Welcome to the MOBIZOIDS mobile content service! The following Terms
constitute a legal "Agreement" regarding your use of our service,
please read them carefully.
If you register with our service using the www.mobizoids.co.uk website
or any successor website ("Website") or if you download content
to a mobile device (a "Download"), you (1) represent that you are
at least 16 years of age and have the consent of the subscriber
of a participating mobile communications carrier to sign-up for
and use the MOBIZOIDS Service on behalf of the subscriber; and (2)
agree on behalf of the subscriber and yourself to be bound by
the terms and conditions of this Agreement.
In this Agreement, "you" and "your" refer to each customer
(including the subscriber of a participating mobile communications
carrier on whose behalf you are entering into this Agreement) and
his or her agents, and "we", "us" and "our" refer collectively to
Bullroarer, Inc., doing business as MOBIZOIDS ("Company" or " Bullroarer").
This Agreement explains our obligations to you, and your obligations
to us in relation to the MOBIZOIDS Service.
Description of MOBIZOIDS Service
The Company provides downloadable mobile entertainment content,
such as polyphonic, realtone, or novelty ringtones; wallpapers,
J2ME games; graphics; news and other information data via the
Internet, SMS, Wireless Access Protocol ("WAP"), and other means
of mobile content delivery ("Content") to certain compatible
wireless mobile devices (the "Service"). You acknowledge and agree
that the Service is only for your personal use on the mobile device
designated during the Download. You agree that you may not (i) transmit,
(ii) broadcast, (iii) upload to any computer or mobile device, (iv) create
derivative works of, or (v) make commercial us of the Service, including,
but not limited to, any Download(s). You may not engage in, attempt to
engage in, or otherwise authorize, encourage or support others' attempts
to engage in the following activities: (i) circumventing, (ii) re-engineering, (
iii) reverse engineering, (iv) decrypting, (v) breaking, (vi) hacking,
(vii) probing, (viii) phishing, (ix) inserting or communicating viruses,
Trojan horses or other code, or (x) otherwise altering or interfering
with the Service, including, but not limited to, any Download(s).
2. Registration and Access to Service
(a) 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 Company
makes the Service available as well as any carrier services necessary to
download content (e.g., Telstra services), 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 hand set or other mobile access device that
is in working order and suitable for use in connection with the Service.
You are responsible for ensuring that your equipment and/or software do
not disturb or interfere with Company's operations. Any equipment or
software causing interference shall be immediately disconnected from
the Service and Company shall have the right to immediately terminate
this Agreement. 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 augment or enhance the current Service, including the
release of new products and services, shall be subject to the terms and
conditions of this Agreement.
(b) Subscription Plans. Company is offering through its Service a bundle
of credits for a defined number of individual Downloads (or, in some
circumstances, individual Downloads) on a renewable subscription basis
depending on the MOBIZOIDS plan you choose (the "Subscription Plan"). To
view the Subscription Plans the Company has offered, go to MOBIZOIDS "plans &
pricing". The details of the plans (the number of Downloads available
as part of a particular Subscription Plan, the renewal period of a particular
Subscription Plan, etc.) are incorporated into this Agreement by this reference
and form part of the terms of this Agreement. After you have signed up for a
Subscription Plan(s), you may view the details of your plan under "my Locker"
after you input your mobile phone number and your password, or contact
0800-0470-955
The Subscription Plan between you and the Company shall begin when the
Company, upon your request, has provided you with access to the Service
(such access may be based on a personal username and password generated
for that purpose or on other data that Company deems sufficient for your
identification). 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 an SMS text service e.g.
sports results) or by enabling you to download the product (e.g., by delivering
a WAP-Push link or a PIN for download of the downloadable mobile entertainment
content on Company website) or by providing access to the mobile entertainment
content (e.g., by enabling MSISDN for this product). The subscription period is
1 week. The Subscription Plan and subscription period will be renewed each
week and a new subscription fee shall become due for the concerned subscription
period. The Subscription Plan shall remain in effect until terminated and/or
cancelled by you or Company according to Section 8 of this Agreement.
