Tone Media Promotions (TMP) · Proposed revision: October 17, 2026
These Terms of Use (“Terms”) govern access to tonemediapromotions.com (the “Site”) and the products and services offered by Tone Media Promotions (“TMP,” “we,” “our,” or “us”). Please read them before using the Site or placing an order.
By accessing the Site, you agree to comply with the portions of these Terms applicable to Site visitors. When you purchase a product, request a trial, register for an account, or accept a service proposal, you also agree to the applicable purchase, license, or service terms presented to you. If you do not agree, do not use the affected service.
Important: A signed proposal, statement of work, or separate license agreement may establish additional or different terms for a particular project or product. If terms conflict, the more specific agreement controls for that subject, except where prohibited by law.
TMP provides website design and redesign, eCommerce website design, website security-related services, digital website templates and other digital products, and related support or educational materials. Products may include Ready-Made ECOM26 editions for supported platforms and the TMP Client Editor, subject to the descriptions and licenses accompanying each offering.
Descriptions, compatibility, functionality, support periods, and prices are those stated on the applicable product page or written agreement at the time of purchase. Illustrations, demonstrations, and example stores are examples, not guarantees of sales, search rankings, revenue, or other business results.
TMP does not currently offer general website hosting as a new service. Unless expressly agreed in writing, customers are responsible for obtaining and maintaining their own hosting, domain registration, email services, and other third-party subscriptions.
Purchasers and individuals entering contracts with TMP must be at least 18 years old and legally able to enter a binding agreement. If acting for a business, you represent that you have authority to bind it.
Where an account is required, provide accurate information, protect your credentials, and promptly report suspected unauthorized access. You are responsible for activities performed through your account to the extent permitted by law. TMP may restrict access when reasonably necessary to investigate misuse, protect security, or comply with law.
Prices are displayed in U.S. dollars unless otherwise indicated. Applicable taxes and any additional fees will be disclosed during checkout or in the applicable proposal. TMP may change future prices and product offerings, but a later price change does not automatically change an accepted order.
Orders are subject to acceptance and payment verification. Payment processing may be performed by independent providers, such as PayPal or Stripe, under their own terms. TMP does not promise that every payment method will be available for every order.
Custom projects may require deposits, milestone payments, or final payment as specified in the accepted proposal or invoice. Scope additions and revisions outside the agreed work may require separate written approval and additional fees. TMP will not impose undisclosed recurring charges.
If TMP offers an automatically renewing product or service, the applicable checkout must separately disclose the renewal amount, frequency, cancellation method, and other required terms and obtain any legally required affirmative consent. These Terms alone do not authorize recurring charges.
Where offered, an ECOM26 trial lasts 60 days and is governed by the trial instructions and license terms presented at registration. The trial is intended to permit evaluation before purchase and may be limited by edition, permitted downloads, websites, or other disclosed restrictions.
Unless a separate offer expressly discloses automatic conversion and obtains all required consent, the trial does not automatically convert into a paid purchase or subscription. Trial access or license rights may end after the trial period; continued use may require purchasing a valid license. TMP does not guarantee that an expired trial installation will remain fully functional.
Customers should back up their own content and website data before a trial ends or before making software changes. Any trial restrictions must be communicated on the trial registration page or in the applicable license.
Purchasing a digital product or software license provides only the rights expressly stated in its accompanying license agreement; it does not transfer ownership of TMP's underlying software, templates, trademarks, or other intellectual property.
Unless the applicable license expressly permits it, you may not resell, sublicense, redistribute, publish license keys, or provide unauthorized copies of TMP-licensed digital products. Any one-site limitation, supported platform, activation requirement, update entitlement, and support period must be specified in the applicable license or product description.
The TMP Client Editor and third-party components may have separate license conditions. Where third-party or open-source software is included, its applicable license continues to govern that component. Nothing in these Terms restricts rights granted by mandatory open-source licenses.
Customers are responsible for checking stated technical requirements, keeping backups, and testing updates in an appropriate environment. TMP will provide any expressly purchased support or updates under the applicable offering, but does not promise perpetual updates or compatibility with every future platform version.
The accepted proposal or statement of work controls project scope, deliverables, timeline, revision rounds, fees, acceptance criteria, and any post-launch support. A quoted page count refers to the individually custom-designed content pages defined in that proposal. Reusable eCommerce system templates, such as product, category, cart, checkout, and account templates, are not automatically counted as individually designed content pages unless expressly stated.
Customers must provide requested content, lawful rights to use supplied materials, timely feedback, and access reasonably necessary to perform the work. Delays in approvals, access, or materials may affect schedules. Customer requests for additional work may require a revised estimate.
Unless otherwise agreed, the customer is responsible for ongoing domain, hosting, backups, software updates, security monitoring, legal notices, accessibility compliance, and maintenance after handoff. TMP may provide some of these services only when expressly contracted.
Launch, handoff, and ownership or usage rights for project deliverables are determined by the accepted agreement and applicable third-party licenses. Customers should not assume that every design element, stock asset, plugin, or licensed component can be transferred without restriction.
