Terms & Conditions
Goofytones.com + Goofyface.com (“Our Web Sites”)
Goofyface.com ("we," "us") owns and operates
the goofytones.com web site (our "Site"), on which we
provide a fun way for you to download ring tones, wallpapers and
other services (our Site and such services, collectively, our “Service”).
We offer an opportunity to view and exchange images and video for
your entertainment. Use of our Service is subject to the following
Terms and Conditions of Use ("Terms"). WE RESERVE THE
RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED
USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR
SUCH CHANGES.
These Terms constitute a legal "Agreement"; please read
them carefully. Our Service is intended for persons of all ages.
If you are a minor we encourage you to seek permission from your
guardian. We will not knowingly permit Minors to use our Service
without guardian consent. By completing the registration process
on our website located at www.goofytones.com or any successor website
thereto ("Website") OR by downloading mobile content to
a mobile device (each a "Download"), you (1) represent
that you are at least 13 years of age and have the consent of the
subscriber of a participating mobile communications carrier to sign-up
for and use our service on behalf of the subscriber; and (2) agree
on behalf of the subscriber and yourself to be bound by the terms
and conditions of this Agreement.
In this Agreement, "you" and "your" refer to
each customer (including the subscriber of a participating mobile
communications carrier on whose behalf you are entering into this
Agreement) and his or her agents, and "we", "us"
and "our" refer collectively to Goofyface.com, doing business
as Goofytones.com ("Company" or "Goofytones!").
This Agreement explains our obligations to you, and your obligations
to us in relation to our Service.
Please read these Terms carefully before using any of the web sites
operated by goofyface.com (“goofytones.com,” “Our
Web Sites,” “Site”). By accessing or using Site,
you agree to be legally bound by these Terms. If you do not wish
to be bound by these Terms, please do not use the Site.
1. USER CONDUCT
A. In your use of our Service, you agree to act responsibly in a
manner demonstrating the exercise of good judgment. For example
and without limitation, you agree not to: (a) violate any applicable
law or regulation, (b) infringe the rights of any third party, including
without limitation, intellectual property, privacy, publicity or
contractual rights, (c) use the information available through our
Service for any unauthorized purpose, (d) interfere with or damage
our Service, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology, (e) use
our Service to transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others, personal contact information or credit, debit,
calling card or account numbers, (f) use our Service in connection
with the distribution of unsolicited commercial email ("Spam")
or advertisements, (g) "stalk" or harass any other user
of our Service, (h) collect or store any information about any other
user other than in the course of the permitted use of our Service,
(i) use our Service for any commercial purpose whatsoever or (j)
assist any third party in doing any of the foregoing.
B. You are solely responsible for your interactions with other users
of our Service. We will not be responsible for any damage or harm
resulting from your interactions with other users of our Service.
We reserve the right, but have no obligation, to monitor interactions
between you and other users of our Service and take any other action
in good faith to restrict access to or the availability of any material
that we or another user of our Service may consider to be obscene,
lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable.
2. PRIVACY
We understand the concerns that you may have about your privacy
and respect your right to protect your personal information while
online. However, our Service is designed to allow users to post
photographs and information about themselves for public review and
comment. Accordingly, by submitting your photograph and/or any personal
information, you thereby waive any privacy expectations you have
with respect to our use of your
likeness or personal information provided to us. If you do not wish
to have your picture or information about yourself viewed by or
disclosed to others, do not use our Service.
We may collect certain other personal information from you that
we do not post on our Site. In most cases, we do not intentionally
transfer this information to unaffiliated third parties without
your consent. However, we reserve the right to transfer such information
without your consent to prevent an emergency, to protect or enforce
our rights, to protect or enforce the rights of a third party or
in response to a court order or subpoena as otherwise required or
permitted by law. In addition, we provide this personal information
to third-party service providers who help us maintain our Service
and deliver information and services to you and other users of our
Service.
3. USER CONTENT A. By submitting any content (including without limitation,
your image, photograph, voice or likeness) to our Site, you hereby
grant us a perpetual, worldwide, non-exclusive, royalty-free right
and license to use, reproduce, display, perform, adapt, modify,
distribute, have distributed and promote such content in any form,
in all media now known or herein after created, anywhere in the
world, and for any purpose.
