Agreements (License Agreement | Copyright Agreement | Privacy Statement | Content Data Retention Policy | Content Removal Policy)
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR INSTALLING THIS SOFTWARE (THE "SOFTWARE"). USE OF THE SOFTWARE IS LICENSED BY RAJAN SINGH MOBILE COMPUTING LLC TO ITS CUSTOMERS FOR THEIR USE EXCLUSIVELY AS MORE PARTICULARLY SET FORTH IN THIS AGREEMENT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THISAGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
GRANT OF LICENSE: RAJAN SINGH MOBILE COMPUTING LLC (the "Licensor") grants to you solely during the Term hereof (defined below), this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use a single copy of the Licensed Works, as defined below, on a single computer for use by a single concurrent user only in connection with a single telephone device as identified during your registration of this software, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights, as defined below, of Licensor.
DEFINITION: For purposes of this Agreement, the terms "you", "your," "yourself," or "user" are synonymous, and refer to someone who purchases a license to use a single copy of the Licensed Works from Licensor or a Licensor authorized reseller.
ASSENT: By installing the Software, you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates own certain rights (that may exist from time to time in this or any other jurisdiction, whether foreign or domestic) under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, (regardless of whether or not such rights or protections are registered or perfected and regardless of whether such rights accrue to Licensor directly or by an express or implied license) (the "Intellectual Property Rights") in the Software together with any related documentation (including design, systems and user) and in other materials for use in connection with the Software all as contained in the application when and as installed from the Software provided to you by Licensor (collectively, the "Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR AND THE LICENSE HEREUNDER SHALL IN NO WAY DIMINISH LICENSORíS RIGHT, TITLE AND INTEREST THEREIN . All rights not expressly licensed to you in this License Agreement are expressly reserved by Licensor.
NO COPYRIGHT INFRINGEMENT: This License Agreement grants you the right to use the Licensed Works only for uses that are not in the jurisdiction where you are using the Software infringements of the rights of copyright owners concerning the copying, distribution, modification, public display and public performance of their copyrighted works. As a condition for your use of the Licensed Works, you must agree that you will not use the Licensed Works to infringe the copyrights or other intellectual property rights of others in any way.
NO COMMERCIAL USE: This License Agreement grants you the right to use the Licensed Works for personal use only. Commercial use of the Licensed Works or of the work products resulting from their use is not permitted under this License Agreement.
(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Licensed Works or any portion thereof.
(b) You may make a single copy of the Software provided to you only as required for backup purposes.
(c) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Licensed Works as the Licensed Works contain proprietary material of Licensor and/or other third-party licensors. You may not otherwise modify, alter, adapt, or merge the Licensed Works.
(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark, logo or copyright notices.
(e) You agree that the Licensed Works will not be shipped, sent, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations.
(f) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation and help files.
(g) You may not use the Licensed Works to violate the rights of others.
(h) You may use the Licensed Works with only one phone number assigned to a phone you either own or personally control and you will not attempt to defeat this limitation.
TERM: This Agreement is effective upon installation of the Software and shall remain in effect for the shorter of one year or the earlier termination thereof as provided herein. You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials.
GOVERNING LAW: This License Agreement shall be governed by the laws of California, and any disputes arising in respect of it shall be determined in the exclusive jurisdiction of San Jose, California.
LICENSOR'S WARRANTIES AND DISCLAIMER:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE GENRALITY OF THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF GIBRALTAR LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF INSTALLING THE FILES CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OR ITS SUPPLIERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OF ANY MACHINE, COMPUTER OR TELEPHONIC DEVICE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS OF DAMAGES OR LIABILITY AND THE DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LICENSOR AND YOU. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE LICENSED WORKS ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS AND THAT LICENSOR HAS SET ITS PRICES FOR THE LICENSE TO THE LICENSED WORKS IN RELIANCE UPON SUCH LIMITATIONS OF DAMAGES AND LIABILITY AND DISCLAIMERS OF WARRANTIES.
YOUR WARRANTIES: You expressly agree and represent that, as to your use of the Licensed Works with respect to other works such as audio and video files, such other works and your use of them will not infringe upon the rights of any third party under copyright or any other applicable intellectual property laws such as trademark, patent or publicity and privacy laws. You will defend and indemnify the Licensor against any claims arising out of any breach of your warranty and representation and in connection therewith the Licensor shall be entitled to retain counsel of its own choice at your expense.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Licensor and supersedes all prior agreements, whether written or oral, with respect to the Licensed Works, and may be amended only in a writing signed by both parties.
NO COPYRIGHT INFRINGEMENT: Rajan Singh Mobile Computing LLC (the "Licensor") respects and is fully committed to protecting the rights of copyright owners. Licensor expects you to take special care to avoid violating copyright laws and regulations.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright owners' exclusive rights. As a condition to use the Licensed Works, you must agree that you will not use the Licensed Works to impinge or infringe the intellectual property rights of others in any way.
For your reference, valid content that can be used within ToneThis can be found at Creative Commons Search Engines such as the Creative Commons or at the Internet Archive.
ToneThis will not share, sell or provide your information to any third parties. ToneThis will only collect data necessary to use ToneThis including email, carrier, phone number and phone type information. ToneThis will collect usage data of the application as required to improve the ToneThis user experience. Upon purchasing ToneThis, ToneThis will collect purchaser information such as first name, last name, credit card - this information like registration information will not be shared and will be maintained securely. Access to ToneThis user information is limited to the employees of ToneThis who require access to handle customer service and billing needs. ToneThis may present anonymous usage data online such as the ToneBoard for improving the ToneThis experience.
Content Data Retention Policy
ToneThis stores mobile-encoded content and required data on the ToneThis servers for the purposes of delivering the content to your phone or sharing the content to a friend. The content and it's associated data is automatically deleted off the ToneThis servers, 24 hours after it is sent or shared by the user regardless of whether the content has been redeemed by the user or recipient. This process is automated and applies to all content created with ToneThis.
Content Removal Policy
ToneThis does not control nor records the content sent to the phone - see Data Retention Policy. Users must agree to the Copyright Agreement. Users are responsible for all the content they create and send to their phone. Per the DMCA, if you believe that any of the content created and sent by a user is infringing your rights, you may notify Rajan Singh Mobile Computing LLC by writing to our Designated Agent:
ATTN: Copyright Agent
Rajan Singh Mobile Computing LLC
1260 Lansing Ave
San Jose, CA 95118 USA
As a service provider, Rajan Singh Mobile Computing LLC complies with the Digital Millennium Copyright Act. When mailing your written complaint, please include your name, title, organization, address, city, state, zipcode, country, telephone, email, the name or link to the piece of infringing content and an explanation for the request including appropriate copyright information.
Under appropriate circumstances, Rajan Singh Mobile Computing LLC may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.