1. Downloading And Preview
   The Xringer website provides ringtones and wireless content for you to preview via streaming technology as well as download for personal use. Search our website by genre or by particular title, listen, decide what you want and then follow the instructions for downloading on the screen of your phone. Be advised that all such previews and/or uses must be for personal, non-commercial use and must comply with all U.S copyright and trademark laws. In order to properly preview and/or download content, you may need to install certain third-party software. You are responsible for any such hardware, systems and/or software program(s) you use and any associated fees and expenses to preview or download the content or any other materials accessible through Xringer.
   
   Xringer has permission from the applicable owners of the music available on the Xringer website to allow you to stream the song to you. You agree that the content owners that license their musical and other content to Xringer for streaming are intended third-party beneficiaries under this Terms of Service with the right to enforce the provisions of this Terms of Service that directly concern their content.
   
   Without limiting anything to the contrary contained herein, Xringer makes no warranty that any particular software program will be compatible. It is your sole responsibility to ensure that your playback system(s) will function correctly.
   
   
2. Privacy
   Xringer respects your privacy and security issues. Our Privacy Policy is linked to our page so that a complete description of all of your privacy rights is accessible and convenient.
   
   
3. Trademark and Copyright
   This website is owned and operated by Xringer, Inc. (“Xringer”). Please see the contact page should you need additional information.
   
   All materials and content visible on the Xringer website is the property of Xringer Inc. and/or its affiliates, associates, licensees or licensors (as applicable) and are protected under US and international laws and regulations. You hereby agree not to duplicate, replicate, copy, sell or exploit, any portion of the material and/or content on this website or its related applications or services.
   
   Xringer, Xringer.com and all the logos and designs associated with them are trademarks or servicemarks of Xringer(“Xringer Marks”). You agree not to display or use in any manner the Xringer Marks without Xringer’s prior written permission.
   
   Xringer reserves the right to pursue any and all legal and equitable remedies against you if Xringer is informed that you have allegedly engaged in infringing behavior, if Xringer reasonably suspects that you are violating Xringer’s, its affiliates’, associates’, licensees’ or licensors’ intellectual property rights or if you have otherwise violated these Terms Of Service. Such remedies shall include, without limitation, canceling all orders on Xringer (or accounts as applicable) and any of Xringer’s affiliate, associate, licensee, or licensor websites.
   
   
4. Limitation Of Liability/Disclaimer
   You agree that Xringer, its affiliates, associates, licensors, licensees, shareholders, directors, officers, and/or employees will not be liable for any harm (whether direct, indirect, incidental, special, consequential or exemplary damages) including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Xringer has been advised of the possibility of such damages), resulting from: the use or the inability to use the website; any cost of getting substitute goods and services resulting from any products, data, information or services obtained or messages received or transactions entered into through or from Xringer; unauthorized access to or alteration of your transmissions or data; statements or conduct from anyone on the website; or any other matter relating to Xringer.
   
   The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof. Moreover, in the event that any portion of this Terms of Service is found to be unenforceable, void or voidable as a matter of law, then Xringer’s liability will be limited to the fullest possible extent permitted by said applicable law. You agree that Xringer’s maximum liability with respect to products ordered on the website will be no more than the price of the individual product affected.
   
   Xringer does not make any representations or warranties whatsoever with respect to the Xringer website or its contents, including but not limited to any warranty of merchantability or fitness.
   
   Xringer is not responsible for the privacy policies or for the terms of service for the website that linked you to our website. Xringer’s word to the wise is to check out the terms of use and privacy policy of all the websites you visit.
   
   
5. Indemnification
   You agree to indemnify, defend and hold harmless, Xringer, its affiliates, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers to the website from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Terms of Service by you. Xringer reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Xringer in asserting any available defenses.
   
   
6. Miscellaneous
   This agreement contains the entire understanding of the parties relating to its subject matter. This Terms of Service, and all matters or issues in connection with it, will be governed by, construed and enforced in accordance with the laws of the State of New York (without regard to any principles of conflict of laws), and jurisdiction for any legal proceeding shall be in New York County. The headings of the sections herein are intended for convenience only, and shall not be of any effect in construing the contents of this agreement
   
   If you don’t understand the Terms of Service or have any kind of question, comment or suggestion, please email: Xringer Support.
   
   
   Xringer TERMS AND CONDITIONS OF WEB SITE USE Version 1.2 as of January 1, 2005