B. You are solely responsible for any content that you submit, post
or transmit via our Service. You agree not to post or submit any
content that:
(a) is libelous, defamatory or slanderous, (b) contains sexually
explicit content (including nudity), (c) may denigrate any ethnic,
racial, sexual or religious group by stereotypical depiction or
otherwise, (d) exploits images or the likeness of individuals under
18 years of age, (e) encourages or otherwise depicts glamorized
drug use (including alcohol and cigarettes), (f) makes use of offensive
language or images, (g) characterizes violence as acceptable, glamorous
or desirable, or (h) contains any of your personal contact information
other than your email address.
C. We have no obligation to post any content that you or anyone
else submits. In addition, we may, in our sole and unfettered discretion,
edit, remove or delete any content that you post or submit.
4. THIRD PARTY CONTENT
In your use of our Service, you may access content from third
parties ("Third Party Content"), either via our Service
or through links to third party web sites. We do not control Third
Party Content and make no representations or warranties about it.
You agree that by using our Service, you may be exposed to Third
Party Content that is false, offensive, indecent or otherwise objectionable.
Under no circumstances will we be liable in any way for any Third
Party Content, including, without limitation, any errors or omissions
in any Third Party Content or any loss or damage of any kind incurred
as a result of the use of any Third Party Content posted, stored
or transmitted via our Service. You agree that you must evaluate,
and bear all risks associated with, Third Party Content, including
without limitation, profiles of other users of our Service.
5. PROPRIETARY RIGHTS
A. You agree that all content and materials available on
our Site are protected by rights of publicity, copyright, trademarks,
service marks, patents, trade secrets or other proprietary rights
and laws. Except as expressly authorized by us, you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create
derivative works from materials or content available on our Site.
Notwithstanding the above, you may use the content and materials
on our Site in the course of your normal, personal, non-commercial
use of our Service.
B. You agree not to systematically retrieve data or other content
or any materials from our Site to create or compile, directly or
indirectly, a collection, compilation, database, directory or the
like, whether by manual methods, through the use of "bots"
or otherwise. You agree not to use of any of our trademarks as metatags
on other web sites. You agree not to display any of our Site in
a frame (or any of our content via in-line links) without our express
written permission, which may be requested by contacting us at contact@goofyface.com.
You may, however, establish ordinary links to the homepage of our
Site without our written permission.
6. USERNAME AND PASSWORD If needed, you will select a username and password when completing
the registration process. You are solely and fully responsible for
maintaining the confidentiality of your username and password, and
are solely and fully responsible for all activities that occur under
your username and password. You agree to: (a) immediately notify
us of any unauthorized use of your username and password or any
other breach of security and (b) ensure that you log off from your
account at the end of each session. We cannot and will not be liable
for any loss or damage arising from your failure to comply with
these Terms.
7. TERMINATION
You agree that we, in our sole and unfettered discretion,
may terminate your access to our Service for any reason, including,
without limitation, your breach of these Terms. You agree that any
termination of your access to our Service may be effected without
prior notice, and acknowledge and agree that we may immediately
deactivate or delete any of your accounts and all related information
and files in such accounts and/or bar any
further access to such files or our Service. Further, you agree
that we will not be liable to you or any third party for any termination
of your access to our Service.
8. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue,
temporarily or permanently, any portion of our Service with or without
prior notice. You agree that we will not be liable to you or to
any third party for any modification or discontinuance of our Service.
9. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you
have the full power and authority to enter into and perform under
these Terms, (b) your use of our Service will not infringe the copyright,
trademark, right of publicity or any other legal right of any third
party, (c) you will comply with all applicable laws in using our
Service and in engaging in all other activities arising from, relating
to or connected with these Terms, including, without limitation,
contacting other users of our Service and (d) you own or otherwise
have all rights necessary to license the content you submit and
that the posting and use of your content by us will not infringe
or violate the rights of any third party.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS,
(B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE
OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE
WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR
WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS
IN ANY DATA OR SOFTWARE WILL
BE CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR
SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU
ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION
WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN
FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
11. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO
USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES
OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION
OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE,
(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS
OR OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING
FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES
BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL
ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES
OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR
SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE
INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH
OUR SERVICE OR THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200)
DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.