TMP retains rights in its Site, brand, original marketing content, proprietary tools, reusable methods, and materials not expressly assigned in writing. You may view the Site for lawful personal or business evaluation but may not reproduce or commercially exploit protected TMP content without authorization, except as permitted by law.
You retain ownership of content you lawfully supply to TMP, including your business name, original text, logos, and images. You grant TMP a limited, nonexclusive license to use that content as reasonably necessary to provide the requested services. You represent that you have the rights and permissions needed for that use.
TMP will not claim ownership of your submitted business materials merely because you send them for a project. Any portfolio display, testimonial use, or public promotion involving customer-specific materials is subject to the project agreement and applicable permissions.
AI-assisted and third-party-generated materials may be subject to additional licensing, usage, or intellectual-property limitations. TMP does not guarantee exclusive ownership or copyright protection for AI-generated output.
WordPress, Joomla, WooCommerce, VirtueMart, Nicepage, payment processors, hosting providers, domain registrars, and other third-party services are independently operated and may have separate terms, privacy practices, fees, and technical requirements. References to third-party names do not imply sponsorship or affiliation.
TMP is not responsible for independent third-party outages, pricing changes, policy changes, vulnerabilities, or discontinued features, except to the extent TMP has expressly assumed responsibility in a written agreement or applicable law requires otherwise.
You may not use the Site, accounts, trial licenses, or TMP products to violate law; infringe others' rights; distribute malware; gain unauthorized access; interfere with security or availability; impersonate others; submit fraudulent orders; or misuse credentials or license keys.
Reasonable automated access for lawful indexing and other activity permitted by law is not prohibited merely because it is automated. TMP may take proportionate action to prevent harmful activity, including limiting access or terminating a license for a material breach, subject to applicable agreements and law.
Our Privacy Policy describes our handling of personal information. Please review it separately. By providing contact information for a transaction or inquiry, you agree that TMP may send communications reasonably necessary to respond, fulfill the transaction, and provide service notices. Marketing messages, where sent, are subject to applicable consent and opt-out requirements.
Electronic records, notices, and signatures may be used where permitted by law. Nothing here waives any legal right to request paper records or withdraw consent where such rights apply.
Refund eligibility, cancellation terms, and any nonrefundable charges are governed by the Refund Policy disclosed at purchase and by any applicable custom project agreement, subject to mandatory consumer rights.
Digital downloads, trial products, and custom services may have different cancellation or refund conditions. No provision in these Terms eliminates a refund or other remedy required by law. For a billing concern, contact TMP using the details below so we can review the transaction.
TMP may maintain, update, modify, or discontinue Site features and product offerings. Temporary interruptions may occur. We take reasonable steps appropriate to our operations but cannot promise uninterrupted service or absolute security.
Customers are responsible for maintaining independent backups of their own websites and content unless a separate written agreement expressly assigns backup duties to TMP.
Except for express warranties stated in an applicable written agreement and rights that cannot legally be excluded, the Site and general informational content are provided on an “as available” basis. TMP does not warrant that every Site feature will be uninterrupted or error-free, or that any design, security, SEO, or eCommerce service will produce a particular business outcome.
Security services reduce certain risks but cannot eliminate all vulnerabilities, attacks, or data loss. Any product-specific warranties or remedies stated in a signed agreement remain in effect.
To the maximum extent permitted by applicable law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages arising from use of the Site or a product or service, including lost profits or business opportunities, except where such limitations are prohibited by law or the applicable written agreement provides otherwise.
For claims arising solely from a paid product or service, TMP's aggregate liability will not exceed the amount paid to TMP for the specific product or service giving rise to the claim during the 12 months preceding the event, except where prohibited by law or expressly varied by a signed agreement. This cap does not apply to liability that cannot legally be limited, including liability arising from fraud, willful misconduct, or other non-excludable legal obligations.
These limitations do not limit any statutory consumer remedies that cannot lawfully be waived.
These Terms are governed by California law, without applying conflict-of-law rules, except where mandatory laws of another jurisdiction apply. Before filing a legal claim, we encourage you to contact TMP to seek an informal resolution; doing so is not a prerequisite to exercising statutory rights or meeting a legal deadline.
Subject to applicable law and any separate signed agreement, disputes may be brought in courts with proper jurisdiction in California. Nothing here imposes mandatory arbitration, waives class-action rights, or restricts access to small claims court.
TMP may update these Terms from time to time and will publish the updated effective date. Material changes affecting an existing paid agreement will be handled according to that agreement and applicable notice and consent requirements; posting new Site terms does not unilaterally change an already signed contract.
If any provision is found unenforceable, the remaining provisions remain effective to the extent lawful. Failure to enforce a provision on one occasion is not a general waiver. These Terms, together with any applicable accepted product terms and written agreements, form the relevant agreement for the services involved.
Tone Media Promotions California, United StatesEmail: contact@tonemediapromotions.com Phone: 916-672-2164 Website: tonemediapromotions.com
For formal legal notices, use the contact details in your applicable signed agreement or request a designated mailing address from TMP.
