all rights to prior review or approval of any marketing or promotional materials linked to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar type in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and undertake never to assert any and all moral rights, or to support, maintain or authorize any action based on any moral rights that you may have in or with regard to any User Content you Post to or via the Service.
We also have the right to reveal your name to any third party who is alleging that any User Content submitted or uploaded by you to our Services represents a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to trim, crop, edit or refuse to publish your content at our or their exclusive discretion. We have the right to remove, deny, block or delete any posting you make on our Services if, in our judgment, your post does not comply with the content standards set out at “Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content I that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to Ringtonelly. As a result, we recommend that you store copies of any User Content that you publish to the Services on your personal device(s) in the event that you wish to guarantee that you have permanent access to copies of such User Content. We do not guarantee the truth, integrity, appropriateness or quality of any User Content, and under no circumstances will we be responsible in any manner for any User Content.
If you wish to complain about information and materials submitted by other users which you feel is objectionable / unlawful or in violation of your privacy rights, please read our Infringement / Takedown Policy here and how you may contact us: Takedown Policy.
Ringtonelly takes reasonable efforts to quickly remove from our Platform any infringing material that we become aware of. It is our policy, in appropriate circumstances and at our discretion, to disable or cancel the accounts of users of the Services who regularly infringe copyrights or intellectual property rights of others.
- Advertising / Sponsorships on Platform
The Platform may feature advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that anything submitted for placement on the Platform is accurate and conforms with relevant laws. Ringtonelly will not be liable for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ content or for the conduct or omissions of advertisers and sponsors.
You hereby agree to indemnify, defend and hold harmless, Ringtonelly and its parent companies, subsidiaries, and affiliates and their respective directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective director, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: I your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Service; (iii) any Registration Data or User Content posted by you onto the Platform; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right.
- Exclusion of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: \sYOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; \sYOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; \sANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND \sDEFECTS IN THE OPERATION AND FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT Ringtonelly IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD Ringtonelly, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD AND ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
WE SHALL NOT BE LIABLE TO YOU FOR: \sANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); \sANY LOSS OF GOODWILL; \sANY LOSS OF OPPORTUNITY; \sANY LOSS OF DATA SUFFERED BY YOU; OR \sANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
- Third Party Disputes \sTO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE Ringtonelly PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Age Limit
The Services are exclusively for those 13 years old and older (with further limitations that may be Jurisdiction-Specific) (with additional limits that may be Jurisdiction-Specific). You are not authorized to use the Services, register an Account, or supply Account Information if you are under 13 years of age. By using the Services, you confirm that you are over the relevant age specified herein. If we find that someone under the relevant age indicated above is using the Services, we will cancel that User’s account.
You may link to our home page, provided you do so in a way that is fair and legal and does not harm our reputation or take advantage of it. You must not construct a connection in such a way as to infer any type of relationship, approval or endorsement on our side when none exists. The website in which you are linked must conform in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We retain the right to remove linking authorization without notice.
- External Sites
The Service may contain connections to provide the opportunity to exchange information with third party websites (“External Sites”) (“External Sites”). Ringtonelly does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any issues with such content located on such External Sites. Ringtonelly is not responsible for the content of any External Sites and does not make any claims regarding the content or accuracy of any materials on such External Sites. You should take measures while downloading files from any websites to safeguard your computer and mobile devices from viruses and other damaging malware. If you elect to visit any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You acknowledge that Ringtonelly will have no liability to you arising from your use, engagement, exposure to or connection with any External Sites.
- Entire Agreement
These Terms and our other Policies represent the full legal agreement between you and Ringtonelly and govern your use of the Services and totally replace any earlier agreements between you and Ringtonelly in connection to the Services.
- Applicable Law and Jurisdiction
These Terms, its subject matter and their creation, are governed by the laws of India.
- Dispute Resolution
In the interest of resolving disputes between you and Ringtonelly, you agree that any dispute arising out of or in any way related to these Terms of Service or your use of the Ringtonelly Website will be resolved by binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996, regardless of whether a claim arises during or after the termination of these Terms of Service. The seat, or legal location, of arbitration shall be Mumbai. The language to be used in the arbitration proceedings shall be English.
You may end your legal agreement with Ringtonelly at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: I you have violated these Terms or Policies or Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such situations, the Terms shall terminate, including, without limitation, your right to use the Services.
If you feel your account was cancelled in error you can send an appeal with following details to us at [email protected]
Your name, address, user name on the Ringtonelly Platform, your email-id that was linked to your Ringtonelly account and telephone number.
A description of when the account was suspended or terminated and why you feel we have made an error in terminating your account.
A statement made under penalty of perjury stating you have a good faith belief that the account was withdrawn or suspended as a consequence of error or misidentification.
Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your appeal request to reinstate your User account.
Ringtonelly shall acknowledge the appeal within 72 hours and our team shall review the appeal request submitted by you. If the termination is found to be done due to an error or misidentification, Ringtonelly shall reinstate your account within 24 hours of completion of such review. However, the reinstating of your account shall be at the sole discretion of Ringtonelly.
- Jurisdiction Specific Terms \sIndia. If you are using our Services in India, the following extra terms apply. In the case of any contradiction between the following extra terms and the requirements of the main body of these Terms, the following terms shall prevail.
Accepting the Terms.
Access to and usage of our Services.
You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of uploading and/or streaming content) any User Content that: \sis obscene, pornographic, violent; \sis relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever; \sharms minors in any way; \scommunicates any information which is grossly offensive or menacing in nature; or \sthreatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting any other nation.
You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The foregoing waiver is provided by you in favour of Ringtonelly and all of its group businesses, affiliates and successors in title and interest, whether existent or in future.
In the event you are compelled to indemnify us according to these Terms or any decision or judgement of a court of law, you shall acquire all necessary clearances and consents from regulatory authorities for the payment of such sum to us.
If you have any questions, comments, or concerns regarding our Services or Terms of Service you may contact us at: [email protected]