Terms of Service

Hi-Lite Music Ministries ("HLMM") provides HLMM ringtone downloads service "AS IS" and subject to the following terms and conditions ("Terms").

YOU AGREE TO THESE TERMS BY YOUR USE OF ANY OF THE HLMM ringtones.

THE SERVICES. HLMM Mobile Downloads offers ringtones for wireless phones ("Services"). The Services including products such as ring tones and graphics. HLMM can change or discontinue the Services or make any other modifications to these Terms at any time.

OFFER TERMS. You understand and agree that HLMM offers each HLMM Mobile Downloads product subject to its own particular usage terms, conditions and cost. If you choose to utilize any specific Service, you agree to be bound by these additional terms, including, without limitation, any requirement to pay for such Services.

WIRELESS SERVICE FEES. Please consult your rate plan and agreement with your wireless service provider to determine if additional charges may apply concerning your use of the Service.

WIRELESS ACCESS AND COVERAGE. The Services will only work on selected phones and networks. Please check your compatibility. HLMM will not give refunds when you have tried to download Services to incompatible phones. HLMM cannot warrant or promise that the Services will work with all wireless products or be available at all times and at all locations. HLMM cannot warrant or promise that the Services would continue to work in the event of product, software, coverage or other service changes made by your wireless carrier or cell phone manufacturer

SAFETY. Avoid using the Services in any environment requiring your full attention, such as when you are driving a vehicle.

LIMITED SOFTWARE AND CONTENT LICENSES. HLMM grants you a limited, non-exclusive license to use the Services and its website, including the corresponding software and content, subject to these Terms. COPYRIGHT OWNERSHIP. The software and content (including graphics and sounds) distributed with the Services is owned by HLMM. Artist references of ringtones are only factual references for the purpose of identifying the compositions. No artist reference is meant to imply that the ringtone is the master recorded by the applicable Artist, or any endorsement by, or affiliation with such artist. You may not print, copy, reproduce, distribute, modify, or in any other manner duplicate the software and content in whole or in part. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from any software or content provided by HLMM. You may not modify the software or use it in any way not expressly authorized by this Agreement. Do not sell, commercially exploit, or claim to be the owner, composer, designer or author of any of the software and content you receive from HLMM as part of the Services.

NO SUPPORT BY HLMM. You understand that your use of the Services and web site is at your own risk and that HLMM provides no assistance or support for your use of the Services.

YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement and that you will use the Services only for lawful purposes and subject to this agreement. DISCLAIMER OF WARRANTIES. HLMM OFFERS THE SERVICES ON AN "AS IS" BASIS. HLMM CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF THE SERIVCES, SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. HLMM MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF ACCURACY OR WARRANTY OF NON-INFRINGEMENT CONCERNING THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH HLMM REGARDING THE SERVICES IS THE CANCELLATION OF THE SERVICES. LIMITATIONS OF LIABILITY. NEITHER HLMM, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HLMM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INJUNCTIVE RELIEF. You acknowledge that the Services contain proprietary and confidential information, and that disclosure of such information or misuse will give rise to irreparable injury to HLMM, inadequately compensable in damages. Accordingly, HLMM may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.

TERMINATION. Your right to use the Services (including the software and content) shall terminate immediately if you breach these Terms. In the event of termination, the paragraphs entitled Copyright Ownership, Disclaimer of Warranties, Limitation of Liability and Construction shall survive.

CONSTRUCTION. These Terms represent your entire agreement with HLMM concerning the Services. If any part of the Terms is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.