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1. INTRODUCTION
1.1 Services description
MYMP3TONE.COM provides members and non-members with access to a variety of products and services through its on-line (World Wide Web) and WAP (Wireless Application Protocol) services and to allow its members to create personal profiles online in order to communicate and share information and content with other members of the MYMP3TONE.COM services (the "Services").
The Services may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. MYMP3TONE.COM 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 such products or services.
1.2 Applicable terms and conditions.
The Services and any products and services which may be accessed through the Services are made available to you subject to these Terms of Use Agreement ("AGREEMENT"). The AGREEMENT are in addition to any MYMP3TONE.COM or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any discrepancy between the AGREEMENT and such Specific Terms the latter shall prevail.
2. ACCESS TO THE SERVICES
2.1 Equipment and Software.
You are responsible for ensuring that that equipment and software do not disturb or interfere with MYMP3TONE.COM's operations. Any equipment or software causing interference shall be immediately disconnected from the Services.
2.2 Registration and Registration Data.
Upon your request, MYMP3TONE.COM may register you as a user and provide you with access to the Services by allocating you a personal username and password (which may or may not relate to your mobile-number). MYMP3TONE.COM 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). The same procedure may apply to products and services made available through the Services. You alone are responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Services (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 (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If MYMP3TONE.COM has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, MYMP3TONE.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion of them). Prior to any such withdrawal MYMP3TONE.COM shall temporarily withdraw the Services and notify you of the grounds on which the Services has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent. Please note your obligations under clause 8.3 (Responsibility for Using the Services).
2.3 Access without registration.
MYMP3TONE.COM 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 MYMP3TONE.COM deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MSISDN number provided by your network operator. You agree that such information may be collected and disclosed to MYMP3TONE.COM and used in accordance with section 4.1.
2.3.1 Member disputes.
You are solely responsible for your interactions with other MYMP3TONE.COM members. MYMP3TONE.COM reserves the right, but has no obligation, to monitor disputes between you and other members.
3. PROCESSING OF YOUR INFORMATION
3.1 Privacy.
MYMP3TONE.COM is committed to the privacy of its customers. You acknowledge that MYMP3TONE.COM collects and processes Registration Data and information on your use of the Services including the personally identifiable information contained therein for the purposes detailed in section 9-12.
4. SERVICES OBLIGATION
4.1 Reasonable efforts to maintain the Services.
MYMP3TONE.COM shall use reasonable efforts to keep the Services (or individual services supplied by MYMP3TONE.COM or third parties) available in accordance with the information that you have received about it at the date of this Agreement. MYMP3TONE.COM may suspend the Services for repair, maintenance, and/or upgrade work. In such a case, MYMP3TONE.COM shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.
4.2 Right to modify services.
MYMP3TONE.COM shall have the right to provide the Services as it deems best but will try to ensure that the Services is of no lesser standard than as at the date these AGREEMENT were entered into. MYMP3TONE.COM reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a Services is or the Services are to be permanently discontinued by MYMP3TONE.COM it will notify you of this fact.
4.3 Services Upgrades.
If any upgrade in a Services requires changes in your equipment or software, you must effect these changes at your own expense. MYMP3TONE.COM shall inform you of any such alterations in the Services in advance. Unless explicitly stated otherwise, any new or additional features that augments or enhance the current Services, including the release of new services, shall be subject to the AGREEMENT.
4.4 General practices.
You acknowledge that MYMP3TONE.COM may establish general practices and limits concerning use of the Services (such as maximum number of days that uploaded content will be retained by the Services and the maximum disk space that will be allotted on MYMP3TONE.COM's servers on your behalf). You acknowledge that MYMP3TONE.COM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MYMP3TONE.COM reserves the right to change these general practices and limits at any time, at its sole discretion, without notice.
5. MYMP3TONE.COM'S WARRANTIES
5.1 No warranties other than the AGREEMENT.
The Services (and any services available through MYMP3TONE.COM) are offered to you on an "as is", "with all faults" and "as available" basis without warranties of any kind save as provided in these Terms of Services and as required by the law applicable to these Terms of Services. Your use of the services and/or any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted through or made available using the Services ("content") is at your own risk and the use by you of the services must comply with instructions given by MYMP3TONE.COM from time to time.
