Terms & Conditions

Last updated: January 31, 2018

Overview

This website is operated by Ringtone Radio and owned by iPlayTones, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ringtone Radio. Ringtone Radio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, publishers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Ringtone Store and Service Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or downloadable ringtones for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse, suspend, and/or terminate service to anyone, for any reason, at any time.

You understand that your content (not including credit card information), such as downloadable audio files on RingtoneRadio.com, is protected from theft. The download link a customer receives goes to a special URL that is unique for each customer purchase and determines if the file is allowed to be accessed at all. Content may be transferred unencrypted, such as during the ringtone submission upload process and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, such as completing your purchase(s) through PayPal’s network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any Digital Audio Ringtone, images and graphics, or any other content on our website or delivered to you through email or download links, including use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

All downloadable ringtone, alarm, text tone, and alert audio files are for non-commercial use on your iPhone, iPad, and/or Android device(s) and must be used as a ringtone, alarm, text tone, and/or alert sound only. All other downloadable audio, such as downloadable “Ringtone Radio” podcast audio files are for non-commercial use and can not be edited and/or used as a ringtone, alarm, text tone, or alert.

Unauthorized copying, reproduction, hiring, lending, public performance and broadcasting is strictly prohibited. All trademarks, service marks, graphics, artwork, music, ringtones, alarms and alerts are the properties of their respective owners. Ringtone Radio and iPlayTones, LLC does not endorse and is not affiliated with any artists, publishers, record labels, companies or resellers listed on the ringtoneradio.com website, unless otherwise noted.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only, except for a customers purchase history, a Publisher commissions, earnings, and sales, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Terms and Prices

Prices for downloadable ringtones, subscriptions, other products, and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. If the Service becomes discontinued, all remaining unpaid Publisher earnings and commission payouts will be paid to bring all Publisher accounts to a zero dollar ($0.00), unpaid earnings, balance.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products and Services Pricing

Certain products or services may be available exclusively, for a limited time, and/or have discount or promotional codes online through the website and/or in our apps. These products or services may have limited quantities and/or time restrictions and are subject to our no refund policy, except for certain situations, as stated in our No Refund Policy section below.

We have made every effort to display and present as accurately as possible the text, colors, and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any text or color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to offer discount and/or promotional codes, which may decrease a Publisher’s commission earnings amount for a transaction that included a discount or promotional code at checkout.

All descriptions of products, product pricing, subscription pricing, discount and/or promotional offers are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your account email address and PayPal email address, so that we can complete your Publisher earnings payouts and contact you as needed.

For more detail, please review our No Refund Policy section below.

No Refund Policy

Your satisfaction with each downloadable ringtone is very important to us and we proudly stand behind our service. We do our very best to support both our Buyer’s and Publisher’s. However, because our ringtones are digital goods delivered via Internet, email, and in our apps, and then downloaded, you have taken ownership of the digital item, so we offer NO REFUNDS or EXCHANGES, as it can not be returned. Sometimes there are situations outside of our control and a customer refund is necessary, such as a fraudulent transaction.

We take no responsibility and offer no refunds or exchanges if you purchase a ringtone and then ask for a refund because you don’t like it, change your mind, or any other reason that is not outside your control. Once the ringtone file has been purchased, all sales are final.

A refunded purchase will result in a Publishers commission earned being revoked (canceled/refunded), which will result in the restriction and securing of the ringtone content from being re-downloaded again by the customer. Revoked (canceled/refunded) commissions are not payable to Publishers and will be displayed in the Publisher Dashboard, under Revoked Earnings and Revoked Sales, on the Earnings page and Sales & Stats page.

Subscriptions can be canceled at any time. Please note, that you must cancel your Subscription before it renews, at least 24 hours prior to renewal, in order to avoid being charged for the next weekly, monthly, or yearly Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current weekly, monthly, or yearly Subscription period.

Refunds will not be provided for any Subscription. We do not provide refunds, credit, points, exchanges, or prorated billing for Subscriptions that are cancelled prior to the renewal date. In most circumstances, you will continue to have access to your Subscription until the end of the weekly, monthly, or yearly billing cycle, based on your Subscription. Please note, that each circumstance is unique and the election to make such an offer in one instance does not obligate us to do so in another.