The www.mobizoids.co.uk Subscription Plans include a set number of credits that entitle you
to download, receive and/or access that set number of individual downloads of
mobile entertainment content for a weekly flat fee. After entering into your
Subscription Plan, every week Company will transfer download credits to your
account. The type and number of credits you are entitled to is dependent on
the type of Subscription Plan you choose. The provision of credits and the
making available of the possibility to download, receive and/or access mobile
entertainment content is offered for a flat fee. The weekly flat fee shall
become due every week irrespective of whether or not you actually download
any content during any particular subscription period; the consideration for
the weekly flat fee shall solely be the weekly 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
credits. The number of credits for downloads shall be reduced by actual
downloaded mobile entertainment content, in other words the download of mobile
entertainment content is evaluated as redemption of one or more credits and
thereby reduces the total number of downloadable mobile entertainment content
you are entitled to download, receive and/or access during that particular
subscription period. If you do not use/redeem all your credits within the
subscription period (1 week), 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 plan, then you will be prompted
to purchase an additional plan and be responsible for the additional applicable
weekly plan fee.
(c) Registration Data. If you opt to register for the Service on our Website,
you agree to: (i) provide true, accurate and complete information about yourself
as prompted by the registration form ("Registration Data") and (ii) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If Company has reasonable grounds to suspect that the Registration
Data is untrue, inaccurate or incomplete, Company has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). You acknowledge and agree that we may rely on
the Registration Data to send you important information and notices regarding
your account and our Services. You acknowledge and agree that we shall have no
liability associated with or arising from your failure to maintain accurate
Registration Data, including, but not limited to, your failure to receive
critical information about the Service or your account. You further agree that
we (ourselves or through third party service providers) are authorized to
verify such Registration Data.
(d) Username and Password. If you opt to register for the Service on our
Website, you may be required to establish an account and obtain a username
and password. Your username will normally be restricted to your mobile phone
number. You authorize us to process any and all account transactions initiated
through the use of your username and password. You are solely responsible for
maintaining the confidentiality of your password and must immediately notify us
of any unauthorized use of your username and password. You acknowledge and
agree that you are responsible for any unauthorized activities, charges and/or
liabilities made through the use of your username and password. In no event
will we be liable for the unauthorized use or misuse of your username and/or
password. The Company may need to change usernames allocated to certain of its
Services and reserves the right to do so. You will be informed if this is
necessary.
(e) Access without Registration. Company may provide you with access to some
Services without you registering as a user, such as sign-up via SMS. In each
such case your identification is based on means of identification that we deem
appropriate, such as your mobile telephone number.
(f) License to Download(s). You acknowledge and agree that the Download(s)
made available as part of the Service are owned by Company, its affiliate
and/or licensors, as applicable, and are protected by intellectual property
laws. Company hereby grants, and you hereby accept, a limited, non-exclusive,
non-transferable, revocable right and license to download and use the object
code version of 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. No license is
granted to you by this Agreement in the human readable code, known as the
source code, of the mobile entertainment content downloaded on your mobile
device, and no rights are granted to you by this Agreement in any patents,
copyrights, trade secrets, trademarks or any other rights in respect of the
mobile entertainment content downloaded on your mobile device.
This Agreement will terminate immediately, without notice, if you fail to
comply with any term or condition of this Agreement. Upon a termination of
this Agreement, you agree to immediately remove all downloaded mobile
entertainment content from your wireless communications device.
(g) Interruptions or Discontinuation of Service. Company reserves the right
at any time and from time to time to modify, suspend, discontinue or
permanently cancel the Service, or portions thereof, with or without notice
to you. If the Service, or any part thereof, for which you subscribe is
permanently discontinued or canceled by Company we will cancel your Subscription
Plan and reimburse any pre-paid fees related to such Service, except for
termination made in accordance with Section 8 of this Agreement.