5.2 Content.
You understand that the content is the sole responsibility of the person from whom such content originated. Unless explicitly stated to the contrary, MYMP3TONE.COM do not control the content posted via or made available using the Services and does not warrant the accuracy, availability, integrity, or quality of such content. MYMP3TONE.COM will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, otherwise transmitted via or made available using the Services.
5.3 Services.
MYMP3TONE.COM make no warranty that (i) the results that may be obtained from the use of the Services (or any services available through MYMP3TONE.COM) will be accurate or reliable, (ii) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations based on the information available to you in connection with the Services at the date of accepting these Terms of Services, and (iii) any errors in the software will be corrected;
5.4 Downloading of content.
Any content downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material.
5.5 Security measures.
MYMP3TONE.COM shall use reasonable efforts to secure any information that you transmit or store through the Services in order to prevent unauthorised access by third parties. You acknowledge, however, that MYMP3TONE.COM are unable to exercise full control over the security of information passing over the network utilised by the services or via the Services, and MYMP3TONE.COM hereby exclude all liability of any kind for unauthorised access to information passing over the network or via the Services.
5.6 General warranties.
(A) The services are internet, and WAP driven and MYMP3TONE.COM is not able to control efficiency of all networks in their entirety over which the services (and individual MYMP3TONE.COM or third party services) are supplied. Therefore, MYMP3TONE.COM assume no responsibility for any disruption to the services/individual MYMP3TONE.COM services provided that we will use all reasonable efforts to rectify any such disruption as soon as reasonably practicable. Further, MYMP3TONE.COM make no representation or warranty and assume no responsibility for the delays in provision of the services/individual MYMP3TONE.COM Services, distortion, mis-delivery or failure to store any content, communications or personalised settings or the equipment used by you in relation to the services or individual MYMP3TONE.COM services;(B) when using the internet services you may find from time to time sites and addresses which you wish to visit have been disconnected or cannot be found. MYMP3TONE.COM are not responsible for maintaining any site or address other than our own and cannot guarantee the continued availability of any other person's site or address. MYMP3TONE.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof not within our reasonable control;(C) no non-fraudulent advice or information, whether oral or written, obtained by you from MYMP3TONE.COM or through or from the Services shall create any warranty not expressly stated in the Terms of Services save any terms expressed to be able to be varied in these Terms of Services.
6. LIMITATION OF LIABILITY
6.1 Nothing in this agreement limits or excludes either MYMP3TONE.COM's or your liability for personal injury or death caused by our or our employees or your negligence, or any other liability which cannot be limited or excluded by applicable law.
6.2 MYMP3TONE.COM shall not in any circumstances be liable under these AGREEMENT for any indirect, incidental, special, consequential or exemplary damages for losses including (without limit) for loss of business contracts, savings, anticipated savings, profits or goodwill, loss of data however these may arise or for any other unusual losses.
6.3 In no event shall mymp3tone.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if MYMP3TONE.COM has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, MYMP3TONE.COM's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MYMP3TONE.com for the MYMP3TONE.com services during the term of membership
6.4 Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MYMP3TONE.COM may not, as a matter of applicable law, disclaim any liability or implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
7. USE OF THE SERVICES AND CONTENT
7.1 The nature of content.
Neither the Services, nor any of the information transmitted through or made available using the Services, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, MYMP3TONE.COM does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.
7.2 Responsibility for Content provided by you.
You shall be responsible for any Content delivered through your account. In particular, you are responsible for that any Content sent by you or through your account does not cause interference to the network, infringe copyrights or other rights, or violate good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by the authorities.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. MYMP3TONE.COM does not endorse and has no control over the Content. Content is not necessarily reviewed by MYMP3TONE.COM prior to uploading and posting and does not necessarily reflect the opinions or policies of MYMP3TONE.COM. MYMP3TONE.COM makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to And share with other.
7.3 Responsibility for the use of the Services.
You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Services or any products and services made available through the Services. You agree to (a) immediately notify MYMP3TONE.COM in case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MYMP3TONE.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.3.
7.4 Prohibited activities.
You are responsible for all the mobile digital content you upload, share or copy using the Services at MYMP3TONE.COM. You must have the legal right to copy and display and distribute each of the items that you upload when you agree to share the items with others. Songs and sound-clips that are provided to you by professional musicians or record-labels or otherwise copyrighted should not be uploaded, shared or copied using the Services at MYMP3TONE.COM.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MYMP3TONE.COM to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MYMP3TONE.COM by the copyright owner or the copyright owner's legal agent.
