Software User Agreement

USE OF THIS WEB SITE SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE ENTIRE PRIVACY POLICY STATEMENT

Xingtone.com is committed to safeguarding your privacy online. Please read the following Privacy Policy ("Privacy Policy") to understand how your personal information will be treated as you make full use of our many offerings. As Xingtone.com reserves the right to amend this Policy from time to time, please check back periodically.

As part of the operations of Xingtone.com and its related companies, we gather certain types of information about our users through our Web site. This Privacy Policy explains the types of information we gather, what we do with it and how you may correct or change the information that we may collect.

1. Kinds of Information. There are two kinds of information we can obtain about you:

a) Personal Information: Personal Information is any information that personally identifies you. It can be your first and last name, your home address, your telephone number, age, gender or your e-mail address. Personal information is collected when users voluntarily register for purchases and services. Sometimes this Personal Information is needed to receive announcements regarding our Web site and projects, enter contests and participate in other promotional opportunities provided on our Web site. We may also collect e-mail addresses from users who send us support mail or request technical or other help. This information enables us to improve our Web site in order to make your online visits more productive and enjoyable.

b) Aggregate Information: Aggregate Information is anonymous data that we use to diagnose problems on our Web site's servers, administer our Web site, and to help improve the quality of our Web pages. It may be your IP address (a number that's automatically assigned to your computer whenever you're surfing the Internet), browser type (e.g., Netscape or Internet Explorer), and domain (e.g., XYZ.com"). We do this in the background so it does not interrupt your cruising speed. We may share Aggregate Information with third parties. None of this information is connected with Personal Information. So, when you enter our site, you are anonymous and will remain that way unless you choose otherwise.

2. Use of Information. We may use the Personal Information we collect to improve the content of our Web site; to customize the content and/or layout of our Web site for each individual user; to notify users about updates to our Web site or promotional offers or opportunities that we believe will be of interest to users; and to investigate violations of our terms and conditions of use. We may also share Personal Information with consultants and related companies for internal business or research purposes. With user permission, we may access Personal Information on behalf of third parties for marketing or promotional purposes. We will always request permission to share such information with third parties. You may elect not to participate by clicking or not clicking, as applicable, the appropriate on-screen button. In some situations, we may share your Personal Information with third parties who perform a particular service on our behalf. These parties are not allowed to use Personal Information except for the limited purpose of providing the particular service on our behalf. In addition, we may receive personal usage and demographic information from third parties based on our users Personal Information and their visits to our Web site, and use this information to improve our products and services.

We may post the name of a user (for example, a contest winner) on our Web site. We will notify you of this possibility when you provide your information.

We may also divulge Personal Information if such information is subpoenaed, or if we believe that membership has been used to commit unlawful acts, or acts that may endanger the health or safety of another user or of the general public.

We may share the Aggregate Information we collect with third parties for advertising and promotional purposes. We may use a third-party company to serve ads when you visit our Web site. This company may use Aggregate information about your visits to our Web site in order to provide advertisements on our Web site about goods and services of interest to you. For this purpose, the third-party company and we may track and note some of the pages you visit on our Web site.

3. Cookies. A cookie is a small data file that Web sites store on your hard drive when you visit them. Cookies allow us to determine which areas and features of our Web site are most popular by measuring user activity, and to improve your user experience by remembering your passwords and viewing preferences, which allows you to visit various parts of our Web site without re-registering. We may also use cookies when we conduct polls, surveys, chat rooms and contests to limit multiple responses and registrations. We will never use cookies to retrieve information from your computer that was not originally sent by us to you in a cookie. We do not use information transferred through cookies for any promotional or marketing purposes.

You may occasionally get cookies from our advertisers. We do not control these cookies, and these cookies are not subject to our Privacy Policy.

Most browsers are set to accept cookies. If you prefer, you may set your browser to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of our Web site, such as the polls, surveys, contest, and game areas, will not function properly if you choose not to accept cookies.

4. Search Terms. As a measure of user interest, we may track search terms that are entered into our Web site's search features. Search data and user-provided information help to improve the relevancy of search results by learning user preferences and prioritizing search results accordingly. The intended result is a more efficient search feature for visitors to our Web site.

5. Surveys and Registration Forms. Our Web site may post surveys and registration forms in which we ask for Personal Information. We may use this information to send you information about our Web site and programs, and to give to our third parties who may send you information about their products and services and promotional material.

6. Sweepstakes and Contests. We may from time to time run sweepstakes and contests in which we ask for Personal Information such as your name, e-mail address or telephone number. That's so we can let you know if you win. Sometimes we request additional Personal Information such as your age and gender. And once in a while we require this additional information in exchange for allowing you to enter the contest. We may use the contest entry information that we collect to notify you if you are a winner, send you information about our Web site and programs or give to third parties who may send you information about their products and services and promotional material. Your participation in any such sweepstakes or contest will be subject to the official rules and regulations of such sweepstakes or contest.