Trademarks, Copyrights & Restrictions Goofytones.com is controlled and operated by the goofyface.com
Site ("goofyface.com", “goofytones.com”, "we,"
"us," "our" or “Site”). Goofytones.com
was created to be both useful and entertaining. All materials on
Site ("Online Materials"), including, without limitation,
names, logos, trademarks, service marks, images, illustrations,
audio clips, and video clips, are protected by copyright and other
intellectual property rights which are owned and controlled by Site
or by other parties that have licensed their material to Site. You
may download and retain one single copy of certain Online Materials,
solely for your personal, non-commercial use, if we indicate that
you are permitted to do so. No Online Materials may be otherwise
copied, reproduced, republished, modified, uploaded, posted, transmitted,
distributed or exploited in any other way, or otherwise used for
any purpose, without the prior written permission of their respective
owners. If you do so, you will be subject to criminal and civil
liability. You may not add, delete, distort, or otherwise modify
the contents on the Site. Any unauthorized attempts to modify any
Online Materials, to defeat or circumvent our security features,
or to utilize Site for other than their intended purposes are prohibited.
Please report any material on Site, which you believe, may infringe
your copyright or other intellectual property rights by contacting
us at contact@goofyface.com.
Linked Sites We have provided links to related sites for your convenience
("Linked Sites"). We do not review or endorse Linked Sites
in any way, whether or not Site is affiliated with the sponsors
of Linked Sites. We are not responsible for the content of Linked
Sites or any off-site pages linked to Site. You access such Linked
Sites and off-site pages at your own risk. It is up to you to take
precautions to ensure that such Linked Sites that you visit and
your participation in any offers on such sites are free of viruses,
worms, vermin, trojan horses, and other items of a destructive nature.
Visitors to any Linked Sites are urged and expected to abide by
the Terms of Use and Privacy Policies of that particular Linked
Site.
Submissions to Site
You may only use Site and its contents for lawful purposes and in
accordance with applicable law and you are prohibited from storing,
distributing, or transmitting any unlawful material through Site.
You may not collect or store personal information regarding other
users. You recognize that storing, distributing, or transmitting
unlawful material could expose you to criminal and/or civil liability.
You agree that if a third party claims that material you have contributed
to Site is unlawful, you will bear the burden of establishing that
it is lawful. You understand and agree that all materials publicly
posted (other than by Site) or privately transmitted on or through
Site are the sole responsibility of the sender, not Site, and that
you are responsible for all material you upload, post or otherwise
transmit to or through Site.
Any notes, message/bulletin board postings, ideas, suggestions,
concepts, or other material submitted to us will become the property
of Site. Site shall be entitled to use such material for any type
of use in perpetuity and in any media whether now known or hereafter
devised. You agree that any submission you make to us is original
with you and accurate. You agree that you will not submit or otherwise
publish through Site any content, or act in any way, which in Site's
opinion: (A) may constitute libel, defamation, invasion of privacy,
or is obscene, pornographic, abusive, or threatening; (B) may infringe
any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocate illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation
for goods, services, advertisers, or sponsors or otherwise engages
in commercial activity; (E) disrupts the normal flow of dialogue
or otherwise acts in a way which affects the ability of other people
to engage in real time activities via Site; (F) includes programs
which may contain viruses, worms, trojan horses, or other computer
code, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files; (H) disobeys any policy or regulation
established from time to time regarding use of Site or any networks
connected to Site; or (I) contains links to other sites that contain
the kind of content which falls within the descriptions set out
above.
