Updated as of 1 October 2011

1. Your relationship with Tondai

1.1 Your use of the Tondai website (the "Website") and any products, software and services, including the Tondai audio editor (the "Tondai ringtone maker") provided to you on or from the Website by Tondai (collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and Tondai. "Tondai" means Tondai Ltd.

1.2 Your legal agreement with Tondai is made up of (A) the terms and conditions set out in this document, and (B) Tondai's Privacy Policy (http://tondai.com/privacy) (collectively called the "Terms").

1.3 The Terms form a legally binding agreement between you and Tondai in relation to your use of the Services. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Website, including but not limited to users who submit video files, audio files and URLs for the purpose of creating ringtones on Tondai.

1.5 1.5 We specifically draw your attention to our Privacy Policy here (link)

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms

2.2 You can accept the Terms by simply using the Services. You understand and agree that Tondai will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Tondai, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

2.4 You should print off or save a local copy of the Terms for your records.

3. Language of the Terms

3.1 Where Tondai provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Tondai.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Changes to the Terms

4.1 Tondai may make changes to the Terms from time to time. When these changes are made, Tondai will make a new copy of the Terms available at http://tondai.com/terms.

4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Tondai will treat your use as acceptance of the updated Terms.

4.3 You should check the Terms regularly for changes.

5. General restrictions on use

5.1 Tondai hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

1. you agree not to distribute any part of or parts of the Website, in any medium without Tondai's prior written authorisation;
2. you agree not to alter or modify any part of the Website or any of the Services;
3. you agree not to access the Website through any technology or means other than the pages of the Website itself, or such other means as Tondai may explicitly designate for this purpose;
4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website;
5. you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of Tondai;
6. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Tondai servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
7. you agree not to collect or harvest any personal data of any user of the Website or any Service;

5.2 Tondai grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tondai reserves the right to revoke these exceptions either generally or in specific cases.

5.3 Tondai is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Tondai provides may change from time to time without prior notice to you.

5.4 As part of this continuing innovation, you acknowledge and agree that Tondai may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Tondai's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Tondai when you stop using the Services.

5.5 You agree that you are solely responsible for (and that Tondai has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Tondai may suffer) of any such breach.

6. Copyright policy

6.1 Tondai operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party. Users may only upload content they have created themselves, and own all copyrights to or have the express permission from the copyright holder to use the content.

6.2 As part of Tondai's copyright policy, Tondai will terminate user access to the Website if a user has been determined to be an infringer. An infringer is a user who has partaken in infringing activity.

7. Your User Submissions

7.1 As a user of the Website and the Services you may submit video & audio content referred to as "User Submissions"). You understand that Tondai does not guarantee any confidentiality with respect to any User Submissions.

7.2 You retain all of your ownership rights in your User Submissions.

7.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of uploading them. Tondai does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tondai expressly disclaims any and all liability in connection with User Submissions.

7.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Tondai to use your User Submissions for the purposes of the provision of the Services by Tondai, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.

8. Content of your User Submissions

8.1 You agree that you will not upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Tondai to use or possess in connection with the provision of the Services.

8.2 You agree that you will not upload any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question.

8.3 Tondai reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

9. Links from Tondai

9.1 The Services may include hyperlinks to other web sites that are not owned or controlled by Tondai. Tondai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

9.2 You acknowledge and agree that Tondai is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

9.3 You acknowledge and agree that Tondai is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

9.4 Tondai encourages you to be aware when you leave the Tondai website and to read the terms and conditions and privacy policy of each other website that you visit.

10. Ending your relationship with Tondai

10.1 The Terms will continue to apply until terminated by either you or Tondai as set out below.

10.2 If you want to terminate your legal agreement with Tondai, you may do so by (a) notifying Tondai at any time and (b) ceasing to access and use the Website and the Services. Your notice should be sent, in writing, via email, to support@tondai.com.

10.3 Tondai may at any time, terminate its legal agreement with you if:

1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
2. Tondai is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3. Tondai is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
4. the provision of the Services to you by Tondai is, in Tondai's opinion, no longer commercially viable.

10.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Tondai have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

11. Exclusion of Warranties

11.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

11.2 The Services are provided "as is" and Tondai makes no warranty or representation to you with respect to them.

11.3 In particular Tondai does not represent or warrant to you that:

1. your use of the Services will meet your requirements,
2. your use of the Services will be uninterrupted, timely, secure or free from error,
3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

11.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

12. Limitation of Liability

12.1 Nothing in these Terms shall exclude or limit Tondai's liability for losses which may not be lawfully excluded or limited by applicable law.

12.2 Subject to the overall provision in paragraph 12.1 above Tondai shall not be liable to you for:

1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
2. any loss or damage which may be incurred by you as a result of:
   1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
   2. any changes which Tondai may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
   3. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;

12.3 The limitations on Tondai's liability to you in paragraph 12.2 above shall apply whether or not Tondai has been advised of or should have been aware of the possibility of any such losses arising.

13. General legal terms

13.1 The Terms constitute the whole legal agreement between you and Tondai and govern your use of the Services and completely replace any prior agreements between you and Tondai in relation to the Services.

13.2 You agree that Tondai may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Tondai website.

13.3 You agree that if Tondai does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Tondai has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tondai's rights and that those rights or remedies will still be available to Tondai.

13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

13.5 You acknowledge and agree that no other person or company shall be a third party beneficiary of the Terms.

13.6 The Terms, and your relationship with Tondai under the Terms, shall be governed by English law. You and Tondai agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Tondai shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.