ACCESS TO AND USE OF TonesToPhone.com AND THE SERVICES

You represent that you are of legal age to agree to the terms and conditions set forth in this Privacy Policy, or you are at least 13 years of age and have your parent's or legal guardian's permission to access and use TonesToPhone.com and to register for, purchase and use the Services, as applicable. Neither TonesToPhone.com nor the Services are intended to be used by, and are not directed to, children under 13 years of age. Additionally, some Services, such as the Chat Service, are not intended to be used by, and are not directed to, anyone under 18 years of age. If you register for, purchase and/or use the Chat Service, you represent you are at least 18 years of age. TonesToPhone.com does not ask visitors or users to provide age information. For this reason, TonesToPhone.com treats all visitors and users as being of legal age to agree to the terms and conditions set forth in this Privacy Policy, or as at least 13 years of age and as having their parent's permission to access and use TonesToPhone.com and to register for and to use the Services, and at least 18 years of age with respect to the Chat Service. In accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), if TonesToPhone.com receives a complaint which states that a visitor or user is under 13 years of age, TonesToPhone.com will (i) request verifiable parental consent prior to gathering any additional personal information from such visitor or user, (ii) keep confidential and secure all personal information gathered from such visitor or user, (iii) provide the applicable parent(s) with access to any personal information gathered from the visitor or user, and (iv) provide the applicable parent(s) the opportunity to prohibit further collection of personal information from such visitor or user.

COLLECTION OF PERSONAL INFORMATION

While a mobile phone number is the only information that is gathered from users of the Services under normal circumstances, in order to provide you with access to certain Services, such as the Chat Services, or for sweepstakes purposes or refunds, you may also be required to provide TonesToPhone.com with certain personal information, such as your name, postal address, phone number, email address, TonesToPhone.com username and password, information regarding your personal interests and preferences, date of service, and demographic and usage information. You acknowledge and agree that TonesToPhone.com may collect and process such personal information in connection with your registration for and use of the Services. You further acknowledge and agree that TonesToPhone.com may transfer your personal information outside of the United States for storage and processing. TonesToPhone.com makes no representation or warranty with respect to any duty to permanently store any personal information you may provide.

CHANGE OR UPDATE REGISTRATION DATA

To request a change to or to update your Registration Data, please contact customer service by clicking here . It is your responsibility to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.

USE OF PERSONAL INFORMATION

TonesToPhone.com uses your personal information to improve and customize the advertising and Content you see on TonesToPhone.com, to fulfill your requests for certain products and Services, and, if you enter into a transaction with TonesToPhone.com or otherwise permit TonesToPhone.com, to contact you about special offers and new products. Your personal information may also be aggregated and used by TonesToPhone.com for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the User Agreement or any applicable Rules, for other internal purposes, and as otherwise described to you at the time of collection. TonesToPhone.com will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

You agree that TonesToPhone.com may use personal information about you to improve TonesToPhone.com's marketing and promotional efforts, analyze website usage, improve TonesToPhone.com's product offerings, customize the Content, customize the Services, and as otherwise set forth in this Privacy Policy. You also agree that TonesToPhone.com may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of TonesToPhone.com or a Service. By accepting the User Agreement and this Privacy Policy, you expressly agree to receive this information.

DISCLOSURE OF PERSONAL INFORMATION

Absent your prior consent, TonesToPhone.com does not share your personal information with any unrelated third parties. Additionally, TonesToPhone.com does not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. TonesToPhone.com does, however, share some of your personal information with its affiliates, and you authorize TonesToPhone.com and its affiliates to use your personal information in connection with electronic communications to you, including, without limitation, email, text messaging, SMS, MMS, WAP, BREW and other means of mobile content delivery, and off-line offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:

Advertisers. TonesToPhone.com may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, TonesToPhone.com does not disclose to these entities any information that could be used to identify you personally without your explicit consent.
External Service Providers. There are a number of separate services offered by third parties that TonesToPhone.com refers to as external service providers that may be complementary to your use of TonesToPhone.com or the Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, TonesToPhone.com may provide some of your personal information to an external service provider offering such services. To prevent TonesToPhone.com's disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because TonesToPhone.com does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Notwithstanding the foregoing, TonesToPhone.com may disclose your personal information to your mobile device service provider to secure collection of fees. Outside the transaction chain noted in this Privacy Policy, TonesToPhone.com does not disclose your personally identifiable information to external service providers unless you provide consent.
Internal Service Providers. TonesToPhone.com may use third parties that TonesToPhone.com refers to as internal service providers to facilitate or outsource one or more aspects of TonesToPhone.com's business, products and Services that TonesToPhone.com provides to you and, therefore, TonesToPhone.com may provide some of your personal information directly to these internal service providers (e.g. customer care, third party billing). In some instances, the internal service provider may collect information directly from you. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy. Outside the transaction chain noted in this Privacy Policy, TonesToPhone.com does not disclose your personally identifiable information to internal service providers unless you provide consent.
Notwithstanding the foregoing, TonesToPhone.com reserves the right, and you authorize TonesToPhone.com, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when TonesToPhone.com determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify or contact you or to bring legal action against you if:

