IMPORTANT: IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION, YOU AGREE WITH THE TERMS AND CONDITIONS AS STATED BELOW AND ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. PLEASE CONTACT OUR CUSTOMER SERVICE FOR ANY QUESTIONS. THANK YOU.
NOTICE:
MOBILE FUN BOOK (MFB), a service operated by RosskingMedia Pty. Ltd., may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at http://mobifunbook.com/.
If in any way you do not agree to be bound by any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. MFB reserves the right to deny registration of any individual to the MFB Services and to deny access to any Site.
DESCRIPTION OF SERVICE
MBF distributes mobile content and services to resellers worldwide. The Services are available at websites on the world wide web owned and/or operated by MFB or its affiliates (the "Sites) and includes everything on the Sites that may exist from time to time, including, without limitation, downloadable mobile entertainment, such as ringtones, wallpaper, games and graphics (collectively, the "Downloads"). MFB either owns the copyrights of such Downloads, or have the rights to resell them to resellers worldwide from their respective owners. PLEASE NOTE THAT THE DOWNLOADS, ARE PAID SERVICES. Once properly registered and after making proper payment, you will be permitted to download the Downloads for your commercial use. Commercial use only refers to the rent of our contents. It shall only be for your use during the subscription.
REGISTRATION OBLIGATIONS
In order to use the Service, you must register and provide certain information (e.g., name, country or territory of residence and billing information) to MFB ("Registration Data"). You agree to provide current, complete and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account" area of the MFB Website. MFB will use your Registration Data in accordance with its Privacy Policy, which you should review at http://mobifunbook.com/. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service. All terms and conditions provided in the Privacy Policy and hereby recited and incorporated into this Agreement. All capitalized terms not defined herein shall have the meanings ascribed to them in the Privacy Policy. You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold harmless MFB, its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc. as applicable, for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account. Your login details are your own look out.
PROBLEMS RECEIVING DOWNLOADS
If you order a Download or other product and have problems, and you are unable to download the product, let us know immediately by filling out our Support Form located at http://mobifunbook.com/. If we don't hear from you within seven days from the first date that the download was attempted, you will have been deemed to waive this right and an assumption that you have successfully downloaded your supposed item.
REFUND POLICY
A refund will be issued if there is a technical issue that results in an inability of the user to receive their Download. Technical issues includes corrupt files, system errors, or other unforeseen difficulties that may arise. If, however, you choose a phone or carrier we do not support, if you do not have text messaging and/or Internet enabled on your phone, or if you are simply dissatisfied with the actual product that has been correctly delivered, then YOU SHALL NOT BE ENTITLED TO A REFUND.
MARKETING INFORMATION
We will keep your details and use it only for purposes of payment (except to arrange and/or clarify payment terms) ant subject it to knowledge with anyone outside MFB and various third party partners.
USE OF SERVICE
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The Service is for your personal and non-commercial use. You understand and acknowledge that the Downloads made available as part of the Service are owned by MFB, its business partners, affiliates and/or licensors, etc. as applicable, and are protected by intellectual property laws. MFB grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your own commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of downloads. When you buy a product or service from MFB, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion. MFB's rights to make certain Downloads available to you may expire. In such event, MFB will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire. If MFB ceases making any such rights available, MFB, will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.
CHARGES / BILLING
By completing the registration process, you authorize MFB to charge the appropriate fees (including taxes or premium surcharges) to your invoice, as selected by you, on a monthly fee subscription plan. You authorize the continued billing each month until you cancel such subscription. Other charges may apply. If your billing information is changed, you must update that information in "My Account." If you cancel your account or subscription for any reason, MFB will not refund any of your fees paid to date. Monthly subscribers are billed on a monthly cycle, which begins either on the 1st or the 15th of a calendar month (each, a "Subscription Month"). We will issue a charge to your invoice on the first day of each Subscription Month. All fees are subject to change upon notice from MFB. MFB will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 10 days from such notice to cancel your subscription and/or your account.
OBJECTIONABLE OR EXPLICIT CONTENT
MFB is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content. You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), are the sole responsibility of the person from which such Content originated. Accordingly, you, not MFB, are entirely responsible and liable for all activities conducted through your Account. MFB does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable.
COPYRIGHT INFORMATION
MFB respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please immediately send a notice to MFB's designated agent to receive notice of possible copyright infringement as listed with the United States Copyright Office.
TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of MFB and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of MFB.
SAFE HARBOR PROVISIONS / DIGITAL MILLENIUM COPYRIGHT ACT
If MFB (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates MFB's or others' intellectual property rights, MFB may, in its sole discretion, suspend or terminate your account with or without notice to you. If MFB suspends or terminates your MFB account under this paragraph, it shall have no liability or responsibility to you, and MFB will not refund any portion of your fees charged to date.
MODIFICATIONS TO SERVICE
MFB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither MFB nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to MFB nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. for which money damages would be inadequate, and in such event MFB 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 this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that MFB nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
INDEMNITY
You agree to indemnify and hold harmless MFB and its agents, employees, representatives, licensors, licensees, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Messaging Systems and the Downloads (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.
TERMINATION, CANCELLATION AND PLAN CHANGES
MFB may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If MFB terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and MFB will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with MFB. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or MFB's enforcement or application of the same; (2) any policy or practice of MFB, including its Privacy Policy, or MFB's enforcement or application of these policies; (3) the Downloads; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to MFB at Mobifunbook@rosskingmedia.com. Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to MFB.
DISCLAIMERS
> WARRANTIES AND LIMITATIONS ON LIABILITY THE MFB SERVICE, MATERIALS AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH MFB, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION. WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT AND ANY THIRD PARTY CONTENT DISTRIBUTED BY US, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. We warrant that: once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the mobile telephone to which the Downloads were delivered; We are entitled to license you to use the Downloads for your commercial use and that no third party will take action against you in respect of that use. Because you have chosen the Downloads or other products and have had the opportunity to review them prior to purchase, we accept no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose. IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ACTUAL,INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. Our entire liability for any claim concerning its performance or nonperformance in connection with this Agreement or the conduct of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Downloads. If you have any questions or comments, please let us know by completing our Support Form.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with MFB with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MFB's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Australia, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service, including the Messaging Systems and the Downloads. You expressly agree that the Courts of Victoria, Australia have exclusive jurisdiction over any claim or dispute with MFB or relating in any way to your account or your use of the Service, the Messaging Systems or the Downloads. You further agree and expressly consent to personal jurisdiction over you in Australia courts in connection with any such dispute including any claim involving MFB or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. Please direct any questions concerning the Service or any other MFB related issue, to a MFB customer service representative by e-mail at:
mobifunbook@rosskingmedia.com
SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