We are not responsible for any material posted on the bulletin boards
or in the chat areas conducted on the Site. We will cooperate with
any law enforcement authorities and comply with any judicial order
requesting or directing us to disclose the identity of anyone posting
materials in violation of any applicable federal, state, or local
laws. We reserve the right in our sole discretion to remove or disable
access to any material posted on or to our site, including without
limitation material posted by you to Site message board or chat
room if we believe that material violates any of the above policies
or infringes any intellectual property rights. Furthermore, if we
believe in our sole discretion that you have violated any of these
Terms, including; specifically but without limitation by posting
or providing links to material which infringes intellectual property
rights, we reserve the right to terminate your access to the Site.
Applicability of Online Materials Unless otherwise specified, the Online Materials are presented
solely for the purpose of entertaining users of this site in the
United States and its territories, and for promoting programs, films,
and other products. Site is controlled and operated by Goofyface.com
from its offices within the State of California. We make no representation
that the Online Materials are appropriate or available for use in
other locations outside the United States. Those who visit Site
from other locations do so on their own initiative and are responsible
for compliance with all applicable local laws. You specifically
agree to comply with all applicable laws, including without limitation
those concerning the transmission of technical data exported from
the United States or the country in which you reside.
Disclaimer of Warranties & Liability YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE ONLINE
MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON SITE IS AT
YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES
OFFERED ON SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. NEITHER SITE, NOR ITS AFFILIATED
AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS,
OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF SITE WARRANT THAT THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON SITE
IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. SITE DOES
NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIAL IN SITE OR LINKED SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SITE
MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN SITE WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND SITE ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES, OR OTHER CONTENT OF SITE. IF APPLICABLE LAW
DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING
THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT SITE, ITS AFFILIATED
AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS,
EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS,
LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE
OF ANY PRODUCT OR SERVICES ON SITE OR FROM YOUR USE OF ANY ONLINE
MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE;
OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER
FAILURE OF PERFORMANCE ON SITE OR THE INTERNET. IF APPLICABLE LAW
DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS
OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY
TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY
MATERIAL, INFORMATION, OR OPINIONS INCLUDED AND/OR EXPRESSED IN
OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS, OR OTHER FORUMS CONDUCTED
ON SITE ("FORUMS"), AND WE MAKE NO REPRESENTATIONS OR
WARRANTIES REGARDING SUCH MATERIAL, INFORMATION, OR OPINIONS. WE
DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF
FORUMS IS NOT THE RESPONSIBILITY OF SITE. SITE MAY REMOVE OR MODIFY
ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE
DISCRETION. ANY USE OF ANY GOOFYTONES.COM SITE OR THE FORUMS WILL
BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION
ON LIABILITY SET OUT ABOVE.
Indemnification You agree to defend, indemnify and hold harmless Site, its
parent, affiliated, and subsidiary entities, and the successors,
licensees, assigns, members, shareholders, officers, and directors
of each, from and against any claim, demand, loss, action, cost,
expense or damages, including without limitation, reasonable attorney's
fees, incurred in connection with any suit or proceeding brought
against us arising out of your use of our Service or alleging facts
or circumstances that could constitute a breach of any provision
of these Terms by you, including without limitation from your placement
or transmission of any content onto Site's servers, and/or from
any and all use of any of our Site. If you are obligated to indemnify
us, we will have the right, in our sole and unfettered discretion,
to control any action or proceeding and determine whether we wish
to settle it, and if so, on what terms.
Governing Law These Terms shall be interpreted and governed by and construed
in accordance with the laws of the State of California without regard
to its provisions regarding conflicts of law. You agree to submit
to the exclusive jurisdiction of the federal, state, and local courts
located within the State of California. All disputes arising out
of or relating to these Terms or your use of our Service will be
exclusively resolved under binding arbitration held in California
before and in accordance with the Rules of the American Arbitration
Association, except that we will have the right to seek injunctive
or other equitable relief in State or Federal court located in Los
Angeles County, California to enforce these terms or prevent an
infringement of a third party’s rights. In the event equitable
relief is sought, each party hereby irrevocably submits to the personal
jurisdiction of such court. If any provision of these Terms is unlawful,
void, or unenforceable, it will not affect the validity and enforceability
of any other provision. These Terms contain the entire understanding
of the parties regarding their subject matter, and supersede all
prior and contemporaneous agreements and understandings between
the parties regarding their subject matter. No failure or delay
by a party in exercising any right, power or privilege under these
Terms shall operate as a waiver thereof. The invalidity or unenforceability
of any of these Terms shall not affect the validity or enforceability
of any other of these Terms, all of which shall remain in full force
and effect. Because these Terms are subject to change and you will
be legally bound by such changes, you should periodically visit
this section to review the current Terms of Use.
