THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BABOONTUNES, INC. AND ITS PARTNERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS. BY ACCESSING AND USING THIS WEBSITE YOU HAVE INDICATED THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BABOONTUNES RESERVES THE RIGHT TO CHANGE THIS WEBSITE AS WELL AS THE TERMS SET FORTH HEREIN AND YOUR USE OF THIS WEBSITE AFTER ANY SUCH CHANGE INDICATES ACCEPTANCE OF SUCH NEW TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH HEREIN, DO NOT USE THIS WEBSITE.

Website Ownership
This website is owned and operated by BaboonTunes, Inc. and/or its affiliates, subsidiaries, successors or assigns ("BaboonTunes"). All software, graphics, Content and other copyrightable elements available from this website are the property of BaboonTunes or its licensees and are protected pursuant to U.S. and foreign copyright laws. Any trademarks, service marks and/or trade names appearing on this website are also the property of BaboonTunes or its licensees and are protected pursuant to U.S. and foreign trademark laws. For purposes of this Agreement, all material protected by the copyright of any jurisdiction and/or trademarks, service marks and/or trade names of BaboonTunes or its licensees will be hereinafter referred to as "Protected Materials". You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate (including linking to) any Protected Materials, or make any commercial use of this website, without the express prior written consent of BaboonTunes.

You expressly agree not to use this website and/or the Protected Materials: (i) in conjunction with any device or service designed to circumvent technological measures employed to control access to, or rights in, any content or other work protected by the copyright laws of any jurisdiction; (ii) to use any data mining, robots or similar data gathering and /or extraction tools in connection with this website; (iii) to obtain any personal information about any user of this website or to obtain a list of website users; (iv) to copy, modify, erase or damage any Protected Materials or other information available from this website or any related servers; (v) to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property rights, or to take any action that is otherwise objectionable; or (vi) for any commercial use (including, without limitation, use of this website to sell a product or service or to increase traffic to your website for commercial reasons) or illegal purpose.

Disclaimer
TO THE EXTENT PERMITTED BY LAW, THE PROTECTED MATERIALS THE CONTENT AND OTHER INFORMATION AVAILABLE FROM THIS WEBSITE ARE PROVIDED "AS IS". AND WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. BABOONTUNES PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT. BABOONTUNES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND/OR TITLE OR QUIET ENJOYMENT. BABOONTUNES DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. BaboonTunes expressly disclaims any legal liability for any loss or damage resulting from this website or any actions taken based on the Protected Materials, the Content or information contained on, or linked to from, this website. This includes information and Protected Materials viewed from mobile phones and/or transmitted from this website to mobile phones. Therefore, you agree to assume the entire risk with respect to the quality, accuracy, adequacy, completeness, correctness and validity of information available from this website including any and all objectionable or offensive Content or virus-related dangers existing on this website and/or in any Protected Materials, Content or other information available from this website. BaboonTunes is not responsible to you for any content or materials constituting all or part of any Content, ads or any other aspect of this website that you might find objectionable.

The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in these Terms shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BABOONTUNES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT AND/OR THE PROTECTED MATERIALS OR OTHER INFORMATION AVAILABLE FROM THIS WEBSITE. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER. YOU ACKNOWELDGE THAT THE ECONOMIC TERMS OF THIS AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR BABOONTUNES TO PROVIDE AND MAINTAIN THIS WEBSITE AND THE PROTECTED MATERIALS HEREIN. In no event will BaboonTunes’ liability to you exceed amounts paid by you, if any, for accessing this website and/or the purchase of Content from this website.

Copyright Claims.
BaboonTunes respects the intellectual property of others. If you believe that any Protected Material or other information available from this website infringes your intellectual property rights please file a notification of such infringement with BaboonTunes. designated agent at Agent@BaboonTunes.com or info@Jabbertones.com.

Content
Purchase of Content. BaboonTunes may make certain ringtones, realtones, voice tones, sound effects, alerts, wallpapers, games, graphics and other entertainment suitable for mobile devices available from this website (collectively, the "Content"). Content available to you may change and, in such event, BaboonTunes will not deliver to you the license connected to such Content. If BaboonTunes ceases making any such rights available, BaboonTunes will not refund any portion of your fees, but you may contact customer support to receive an appropriate replacement. The price of any Content will be the price specified at the time of your purchase. Prices for all Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. By completing the purchase and/or registration processes, you authorize BaboonTunes and/or your telecommunications carrier, to charge the applicable fees to your designated credit card or directly to your mobile telephone invoice, as selected by you or indicated in the transaction. If you cancel your account or cease to use the Content (in whole or in part) for any reason, BaboonTunes will not refund any of your fees paid to date, including without limitation any fees for unused credits. You must be careful when reviewing and entering information during the purchase and registration process. BaboonTunes will not refund any fees paid, or unused credits, nor otherwise be liable to you, in the event that you own a handset that is incompatible with the BaboonTunes Content storefront or offerings, or if you select the wrong handset or wireless provider in the purchase or registration process. Additionally, BaboonTunes will not refund any fees paid, or unused credits, nor otherwise be liable to you, if BaboonTunes ceases to offer BaboonTunes Content for any reason, if you change your handset and the BaboonTunes Content is no longer available on your new handset, if you lose or break your handset and/or lose or destroy any data or Content on the handset, if your wireless provider ceases to support the BaboonTunes Content, or if you change wireless providers to one that does not offer the BaboonTunes Content. BaboonTunes reserves its right to collect applicable taxes and impose premium surcharges for the Content. Note that your use of certain operator networks to access the Content may result in third-party charges from your carrier or other entities, and that you are responsible for all such charges. Standard and/or other carrier charges may apply.

