Download ringtones, logos, videos, games for your cellphone

3. Registration and Access to the Service
Access to the Service.
In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which MOBIFUN makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

Contracts for our Service.
MOBIFUN is offering its services as individual downloads or as a bundle of credits for a defined number of individual downloads on a renewable subscription basis. The contract for the ongoing Subscription Service between you and MOBIFUN shall begin when MOBIFUN, upon your request, has provided you with access to the Service. Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g. by delivering a ringtone) or by enabling you to download the product (e.g. by delivering a WAP-Push link for download of the downloadable mobile entertainment content on MOBIFUN website). The subscription period is 2 weeks or one month depending on the type of the subscription contract. The Subscription contract and the subscription period will be renewed every 2 weeks or month as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or canceled by you or MOBIFUN according to Section 8 of these Terms.

The subscription contracts include a certain defined number of credits which entitle you to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a flat fee fortnight. After entering into your subscription contract, every 2 weeks MOBIFUN will renew your download credits by delivering a new WAP-Push link for download of the downloadable mobile entertainment content. The type and number of credits you are entitled to is dependent on the type of subscription you choose. The flat fee shall become due every 2 weeks/month your subscription contract is valid whether or not you actually download any content during any particular subscription period; the consideration for the monthly flat fee shall solely be the monthly provision of the right to download, receive and/or access downloadable mobile entertainment content, in other words the making available of the respective download-, WAP- and SMS service credits. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, the unused credits will expire at the end of the respective subscription period. If you download mobile entertainment content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable MOBIFUN retail rate for such additional downloads.

Credits can only be used to download mobile entertainment content offered by MOBIFUN.

Responsibility for the Use of the Service.
You are fully responsible for all activities that occur through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify MOBIFUN immediately in case you become aware of or suspect unauthorized use of your subscription. MOBIFUN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

Registration and Registration Data.
Upon your request, MOBIFUN may register you as a user and provide you with access to the Service by delivering a WAP-Push link for download of the downloadable mobile entertainment content. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (eg. mobile phone number, brand and model of your mobile handset, name of your carrier) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Access without Registration.
MOBIFUN may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that MOBIFUN deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to MOBIFUN and used in accordance with Section 3.

License to Download(s).
You acknowledge and agree that the Download(s) made available as part of the Service are owned by MOBIFUN, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. MOBIFUN hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

Interruptions or Discontinuation of Service.
MOBIFUN may suspend the Service for repair, maintenance, and/or upgrade work. In such event, MOBIFUN shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible. If a service is or the Services are to be permanently discontinued by MOBIFUN it will notify you of this fact and reimburse any pre-paid fees.

4. Privacy
You acknowledge that MOBIFUN collects and processes "personal information" (i.e. information that could be used to contact you, such as phone number or e-mail address), in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by MOBIFUN may be stored and processed in France or any other country in which MOBIFUN or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information will be deleted no later than six months after termination of your subscription. MOBIFUN may store your information beyond this date if that is required by law or contract.

5. Disclaimer of warranties and limitation of liabilities
You understand that your use of the service and download of content is at your own risk and that you must comply with the instructions given by MOBIFUN.

6. Intellectual Property Rights
All right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("MOBIFUN Intellectual Property Rights") are owned by MOBIFUN or its licensors, and you agree to make no claim of interest in or ownership of any such MOBIFUN Intellectual Property Rights. You acknowledge that no title to the MOBIFUN Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7. Charges
Fees.
The fortnight or monthly fees for the Subscription Service are available at Mobifun's web site. The fee shall be charged for every subscription period the contract is in effect. You shall pay MOBIFUN for the Services in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid by using credits, with your credit card. The different payment methods are specified during the order process for the product you chose. MOBIFUN may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.

Fee Changes.
All fees, including fees for existing subscription contracts, are subject to change upon notice from MOBIFUN. MOBIFUN 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 may cancel your subscription and/or your account effective immediately upon termination.

8. Termination and Cancellation of Services
To unsubscribe by text message, text "STOP" to 194 007 or send an email to customer@mobifun.net The termination shall become effective immediately upon confirmation by MOBIFUN.

You agree that MOBIFUN, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services. MOBIFUN may cancel all or any of the Services (or individual services provided via the Services) if MOBIFUN believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, MOBIFUN may immediately deactivate your access to the Service. Further, you agree that MOBIFUN shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, MOBIFUN will not refund any of your fees paid to date, except as provided in section 2 of these TERMS.

9. Miscellaneous Provisions
Notices and Announcements.
Except as expressly provided otherwise herein, all notices to MOBIFUN shall be in writing and delivered to the following address:
MOBIFUN SARL - 1330 avenue JR Gauthier de la Lauziere - Europarc Pichaury - 13856 Aix-en-Provence cedex 3 - France

MOBIFUN shall serve notices related to this contract by posting them on the MOBIFUN web site or by sending them to the e-mail address you have given to MOBIFUN or as a text message to your mobile phone number. Notices posted on the MOBIFUN Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were sent.

Changes of present TERMS.
You acknowledge and agree that this agreement is subject to change by MOBIFUN at any time, which changes shall be effective upon posting such changes on the website. Any use of the service after such posting shall constitute acceptance of such changes by you.

Governing Law and Jurisdiction.
This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of New South Wales. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in Sydney, NSW, Australia.