You agree not to use the Services or services available via the Services to:
a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
c) impersonate any person or entity, including, but not limited to, a MYMP3TONE.COM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements);
e) upload, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
g) "stalk" or otherwise harass another member.
h) solicit personal information from anyone under 18
i) provide any telephone numbers, street addresses, last names, URL’s or email addresses
j) solicit passwords or personal identifying information for commercial or unlawful purposes from other users and members of MYMP3TONE.COM
k) include a photograph of another person that you have posted without that person’s consent
You agree not to:
a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
b) intentionally or unintentionally violate any applicable local, state, national or international law;
c) Forge header or otherwise manipulate identifiers in order to disguise the origin of any digital media transmitted through the MYMP3TONE.COM Services.
d) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
7.5 MYMP3TONE.COM's right to refuse Content.
You acknowledge that MYMP3TONE.COM does not monitor Content, but that MYMP3TONE.COM may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Services. Without limiting the effect of this clause, MYMP3TONE.COM shall have the right to remove any Content that violates the AGREEMENT or is otherwise objectionable. You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7.6 MYMP3TONE.COM's right to disclose information.
You acknowledge and agree that MYMP3TONE.COM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the AGREEMENT; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MYMP3TONE.COM, its users and the public.
7.7 Use of content.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Content you post into public areas of the Services, including but not limited to chat groups, message boards and other areas accessible to large or unlimited number of users of the Services or other persons, is or may be accessible to other users of the Services or other persons. Accordingly you grant other users of the Services, MYMP3TONE.COM or other persons having access to such Content a royalty-free, irrevocable and worldwide license to use and reproduce, modify, and translate such Content in association with the Services.
7.8 Intellectual Property in the Services.
You acknowledge and agree that the Services, any software used in connection with the Services ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belongs to MYMP3TONE.COM or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services is protected by copyrights, trademarks, Services marks, patents or other proprietary rights and laws. Except as expressly authorised by MYMP3TONE.COM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by MYMP3TONE.COM for use in accessing the Services. MYMP3TONE.COM hereby grants you a license to make a single copy of the Content on the equipment you use to access the Services and to use and display such copy of the content on such equipment for private non-commercial purposes.
7.9 Without MYMP3TONE.COM's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Services.
7.10 Reporting violations of copyright
If you believe the copyright of an original work has been violated in this Services, please contact MYMP3TONE.COM under the About-section on the web-site. Provide us with the following information:
(a) Identify the material on the Services that you believe infringes on the (violated) work, with sufficient detail so that we can locate it within the Services.
(b) Provide us with you address, telephone number and email address
(c) Provide a statement that you believe that the disputed use is not authorised by the copyright owner
(d) Provide a statement that: " The information you have provided is accurate " That you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner Upon receipt of your complaint, MYMP3TONE.COM may remove the material that you believe infringes the copyright. MYMP3TONE.COM may terminate the account of any customer who appears to infringe intellectual property rights.
7.11 Storage Policy
MYMP3TONE.COM provides free online storage of mobile digital content to its customers for an initial period of 1 month from the date upon which the customer has added content to their MYMP3TONE.COM account. To maintain free storage, the customer will need to be active within the account at least once a month. If after a period of 3 months no activity has been recorded on the account. MYMP3TONE.COM may temporarily terminate access to the account. In addition if the account becomes inactive for a period of 4 months, MYMP3TONE.COM may at its discretion, terminate access to the account completely (including deletion of any account information held by MYMP3TONE.COM).
8. PAYMENTS
8.1 Data connection costs.
Costs for connection to the WAP gateway to download the products to your mobile phone are charged by your mobile operator at their standard rates for GPRS data. Please contact your specific mobile operator for more details on these charges.
8.2 Potential fraud.
If MYMP3TONE.COM at their sole discretion have any reason to believe that the Services is being used in a fraudulent manner, MYMP3TONE.COM shall reserve the right to suspend access to the Services until MYMP3TONE.COM are satisfied the use of the Services is in accordance with the terms of Services.
9. INFORMATION COLLECTION AND USE
From time to time, you will be asked to submit personal information about yourself (e.g. name and email address etc) in order to receive or use services at Mymp3tone.com. Such services include newsletters, competitions, "Alert Email", live chats, message boards and Mymp3tone.com membership.