Ringtone Submissions

You agree that the audio and artwork content submitted is copyrighted and owned by you and/or you have obtained all the necessary and applicable rights to distribute and sell your ringtone audio for users to purchase and download for their own non-commercial and personal use on an iPhone, iPad and/or Android device. You agree that all trademarks, service marks, graphics, artwork, music, ringtones, alarms and alerts are the properties of their respective owners.

Any uploaded content that we deem to be inappropriate, contain or suggest hate, nudity, or any other content we deem to violate it’s terms and conditions, will be revoked and deleted. Continued misuse or any other violation and/or harm to Ringtone Radio and/or iPlayTones, LLC through your submissions, may result in your Publisher account being suspended.

IMPORTANT: If you do not upload an m4r and mp3 file with your submission, such as only submitting two mp3 audio files, your submission will be revoked, deleted and you will need to resubmit your ringtone again. If you copy and paste a URL to a ringtone file on another website, your submission will be revoked, deleted and you will need to resubmit your ringtone again. You must upload an m4r and mp3 file from your computer.

We may, but have no obligation to, monitor, review, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your ringtone submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your ringtone submission will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any ringtone submission. You are solely responsible for any ringtone submission you submit and its accuracy. We take no responsibility and assume no liability for any ringtone submission submitted by you or any third-party.

Publishers who upload and submit ringtones, please review our Ringtone Radio Podcasts section below.

Feature My Ringtones and Artists

Publishers can pay to feature their own ringtone(s) and artist(s) on the RingtoneRadio.com website and in our “Ringtone Radio” iPhone, iPad and Apple TV apps.

Login and go to your Publisher Dashboard to feature your own ringtone(s) and artist(s) today!

“Ringtone Radio” Podcasts

The “Ringtone Radio” podcasts will soon be heard on RingtoneRadio.com on our Podcasts page, iTunes, Apple’s “Podcasts” app (iPhone/iPad), and on several other networks/platforms, such as in our apps (to be announced/released soon).

Publishers who upload and submit ringtone audio files are giving permission and authorization to Ringtone Radio and iPlayTones, LLC to promote and distribute their approved and live ringtone(s) in our “Ringtone Radio” podcasts, for non-commercial use, anytime, all royalty free, and with no compensation to you, for the use of your ringtone(s) in our podcast episodes.

To opt out and not have your ringtones promoted or featured in our Ringtone Radio podcasts, do not upload/submit any ringtones.

The purpose of each podcast episode is to promote new, hot, top selling, and featured ringtones from different Publishers and offer promotional or discount codes, created exclusively for our podcast listeners. This can all potentially help Publishers gain more exposure and earn more sales, which increases their earnings. All ringtones used and heard in our Ringtone Radio podcasts will remain in the podcast episode(s) for the lifetime and existence of our podcasts and any podcasts that listeners download for free, regardless of whether you remove or delete your ringtone(s) from sale or delete your entire Publisher account.

All “Ringtone Radio” podcasts, streamed or downloaded, via our website, in our apps, iTunes®, or anywhere our podcasts are available, are for non-commercial use and can not be edited and/or used as a ringtone!

If we promote your ringtone(s) in our Podcasts, you will receive credit in the podcast episode title. Ringtone Radio and iPlayTones, LLC reserve the right to select which ringtone(s) to promote for free on the Ringtone Radio podcasts. Only a select handful of ringtones will be chosen to be promoted in each podcast episode.*

*Be advised, that listeners can subscribe and download the Ringtone Radio podcasts for free and listen to them at anytime, on computers, phones, tablets, and many other audio devices. To help protect your ringtone audio in the Ringtone Radio podcasts, an audio watermark will heard over the ringtone sound. Ringtones may be heard in small snippets, such as a few seconds and/or up to the full length of 30 seconds maximum.