These Terms of Use were last updated on April 20, 2006.
Support
If you need support please send an E-mail to support@sms1.com.
Please provide a detailed description of your problem. We suggest
that you include:
· your mobile phone number
· the name or description of the service or services
This E-mail return process will take about one business day.
For additional customer service please call: 1-800-203-6344.
Privacy Policy
Our Commitment to Privacy Your privacy is important to us! We know you're concerned
about protecting your privacy online. At goofytones.com (“Site”),
we treat your personal information (especially your credit card
number) with the highest standards of safety, security and confidentiality
possible. By visiting Site, you are accepting the practices described
in this Privacy Policy Notice. To better protect your privacy, we
provide this notice explaining our online information practices
and the choices you can make about the way your information is collected
and used at this web site.
The Information We Collect
Personal Information for Purchases We need your name, billing address, shipping address, e-mail
address, home phone number and credit card number to process and
ship your order. We will e-mail you to confirm your order and keep
you updated on your order status. Other procedures (such as SMS
services) will take place if you are ordering a mobile download.
If we have a question about your order, we may contact you by e-mail
or by phone. For example, we may call you to verify your credit
card information on a large purchase.
In order for us to complete your shopping transactions, we are required
to share your credit card and billing information with our credit
card processing bank. Our bank and merchant clearing house will
use this information to verify and clear these transactions.
Personally Identifiable Information for
Services At our Site you can order products, enter contests, vote
in polls, or otherwise express an opinion, subscribe to one of our
services such as our online newsletters, or participate in one of
our online forums or communities. The types of personally identifiable
information that may be collected at these pages include: name,
address, e-mail address, telephone number, fax number, credit card
information, and information about your interests in and use of
various products, programs, and services.
At our Site you can submit information about other people. For example,
you might submit a person's name, picture, address or e-mail address.
The types of personally identifiable information that may be collected
about other people at these pages include: recipient's name, address,
e-mail address, and telephone number.
At certain parts of our Site, only persons who provide us with the
requested personally identifiable information will be able to order
products, programs, and services or otherwise participate in the
Site's activities and offerings.
We also may collect certain non-personally identifiable information
when you visit many of our web pages such as the type of browser
you are using (e.g., Netscape, Internet Explorer, etc.), the type
of operating system you are using, (e.g., Windows XP or Mac OS,
etc.) and the domain name of your Internet service provider (e.g.,
America Online, EarthLink, etc.).
How We Use the Information We may use the information you provide about yourself to
fulfill your requests for our products, programs, and services,
to respond to your inquiries about our offerings, and to offer you
other products, programs, or services that we believe may be of
interest to you.
We sometimes use this information to communicate with you, such
as to notify you when you have won one of our contests or when we
make changes to our subscriber agreements, to fulfill a request
by you for an online newsletter, or to contact you about your account
with us.
We use the information that you provide about others to enable us
to send them your gifts or cards. From time to time, we also may
use this information to offer our products, programs, or services
to them.
The information we collect in connection with our online forums
and communities is used to provide an interactive experience. We
use this information to facilitate participation in these online
forums and communities and, from time to time, to offer you products,
programs, or services.
If you choose to submit content for publication (e.g., a "letter
to our editors", images or video content), we may publish your
screen name and other information you have provided to us.
We sometimes use the non-personally identifiable information that
we collect to improve the design and content of our site and to
enable us to personalize your Internet experience. We also may use
this information in the aggregate to analyze site usage, as well
as to offer you products, programs, or services.
Agents and contractors of our sites who have access to personally
identifiable information are required to protect this information
in a manner that is consistent with this Privacy Policy.
