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TickTockTones - Terms & Conditions
Welcome to the TickTockTones website (the "Site"). TickTockTones is an Internet property of Azoogle.com, Inc. ("Azoogle," "we" or "us"). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Site. This Agreement, together with the Site Privacy Policy, constitute the entire and only agreement between you and Azoogle with respect to your use of the Site, and supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age and/or not a citizen of the United States, you do not have permission to use and/or access the Site.
3. Description of Azoogle Service. By submitting your mobile telephone number and other registration information on the Site, you agree to be redirected to our affiliated third party mobile product and service provider ("Mobile Service Provider Affiliates") websites. After entering your mobile telephone number and associated registration information on the Site, you will be directed to a web page operated by an Azoogle Mobile Service Provider Affiliate. Azoogle, in its sole discretion, shall choose the applicable Mobile Service Provider Affiliate website that you will be directed to. Users that submit their mobile telephone number to the Site, may be eligible to receive special downloadable ringtone promotional offers from the Mobile Service Provider Affiliates. To view the Terms and Conditions associated with the applicable Mobile Service Provider Affiliate, please click on the terms and conditions on the next page. The Mobile Service Provider Affiliate Terms and Conditions are subject to change in the sole discretion of the applicable Mobile Service Provider Affiliate. The information that you must supply to the Mobile Service Provider Affiliate shall be determined by the applicable Mobile Service Provider Affiliate. As a result of your registration on the Site, you agree and acknowledge that Azoogle may use your mobile telephone number and other registration information in accordance with the Azoogle Privacy Policy. Please be advised that Azoogle does not itself provide mobile telephone services, and the ultimate terms and conditions of any product or service provided by one of its Mobile Service Provider Affiliates will be determined by that entity. Unless explicitly stated otherwise, any future services made available to you on the Site that augments or otherwise enhances the current features of the Site shall be subject to this Agreement. You understand and agree that Azoogle is not responsible or liable in any manner whatsoever for your inability to use Azoogle Mobile Service Provider sponsored products and/or services or any associated functionality. You understand and agree that Azoogle shall not be liable to you or any third party for any modification, suspension or discontinuation of Azoogle services and/or those of a Mobile Service Provider Affiliate.
4. Registration.To obtain Azoogle Mobile Service Provider Affiliate services through the Site, you must first submit your mobile telephone number and associated registration information to Azoogle. Azoogle reserves the right, in its sole discretion, to deny access to any Azoogle Mobile Service Provider Affiliate site, product and/or service including, but not limited to, mobile telephone services, to anyone and for any reason, whatsoever. You must supply your mobile telephone number on the Site in order to obtain access to the Azoogle Mobile Service Provider Affiliate products and/or services. You agree and acknowledge that your mobile telephone number is true, accurate, current and complete and to update your mobile telephone number as necessary to maintain it in an up to date and accurate fashion. Azoogle will verify and approve all registrants in accordance with its standard verification procedures.
5. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. Azoogle may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Azoogle reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Azoogle infrastructure.Your right to use the Site is not transferable.
6. Proprietary Rights.The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by Azoogle does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Indemnification. You agree to indemnify and hold Azoogle, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any rights of another individual and/or entity; and/or (d) your use of any products and/or services provided from an Azoogle Mobile Service Provider Affiliate. The provisions of this paragraph are for the benefit of Azoogle, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. Disclaimer of Warranties. THE SITE AND ANY MOBILE TELEPHONE PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR MOBILE SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AZOOGLE MAKES NO WARRANTY THAT: (A) THE SITE AND/OR MOBILE TELEPHONE PRODUCTS AND/OR SERVICES PROVIDED BY OUR MOBILE SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR MOBILE TELEPHONE PRODUCTS AND/OR SERVICES PROVIDED BY OUR MOBILE SERVICE PROVIDER AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZOOGLE, ONE OF ITS MOBILE SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZOOGLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AZOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN AZOOGLE MOBILE SERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE MOBILE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A MOBILE SERVICE PROVIDER AFFILIATE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE AZOOGLE SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE AZOOGLE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF AZOOGLE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR AZOOGLE MOBILE SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE AZOOGLE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AZOOGLE. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. Mobile Service Provider Affiliate Websites. The Site provides links to Mobile Service Provider Affiliate and other third party Internet websites and/or resources. Because Azoogle has no control over such websites and/or resources, you hereby acknowledge and agree that Azoogle is not responsible for the availability of such websites and/or resources. Furthermore, Azoogle does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such Mobile Service Provider Affiliate and/or other third party websites or resources, or for any damages and/or losses arising therefrom.
12. Legal Warning.Any attempt by any individual, whether or not an Azoogle customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil law and Azoogle will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible at law and in equity.
13. Miscellaneous.This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Azoogle and governs your use of the Site and/or any Azoogle service, superseding any and all prior and/or contemporaneous agreements between you and Azoogle. To the extent that anything in or associated with the Site and/or any Azoogle service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. Customer Service. If you have any questions, please contact us at pp_email@azoogleads.com.
AUTHORIZATION
BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE AZOOGLE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.