you are or may be violating the User Agreement, this Privacy Policy or any applicable Rules;
you are interfering with TonesToPhone.com's or a third party's rights or property;
you are violating any applicable law, rule or regulation;
necessary or required by any applicable law, rule or regulation; and/or
requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
In addition, TonesToPhone.com cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, TonesToPhone.com may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although TonesToPhone.com uses industry standard practices to protect your privacy, TonesToPhone.com does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. Also, in the event of a merger, acquisition, or change of control of TonesToPhone.com, personal information collected by TonesToPhone.com about you will be considered a business asset and will be transferred to the applicable new entity.

COMMUNICATIONS
If you register for a Service, you will receive TonesToPhone.com's email newsletter and special offers via SMS, unless you have requested otherwise at the time of registration or as set forth below. TonesToPhone.com maintains a strict "no-spam" policy and TonesToPhone.com fully complies with CAN-SPAM Act regulations.

You may unsubscribe from TonesToPhone.com's electronic newsletters and special offers at any time by following the instructions set forth at the end of every newsletter or special offer. While all efforts are made to insure this information is viewable in all email browsers and on all mobile devices compatible with the Services, there may be cases where certain email browsers or mobile devices do not display the unsubscribe information correctly. If you are having problems unsubscribing, please contact customer service by clicking here and you will be removed within seven (7) business days. Please note that direct replies to any newsletter or special offer are processed by computer and are not always viewed by a human.

COOKIES
"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. TonesToPhone.com and third party advertisers may set and access cookies on your computer to track and store preferential information about you. TonesToPhone.com and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within TonesToPhone.com's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

WEB BEACONS
Web Beacons, also known as pixel tags and clear GIFs ("Web Beacons"), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on TonesToPhone.com. However, through Web Beacons, we may collect general information that will not personally identify you, such as your Internet browser, operating system, IP address, date of visit, time of visit and path taken through TonesToPhone.com.

Internal use of Web Beacons. TonesToPhone.com may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps TonesToPhone.com personalize your experience when you visit TonesToPhone.com.
Email. TonesToPhone.com may include Web Beacons in HTML-formatted email messages that TonesToPhone.com sends to you. Web Beacons in email messages helps TonesToPhone.com determine your interest in and the effectiveness of such emails.
External use of Web Beacons. TonesToPhone.com may also use Web Beacons externally. For example, TonesToPhone.com may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. TonesToPhone.com may also include other companies' Web Beacons within TonesToPhone.com.
SECURITY
Personal information you submit to TonesToPhone.com is password protected for your privacy and security. In the unlikely event that an unauthorized third party compromises TonesToPhone.com's security measures, TonesToPhone.com will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.

LINKS TO OTHER WEBSITES
TonesToPhone.com may include links to third party websites. Such links are not an endorsement by TonesToPhone.com of those websites and/or the products or services offered on those websites. Third party websites may have different privacy policies, and TonesToPhone.com is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, TonesToPhone.com encourages you to check the privacy policy of that website, as it may differ substantially from this Privacy Policy. TonesToPhone.com makes no representations or warranties nor is TonesToPhone.com responsible for the privacy policies of any websites other than TonesToPhone.com. If you decide to access any third party links appearing on TonesToPhone.com, you do so at your own risk.

TRANSMISSIONS, SUBMISSIONS AND POSTINGS
TonesToPhone.com welcomes the submission of comments, information and feedback regarding TonesToPhone.com and the Services. However, as set forth in detail in the User Agreement, TonesToPhone.com does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of TonesToPhone.com. Although TonesToPhone.com does not regularly review your transmissions, submissions or postings, TonesToPhone.com reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that TonesToPhone.com may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the User Agreement, this Privacy Policy and any applicable Rules, and that TonesToPhone.com shall have the unrestricted right to use such information for any purpose and without compensation to you.

OTHER TERMS
To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the User Agreement .

CHANGES TO THIS PRIVACY POLICY
TonesToPhone.com reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued access and use of TonesToPhone.com and any Services following the posting of any such changes shall automatically be deemed your acceptance of such changes. TonesToPhone.com's last update to this Privacy Policy was made and posted on April 28, 2006.