Although we take appropriate measures to safeguard against unauthorized
disclosures of information, we cannot guarantee that personally
identifiable information that we collect will not be unlawfully
obtained by third parties or disclosed in a manner that is inconsistent
with this Privacy Notice.
Some of our web sites may disclose personally identifiable information
to companies whose practices are not covered by this privacy notice
(e.g., other marketers, magazine publishers, retailers, non-profit
organizations, and participating databases) that want to market
products or services to you.
Our websites may on occasion combine information we receive online
with outside records to enhance our ability to market to you those
products or services that may be of interest to you.
Finally, our websites will not use or transfer personally identifiable
information provided to us in ways unrelated to those described
above without also providing you with an opportunity to opt out
of these unrelated uses.
Collection of Information by Third
Party Sites & Sponsors Site might contain links to other sites whose information
practices may be different than ours. Visitors should consult the
other sites' privacy notices as we have no control over information
that is submitted to, or collected by, these third parties.
Site may offer content (e.g., contests, sweepstakes, or promotions)
that is sponsored by or co-branded with identified third parties.
By virtue of these relationships, the third parties may obtain personally
identifiable information that visitors voluntarily submit in order
to participate in the site activity. Site has no control over the
third party's use of this information.
Site may use a reputable third party to present or serve the advertisements
that you may see at its web pages. Our privacy policy does not cover
any use of information that a third party ad server may have collected
from you.
Cookies To enhance your experience with Site, many of our web pages
use "cookies." Cookies are text files we place in your
computer's browser to store your preferences. Cookies, by themselves,
do not tell us your e-mail address or other personally identifiable
information unless you choose to provide this information to us
by, for example, registering at Site. However, once you choose to
furnish Site with personally identifiable information, this information
may be linked to the data stored in the cookie.
We use cookies to understand Site usage and to improve the content
and offerings on Site. For example, we may use cookies to personalize
your experience at our web pages (e.g., to recognize you by name
when you return to Site), save your password in password-protected
areas, and enable you to use shopping carts on Site. We also may
use cookies to offer you products, programs, or services.
Our Commitment to Security We have put in place appropriate physical, electronic, and
managerial procedures to safeguard and help prevent unauthorized
access, maintain data security, and correctly use the information
we collect online.
If applicable, we will take reasonable steps to help verify your
identity before granting access or making corrections. This process
will further protect your privacy and security on our web sites.
We don't collect personal information without your knowledge. We
don't sell, rent or give your personal information to any third
parties at all, unless for legal or credit verification purposes.
Examples of personal information collected by Site include: your
full name, home address, billing address, e-mail address and phone
number.
This policy explains how we collect information about you and how
we use that information. By shopping on Site, you accept the practices
outlined in this Privacy Policy.
Legal Matters We may release customer account or other information if we're
advised that release is necessary to comply with the law, or to
protect the rights, property and safety of Site, our customers or
others. This may include the exchange of information with companies
and organizations or law enforcement for loss prevention and credit
risk reduction. We may disclose personally identifiable information
should we be legally required to do so, for example, in response
to a court order or a subpoena. We also may disclose such information
in response to a law enforcement agency's request.
Newsletters And Special Offers If you want to receive e-mail newsletters or other special
offers from Site, you must subscribe. You can subscribe by sending
an email to subscribe@goofyface.com.
Each newsletter prominently displays a link you can use to unsubscribe
at any time. We also include the e-mail address you used when you
signed up for the newsletter, so you know which address to enter
when you unsubscribe.
Notification of Updates From time to time, we may update this privacy notice. We
will notify you about material changes in the way we treat personally
identifiable information by placing a notice on our site. We encourage
you to periodically check back and review this notice so that you
will always know what information we collect, how we use it, and
to whom we disclose it.
Customer Support If you contact Site for customer support, we will use your
name, e-mail address, phone number and order history to answer your
question or solve your problem. Your information may be shared with
a third party in order to respond to your question more quickly.
We won't add your e-mail address to our newsletter mailing list
if you contact Customer Care.
How to Contact Us
If you have any questions or concerns about Site and its implementation
of Privacy Policy you may contact us at contact@goofyface.com.
The privacy notice posted on this site was updated on or about April
20, 2006.