(h) Third Party Products and Services. We may make available or provide
access to products and services of independent third parties either directly
or via links to websites operated by such third parties. Such products or
services shall be purchased and/or obtained directly from such third party.
You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY
WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE
AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED
IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
3. Privacy and Security
You acknowledge that, in connection with the Service, the Company may
collect and process "personal information" (that is, information that
could be used to contact you, such as full name, postal address, phone
number, or e-mail address), "financial information" (that is, credit card
numbers, bank account information, or passwords), or "demographic and usage
information" (that is, information that you submit, or that we collect, which
is neither personal information nor financial information but necessary for
the proper functioning and billing of our service, such as the date regarding
the start and end and the extent of your usage of the service). We may pass
on your personal information, financial information, and/or demographic and
usage information to your mobile phone service provider, your credit card
company, PayPal, or another payment facility you have designated in order
to secure collection of fees, and such information collected by the Company
may be stored and processed in the United States, or any other country in
which the Company or its agents maintain facilities. By using the Service,
you consent to any such transfer of information outside of your country,
and you also consent to the Company using your personal information to
contact you electronically, in writing, or otherwise to provide notices
relating to your use of the Service and to give you information about the
products and services offered by the Company and its affiliates. The Company
may store your information beyond this date if that is required by law or
contract. Furthermore, we may disclose your personal information, financial
information, and/or demographic and usage information to law enforcement and
other governmental agencies or instrumentalities for legal proceedings and the
prevention of crimes, or to other third parties as may be required by law,
statute, or regulation.
We take data security very seriously. We attempt to provide for the secure
transmission of information from your computer or mobile device to our servers
by utilizing generally accepted encryption software. However, due to the
open nature of Internet communications, we cannot guarantee that communications
between you and the Company will be free from unauthorized access by third
parties. Users of the Website do so at their own risk. To prevent unauthorized
access and maintain accuracy, the Website has in place reasonable physical,
electronic, and managerial procedures to secure your personal information,
financial information, and demographic and usage information. Employees with
access to this information are required to follow our security protocols,
which provided that such information must be used only for the purpose of
providing the Service to you. The Company periodically reviews and updates
as appropriate these information access controls.
4. Indemnification
You agree to release, indemnify, defend and hold harmless the Company,
subsidiaries, affiliates, officers, directors, shareholders, contractors,
agents, employees, licensors and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees, made
by any third party due to or arising out of or in connection with (a) your
use of the Service, and (b) the breach by you of your representations and
warranties set forth herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO ANY DOWNLOAD(S), IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT
MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED
ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS
AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY
TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE,
OR TERMINATION OF THE SERVICE (OR ANY PART OF THE SERVICE). WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES WILL CREATE
ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT, AND YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT
THE COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY
THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE WITH RESPECT
TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS
AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING
THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE
RESTRICTED, THE COMPANY, ITS LICENSORS, AND CONTRACTORS (INCLUDING ANY THIRD
PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT
THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS AGREEMENT,
OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
6. Intellectual Property Rights
Except as otherwise set forth herein, 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 ("Company Intellectual Property
Rights") are owned by Company or its licensors, and you agree to make no claim
of interest in or ownership of any such Company Intellectual Property Rights.
You acknowledge that no title to the Company 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. Fees
The amount of the weekly fees for the Subscription Plan to the Service are
identified and available as described above in Section 2(b). You agree to pay
your mobile device operator the weekly fee that corresponds to the Subscription
Plan you select in accordance with the fees in effect at the time of your order.
Unless otherwise indicated, the charges shall be invoiced on the bill from your
participating mobile communications carrier. All fees are subject to change upon
notice from Company. Company 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 14 days from the date of such notice
to cancel your subscription plan and/or your account effective at the end of
the calendar week. All fees are due immediately and are non-refundable, except
as otherwise expressly noted.