The price of any Content purchased through this website will be the price specified on the website at the time of your purchase. By initiating the purchase of the Content, you authorize BaboonTunes directly and /or through its affiliates and partners, to charge you for the purchase.

You may or may not be able to purchase Content from this website if you are a pre-paid customer. The Terms of Use for Pre-Paid cards are explained in the "Pre-Paid Card Terms and Conditions" provided by your carrier. However, these Terms also apply to your use of this website and/or purchase of Content hereunder.

Delivery of Content
Delivery of Content purchased pursuant to these Terms will be made directly to your cellular phone. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the applicable Content, and set to receive text messages. Please note that not all mobile phones allow for the storage of new ringtones. Ordered Content can only be delivered when the cellular phone is on a compatible network, a full list of which is available upon request. Provided that the cellular phone and cellular phone provider’s network will accept the Content, delivery of the Content will occur within 24 hours of completion of the order. Typically, delivery of the Content occurs within a matter of seconds. We will attempt to deliver the ordered Content a total of three times to the same cellular phone. If the Content has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Content has been received. If the Content cannot be delivered, BaboonTunes or the applicable carrier will refund the payment, provided that the Content’s non-delivery to the cellular phone is not the result of your error. If your user-error caused the non-delivery, payment will not be refunded.

BaboonTunes reserves its right to collect applicable taxes in connection with the sale of the Content. In consideration of your payment and your acceptance of these Terms and thereby this agreement, BaboonTunes grants you a non-exclusive, non-transferable, single-user right to download and use the Content on a single hand-held computer or mobile device. This license extends to you and your hand-held computer or mobile device.

You may not reproduce, copy, transfer or distribute by any means, method or process whatsoever, any of the Content licensed by this agreement, including but not limited to, transferring or downloading any such Content from one hand-held computer or mobile device to another, to a computer hard drive, or otherwise copying the Content onto any other storage medium. You may not alter, merge, modify, or adapt the Content or create derivative works based upon the Content. You may not sell, rent, lease, or sublicense the Content. Nothing in this agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute by any means, method or process whatsoever any of the Content licensed by this agreement, including but not limited to, transferring or downloading any such Content to a computer hard drive, or otherwise copying the Content onto any storage medium. Nothing in this agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute or perform publicly by any means, method or process whatsoever, any sound recording embodying any of the Content licensed under this agreement. This license may not be assigned without the written consent of BaboonTunes, which right may be withheld by BaboonTunes in its sole discretion.

The Content may contain third party Content which requires notices and/or additional terms and conditions. By accepting this agreement, you are also accepting the additional terms and conditions, if any, set forth therein. BaboonTunes is not responsible to you for any content or materials constituting all or part of any Content or any other aspect of the Service that you might find objectionable.

The foregoing license grants you a limited license to use the Content. BaboonTunes and its licensors retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this agreement including Federal and International Copyrights, are reserved by BaboonTunes and its licensors. If you fail to comply with this agreement, BaboonTunes may, in addition to its other remedies, terminate this agreement and the license it grants you and you must destroy all copies of the Content.

Termination
If BaboonTunes (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the website or the Content violates BaboonTunes' or others' intellectual property rights, BaboonTunes may, in its sole discretion, suspend or terminate your account and the license to any Content you may have purchased, with or without notice to you. If BaboonTunes suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and BaboonTunes will not refund any portion of your fees charged to date.

Miscellaneous
You understand and agree that any unauthorized use of the Service or the Content would result in irreparable injury to BaboonTunes and/or its affiliates or licensors for which money damages would be inadequate, and in such event BaboonTunes its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that BaboonTunes, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

These Terms and the agreement established hereby shall be governed by the internal laws of the State of Colorado, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Denver County, Colorado or the United States Federal District for the District of Colorado to resolve any disputes arising under this agreement. In each case this agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

These Terms contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Content licensed hereunder shall be of no effect. The failure or delay of BaboonTunes to exercise any of its rights under this agreement or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.

If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.

"BaboonTunes," the BaboonTunes’ logo, and other trademarks contained on this website or in the Content are trademarks or registered trademarks of BaboonTunes, Inc, in the United States and/or other countries, or its licensors or third parties. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This agreement does not authorize you to use BaboonTunes' or its licensors' names or any of their respective trademarks.

The enumeration and headings contained in this agreement are for convenience only and are not intended to have any substantive significance interpreting this agreement.

You agree that BaboonTunes may audit your use of the Content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Content by you other than in full compliance with the terms of this agreement, you shall reimburse BaboonTunes for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

Any correspondence, notice or request permitted to be given under or in connection with this agreement or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to BaboonTunes addressed as follows:

Inquiries: customerservice@baboontunes.com
Phone: (303) 694-4467
Mail: 7055 South Niagara Court, Centennial Co 80112

You acknowledge and agree that you will be subject to additional terms and conditions pertaining to such third party sites and services, as accessed through this website. BaboonTunes is not responsible for any content on any linked site and if you access such a third party site from this website, you do so at your own risk. Links available from this website are provided as a convenience and do not imply that BaboonTunes endorses or accepts any responsibility for the content on those third party sites. BaboonTunes will not be responsible for any loss or damage you suffer as a result of your interaction with such third party sites. BaboonTunes does not represent that the Content, software, Protected Materials or other information available from this website are appropriate or available for all ages or for use in all geographic locations and accessing the same from certain locations, especially some outside the United States, may be illegal and prohibited. You agree not to access the foregoing where prohibited by law and agree that BaboonTunes will have no responsibility for any such action.

This agreement will bind and inure to the benefit of BaboonTunes’ successors and assigns, but is personal to you and may not be transferred, assigned or delegated.