Commissions, Earnings and Payouts

Publishers receive a 50% Commission rate for each ringtone sale. Commission rates remain the same for all ringtone sales associated with your Publisher account. Commission rates do not change when a discount or promotional code is used for the purchase of your ringtone(s). However, the total purchase price of the ringtone may decrease due to a customer applying a discount or promotional code at the time of purchase, which would slightly decrease the total commission earned for the ringtone purchase.

Example 1: Your ringtone costs $0.99 USD and you have a 50% commission rate. A customer buys one ringtone with no discount or promotional code. Your commission rate remains 50% and you would receive an approximate commission of $0.50 USD for this ringtone sale.

Example 2: Your ringtone costs $0.99 USD and you have a 50% commission rate. A customer buys one ringtone with a discount or promotional code (10% off 1 ringtone). Your commission rate remains 50%, but you would receive an approximate commission of $0.45 USD for this ringtone sale, due to the 10% discount or promotional code used at the time of purchase.

Commissions are paid out on the 15th of every month. At this time, there is no minimum payout amount. There are no PayPal fees for receiving your payouts with a United States PayPal account. International PayPal accounts (outside of the United States) may receive a PayPal fee with their payout, per PayPal’s policy.

All commissions generated from completed purchases that are 60 days or older and have not been revoked, refunded, canceled and/or charged back to the customer, will receive an earnings payout (on the next available payout date).

Example 1: If your ringtone generated a completed purchase on May 4th, then your unpaid earnings would be paid on July 15th.

Example 2: If your ringtone generated a completed purchase on May 15th, then your unpaid earnings would be paid on July 15th.

Example 3: If your ringtone generated a completed purchase on May 25th, then your unpaid earnings would be paid on August 15th.

We must wait a minimum of 60 days before processing any unpaid earnings to avoid any fraudulent and/or disputed transactions from customers and/or issued from PayPal. As stated in our No Refund Policy section above, sometimes there are situations outside of our control and a customer refund is necessary. This results in your earnings for that sale to be revoked (canceled/refunded) and removed from your unpaid earnings. For more information, please refer to the No Refund Policy section above.

Audio, Visual and Text Content Withdrawal

We may discontinue selling and delete any ringtones and their contents, such as images and text, at any time, in our sole discretion, and for any reason. Upon written notice to us, or upon your knowledge, that any audio, visual, or text content may be subject to a claim of infringement of a third party’s right, we will remove the ringtone(s) and its contents from sale as we investigate the legitimacy of the infringement claim.

After our investigation has been completed and all legal documentation has been provided to us to confirm the ringtone(s) legality, we may place the ringtone back on our website, live, and for sale, or if we find the ringtone(s) have infringed a third party’s right, we will discontinue selling and delete the ringtone(s) and its contents permanently from our servers and databases. We may require you to immediately, and at your own expense: cease using the ringtone and delete or destroy the ringtone audio file.

Optional Tools

We may provide you with access to third-party tools, over which we neither monitor, nor have any control, nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Comments, Ideas and Suggestions

If, at our request or without a request from us, you send certain specific information (for example, contacting our support team) you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, discounts, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any other purpose, such as using a downloaded ringtone file for commercial use or anything other than using a downloaded ringtone file as a ringtone on an iPhone, iPad, or Android device;
(b) for any unlawful purpose;
(c) to solicit others to perform or participate in any unlawful acts;
(d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(g) to submit false or misleading information;
(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service temporarily for scheduled or non-scheduled maintenance, or for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ringtone Radio, iPlayTones, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, lost earnings, lost commissions, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Ringtone Radio and iPlayTones, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. After notifying us that you wish to terminate your account, you are forfeiting all remaining unpaid earnings and will not receive a payout for any unpaid earnings. Upon receiving your request to terminate your account, we will remove all your ringtones from sale and delete your account, which will remove and delete all your audio, images and text content from our servers and databases. Account termination is undoable and can not be reversed.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to all or some of our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Products and/or Services shall be governed by and construed in accordance with the laws of Nevada, in the United States of America.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and in our apps. It is your responsibility to check our website or in our apps periodically for changes. Your continued use of or access to our website, apps, or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms and Conditions, please contact us.