By entering your details in the fields requested, you enable Mymp3tone.com and its Services providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. Mymp3tone.com will act in accordance with current legislation and aim to meet current Internet best practice.
10. INFORMATION ON VISITORS
During the course of any visit to Mymp3tone.com, the pages you see, along with something called a cookie, are downloaded to your computer (see point 11 for more details on this). Most, if not all, websites do this, because cookies allow the website publisher to ascertain whether the computer (and probably its user) has visited the site before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.
Any information that is supplied by cookies can help us to provide you with a better Services and assists us to analyse the profile of our visitors.
11. USE AND STORAGE OF YOUR PERSONAL INFORMATION
When you supply any personal information to Mymp3tone.com we have legal obligations towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it and tell you if we want to pass the information on to anyone else. In general, any information you provide to Mymp3tone.com will only be used within Mymp3tone.com and by its Services providers and partners. Also, if you post or send offensive or inappropriate content anywhere on or to Mymp3tone.com or otherwise engage in any disruptive behaviour on Mymp3tone.com, and Mymp3tone.com considers such behaviour to be serious and/or repeated, Mymp3tone.com can use whatever information that is available to it about you to stop such behaviour. This may include informing relevant third parties such as your employer, school or e-mail provider about the content and your behaviour.
We will hold your personal information on our systems for as long as you use the Services you have requested, and remove it in the event that the purpose has been met, or, in the case of you no longer wish to continue your status as a Mymp3tone.com member. For safety reasons, however, Mymp3tone.com may store messaging transcript data (including message content, member names, times and dates) arising from the use of Mymp3tone.com Community services for a period of six months. Where personal information is held for people who are not yet registered but have taken part in other Mymp3tone.com services (eg competitions), that information will be held only as long as necessary to ensure that the Services is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
12. ACCESS TO YOUR PERSONAL INFORMATION
You have the right to request a copy of the personal information Mymp3tone.com holds about you and to have any inaccuracies corrected. (There is a small charge for such administration requests.)
13. USERS 16 AND UNDER
If you are aged 16 or under, please get your parent/guardian's permission beforehand whenever you provide personal information to Mymp3tone.com's website. Users without this consent are not allowed to provide us with personal information.
14. TERMINATION
14.1 Termination of the Services.
(a) You agree that MYMP3TONE.COM, at its sole discretion, may terminate your use of the Services or individual services provided via the Services, and remove and discard any Content within such services, if you remain in breach of this agreement for more than 7 days from notice of such fact.
(b) Both MYMP3TONE.COM and you may terminate this contract by submitting a notice in accordance with clause. The termination shall be effective at the end of the calendar month following the month when you gave your notice of termination.
14.2 Suspension of the Services.
MYMP3TONE.COM may suspend all or any of the Services (or individual services provided via the Services), for lack of use, or if MYMP3TONE.COM believes that you have violated or acted inconsistently with AGREEMENT.
14.3 Deletion of account information on termination.
You agree that on any termination of your access to the Services under any provision of this AGREEMENT MYMP3TONE.COM 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 Services. Further, you agree that MYMP3TONE.COM shall not be liable to you or any third party for any termination of your access to the Services.
15. OTHER TERMS AND CONDITIONS
15.1 Notices
You shall send any notices related to this contract to the following address:
MYMP3TONE.COM
Gaustadalléen 21
N-0349 Oslo
Norway
MYMP3TONE.COM shall serve notices related to this contract by posting them on the MYMP3TONE.COM Web site or by sending them to the address or e-mail address you have given to MYMP3TONE.COM.
15.2 Changes to AGREEMENT
MYMP3TONE.COM reserves the right to change these terms and conditions from time to time. Changes shall be notified to you by posting on the MYMP3TONE.COM Web site or by sending you a notice pursuant to section 11.1 thereof. Changes in this manner shall be deemed to have been accepted if you continue to use the Services after a period of two weeks from the date of posting on the MYMP3TONE.COM website or from the notice.
15.3 Reasonable Control
MYMP3TONE.COM will not responsible for non-compliance with the terms of these AGREEMENT where such non-compliance results from matters beyond MYMP3TONE.COM's reasonable control.
16. GENERAL INFORMATION
The AGREEMENT and the relationship between you and MYMP3TONE.COM shall be governed by the laws of England and Wales without regard to its conflict of law provisions. The failure of MYMP3TONE.COM to exercise or enforce any right or provision of the AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of the AGREEMENT remain in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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