Tube2Tone - Convert YouTube videos to Ringtones for your phone

1. Your Acceptance

By using and/or visiting this website (collectively, including all content and functionality available through the Tube2Tone.com domain name, the "Tube2Tone Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) the Privacy Policy statement (the "Privacy Policy") found at http://www.Tube2Tone.com/home/privacy . If you do not agree to any of these terms please do not use the Tube2Tone Website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.Tube2Tone.com/home/terms). Tube2Tone may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. General Use of the Website

Tube2Tone hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to YouTube Videos and created Ringtones, without Tube2Tone's prior written authorization.
You agree not to use the Website for any commercial use, without the prior written authorization of Tube2Tone. Prohibited commercial uses include any of the following actions taken without Tube2Tone's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Tube2Tone website or any third-party website, targeted to the content of specific YouTube Videos, created Ringtones or other Tube2Tone content;
- and any use of the Website or its related services that Tube2Tone finds, in its sole discretion, to use Tube2Tone's resources, YouTube Videos or created Ringtones with the effect of competing with or displacing the market for Tube2Tone and Tube2Tone content.
Prohibited commercial uses do not include:
- Any use that Tube2Tone expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Tube2Tone servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Tube2Tone grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tube2Tone reserves the right to revoke these exceptions either generally or in specific cases. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
Tube2Tone reserves the right to discontinue any aspect of the Tube2Tone Website at any time.

3. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Tube2Tone Website.

The content on the Tube2Tone Website, except all YouTube Videos and created Ringtones, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Tube2Tone, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tube2Tone reserves all rights not expressly granted in and to the Website and the Content.
You may access created Ringtones and YouTube Videos for your information and personal use solely as intended through the provided functionality of the Tube2Tone Website.
You may access Tube2Tone Content, created Ringtones, YouTube Videos and other content only as permitted under this Agreement. Tube2Tone reserves all rights not expressly granted in and to the Tube2Tone Content and the Tube2Tone Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of created Ringtones or YouTube Videos of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Tube2Tone Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Tube2Tone Website or the Content therein.
You understand that when using the Tube2Tone Website, you will be exposed to created Ringtones and YouTube Videos from a variety of sources, and that Tube2Tone is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such created Ringtones or YouTube Videos. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tube2Tone with respect thereto, and agree to indemnify and hold Tube2Tone, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

4. YouTube Videos and created Ringtones

As a Tube2Tone user you may (1) download YouTube Video to Tube2Tone Server, (2) create a Ringtone from this Video and (3) store the Ringtone on Tube2Tone server.
Created Ringtones are accessible and searchable by Tube2Tone Website users
You shall be solely responsible for YouTube video downloads conducted by you and the consequences of creating Ringtones from them. In connection with YouTube Videos, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tube2Tone to download and cache YouTube Video on Tube2Tone Server
For clarity, you retain all of your ownership rights to your created Ringtones. However, by creating a ringtone using Tube2Tone, you hereby grant Tube2Tone a worldwide, non-exclusive, ever-lasting, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the created Ringtones in connection with the Tube2Tone Website and Tube2Tone's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Tube2Tone Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Tube2Tone Website a non-exclusive license to access your Created Ringtones through the Website, and to use, reproduce, distribute, display and perform such Ringtones as permitted through the functionality of the Website and under these Terms of Service. .
In connection with YouTube Videos, you further agree that you will not download material to Tube2Tone Server that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Tube2Tone all of the license rights granted herein.
Tube2Tone does not endorse any YouTube Video or created Ringtone, recommendation, or advice expressed therein, and Tube2Tone expressly disclaims any and all liability in connection with YouTube Videos. Tube2Tone does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Tube2Tone will remove all created Ringtones and YouTube Videos if properly notified that such Ringtone or YouTube Video infringes on another's intellectual property rights. Tube2Tone reserves the right to remove created Ringtones and YouTube Videos without prior notice.

5. Copyright Owners

As a copyright owner you have an option of selling the usage of your copyrighted content for creation of the Ringtone through our site. You can start selling the usage by filling out this form: http://tube2tone.com/for_artists
In connection with Selling usage of your Video material through our site, you agree that you will not claim material that is not copyrighted by you.
You can specify the usage price considering that Tube2Tone will retain an agreed upon percentage of gross sales and pay you an agreed upon share of the price for each sale. Tube2Tone will cover Credit Card Processing Fees and any other fees associated with the transaction.
Payments to you will be sent at the end of the month either via PayPal or by mailed Check.
Tube2Tone retains the right to refuse to sell usage of your Video for creation of Ringtones without providing a reason

6. Termination of Access

Tube2Tone will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
Tube2Tone reserves the right to decide whether created Ringtone or a YouTube Video is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Tube2Tone may remove such created Ringtones or YouTube Videos and/or terminate a User's access for downloading such material to Tube2Tone server in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any YouTube Video or created Ringtone infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Tube2Tone's designated Copyright Agent to receive notifications of claimed infringement is: Tube2Tone, INC, 1 West Street, #100, New York NY 10004. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tube2Tone customer service through support@tube2tone.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Counter-Notice. If you believe that your YouTube Video or created Ringtone that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your YouTube Video, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Tube2Tone may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tube2Tone's sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TUBE2TONE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TUBE2TONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TUBE2TONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUBE2TONE WEBSITE. TUBE2TONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TUBE2TONE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TUBE2TONE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL TUBE2TONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUBE2TONE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TUBE2TONE SHALL NOT BE LIABLE FOR YOUTUBE VIDEOS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Tube2Tone from its facilities in the United States of America. Tube2Tone makes no representations that the Tube2Tone Website is appropriate or available for use in other locations. Those who access or use the Tube2Tone Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Tube2Tone, INC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Tube2Tone Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your YouTube Video downloads or created Ringtones caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Tube2Tone Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Tube2Tone Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Tube2Tone Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tube2Tone without restriction.

13. General

You agree that: (i) the Tube2Tone Website shall be deemed solely based in Delaware; and (ii) the Tube2Tone Website shall be deemed a passive website that does not give rise to personal jurisdiction over Tube2Tone, either specific or general, in jurisdictions other than Delaware. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Tube2Tone that arises in whole or in part from your use of the Tube2Tone Website shall be decided exclusively by a court of competent jurisdiction located in County of New Castle, Delaware. These Terms of Service, together with the Privacy Notice at http://www.Tube2Tone.com/home/privacy and any other legal notices published by Tube2Tone on the Website, shall constitute the entire agreement between you and Tube2Tone concerning the Tube2Tone Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tube2Tone's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Tube2Tone reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Tube2Tone Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TUBE2TONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TUBE2TONE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.