----------------- www.tamilringtones.com4.ws Terms and Conditions ----------------------
1.0 General Terms and Conditions
1.1 tamilrintones.com4.ws (the “Service”) is an online wireless content service provided
by Kuttyjapan Web Services. These Terms and Conditions (the “Terms”) will apply to all
sales of the various items (“Products”) made to you the customer via this website.
1.2 Please review these terms and conditions carefully before you start using this
service. Use of the Service is conditioned on your acceptance without modification
of the terms, conditions, and notices. Your use of the Site indicates your agreement
to all such terms, conditions and notices. If you do not agree to the Terms, you may
not use the Service. Kuttyjapan Web Services, Inc. reserves the right to modify
this agreement at any time without notice. Modifications to this agreement will
be effective immediately as of the date that modification is posted on the Service.
You are responsible for regularly reviewing these terms and conditions for modifications.
Your continued use of the Service indicates your knowledge and acceptance of the
agreement and any subsequent modifications.
1.3 Contact Information:
Email Inquiries: tamilringtones@kuttyjapan.com
Telephone Inquiries: N/A
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2.0 Site Use
2.1 You must be at least 18 years of age to purchase Products from this Site.
2.2 This Site may contain and deliver ringtones, color wallpapers, phone games, and other
message or communication services. Kuttyjapan Web Services has no obligation to monitor
these services. Kuttyjapan Web Services reserves the right to review and remove
communication materials in its sole discretion.
2.3 You assume total responsibility and risk for your use of this Service. Kuttyjapan
Web Services does not make any warranties, express or implied, representations or
endorsements with regard to the Service, merchants, information, or products offered on
this Site.
2.4 As a condition of your use of the Site/Service, you will not use the Site/Service
for any purpose that is unlawful or prohibited by these terms and conditions. You may
not use the Site/Service in any manner that could damage, disable, overburden, or
impair the Site/Service, or network, connected to the Site/Service, or interfere
with any other party's use and enjoyment of the Site/Service. You may not attempt
to gain unauthorized access to the Site/Service, accounts, computer systems or
networks connected to the Site/Service, through any means. Kuttyjapan Web Services
reserves the right at all times to disclose any information as Kuttyjapan Web Services
deems necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole
or in part, in its sole discretion.
2.5 Unless otherwise specified, the Site/Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information, products or
services obtained from the Site.
2.6 The Kuttyjapan Web Services Site may contain links to third party Web sites
("Linked Sites"). The Linked Sites are not under the control of Kuttyjapan Web Services
and Kuttyjapan Web Services is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Kuttyjapan Web Services is not responsible for web casting or
any other form of transmission received from any Linked Site nor is Kuttyjapan Web
Services responsible if the Linked Site is not working appropriately. Kuttyjapan Web
Services is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Kuttyjapan Web Services of the site or any
association with its operators. You are responsible for viewing and abiding by the
privacy statements and terms of use posted at the Linked Sites. Any dealings with
third parties (including advertisers) included within the Kuttyjapan Web Services
Site or participation in promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the advertiser
or other third party. Kuttyjapan Web Services shall not be responsible or liable for
any part of any such dealings or promotions.
2.7 Kuttyjapan Web Services hereby grants to you, the purchaser, a revocable personal,
non-transferable license to use the purchased ringtone or graphic logo in accordance
with these Terms, and for no other purpose provided that you keep intact all copyright
and other proprietary notices. Any reproduction or redistribution of the Product(s)
is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
2.8 Kuttyjapan Web Services reserves the right to terminate your access to the Site/Service
at any time, without notice.
3.0 Price, Delivery, and Returns
3.1 The price of any Product purchased through the Site will be the price specified in the
Site at the time of your purchase. Payment may be made via such methods as are supported
on the website, including various credit or debit cards (“Card”). Upon presentation of
the “Card” the purchaser warrants that he/she is the cardholder or has the permission of
the cardholder to use the cards and that the billing information provided is accurate.
Kuttyjapan Web Services will not issue refunds based upon inaccuracies represented by
the purchaser. By approving the purchase of the product, you authorize Kuttyjapan Web
Services to charge the Card for the purchase.