If you win one of our sweepstakes or contests, we will not publish your name, hometown, or other Personal Information on our Web site unless you give us your permission.

7. Electronic Newsletters. We may offer free, electronic announcement(s). You will only receive a newsletter if you agree to receive it during registration to our Web site or directly from our newsletter sign-up form. We will not divulge your membership in a newsletter mailing list to any third parties, including advertisers or partners, if you request that we not do so when you register. If you subscribe to one of our e-mail newsletters, and then decide you do not want to continue receiving such e-mail newsletter, please contact Xingtone and tell us that you no longer want to continue receiving such e-mail newsletter.

8. Opt Out. If we ask you for Personal Information, we will tell you if we intend to share it with others. We will provide you with a way to tell us that you don't want us to share the information or if you do not want to receive promotional and/or marketing information about products, services, and offerings from us and/or any third parties. Let us know and we will use your name and address only to tell you if you win a contest or sweepstakes.

9. Children And Privacy. We encourage parents and guardians to spend time with their children On-line, and to be familiar with the sites their children visit. At various places on our Web site, we ask you for your age and/or date of birth. We rely on our users to be truthful in responding to these questions.

a) Individuals Under 13: No information should be submitted to or posted on our Web site by users under the age of 13. Individuals under the age of 13 are not allowed to become registered users of our Web sites or participate in any sweepstakes or contests.

b) Individuals 13 through 17: If an individual between the ages of 13 and 17 submits or posts information to our Web site, we may collect such information (including personally identifying information). This information may be used for marketing and promotional purposes by us and may, with the user's permission, be shared with pre-screened third parties. If a user or his/her parent or guardian changes his/her mind with respect to such use, that user, parent or guardian may stop that use either by e-mail request or by modifying his/her registration information On-line.

10. Subpoenas and Law Enforcement Agencies We reserve the right to cooperate with government and law enforcement agencies engaged in investigations of activities that are, or which we believe may be, illegal. Further, we may share your Personal Information with such agencies if we believe that a crime or any act that endangers the health and safety of others may have been or may be committed. We may also share your Personal Information in response to an appropriate subpoena.

11. Links To Other Sites. When you visit our site, you may be directed to other sites outside our service. These sites may not follow the same privacy policies that we do. These other sites may send their own cookies to users, collect data, or solicit Personal Information in such a way that may be inconsistent with our privacy policy. These other sites are not subject to our privacy policy and we are not responsible for the privacy policies for these other sites, nor for the use of any information that these sites may collect. We do not control the content that appears on these sites. Such sites may contain information that content providers independent of us have created, maintained, published, posted or otherwise made available. The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their content without independent and thorough review of the accuracy, completeness, effectiveness, timeliness and correct sequencing. These external sites may also refer to specific commercial products, processes, or services by trade name, trademark, service mark, manufacturer or otherwise. Unless we have provided explicit authority, such references in no way indicate our endorsement, recommendation or preference.

12. Deleting or Modifying Your Information If you've given us Personal Information in the past and want to delete or update it, please send an e-mail to contact Xingtone and put "Delete Information" in the subject matter line and then tell us in the body of the e-mail that you want your information deleted; or Put "Update information" in the subject matter line and then provide your updated information in the body of the your e-mail.

Although it is not always possible to remove or modify information in the databases, we will make reasonable efforts to do so. If you've given us information for one of those third parties we mentioned above and we've already passed it on, we cannot delete or change the information.

13. Security of Private Information. Any Personal Information you give us is kept in secure files. Access is limited to the few employees who have a need to know. We would like to tell you that your information is as safe with us as it is in your head, but, as crackers/hackers have proved worldwide, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties who are not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. The most any Web site can do is make reasonable efforts, which is what we do, to protect your information from theft, misuse and alteration.

Under no circumstances, including but not limited to negligence, shall we be liable for any special, incidental or consequential damages that result from the use of the information or materials on our Web site, even if we (or an authorized representative of ours) have been advised of the possibility of such damages.

14. Feedback and E-mail Our Web site has a link to a "feedback" e-mail form so you can comment, complain, make suggestions, and ask questions. Your e-mail address is required on this form so we can answer your questions, and we want your name, too, so we can address our answer in a mannerly way. We may also track your browser type and referring URL to better diagnose technical issues you may be having. We do not share this information with third parties and we will use it only to answer your correspondence. We take your electronic privacy seriously.

We reserve the right to change this Privacy Policy at any time. Any such changes will be posted online and it is up to Web site users to remain informed of the most current policy.