8. Termination and Cancellation of Services
To cancel your Subscription Plan, send a text message with the text "STOP" to
60016, or such other number as may be designated on our Website, or go to My
Locker after you input your mobile phone number and password on the Website, send
an e-mail to info@mobizoids.co.uk or contact 0800-0470-955. The termination shall
become effective at the end of the billing period in which you gave your
notice of termination.
You agree that Company, at its sole discretion, may at any time terminate your
use of the Service and Subscription Plan(s) or individual services provided via
the Service and/or change its content offering made available through the
Service, if Company believes that you have violated or acted inconsistently
with this Agreement. You agree that upon termination of your access to the
Service under any provision of this Agreement, Company may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Company 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 Plan for any reason, Company will not refund any of your fees
paid to date, except as expressly provided in this Agreement.
9. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise in this
Agreement, all notices to the Company should be in writing and delivered via
overnight courier or certified mail, return receipt requested to:
Bullroarer Corporation Pty Ltd
18 Soho Square
London, W1D 3QL
United Kingdom
The Company will serve notices related to this contract by posting them on the
Website or by sending them to the postal address or e-mail address you have
given to the Company or as a text message to your mobile telephone number
associated with your account. Notices sent by mail shall be deemed received
seven days after they were sent. Notices posted on the Website or sent by
e-mail or as a text message shall be deemed received on the weekday following
the day when they were posted or sent.
(b) Severability. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, in whole or
in part, that term or provision will not affect the remainder of this
Agreement; this Agreement will be deemed amended to the extent necessary to
make this Agreement enforceable, valid and, to the maximum extent possible
consistent with applicable law, consistent with the original intentions of
the parties; and the remaining terms and provisions will remain in full force
and effect.
(c) Entire Agreement. You agree that this Agreement constitutes the entire,
complete and exclusive agreement between you and us regarding the Service
and supersedes all prior agreements and understandings, whether written or
oral, or whether established by custom, practice, policy, or precedent, with
respect to the subject matter of this Agreement.
(d) Assignment and Resale. Except as otherwise set forth in this Agreement,
your rights under this Agreement are not assignable or transferable. You agree
not to resell the Service or any portion thereof. You understand and agree that,
except as expressly provided in this Agreement, this Agreement is not intended
to confer, and does not confer, any rights or remedies upon any person other
than parties to this Agreement.
(e) Governing Law. These Terms and Conditions are governed by the laws of NSW, Australia and you and Bullroarer Corporation Pty Ltd agree to submit to the non-exclusive jurisdiction of the courts of NSW. If you access this site from another location, you may be responsible for compliance with applicable local laws.
(f) Waiver. No waiver of any provision of this Agreement shall be effective
unless it is in writing and signed by an authorized representative of the
Company. The remedies of the Company under this Agreement shall be cumulative
and not alternative, and the election of one remedy for a breach shall not
preclude pursuit of other remedies. The failure of a party, at any time or from
time to time, to require performance of any obligations of the other party under
this Agreement will not affect its right to enforce any provision of this
Agreement at a subsequent time, and the waiver of any rights arising out of any
breach shall not be construed as a waiver of any rights arising out of any prior
or subsequent breach.
(g) Headings. The section headings appearing in this Agreement are inserted only
as a matter of convenience and in no way define, limit, construe, or describe
the scope or extent of such section or in any way affect such section.
(h) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(c), 2(e), 4, 5, 6 and 9 of this Agreement shall survive such expiration or termination.
Copyright on www.mobizoids.co.uk (including but not limited to text, photographs,
graphics and software) is owned by or licensed to Bullroarer, Inc. All rights
are hereby reserved by Bullroarer, Inc.
Users may access content on MOBIZOIDS solely for their own personal,
non-commercial use. Users may not otherwise download or copy, store in
any medium (including any other website), distribute, transmit, re-transmit,
modify, or show in public any part of www.mobizoids.co.uk without the prior written
consent of Bullroarer, Inc.
Bullroarer Corporation Pty Ltd
18 Soho Square
London, W1D 3QL
United Kingdom
Customer Support:
e-mail: info@mobizoids.co.uk