3.2 Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made
directly to your cellular phone. The details of the delivery process will be
provided to you at the time of purchase. Delivery is conditional. In order for proper
delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to
receive text messages (Please note that not all mobile phones allow the storage of new
ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a
compatible network, a full list of which is available on the order form. Provided that the
cellular phone and cellular phone provider’s network will accept the Product(s), delivery of
the Product will occur within 24 hours of completion of the order. Typically, delivery of the
Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products
a total of three times to the same cellular phone. If the Product(s) has not been
successfully delivered, please notify us within 7 days. If you do not notify us within this
period, we will presume that the Product(s) has been received. If the Product(s) cannot be
delivered and the Purchaser has completed a successful download and playing of the free test
ringtone prior to purchase, Kuttyjapan Web Services will refund the payment, provided that
the Product’s non-delivery to the cellular phone is not the result of the Purchaser’s error.
If the Purchaser’s error caused the non-delivery, payment will not be refunded.
4.0 Liability
4.1 The information, Products and Services included in or available through the Kuttyjapan
Web Services Site may include inaccuracies or typographical errors. Changes are periodically
made to the Kuttyjapan Web Services site and to the information therein. Kuttyjapan Web
Services and/or its authorized agents may make improvements and/or changes in the Kuttyjapan
Web Services Site at any time. Kuttyjapan Web Services and its authorized agents make no
representations about the suitability, reliability, availability, timeliness, lack of viruses
or other harmful components and accuracy of the information, products, services and related
graphics contained within the Kuttyjapan Web Services site for any purpose. All such
information, products, services and related graphics are provided "as is" without warranty of
any kind. Kuttyjapan Web Services and its authorized agents hereby disclaim all warranties
and conditions with regard to this information, software, products, services and related
graphics, including all implied warranties and conditions of merchantability, fitness for a
particular purpose, workmanlike effort, title and non-infringement. You specifically agree
that Kuttyjapan Web Services shall not be responsible for unauthorized access to or
alteration of your transmissions of data and for any material or data sent or received or not
sent or received. You specifically agree that Kuttyjapan Web Services is not responsible or
liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of
any other party or any infringement of another's rights, including intellectual property
rights.
4.2 Damages: In no event shall Kuttyjapan Web Services or its authorized agents be liable for
any direct, indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the Kuttyjapan Web Services
Site/Service, with the delay or inability to use the Kuttyjapan Web Services Site/Service or
related services, the provision of or failure to provide services, or for any information,
products, services and related graphics obtained through the Kuttyjapan Web Services
Site/Service, or otherwise arising out of the use of the Kuttyjapan Web Services
Site/Service, whether based on contract, tort, negligence, strict liability or otherwise,
even if Kuttyjapan Web Services or any of its authorized agents have been advised of the
possibility of damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above limitation may not
apply to you. If you are dissatisfied with any portion of the Kuttyjapan Web Services Site,
or with any of these terms of use, your sole and exclusive remedy is to discontinue using the
Kuttyjapan Web Services Site.
5.0 Miscellaneous
5.1 This agreement is governed by the laws of the State of Arizona, U.S.A. You hereby
irrevocably consent to the exclusive jurisdiction and venue of courts in MaricopaCounty,
Arizona, U.S.A. in all disputes arising out of or relating to the use of the Kuttyjapan Web
Services Site. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Kuttyjapan Web Services as a result of this agreement or
use of the Kuttyjapan Web Services Site. You agree to indemnify and hold Kuttyjapan Web
Services, its parents, subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party
due to or arising out of your use of or conduct on the Kuttyjapan Web Services Site.
Kuttyjapan Web Services reserves the right to disclose any personal information about you or
your use of the Kuttyjapan Web Services Site, including its contents, without your prior
permission if Kuttyjapan Web Services has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal process; (2) protect and defend
the rights or property of Kuttyjapan Web Services or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests of its members or others. Kuttyjapan
Web Services's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Kuttyjapan Web Services's right
to comply with governmental, court and law enforcement requests or requirements relating to
your use of the Kuttyjapan Web Services Site or information provided to or gathered by
Kuttyjapan Web Services with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Kuttyjapan Web Services with respect to the Kuttyjapan Web
Services Site (mobile1phonegames.com) and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Kuttyjapan Web Services with respect to the Kuttyjapan Web Services Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally generated
and maintained in printed form.
SUBJECT TO CHANGE WITHOUT NOTICE
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